TABLE OF CONTENTS
SECTION I. GENERAL DESCRIPTION AND INTRODUCTION 3
SECTION II. PROJECT BACKGROUND 3
SECTION III. SCOPE OF SERVICES 4
SECTION IV. SUBMISSION REQUIREMENTS 6
SECTION V. SELECTION CRITERIA 9
SECTION VI. SELECTION PROCESS 9
SECTION VII. SUBMISSION DEADLINE 10
SECTION VIII. REQUESTS FOR ADDITIONAL INFORMATION 11
SECTION IX. TAXES AND LICENSES 11
SECTION X. PAYMENT TO CONSULTANT 12
SECTION XI. INSURANCE 13
SECTION XII. TERMINATION FOR CONVENIENCE OF THE CITY 14 SECTION XIII. INDEPENDENT CONTRACTOR 14
SECTION XIV. CONTRACT 14
SECTION XV. GENERAL CONDITIONS 15
SECTION XVI. PREVAILING WAGE 15
EXHIBIT A: VICINITY MAP
EXHIBIT B: PROPOSAL ACKNOWLEDGEMENT FORM
EXHIBIT C: SAMPLE PROFESSIONAL SERVICES AGREEMENT
I. GENERAL DESCRIPTION AND INTRODUCTION
The City of Stanton (" City") is requesting proposals from qualified consultants to provide professional design services for the Central Park Tennis Courts Renovation Project.
Proposals must conform to the requirements of this Request for Proposal RFP) and proposals must be submitted in a sealed envelope to the Department of Public Works and Engineering no later than 4: 00 p. m. on Thursday, October 3, 2024. The consultant contract is anticipated to be awarded at a November City Council meeting. The City reserves the right to waive any irregularity in any proposal, or to reject any proposal that does not comply with this RFP. The city alone, using the criteria determined by the city, will select the qualified candidate.
The successful Consultant will be required to enter into an agreement with the city, which will include the requirements of this RFP, as well as other requirements to be specified at a later date. By submitting a proposal, the Consultant agrees to all of the terms of this RFP.
Please direct any questions by the deadline for questions listed on the cover page of this RFP to Cesar Rangel, Director of Public Works/ City Engineer via email at crangel©aStantonCA. gv.
II. PROJECT BACKGROUND
The City of Stanton is currently undertaking design efforts to revamp the tennis courts and add lighting around the playground within Central Park. The Central Park Tennis Courts Renovation project proposes renovating the existing four (4) tennis courts, transforming one (1) tennis court into a pickleball court, and adding lighting around the existing playground. The City is expecting final plans and specifications to be completed within six (6) months of the contract award.
The City is interested in renovating the tennis courts to include new perimeter fencing, partition fencing, increase lighting, transform one ( 1) existing tennis court into a new pickleball court with removable netting, crack sealing courts, resurfacing, striping, signage, adding lighting to the existing playground area and additional improvements determined after site evaluation.
III. SCOPE OF SERVICES
The City desires to have Plans, Specifications, and Estimate (" PS& E"), a complete bid package, public meetings, and procurement of necessary permits for the project. The City will furnish the boiler plate specifications. Plans shall include but not limited to, plan and profile views, plans for structural, landscaping, lighting ( existing tennis courts and playground area), irrigation, and civil improvements. Final plans shall be scaled and in reproducible sheets.
The selected consultant shall conduct all engineering, architectural, structural, landscape architectural and administrative tasks necessary to complete the project.
Project tasks shall include, but are not necessarily limited to, those items noted below. If the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant' sproposal.
The development of the Design of the Central Park Tennis Courts Renovation requires, at minimum, the following objectives:
Task 1: Information Gathering and Conceptual Phase
This task will require a field survey to attain measurements for the horizontal locations of existing infrastructure for the purposes of conforming with setback distances for the placement of new amenities. Gather public feedback by preparing a survey or scheduling public meetings. The conceptual plans shall include the following:
Public feedback
Outline project site
Distances and dimensions to vertical elements
Existing structures
Proposed improvements and upgrades ( tennis courts, pickleball court, lighting, perimeter fencing, partition fencing and playground lighting etc.)
All cut sheets for the proposed equipment shall be submitted to the City for preliminary review. An engineer' s
cost estimate for construction shall be
provided to the City for preliminary review. Consultant shall prepare and submit at minimum two (2) alternatives site plans.
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Task 2: Regulatory Permitting
The Plans shall be subject to review and approval by the City' sBuilding Division and Planning Division. The Final Plans shall be in compliance with the City' s Planning & Building Division' s
permitting requirements for design
and construction. This task includes responding to comments by the City' s Planning & Building Division to obtain final approval. Consultant shall design the project to meet ADA compliance and adhere to latest Standard Plans for Public Works Construction and latest California Building Code. Assume three 3) rounds of City review and comments.
Task 3: Town Hall Meetings
The City anticipates multiple Town Hall meetings to present the conceptual plans and project information to the public, commissions, and City Council.
The Consultant will be expected to assist the City in preparing topics for discussion, the presentation, and responding to technical questions. Assume three (3) meetings total, 2 hours each not including travel time.
Task 4: Survey
The Consultant shall perform the required surveying scope for this project and include all underground utilities.
Task 5: Geotechnical, Electrical and Structural
The Consultant shall provide geotechnical, electrical and structural services to provide a design for structural footings and electrical improvements.
Task 6: Final PS& E
Using the City approved Conceptual Plan ( Task 1), the Final Plans, Specifications, and Cost Estimates shall be developed to bid the project for construction. Development of the design plans shall include all engineering design plans, details, and pertinent information. A complete engineering plan set shall be submitted at 60%, 90%, and 100%. The 60% submittal shall be understandable and thoroughly developed. Although the design is not complete at this stage of development, most technical content should be provided. The 90% submittal shall include the consultant complete, QA - checked, and final -quality documents. The 100% submittal is the 90% submittal documents with all compliance comments resolved, all others
dispositioned as necessary, and documents approved and issued for acceptance by the City.
Specifications shall be submitted at 30%, 60%, and 90% maturity for City review. The specifications shall include all pertinent information for materials and instructions necessary for the project, understandable and thoroughly developed. The project plans and specifications shall comply with standard specifications and plans for public works construction ( GreenBook; latest edition) 60% specifications submittal shall include a list of intended specification sections ( numbers and titles) and as a minimum, numbers and titles for additional sections to be written. 60% specifications submittal shall portray complete scope of work, have non -applicable sections removed.
QA/C shall be performed for each deliverable. The consultant shall refrain from submitting incomplete work and from submitting irrelevant information on the plans, specifications, and cost estimates. Submittals are deemed complete only after review and acceptance is provided by the City.
The 100% PS& Esubmittal is the 90% submittal documents with all compliance comments resolved, all others dispositioned as necessary, and documents approved and issued for acceptance by the City.
Task 7: Response to Requests for Information ( RFI' s)
Consultant shall respond to bid phase Requests for Information ( RFI' s) while the bid set is out to bid and provide supporting documentation for an addenda. City shall provide Consultant an RFI log with all Contractor questions pertaining to the design and construction of the bid documents.
Consultant to provide responses to RFI' s within three (3) working days of receiving City provided RFI log. Consultant support with the evaluation of submitted bids may also be requested by City.
Design is expected to be completed in a
timely manner. The City is expecting
final plans and specifications to be completed within six ( 6) months of the contract award.
IV. SUBMISSION REQUIREMENTS
Proposals and all other information and documents submitted in response to this RFP are subject to the California Public Records Act, which generally mandates the disclosure of documents in the possession of the City upon the
81: an- tort
request of any person, unless the content of the document falls within a specific exemption category.
Three (3) copies of the Proposal and one (1) copy of the Fee Proposal must be submitted containing the following elements:
Proposers must submit three (3) bound copies of their proposal to the City for review.
8-1/ 2" x11" sheet sizes should be used for the text, with 11" x 17" sheet sizes for any fold -out drawings.
The proposal shall be limited to thirty- five (35) pages, double -sided.
Resumes for proposed personnel will not be counted towards the page limit. Otherwise all other sheets apply.
Proposals should be as concise as possible and specific to this project.
LETTER OF TRANSMITTAL
A Letter of Transmittal shall be addressed to Cesar Rangel, Director of Public Works/ City Engineer, and, at a minimum, must contain the following information:
Identification of the proposing Consultant who will have contractual responsibility with the City. Identification shall include the legal name of the company, corporate address, telephone number, and email address of the contact person identified during the period of proposal evaluation.
A statement representing that the Consultant has thoroughly examined and become familiar with the work required in this RFP and is capable of performing quality work to achieve the objectives of the City.
Acknowledgement of receipt of all addenda, if any.
A statement to the effect that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal.
Signature of the official authorized to bind Consultant to the terms of the proposal.
Signed statement attesting that all information submitted with the proposal is true and correct.
WRITTEN PROPOSAL
The Proposal shall consist of the following sections:
1. Letter of Transmittal. Contents of the Letter of Transmittal listed above.
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2. Firm Structure and History. Including the firm' s experience managing projects similar in magnitude and scope, structure ( organization chart), credentials, background, and ownership of the firm.
3. Key personnel. List qualifications of personnel with resumes and a breakdown of responsibilities. The Firm' s project manager, who will be responsible for planning, coordinating, and conducting the majority of the work, must be identified and committed to the project. The City must approve changes to key personnel committed to work on the project subsequent to award of contract. Resumes must be submitted for key personnel who will be assigned to this project.
4. A narrative briefly describing the proposed approach using general descriptions for the activities.
S. A list of proposed sub -consultants, sub -contractors, suppliers, and manufacturers, including their qualifications pertinent to this project.
6. A client reference list from previous City / Government Agency projects of similar scope and magnitude. List should include key personnel - contacts and their position with the agency.
7. A schedule indicating proposed time and duration for completion of project.
8. Evidence of compliance with City insurance requirements.
9. Exceptions and Deviations. Contractor shall state any exceptions or deviations from the requirements of this RFP, segregating " technical" exceptions from " contractual" exceptions. Where the Consultant wishes to propose alternative approaches to meeting the City' s technical or contractual requirements, these shall be thoroughly explained. If no contractual exceptions are noted, Consultant will be deemed to have no objection to the contract requirements as set forth in EXHIBIT C, "Sample Professional Services Agreement"
10. Proposal Acknowledgement Form. Contractor shall complete and submit EXHIBIT B, "Proposal Acknowledgement Form." Failure to submit this signed form will result in the disqualification of the Consultant' s proposal.
SEPARATE FEE PROPOSAL
Consultant fee schedule included with the submittal but in a separate sealed envelope. The proposal shall include:
a. Total Project Cost Proposal and hourly rate schedule. b. A table indicating the anticipated staff -hours dedicated to perform each of the tasks to complete the project.
Additional information can be found under Section X, "Payment to Consultant," below.
V. SELECTION CRITERIA
Submitted proposals will be evaluated based on the following factors, but may not be limited to just these factors:
Criteria Approximate
Weight
Staffing Capabilities / Technical Competence. Candidates shall have knowledge of the principles and practices of engineering as related to design, construction and
maintenance of public facilities, as well as an understanding 20% of the practices, applicable laws and state permits; codes and standards applicable to public works construction.
Approach to Work. Methodology to be implemented to
address and coordinate the various elements within the
program.
Past Performance Record. Experience in completion of
projects of similar complexity and scale for other agencies within Southern California is desirable. Efficiency and timeliness in completion of program requirements.
Cost. Reasonableness of the firm' sfixed price and or hourly rates, and competitiveness of quoted firm -fixed prices with other proposals received.
Exceptions and deviations from the City' sstandard
Professional Services Agreement.
VI. SELECTION PROCESS
35%
30%
10%
5%
Per California law, the procurement of Professional Services must be selected on the basis of qualifications, or Qualifications Based Selection ( QBS) in accordance with Public Law 92- 582. The procurement of Professional Services can be one- time or multi -year. Professional services contracts have provisions for specific terms, compensation amounts, and scopes of services.
The City reserves the right to require in -person interviews with Consultants, if deemed necessary, after the evaluation of the written proposals. In this case, the Consultants of the three ( 3) highest -scoring written proposals will be invited to interviews prior to final selection of the Consultant.
Each RFP will be reviewed to determine if it meets the submittal requirements contained within this RFP. Failure to meet the requirements for the RFP will be cause for rejection of the proposal. The City may reject any proposal if it is conditional, incomplete, or contains irregularities. The City may waive an immaterial deviation in a proposal, but this shall in no way modify the proposal document or excuse the Consultant from compliance with the contract requirements if the Consultant is awarded the contract.
The successful Consultant to whom work is awarded shall, within ten ( 10) days after being notified, enter into a contract with the City for the work in accordance with the specifications and shall furnish all required documents necessary to enter into said contract. Failure of the successful bidder to execute the contract within the ten ( 10) -day window shall be just cause for the City to contract with the next responsible Consultant.
VII. SUBMISSION DEADLINE
In order to be considered. the Consultant must submit three (3) copies of the Service Proposal. and one (1) copy of the Fee Proposal in a separate, sealed envelope to the following office:
City of Stanton
Public Works & Engineering Department ( Public Counter) 7800 Katella Avenue
Stanton, CA 90680- 3162
Attention: Cesar Rangel, P. E.
The proposal outer envelope shall be labeled:
PROPOSAL FOR DESIGN OF THE
CENTRAL PARK TENNIS COURTS RENOVATION
The proposal must be received at the office listed above no later than the date and time listed on the cover.
There is no expressed or implied obligation for the City to reimburse firms for any expenses incurred in preparing proposals in response to this request.
Materials submitted by respondents are subject to public inspection under the California Public Records Act ( Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or proprietary will be ineffective and disregarded.
The City reserves the right to retain all proposals submitted, and to use any idea in a proposal, regardless of whether the proposal was selected.
Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected firm
All property rights, including publication rights of all reports produced by the selected firm in connection with services performed under this agreement, shall be vested in the City.
VIII. REQUESTS FOR ADDITIONAL INFORMATION
All questions and/ or inquiries regarding this RFP shall be directed to:
Cesar Rangel, P. E.
Director of Public Works/ City Engineer
City of Stanton
7800 Katella Avenue
Stanton, CA 90680- 3162
Email: crangel@StantonCA. gov
All questions and/ or inquiries shall be submitted by Thursday, September 26, 2024. If the City chooses to respond to such inquiries, written responses will be made available through the City' s bidding support platform, bidnet direct https:// www. stantonca. gov/ departments/ public works engineering/ reaue st for proposals and bids/, by Monday, September 30, 2024.
Consultants are responsible to verify receipt of any addenda issued. We are aware some e -mails go to "junk". You may verify all issued addenda by Monday, September 30, 2024, by contacting Cesar Rangel through e- mail. Confirmation of receipt of all addenda is part of the Proposal Acknowledgement Form EXHIBIT B).
IX. TAXES AND LICENSES
All taxes and licenses, including, but not limited to, a Stanton City Business License and appropriate Contractor' slicense, required for this work shall be obtained at the sole expense of the Contractor.
X. PAYMENT TO CONSULTANT
This work is to be performed for a " Not -to -Exceed Fixed Fee." The Consultant shall provide a " Payment Schedule" indicating the fee for individual tasks with a " Not -to -Exceed Fixed Fee" which shall be the sum of all tasks.
Tasks shall include, but not be limited to, all Professional Consultant Services necessary to complete the work covered by this Proposal.
The City will pay the Consultant for work completed as identified in the Payment Schedule.
Progress payments shall be based on tasks performed as identified in the Payment Schedule. Monthly invoices will specifically identify job title, person - hours, and costs incurred by each task.
Sub -categorization of task is permitted to better define the task for payment.
Reimbursement costs such as mileage, printing, telephone, photographs, postage and delivery, are to be included in the " Not -to -Exceed Fixed Fee." All tasks including labor and reimbursable costs such as mileage, printing, telephone, photographs, postage, and delivery shall be supporting documentation presented at the time payment is requested.
The City will pay the Consultant for all acceptable services rendered in accordance with the "Agreement for Professional Consultant Services." When the Consultant is performing, or is requested to perform, work beyond the scope of service in the "Agreement for Professional Consultant Services," an amendment to the agreement will be executed between the City and Consultant.
Payment will be based on hourly rate for work completed associated with each applicable task as identified in the consultant' s
proposal.
XI. INSURANCE
A. The Consultant shall have Commercial General Liability insurance which affords coverage at least as broad as Insurance Services Office occurrence" form CG 0001, with minimum limits of at least $1, 000,00 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits.
B. The Contractor shall have Automobile Insurance for owned and non - owned automotive equipment in the amount of not less than 1, 000,0.
C. The selected firm shall furnish the City a certificate evidencing Workmen' s Compensation Insurance with limits of no less than 1, 000,00 per accident and Comprehensive Professional Liability with limits no less than $ 2. 000,00 per occurrence. The City shall be named as the Additional Insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.
D. A Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:
Solely as respect to services done by or on behalf of the named insured for the City of Stanton, it is agreed that the City of Stanton, the Successor Agency of the City of Stanton, its officers, employees, and agents are all included as additional insured under this general liability policy, and the coverage( s) provided shall be primary insurance and not contributing with any other insurance available to the City of Stanton, its officers and employees, and its agents, under any third -party liability policy."
E. It is the Consultant' sresponsibility to ensure that all sub -consultants comply with the following:
Each sub -consultant that encroaches within the City' s right- ofway and affects ( i.e., damages or impacts) City infrastructure must comply with the liability insurance requirements of the City.
Examples of such sub -consultant work include soil sample borings, utility potholing, etc.
XII. TERMINATION FOR CONVENIENCE OF THE CITY
The City reserves the right to terminate the " Professional Services Agreement" for the " convenience of the City" at any time by giving ten (10) days written notice to the Consultant of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes, and other materials produced and procured by the Consultant under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Consultant within ten ( 10) working days from the date of such termination. The City will reimburse the Consultant for all acceptable work performed as set forth in the executed Agreement.
XIII. INDEPENDENT CONTRACTOR
The
services
Contractor' s
for this
relationship to the City in the performance of the Contractor' s project is that of an independent contractor. The personnel performing said services shall at all times be under the Contractor' sexclusive direction and control and shall be employees of the Contractor, not employees of the City. The Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of said work, and shall be responsible for all employee reports and obligations, including, but not limited to, Social Security, income tax withholding, unemployment compensation, and Workers' Compensation.
XIV. CONTRACT
The Contract includes the Professional Services Agreement, the City' s RFP, the Contractor' sProposal, and Exhibits.
The Political Reform Act and the City' s Conflict of Interest Code require that consultants be considered as potential filers of Statements of Economic Interest Consultants, as defined by Section 18701, may be required to file an Economic Interest Statement ( Form 700) within thirty ( 30) days of signing a Consultant Agreement with the City, on an annual basis thereafter while the contract remains in effect, and within thirty (30) days of completion of the contract.
XV. GENERAL CONDITIONS
Pre -contractual expenses are defined as expenses incurred by the Consultant in: (1) preparing the proposal; ( 2) submitting the proposal to the City; (3) presenting during the selection interview; (4) negotiating with the City on any matter related to the proposal; ( 5) any other expenses incurred by the
Consultant prior to an executed Agreement, and ( 6) attendance of City Council for Award of Contract.
The City shall not, in any event, be liable for any pre -contractual expenses incurred by the Contractor. Services shall not commence until the Agreement for Professional Contractor Services has been executed by the City.
The Contractor is responsible for notifying Underground Service Alert and providing proper traffic control, at no additional expense to the City.
The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection( s). Any contract awarded for these Contractor engagements will be made to the Contractor who, in the opinion of the City, is best qualified.
XVI. PREVAILING WAGES
Certain labor categories under this project are subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et. seq. These labor categories when employed for any work on or in the execution of a " Public Works" project require payment of prevailing wages including but not limited to, testing, potholing and non -design work.
EXHIBIT A
Vicinity Map
STANTON CENTRAL PARK
MAPVICINITY
STANTON CENTRAL PARK - 10660 WESTERN AVE .
EXHIBIT " B"
SCHEDULE OF SERVICES
A- 2
55414. 00000\ 32996936. 2
Central Park Tennis C
ourts
Renovation Project
Stanton, California
ID
1 Task
Information
Name
Gathering and C
onceptual
Phase
2 Regulatory Permitting
3 Town Hall Meetings
4Co mmunity Survey
5Geo technical, Electrical, and Structural
6 FinalPS& E
7 Bidding - Response to RFI' s
r
e
RHA
y
Duration Start Finish Nov' 24 Dec' 24 Jan' 25 Feb' 25 Mar' 4 .9 wks Mon Fri 1/7/ 25 12/6 1/7
12/6/ 24
4 .2 wks Fri 1/7/ 25 Mon 2/ 17/5
4. 3 wks Fri 1/7/ 25 Mon 2/ 17/5
4 .3 wks Fri 1/7/ 25
Mon
2/ 17/5
9 wks Fri 1/7/ 25 Fri 3/ 21/5
10 wks Tue 2/ 18/5
Mon
4/ 28/5
6 wks Tue 4/ 29/5 Mon 6/ 9/ 25
1/7 2/ 17
1/7 2/ 17
1/7 2/ 17
1/7
2118
EXHIBIT " C"
COMPENSATION
C- 1
55414. 00000\ 32996936. 2
Central Park Tennis C
ourts
Fee Proposal 10/ 31/ 2024 RHA
TASK
RHA Landscape ArchitectsPlanners, Inc.
David Beckwith Asss
ociates
Engineering
Geocon Ge
otechnical
Ser
vices
Principal
Project
Manager
Landscape
Designer
Principal
Project
Manager
Staff Pri
ncipal
Project
M
anager
Staff Pri
t
g
rncipal
210 175 150 325 275 135 220 180 150 220
Preliminary
D
Project Managementsign8
Project Kick- off Meeting
2 2
Design Survey
Undergroun8 8 17
d Utility locating 4 8 12
Geotectnical Investigation
8 16 22
Public Feedback/ Research / Site Analysis
8 8
Preliminary Design Development Plans ( 2) 4 32
Presentantions to staff, commissions, & council ( 3) 8 8 Estimate of Costs 1 2
Meetings with City Staff ( 4)
4 4
Subtotal Hours 10 35 46 12 16 29 8 16 22
Subtotal Dollars 2, 100 I $ 6, 125 I $ 6, 900 3, 900 I $ 4,00 I $ 3, 915 1, 760 I $ 2, 880 I $ 3,00 J Expense s 500 0 0
1 TOTAL 15, 625 12, 215 7, 940
Task 2 - Constructio nDocuments
ProjectManage ment 8
DemolitionPlan 1 8
Construction Plan & Details 2 32
Irrigation Plan & Details 2 8
Planting Plan & Details 4 8
Electrical and Lighting Plan & Details
10 Estimate ofCosts at 60%, 90% & 100%1 3
Specifications
6 8
Meetings with City Staff (8)
4 8
Plan Submittals at60% Drawings
2 4
Plan Submittals at 90% Drawings
2 4
Plan Submittals at 100% Drawings
2 4
BiddingSuppo rt
8 Subtotal Hours 34 95 10
Subtotal Dollars I $ 5, 950 I $ 14, 250 I I $ - l is - 2,00 I $ Expenses
500 0 0
TOATOTAL 20, 700 0 0HOL URS 10 69 141 12 16 29 8 16 22 10 TOTAL EXPENSES 1, 000 0 0
TOTAL FEES 2, 100 $ 12, 075 $ 21, 150 3, 900 $ 4,00 $ 3, 915 1, 760 $ 2, 880 $ 3,00 2 ,200 $ DOTOTAL LLARS 36,25 12, 215 7, 940
NORMAL HOURLY RATES 2024
Senior Principal
Principal Landscape Architect
Project Manager
Landscape Designer
Administrative Personnel
240. 00 per hour
210. 00 per hour
175. 00 per hour
150. 00 per hour
80. 00 per hour
REIMBURSABLE ITEMS
Reimbursable items such as the cost of blueprinting, graphic reproduction and plotting will be billed at our direct cost plus 15%. Auto travel will be charged at $ 0. 585 per mile. Where we are able to utilize direct billing to Owner established accounts the " plus 15%" is not applicable.
OVERTIME REQUESTS
It is RHA' s responsibility to schedule the project' scompletion under normal conditions without the use of the staff on an overtime basis. If the owner adjusts the deadline or requests that work be completed earlier than originally scheduled and thus requires overtime, the fees shall be adjusted to cover the increased costs incurred by RHA. The hourly rates for overtime will be one and one- half (1%) times the hourly rates above.
TERMS AND CONDITIONS OF PAYMENT
We will bill on a monthly basis in proportion to the time spent on the project to date. All billing statements are due within 15 days of Engineers receipt of payment from client. Interest will be charged at the rate of 1Y2% per month on the past due balance thirty days and over. RHA shall have the right to stop work should accounts become past due. 6840 INDIANA AVENUE. SUITE 100, RIVERSIDE, CALIFORNIA 92506 951 ) 781- I9; 0 LICENSE # 2799 www. rhala. com
CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 25, 2025
SUBJECT: AWARD OF CONTRACT TO INTEGRATED DEMOLITION AND REMEDIATION, INC. FOR THE 8900 PACIFIC AVENUE DEMOLITION AND ABATEMENT PROJECT AND THE 8911 PACIFIC AVENUE
DEMOLITION AND ABATEMENT PROJECT PURSUANT TO THE
CITY’S HOMELESSNESS STATE OF EMERGENCY AND IN THE
INTEREST OF PUBLIC HEALTH, SAFETY, AND WELFARE IN THE
AMOUNT OF $150,000
REPORT IN BRIEF:
At its meeting of November 26, 2024, the City Council declared a local emergency caused by conditions and threatened conditions of homelessness within the City of Stanton. The Tina Pacific neighborhood has been particularly impacted by the state of emergency, with transients and homeless individuals regularly trespassing and breaking into vacant units. In fact, in recent history there have been three separate instances of fires started by transients and/or homeless individuals in vacant units/garages causing significant damage. In addition, calls for service specifically identified as homelessnessrelated have increased by 162 percent from 2023 to 2024 within the City, and the intensity and severity of complaints from Tina Pacific residents in relation to homelessness-related issues has increased over the last twelve months. Pursuant to the local emergency declaration, and in her capacity as the City’s Director of Emergency Services, the City Manager is requesting authorization to award a contract for demolition for 8900 Pacific Avenue and 8911 Pacific Avenue, which both have a history of being broken into by homeless individuals, to prevent further trespassing and vandalism and to preserve the public health, safety, and welfare of the community.
RECOMMENDED ACTION:
1. City Council declare the work proposed under this scope increase to be categorically exempt under the California Environmental Quality Act (CEQA), Class 1, Section 15301(l)(3); and
2. Authorize staff to exercise an exception to the standard procurement procedures in the best interests of the City to preserve the public health, safety, and welfare of the community; and
Item: 9L
Click here to return to the agenda.
3. Approve an additional allocation of $150,000 from the Housing Authority Fund (#285) Fund Balance to Housing Authority Capital Outlay (Account No. 760100) for an amended total budget of $300,000; and
4. Award a construction contract to Integrated Demolition and Remediation, Inc., to provide professional demolition and abatement services in the amount of $150,000; and
5. Authorize the City Manager/Director of Emergency Services to bind the City of Stanton and Integrated Demolition and Remediation, Inc., in a contract to provide the services; and
6. Authorize the City Manager/Director of Emergency Services to approve contract change orders with Integrated Demolition and Remediation, Inc., as needed and determined by City staff, for any contingencies up to 15% of the contract amount; and
7. Authorize the City Manager/Director of Emergency Services to undertake all predemolition survey work in accordance with South Coast Air Quality Management District requirements within her signing authority.
BACKGROUND:
At its meeting of November 26, 2024, the City Council declared a local emergency caused by conditions and threatened conditions of homelessness within the City of Stanton. Homelessness throughout the City has increased over the past five years, despite the City’s significant efforts to address and combat this issue. The City’s homeless population has exponentially increased since 2019. According to the County’s 2024 Point in Time Count, the City has experienced a 138 percent increase in its unsheltered population from 2019 to 2024, and a 78 percent total increase in its homeless population (including both sheltered and unsheltered individuals). (See https://ceo.ocgov.com/sites/ceo/files/2024-05/2024%20PIT%20Summary%20- %20FINAL%205.16.24.pdf.)
The City’s homeless population ranks as the fifth largest homeless population within the North Service Planning Area (SPA) even though, geographically, it is one of the smallest cities within the area at only 3.1 square miles. Only significantly larger North SPA cities (Anaheim, Fullerton, Buena Park, and Orange) have a higher homeless count. Among all 34 Orange County cities, the City’s homeless population ranks as the 11th largest.
The Tina Pacific neighborhood has been particularly impacted by the state of emergency. Calls for service specifically identified as homelessness-related have increased by 162 percent from 2023 to 2024. In addition, the intensity and severity of complaints from Tina Pacific residents in relation to homelessness-related issues has increased over the last twelve months.
Complaints made to City staff and property management within the last twelve months include:
• Homeless individuals have threatened to set fire to vacant units if residents keep reporting their illegal activities to the City and/or Orange County Sheriff’s Department.
• Homeless individuals have threatened residents with knives and makeshift weapons.
• Homeless individuals have cursed/swore in a threatening manner to residents. • Homeless individuals continuously break into boarded up vacant units. • Homeless individuals have set fires in vacant units and garages that destroyed the structures.
• Homeless individuals have broken into walls in between vacant units. • Homeless individuals have threatened to break into walls shared by occupied units.
• Homeless individuals have left drug paraphernalia inside vacant units and outside in common open areas, including used syringes, “whippet” canisters, used burnt foil, pipes, and prescription bottles with pills inside. • Homeless individuals scream and play loud music at all hours, preventing residents from being able to sleep and rest.
In the last twelve months, approximately 35 documented requests have been made to City staff or property management regarding requests related to homeless individuals trespassing and harassing residents. It is possible that residents in the neighborhood have underreported issues at the site, and the actual number of incidents are higher.
Resident requests are in addition to the proactive efforts of both the property management company’s maintenance staff as well as City Code Enforcement and the Orange County Sheriff’s Department.
Residents and QMG have reported that the vacant units of the 4-plex at 8900 Pacific Avenue and 8911 Pacific Avenue have experienced trespassing by transients despite the City’s and QMG’s numerous attempts to board and secure the 4-plex structure. The following is a sampling of challenges associated with leaving this 4-plex vacant structure standing:
• Property management and City staff have received numerous complaints from residents regarding concerns for their personal safety, after-hours parties, drug sales, and personal assault. Residents state they do not call 911 for fear of retaliation from the transients.
• The City, through QMG, boards the structure each time it is made aware that transients or trespassers have pried boards off of the windows or entryways. • In 2022, under similar circumstances, Community Action Partnership of Orange County staff supported demolition of a vacant unit that was also vulnerable to transient activity.
ANALYSIS/JUSTIFICATION:
The City requires the services of a qualified contractor to demolish and abate the 4-plex buildings located at 8900 Pacific Avenue and 8911 Pacific Avenue and associated garages. The projects consist of demolition and removals, clearing and grubbing, grading and earthwork, and the disposal of materials generated from the demolition/abatement of the building. Staff is recommending the demolition project pursuant to the City’s declared local emergency related to homelessness to preserve and protect the public health, safety, and welfare of the Tina Pacific community.
The City’s Purchasing and Contracting Guidelines allow for exceptions to the standard procurement procedures when it is determined to be in the best interests of the City.
Integrated Demolition and Remediation, Inc., has gained unique expertise in working with partner agencies on behalf of the City, in addition to being one of the most costeffective service providers. All of these efforts continue to support the City’s goal of preserving public health, safety, and welfare in the community. As such, staff is recommending award of contract to Integrated Demolition and Remediation, Inc.
Integrated Demolition and Remediation, Inc. has provided a cost of $150,000 to complete the demolition and abatement projects.
If the proposed contract is approved, Integrated Demolition and Remediation, Inc., would demolish the two 4-plexes and garages after the acquisition of inspection results and required Air Quality Management District (AQMD) permits. The City anticipates that the demolitions will occur within 30-45 days. Written notice will be provided to surrounding tenants prior to the demolition. Until the demolition occurs, the City and QMG will continue its efforts to board up the 4-plex to deter transients and trespassers from trespassing into the unit.
FISCAL IMPACT:
Staff is seeking Council approval for an additional allocation of $150,000 from the Housing Authority Fund (#285) Fund Balance to Housing Authority Capital Outlay (Account No. 760100) for an amended total budget of $300,000 ENVIRONMENTAL IMPACT:
The project has been determined to be categorically exempt under the California Environmental Quality Act (CEQA), Class 1, Section 15301l (3).
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Notifications were performed through normal agenda process.
STRATEGIC GOAL:
Goal 1. Promote a safe community.
Prepared by: Hannah Shin-Heydorn, City Manager/Director of Emergency Services Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager/Director of Emergency Services ATTACHMENT:
A. Draft Short Form Construction Contract Template
8900 & 8911 PACIFIC DEMOLITION PROJECT -1-
SHORT FORM CONSTRUCTION CONTRACT
CITY OF STANTON
SHORT FORM CONSTRUCTION CONTRACT
8900 AND 8911 PACIFIC DEMOLITION 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 Integrated Demolition and Remediation, Inc., a Corporation, with its principal place of business at 421 E. Cerritos Avenue, Anaheim, CA 92805 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing demolition and abatement related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: B, C21, and C22.
2.3 Project. City desires to engage Contractor to render such services for the 8900 & 8911 Pacific Demolition Project (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, PERFORMANCE BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER CERTIFICATIONS as required by the Contract.
3. TERMS
3.1 Compensation and Payment.
3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of One-Hundred Fifty Thousand Dollars ($150,000.00) (“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 Attachment: A
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be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.
3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.2 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Payment and Performance Bonds (Exhibit “E”)
• Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.3 Contractor’s Basic Obligation; Scope of Work.
3.3.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.3.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.
3.3.3 Change Orders. Changes to the Contract Time (as defined in Section
3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
3.3.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.3.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.4 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.5 Period of Performance and Liquidated Damages.
3.5.1 Contractor shall perform and complete all Work under this Contract within 30 days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor.
Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.
3.5.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.
3.9 Labor.
3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
3.10 Performance of Work; Jobsite Obligations.
3.10.1 Water Quality Management and Compliance.
3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1.
Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.10.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.
3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.
3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.
Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.
3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.12 Claims; Government Code Claim Compliance.
3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.12.4.3 Chronology of events and correspondence
3.12.4.4 Analysis of claim merit
3.12.4.5 Analysis of claim cost, including calculations and supporting documents
3.12.4.6 Time impact analysis in CPM format
3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.
3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.
3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.
3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.
The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.12.10 Government Code Claim Procedures.
3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.
3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.
3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.14 Indemnification.
3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.
3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.15 Insurance.
3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.
3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.
Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.
3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.
3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.
3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.
3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.
3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.16 Bond Requirements.
3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.18 Employee/Labor Certifications.
3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.20 General Provisions.
3.20.1 City’s Representative. The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.20.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.20.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.20.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.20.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
INTEGRATED DEMOLITION AND REMEDIATION, INC.
421 E. CERRITOS AVENUE
ANAHEIM, CA 92805
ATTN: JAY GANDHI
CITY:
CITY OF STANTON
7800 KATELLA AVENUE
STANTON, CA 90680
ATTN: PUBLIC WORKS DIRECTOR
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.20.6 Time of Essence. Time is of the essence in the performance of this Contract.
3.20.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.20.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.20.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Orange, State of California.
3.20.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.20.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.20.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.20.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.20.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.
3.20.15 Certification of License.
3.20.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.20.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.20.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.20.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.20.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.20.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page]
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF STANTON
AND INTEGRATED DEMOLITION AND REMEDIATION, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF STANTON
Approved:
By:
HANNAH SHIN-HEYDORN
City Manager
ATTESTED:
By: _______________________________
Patricia Vazquez
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
INTEGRATED DEMOLITION AND
REMEDIATION, INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
8900 & 8911 PACIFIC DEMOLITION PROJECT -26-
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT A
EXHIBIT “A”
SERVICES / SCHEDULE
421 E CERRITOS AVE, ANAHEIM, CA 92805
PHONE: 714-340-3333 • FAX:714-709-4729
CSLB LICENSE #1003504
DIR # 1000023608
Via email: [email protected]
Date: November 06th ,2025
Han Sol Yoo, Civil Engineer
City of Stanton Proposal#IDR2025-308
Project Name: City of Stanton 8900 Pacific Ave - Building Demolition Integrated Demolition and Remediation (“IDR”) respectfully submits the following scope and pricing on the above referenced project for your consideration.
Scope of work includes Scope as listed on Demolition Plans & Specs Demolition @8900 Pacific Ave
-Demolish 1 Story Building including slab
-Demo wooden structure Garage
-Temporary fencing for demolition scope of work
-IDR will pull the demo permit at zero cost
$ 75,000.00
Contract Conditions and Assumptions: This proposal or listed clarifications, conditions and exclusions in this proposal will be included as part of any mutually agreed upon contract ● The proposal is based on Prevailing wages
● This proposal excludes Grading, Hydro seeding, Erosion Control, and SWPPP ● All utility safe-offs by others
Exclusions
Bond, site security, weather protection, liquidated damages, unforeseen conditions, salvage for others, shoring, relocation, bracing, engineering, staking, layout, lagging, underpinning, dewatering, pedestrian barricades, protective covers, off-site work, standby time due to owner/contractor delays, handling asphalt with Petromat fabric or concrete plastic below asphalt, utility rerouting or reconnection, permits, termination of utility accounts; specialty insurance items not listed in this proposal.
421 E CERRITOS AVE, ANAHEIM, CA 92805
PHONE: 714-340-3333 • FAX:714-709-4729
THIS PROPOSAL IS VALID FOR THIRTY (30) DAYS.
Upon commencement of work, this proposal shall become a binding contract between both parties unless or until superseded by a formal, mutually agreed upon contract, at which time this proposal shall become a part of the new contract document.
Please feel free to contact me with any comments or questions on my cell phone 714-483-1534 or email at [email protected].
Regards,
Jay Gandhi
Senior Estimator
421 E CERRITOS AVE, ANAHEIM, CA 92805
PHONE: 714-340-3333 • FAX:714-709-4729
CSLB LICENSE #1003504
DIR # 1000023608
Via email: [email protected]
Date: November 06th ,2025
Han Sol Yoo, Civil Engineer
City of Stanton Proposal#IDR2025-309
Project Name: City of Stanton 8911 Pacific Ave - Building Demolition Integrated Demolition and Remediation (“IDR”) respectfully submits the following scope and pricing on the above referenced project for your consideration.
Scope of work includes Scope as listed on Demolition Plans & Specs Demolition @8911 Pacific Ave
-Demolish 1 Story Building including slab
-Demo wooden structure Garage
-Temporary fencing for demolition scope of work
-IDR will pull the demo permit at zero cost
-Asbestos & Lead Abatement
$ 75,000.00
Contract Conditions and Assumptions: This proposal or listed clarifications, conditions and exclusions in this proposal will be included as part of any mutually agreed upon contract ● The proposal is based on Prevailing wages
● This proposal excludes Grading, Hydro seeding, Erosion Control, and SWPPP ● All utility safe-offs by others
Exclusions
Bond, site security, weather protection, liquidated damages, unforeseen conditions, salvage for others, shoring, relocation, bracing, engineering, staking, layout, lagging, underpinning, dewatering, pedestrian barricades, protective covers, off-site work, standby time due to owner/contractor delays, handling asphalt with Petromat fabric or concrete plastic below asphalt, utility rerouting or reconnection, permits, termination of utility accounts; specialty insurance items not listed in this proposal.
421 E CERRITOS AVE, ANAHEIM, CA 92805
PHONE: 714-340-3333 • FAX:714-709-4729
THIS PROPOSAL IS VALID FOR THIRTY (30) DAYS.
Upon commencement of work, this proposal shall become a binding contract between both parties unless or until superseded by a formal, mutually agreed upon contract, at which time this proposal shall become a part of the new contract document.
Please feel free to contact me with any comments or questions on my cell phone 714-483-1534 or email at [email protected].
Regards,
Jay Gandhi
Senior Estimator
8900 & 8911 PACIFIC DEMOLITION -27-
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT B
EXHIBIT “B”
PLANS AND SPECIFICATIONS
CONTRACTOR SHALL OBTAIN DEMOLITION PERMITS FOR THIS PROJECT 8900 & 8911 PACIFIC DEMOLITION PROJECT -28-
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT D
EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “E” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. 8900 & 8911 PACIFIC DEMOLITION PROJECT -29-
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.
INTEGRATED DEMOLITION AND REMEDIATION, INC.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
8900 & 8911 PACIFIC DEMOLITION PROJECT -30-
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT E
EXHIBIT “E”
PAYMENT AND PERFORMANCE BONDS
8900 & 8911 PACIFIC DEMOLITION PROJECT -31-
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT E
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
8900 & 8911 PACIFIC DEMOLITION PROJECT -32-
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT E
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
8900 & 8911 PACIFIC DEMOLITION PROJECT -33-
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT E
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
8900 & 8911 PACIFIC DEMOLITION PROJECT -34-
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.
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
8900 & 8911 PACIFIC DEMOLITION PROJECT -35-
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 ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining 8900 & 8911 PACIFIC DEMOLITION PROJECT -36-
SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT E
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
8900 & 8911 PACIFIC DEMOLITION PROJECT -37-
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.
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
8900 & 8911 PACIFIC DEMOLITION PROJECT
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SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT E
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 25, 2025
SUBJECT: DECLARATION OF SURPLUS PROPERTY
REPORT IN BRIEF:
Occasionally equipment purchased by the City has outlived its useful life and needs to be sold or otherwise disposed of. In compliance with the City’s Purchasing Policy and Procedures IV-4-12, staff is required to petition the City Manager and City Council to declare property surplus, obsolete, or unusable.
RECOMMENDED ACTION:
1. City Council declare that this action is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) – continuing administrative or maintenance activities, such as purchase for supplies, personnel-related actions, general policy and procedure making; and
2. Declare the equipment listed on Attachment A as surplus; and
3. Direct staff to sell or salvage equipment according to the Administrative Policy IV-4-12:
Purchasing Policy and Procedures.
BACKGROUND:
The City has various items that are currently obsolete and unusable. These items are no longer utilized by the City and are currently being stored at Stanton City Hall.
ANALYSIS/JUSTIFICATION:
The attached list of obsolete equipment is no longer in use and/or useful in the routine operations of the City due to the lack of critical technological components and functionality.
It is recommended that these items be declared as surplus and sent to an auction company to obtain a financial return for these obsolete items.
Item: 9M
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FISCAL IMPACT:
Funds received from the sale or salvage of obsolete equipment listed within Attachment A would be deposited and then recorded as revenue into Account Number 101-0000-437195.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of CEQA, finds that this project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) – continuing administrative or maintenance activities, such as purchase for supplies, personnel-related actions, general policy and procedure making.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Public notification provided through the regular agenda process.
STRATEGIC GOAL:
Goal 4: Ensure fiscal stability.
Prepared by: Patricia A. Vazquez, City Clerk
Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:
A. Surplus Property List
B. Purchasing Policy and Procedures IV-4-12, Page 32 - Disposal of City Property.
Attachment A
Surplus Property List
QUANTITY MAKE MODEL MODEL NUMBER
1 DTEN* DTEN S1 DBA0455EAN
1 DTEN* DTEN ON DBA455
1 DTEN* DTEN ON DBA0455EA
1 DTEN* DTEN ON DBA0455EA
*DTEN Video Conferencing Device (video collaboration monitor) Attachment: A
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CITY OF STANTON
ADMINISTRATIVE POLICY
Number
IV-4-12
Date
01/10/2023
SUBJECT:
PURCHASING POLICY AND PROCEDURES
Authority
City Council
Administrator
Administrative Services
Disposal of City Property:
A. Department Heads shall petition the City Manager and City Council to declare property surplus, obsolete or unusable.
Any property thus classified with resale value shall be advertised for sale by the City Clerk.
Property not deemed to have any resale value shall be disposed of by the Department Head in the manner deemed to be in the best interest of the public and approved by the City Manager.
Department Head shall provide the City Administrative Services Director with a list of all such property disposed of so that they may be removed from the list of City assets.
The City may refuse any or all bids on items offered for sale.
The City may make a finding that a use or disposition of certain City property provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or convenience of the inhabitants of the City, in which case the City Council may authorize purchase, receipt, holding, selling, leasing, conveying, and other disposition of real and personal property for the benefit of the City, whether the property is within or without the City’s corporate boundaries, and under the terms of such a finding is not obligated to sell such property at bid but may improve, protect, and do any other thing in relation to this property that an individual could do.
Attachment: B
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CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 25, 2025
SUBJECT: APPROVAL OF FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. TO PROVIDE ON CALL
SERVICES RELATED TO BUILDING AND SAFETY SERVICES
REPORT IN BRIEF:
At its meeting of November 8, 2022, the City Council awarded a contract to CSG Consultants, Inc. to provide on-call building and plan check services. The three-year contract, expiring on December 30, 2025, provides for two optional one-year extensions.
The proposed First Amendment presented for the Council’s consideration exercises the first of the one-year extensions, extending the term of the Agreement to December 30, 2026, and increases the compensation based on consultant’s adjusted rates under Section
3.3.1 of the amended Agreement.
RECOMMENDED ACTION:
1. City Council find that the recommended actions are exempt from CEQA per Section15378(b)(5) which excludes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and
2. Approve the First Amendment to the Professional Services Agreement with CSG Consultants, Inc. and allow the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with CSG Consultants, Inc.
BACKGROUND:
The City requires the services of qualified professionals to provide Building and Safety services including on-call, plan checking, inspection and Building Official Services. The City has experienced a high volume of development and construction activity in recent years.
On-call building and plan check services are crucial to successfully provide plan checks and inspections for all new projects and future developments.
Item: 9N
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ANALYSIS/JUSTIFICATION:
Staff continue to be satisfied with CSG Consultants, Inc., on-call Building and Safety services. The City has contracted with CSG Consultants, Inc. since December 2022 and they have ensured that all construction and grading projects are in compliance with Building Codes, energy conservation standards, and accessibility regulations adopted by the State of California, as well as all local policies and ordinances. If approved by the City Council, the First Amendment would extend the contract term through December 30, 2026. The consultants’ rates were adjusted to reflect changes in the Consumer Price Index (CPI).
Exhibit “B” under the First Amendment to Professional Services Agreement provides the latest updated Fee Schedule with new rates.
FISCAL IMPACT:
Funding for professional on-call services will continue to be budgeted under the current Fiscal Year 2025-26 Community and Economic Development Department operating budget by a percentage of the permit and plan check fees collected by the development applications received. The inspection and Building Official services are also funded with the revenue collected by building permit fees.
ENVIRONMENTAL IMPACT:
The recommended actions are exempt from CEQA per Section 15378(b)(5) which excludes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
LEGAL REVIEW:
The City Attorney has reviewed the First Amendment as to form.
STRATEGIC GOAL:
Goal 3: Provide quality infrastructure.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: Crystal Landavazo, Director of Community and Economic Development Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:
A. First Amendment to Professional Services Agreement
B. Original Agreement
55414.00000\42193541.1
B-1
CITY OF STANTON
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR ON CALL SERVICES
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement for Environmental Consulting Services (“First Amendment”) is entered into on the 25th day of November, 2025, by and between the City of Stanton (“City”) and CSG Consultants, Inc., a California corporation (“Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Professional On Call Services dated November 8, 2022 (“Agreement”).
2.2 First Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the compensation under the Agreement.
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
“The term of this Agreement shall be from December 30, 2025, to December 30, 2026, with the ability for one additional one-year extension (December 30, 2027) unless completed earlier or terminated as provided herein. Consultant shall complete Services within the term of this Agreement and shall meet any other established schedules and deadlines. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year term at the same annual Agreement price.”
3.2 Compensation. Section 3.3.1. of the Agreement is hereby amended in its entirety to read as follows:
“Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under the amended Agreement on the tasks set forth in Exhibit “A” and at the updated rates set forth in Exhibit “B” attached hereto and incorporated herein by reference.”
3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment on this ___ day of __________, 2025.
Attachment: A
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55414.00000\42193541.1
B-2
CITY OF STANTON CSG CONSULTANTS, INC.
By:
Hannah Shin-Heydorn
City Manager
By:
Name:
Title:
ATTEST:
By:
Patricia A. Vazquez
City Clerk
By:
Name:
Title:
APPROVED AS TO FORM: [If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary or
Treasure REQUIRED]
By:
Best Best & Krieger LLP
City Attorney
55414.00000\42193541.1
B-3
EXHIBIT “A”
SCOPE OF SERVICES
55414.00000\42193541.1
B-4
55414.00000\42193541.1
B-5
55414.00000\42193541.1
B-6
55414.00000\42193541.1
B-7
55414.00000\42193541.1
B-8
55414.00000\42193541.1
B-9
EXHIBIT “B”
COMPENSATION
CITY OF STANTON
PROFESSIONAL SERVICES AGREEA4ENT
FOR
ON CALL SERVICES
1, PARTIES AND DATE.
This Agreement is made and entered into this 8' day of November, 2022 by and between the City of Stanton, a municipal organization orgatffzed under ffie laws of the State of California with its principal place of business at 7800 Katena Avenue, Stanton, California 90680 ("City"), and CSG Consultants, Inc., a California corporation headquartered in Foster City, California with its local place of business at 550 Pilgrim Drive, Foster City, California94404 ("Consultant"). City and Consultant are sometimes individualiy refetzd to herein as "Party" and collectively as "Parties,"
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional on call services as required by the City on ttie terms and conditions set forth in this Agreement.
Consultantrepresentsthatit is experienced inprovidingthese services topublic clients, is licensed in the State of California, and is familiar wiithe plans ofCity.
2.2 Project.
City desires to engage; Consultant to render such services for the various building, public works, and other servi as mutually agreed to (='Project") as set fortti in this Agreement.
3. TERMS.
3.1 Scope of Seces and Term.
3.1.1 GeneralScopeofServices.Consultantpromisesandagreestofutishtothe City all labor, materials, tools, eqttipment, semoes, and incidental and custommay work necessary to fully and adequately supply the professional on call senriees necessary for the Project ("Services'!). The Services are more particularly described in Exhibit 'GA" attached hereto and incorporated herein by reference. All Services shall be subject to, and pdormed in accordance with, this Agreement, the exhibits attached hereto mid incorporated herein by reference, and al} applicable local, state and federal laws, ndes and regtdations. 312 Term. The term of this Agreement shall be from December 1, 2022 to Deeeruber30,2025, withtheabi!ityfortwo,additionaloneyearextensions(December30,2027) unless completed earlier or terminated as provided herein. Consultant shall complete the Services withinthe term oftbis Agreement and shall meet any other established schedules and deadlines. 1 Attachment: B
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32 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; mdependent Contractor. The Services shall be performed by Consultant orunder its supervision. Congultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on mi independent contractor basis and not as m employee.
Consultant shall complete, execute, atid submit to City a Request for Taxpayer Identification Number and Certification @S ForrnW-9)prior to oommencennent of any Servicesunderthis A@eement. Consultantretainstheright to performsimilar or differentservicesfor otjxersduring the tertn of this A@eetnent. Any additional persomielperforming the Servicesunder this Agreement on behalf of Congultant shall also not be employees of City atid shall at all times be under Congultant's exclusive direction and control. Consultant shail pay all wages, salaries, and other amounts due such persomiel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax witbholding, unemployment insurance, disability insurance, and workers= compensation ln81ffanCe.
3.2.2 Schedule of SenThces.Consultant shall perform the Services timely, within the termofthis Agreement, and in accordance with the Scope of Senrices set forth in Exhibit "A" attached hereto and incorporated herein by reference- Consultant represents that it has the professiorial and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance-wiffi the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schee of anticipatedperformance to meet the Schedule of Services. 3,2,3 Conformance to Applicable Req.uirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Persomiel. Consultant has represented to City that certainkeypersomelwill perform and coordinate the Set'vices underthis Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence uponwritten approval of City. In theeventthat City and Consultant cannot agree as tottie substitution ofkeypersonnel, City shall be entitled to teminate this Agreementfor cause. As discussed below, any personnei who fail orrefuse to perform the Services in a manner acceptable to the City, or who are detemiined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shal} be promptly removed from the Project by the Consultant atthe request ofthe City3.2.5 City'sRepresentative.TheCityherebydesignatestheCityManager,orhis or her designee, to act as its representative for the perfornnance of this Agreement (c'City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Jennifer A. Lffley, ANCP, Community and EeonomcDevelopmentDirector, orhis orherdesignee, as the City's contact for the implementation of UheSetv"ces hereunder. Consultant shall not accept direction or orders from anyperson otherthan the City's Representative or his or her designee.
3.2.6 Consultant=s Representative. Consultant hereby designates Khoa Duong, Vice President Btulding Department or his or her designee, to act as its rep:resentative for the -2-
perfortnanceofthisAgreement('&Consultant'sRepresentative"). Congultant'sRepresentativeshall have full auiority to represent and act on behalf of the Consultant for all purpom under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his professional skiil and attention, and shall be responsible for alI means, methods, techniques, sequences, and procedures. and for ie satisfactory coordination of all portions of ffie Services under this Agreement.
3.2.7 Coordination of Services, Consultant agrees to work closely with City staff in the performmice of Services and shall be available to City's staff, consultants, and other staff at all reasonable times3.2.8 StandardofCare;PerformanxofEmployees.Congultmitshallperformall Services under this Agreement in a skillful and competent manner, consistent with ttie standards generally recognized as being employed by professionals in the same discipline in the State of California. Consuitant represents and maintains that it is skilled in the professional calling necessarytoperfortnffieServices. Consultantacknowledgesthatallemployeesandsubconsultants shall have sufficient sl61l and experience to perfomi the Services assigned to them. Finally, Consultant repres,ents mat it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever naire that are legally required to perform the Services and that such licenses mid approvals shall be maintined throughout the term of tis Agreement.
As provided for in the indemnificationprovisions of this Agreement, Consultant shall perform, at its own cost arid expense and without reimbursement fmm the City, any services necessary to correct ermrs or omissions which are caused by the Consultant's failure to comply with tbe standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is detetmined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion ofthe Project, athtat to the safety of persons orproperty, or any employee who fails or refuses to perform ffie Semces in a manner acceptable to the City, shall be promptly removed from the Project by ie Comultmit and shall not be re-employed to perform any ofthe Services or to work on the Project.
3.2.9 Laws and Regulajions. Congultant shall keep itself reasonably informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requiretnents, and shall give all notices requiredby law. Consultantshall beliable forall violations of such laws and regulations in connection with Services. Jf the Consultant performs any work knowing it to be contrary to such laws, rules, and regulations and without giving writtennotice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuantto ttie indemnificationprovisiong ofttffls Agreement, fromanyclaim or liability atising out of any failure to comply with such laws, rules orregulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence work underthis Agreement until it has provided evidence satisfactory to the City that it has secured all insurmice required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract untii it has provided evidence satisfactory to the City ffiatthe subcomultant has secured all insurance required under tis section. -3-
3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be perfornned hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, suppiement or endorse the policies to do so.
(a) Coercial General Liabiiity: Commercial General Liability Insurance which affords ooverage at least as broad as Ins'gance Services Office "occurrence" form CG 0001, with minimum limits of at }east $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to thelimits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cmsg liability exclusion for claims orsuits by one mured against another; or (3) contain any other exclusion contrary to the Agreement, (b) Automobile Liability Insumce: Automobile Liability hisurance with coverage at least as broad as hisurance Services Office Form CA 0001 covemg "Any Auto" (Symbol l) with minimwi limits of $1,000,000 each accident.
(c) Professional Liability: Pmfessional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affectthe work to be performed (for example, any exclusions relating to iead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years tmm teration or expiration of this Agreement.
(d) Workers' Compensation: Workers' Compensation msurance, as required by the State of Califomia and Employer's Liability Insurance with a }imit of not less thari $1,000,000 per accident for bodily injury and disease3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) ThepolicyorpoliciesofinsurancerequiredbySection3.2.10,2(a) Commercial General Liability shall be endorsed to provide the -4-
following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of theAgreement.
Additional Insured Endorsements shall not (l) be restricted to "ongoing operations"; (2) exclude "contractual liability'5. (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shali not be canceled until athirty (30) day written notice ofcancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) Thepo}icyorpoliciesofinsurancerequiredbySection3,2.10.2(b) Automobile Liability and' (c) Professional Liabiiity shall be endorsed to provide the foUowing:
(l) Cancellation: Required ingurance policies shall not be canceled until athirty (30) daywritten notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium,
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers' Compensation shall be endorsedto pmvide the following:
(1) WaiverofSubrogation:Awaiverofsubrogationstatingthat the insurer waives all rights of subrogation against the indemnifiedparties.
(2) Canceilation: Required insurance policies shall not be canceleduntil atbirty(30) daywrittennoticeofcancellation has been servedupon die City except ten (10) days shali be allowed for non-payment of premium.
3.2.10.4 Primary and Non-Contributing Insurance. Commercia] General Liability andAutomobile Liability insurance coverages shall be p and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primaty insurance. Policies shall contain or be endorsed to contain suchpmvisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shali waive all subrogation rights againgt the indemnified parties. Policies shali contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductibie or self-insured retention must be -5-
approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Consultant, concurrently wiUh the executionofthe Agreement, and as a conditionprecedentto the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates midendorsementson forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind covee on its behalf. At least fifteen (15 days) prior to the expiration of any such pohcy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed wii the City. If such covet'age is cancelled, Consuitant shall, within ten (10) days air receipt of written notice of such cancellation, file with the City evidence of insurance showing that the required insurancehas beenreinstated or has been provided through anotherinsurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunderduting suchperiod oftime astherequiredinsut'ance coverage is not ineffectandevidenceofinsurancehasnotbeerifurnishedtotheCity. TheCityshallhavetheright to witbhold any payment due Consultant until Consultant has fully complied with the ffiurance provisions of this Agreement.
In the event ffiat the Consultant's operations are suspended for failure to maintain required insuranz coverage, the Consuitant sill not be entitled to an extension of time forcomp}etion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each' such policy shall be from a company or companies with a currentA.M. Best's rating of no less than A:VII and authorized to do business in the State of California, orotherwise allowedto place insurance through surplus line brokers under applicable pmvisions of the California Insurance Code or any federallaw.
3.2.10.IO Insurance for Subconsultants. All Subconsultants shall be included as additional ins under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase ie appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies.
3.2.10.11 Liability of Consultant. To the extent petted by law, Consultant's total aggp:,gk, liability shall be limited to $500,000 orthecompensation received by Consultant, whichever is greater.
3.2.11 . Consultant shall execute and maintain its work so as to avoid injury or damage to any penon orproperty. hi carrying out its Setvices, the Consultant shall at all times be in compIianz with all applicable local, state and federal laws, mes and regulations, and shall exerciseallnecessmyprecautionsforthesdetyofemployees appropriatetothenatureofthework and the conditions underwhich theworkis to beperformed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instnuctions in accident prevention for all employees and subconsultants, such as safewalkways, scaffolds, fallprotectionladders, bridges, gangplanks, confinedspaceprocedures, trenching and shoring, equipment andodier safety devices, equipment an4wearing apparel asare -6-
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shalI receive compensation, inclu auffiorized reimbursements, for all Services rendered under this Agreement based on the tasks provided in Exhibit "A" and at:the rates set forth in Exhibit "B" attached 'hereto and incorpotted herein by reference.
3.3.2 Payment of Compensation.
Congultant shall submit to City a montbly itemized statement wMch indicates work completedand hours of Senrices rendered by Consultant. The statement shall describe the amount of Services and supplies pmvided since the initiaI commencement date, or since the start of the subsequent billingperiods, as appropriate, througti the date ofthe statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. All payments by me City will be made by electronic funds transfer (EFI). Consultant will provide the Citywith its bank ABAnumber, accountnumberand designation ofthe accountto which guch EFi' shall be made. Consultant will be responsible for notifying the City when Consultant's EFT information changes. Payments shali be forthe invoiced amount, withno retention.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time duting the term of this Agreement, City may requestthatConsultantperformBxtraWork.Asusedherei4 "BxtraWork"meansanyworkwhich is determined by City to be necessary for the proper compldion of the Project, but which the Partiesdid not reasonablyanticipatewould be necessaryat the executionof this A@eement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization firom the City.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seql, and 1770, et seq., as well as Califomia Code of Regulations, Title8, Section 16000,etseq., ("PrevailingWageLaws"),whichrequirethepaymentofprevailing wage rates and the performance of other requirements on "public works" and "msintenqnra" projects. If the Services maebeing performed as part of an applicable 45ublic works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencmnent of this Agreement. Consultant shalI make copies of the prevailing rates of per diemwages foreach craft, classification ortype ofworkerneededto execute the Services available to interested parties upon request, and shall post copies at ttie Consultant's pfficipal place of business and at the project site. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees and agents free and harmless from any ckaim or Iiability arising out of any negligent failure to comply with ttie Prevaiiirig WageLaws.
3.4 Accounting Records.
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3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses ined under this Agreement. All such records shail be clearly identifiable. Consultant shall allow arepresentative of City duringnormal business hours to examine, audit, and make transcripts or copies of such reoords and any other docunnents createdpursuantto thisAgreement. Consultant shafl allowinspectionof allwork, data, documents, proceedings, and activities related to the Agreement for a period of three (3) yearsfrom the dateof final paymentunderthis A@eement.
3.5 General Provisions.
3.5,1 TerminationofAgreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, tmminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such tation, and specifying the effective date thereof, at least seven (7) days before the effective date of such tennination. Upon termination, Consultant shall be compensated only for those semces which have been adequately rendered to City, and Consultant shakl be entitled to no further compensation. Consultant may not terminate this Agzment except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Doctunents and Data and other information of any kind prepared by Consultant in connection with the perfoz of Services underthis Agreement. ConguItant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 AdditionalServices.hitheeventthisAgreementistetaminatedin whofe or in part as pmvided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similarto those teated.
3.5.2 DeliveryofNotices.Al1noticespemffttedorrequiredunderthisAgizment shall be given to ttie respective parties at the following address, or at such other address as the respective pgties may provide in writing forthispurpose:
Congultant:
CSG Consultants, hic.
550 Pilgrim Drive
Foster City, CA 94404
Attn: Cyrus Kianpour, President
EmaiI: [email protected]
CC:
CSG Consultants, Inc.
3707 W. Garden Grove Blvd., Suite 100
Orange, CA 92868
-8-
Attn: Khoa Duong, Vice President
City:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Jennifer A. Lilley, AICP,
Community and Economic Development Director
Such notice shall be deemed made when personaily delivered orwhen mailed, fom(-eight (48) hours after deposit in the tr.s. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the met'hod of service.
3.5.3 0wnership of Materials and Confidentiality.
3.5.3.i Documents & Data; Licensing of Intellectual Pmperty. This Agreement creates a non-exclusive and perpetual licetise for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetica}ly or otherwise recorded on computer diskettes, which are prepared or caused to be preparedby Consultmit undertffi Agreement (4'Documents & Data'5). Consultant shall require all subcongultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultmnt represents and warrants that Consultant has the }egal right to license any and all Documents & Data.
Consultantmakesno suchrepresentationandwgranty inregardto Documents &Datawhichwere preparedbydesignprofessionalsotherthanConsu'itantorprovidedtoConsultantbythe City. City shall not be limited in any way in its use of ttie Documents and Data at any time, provided that any suchuse notwittiin the purposes intended by this Agreement shall be at City's sole risk. Any modifications made by the City or any agents of the City to any of the Consultant's documents or any partial use orreuse of the documents without the express written consent of the Consultmit will be at the City's sole risk andwithout liability to the Consultant.
3.5.3.2 ConfidentiaIity. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computerprogram data, inputrecorddata, writteninformation, and ottierDocuments andData either created by or provided to Consultant in comiection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than tbe performance of the Services. Nor shall such materials be &closed to any person or entity not connected widi the petaformance of ttie Services or the Project. Nothing fumisbed to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industty shall be deemed confidential. Consultarit shall not use City's nmne or insignia, photographs of ttie Project, or ariy publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, televisionor radio production orothersimilarrnedium without the prior written consent of City.
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3.5.3.3 Confidential Information. The City shall refirain from releasing Consultant's proprietmay information ("Proprietary Information') unless the City's legal counsel determines that the release of the Proprietary hxformation is required by the California Public Records Act or other applicable state or fedetal law, or order of a court of competent jurisdiction, in wich case the City shail notify Consultant of its intention to release Proprietmy Information.
Consultant shali have five (5) working days afierreceiptofdieReleaseNotice to give Citywtitten notice of Consultant's objection to the City's release of Proprietaty Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against allliabihty, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Info:imation. City shall not release the ProprietaryInformationafterreceiptoftheObjectionNoticeunless either:
(1) Congultant fails to fully indemnify, defend (with counsel reasonably acceptable to the City) and hold City hamiless from any legal action brougtit to compel such release; and/or (2) a final and non- appedable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Furttier Acts. The Parties shall fully cooperate with one another and shail take any additional acts or sign any additional documents as may be necessary, appmpriateorconvenienttoattainiepurposesofthisAgteement. a
3.5.5 Attorney'sFees.Ifeitherpartycornmencesanactioriagainsttheotherparty, either Iegal, 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 Uie losing party reasonable attorney's fees and all other costs of suchaetion.
3.5.6 Trirlsmni&atmn
To thefullestextentpermittedbylaw, Consultantshall defend(withcounsel reasonably acceptable to the City) indemnify and'hold the city, its officials, officers, employees, volunteers andagents free andharmless from any and all claims, demands, causes of action costs, expenses, liability, LAGS, damage or injuty, in law or equity, to property or persons, including wrongful death, to the extent arising out of, perta:g to, orrelating to the negligent acts errors or omissions, or willf"ul misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection wii The performance of the Consultant's services, the project or this agreement, including without limitation the paynnent of all damages, expert witness feesand attorney's fees and otherrelafed cogts and expenses. Consultant's obligationtoindemnify shall not be restricted to itigurance proceeds, if any, reoeived by the consultant or the city, its officials, officers, employees, agents or volunteers.
IfCongultant's obligationto defend, indemnify, and/orholdharmless arises out of Consultant's performance as a "design pmfessiotial" (as that term is defined under Civil Code section 2782.8), then, mid only to the extent required by Civii Code section 2782,8, wich is fully incorporated hetein, Consultant's indemni&atinn nh1igation shall be limitedto claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtag a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, includingthe costto defend, shallnot exceedthe Consultant's proportionatepercentage offault.
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3,5,7 Entire Agreement. This Agreement contains the entire Agreement of the parties vith respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by awriting signed by both parties.
3.5.8 GovemngLaw.ThisAgreementshallbegovemedbythelawsoftheState of California. Venue shaIl be in Orange County.
3.5.9 TimeofEssence.Timeisoftheessenceforeachandeveryprovisionofthis Agreement. In no event shall Consultant be responsible for delays caused by events beyond its reasonable control, incIuding those caused by the City, ffiird parties, pandemic or acts ofGod.
3.6 City's Right to Employ Other Consultants. City reserves right to employ other consuitants in connection w'th this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of me parties.
3.8 AssignmentorTransfer.Consultaritshallnotassign,hypothecate,ortransfer,eiflier directly or by operation of law, this Agreement or any interest herein without the prior written consent of ffie City whose consent shali not be unreasonably withheld. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecafion or ttwsfer. 3,9 Consttauction; References, Captions. Since the Parties or dieir agents have participated fully in the preparation of this Agreement, the language of Agreement shall be constnued simply, according to its fairmeaning, andnot strictly fororagainst any Party. Any term referencingtime, days orpmiod forperformanceshall be deemedcalendar days gidnotworkdays.
All references to Consultmit include ail personnel, employees, agents, and subcongultants of Consultm'it, except as othee specified in tbis Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease ofreference only, m'id do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3,10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by bothParties. 3,11 . No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given orperformed by aParty shall give the other Party any contractual rights by custom, estoppel, or othese.
3.12 NoThird-PartyBeneficimies. Therearenointendedthird-partybeneficiariesof anyright or obligation assutned by the Parties.
3.13 Invalidity:Severabi]ity.TfanyportionofthisAgreementisdeclaredinvalid,illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and cffect.
11 3,14 prohibited Interestp. Consultant maintains and acknowledges that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant acknowledges that it has notpaid norhas it agreed to pay any companyor person, otherthan a bonafide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this aclaiowledgment City shall have the right to rescind this Agreement without liability. For the term ofthis Agreement, no member, officer, or employee of City, during the tem of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Qpportunity Employment. Consultant represents that it is an equal opportuity employer, and it shall not discnate against any subconsultmit, employee or applicant for employment because ofrace, reUgion, color, national origin, handicap, ancestty, sex or age. Such non-discrimination shall inciude, but not be Iimited to, d activities related to initial employment, up@aading, demotion, transfer, recnfftment or recruitment advertising, layoff, or termination. Consultant shall also complywith all relevant provisions of City's Minority Business Enteyrise program, Affirmative Action Plan or other related pmgrams or guidelines cutrently in effect or hereinafter enacted.
3.16 LaborCertificmon.Bvitssignahereunder,Congultantcertifiesthatitisaware 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 accordmice witti the provisions of that Code and agt to comply with such pmvisions before commencingtheperformanoe ofthe Services.
3.17 Authoritv to Eniera Agreerrlqt. Consultant has All requisite power and authority to conduct its business and to execute, deliver, andperform the Agreennent. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and auiority to make this Agreement and bind each respective Party.
3.18 Comtetparts. This Agreement may be signed in munterparts, each of which shall constitute an original.
3.19 DeclarationofPoliticalContributions.Consultantshall,throughoutthetemofthis Agreement, submit to City m annual statement in writing declamg any political mntributions of money, in-kind semces, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant's employees, including any employee(s) that Consultantintends to assignto perform the Senices describedin this Agreement.
3.20 Subcontracting.
3.20,1 Prior Approval Required. ConsuItant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontt'acts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
12 -
IN WITNESS WHEREOF, the parties have executed this Pmfessional Services Agreementonthis 7"dayofJune2022
CITY OF STANTON
By; Hannah Shin-Heydom
City Manager
ATTEST:
o
AP AS TO
By:, Best Best & Krieger LLP
City Attorney
[INSER OF CONSULTANT]
[If Corporation, TWO SIGNATURES,
President OR' Vice President AND Secretmy,
AND CORPORATE SEAL OF
CONSULTANT RBQUIREDI
Bye, NourdinKhayata
Segetary
13 -
E)a-IIBIT " A"
SCOPEOFSERVICES
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BulLDiNG OFFJCIAL SERVICES
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TRANSITION PLAN
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P'mfesskanalQualffications mti
TEAM & OR43AN12AT10NAL STRUCTURE
CSG@Op*jgj the fbffloWlngstaffand orga*ational skruetiir* €ot on-site and of-siteservlcei for this emu'rack.KhW Due% PEWill Sa've AStide slngl*pelgit oF'contaa for the clty andi hi tonjunttlon wlth the dO$lete €j buildlngoffldai, mjl allocate appropriate le'velsofplan r*vkw m'tdIhgpection T€tM5urCBand Milk ensure that weirk {seempretienslvas aautate, and mhti the cuy'.5deadJines. flesurnesfor our proposad teaffl rnember"i are prmiideti on the following pagesfor the Ciky'srevtewand consmargLion.No m6camtffianfi wfffk iueeloathh contm#.
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EXHIBIT "B"
COMPENSATION
Cost Proposaj
FEE S(,HEDuLE
Ppopasra to aii CITY OF Svsonos
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CITY OF STANTON
REPORT TO THE STANTON HOUSING AUTHORITY
TO: Honorable Chairman and Members of the Authority Board DATE: November 25, 2025
SUBJECT: LOW AND MODERATE INCOME HOUSING ASSET FUND ANNUAL REPORT FOR FISCAL YEAR 2024-2025 (HOUSING AUTHORITY)
REPORT IN BRIEF:
The attached Low and Moderate Income Housing Asset Fund Annual Report for Fiscal Year 2024-2025 is being presented for consideration as required by State Law.
RECOMMENDED ACTION:
1. Authority Board declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3); and
2. Receive and file the Annual Progress Report.
BACKGROUND:
Section 34176.1(f) of the California Health and Safety Code requires the Stanton Housing Authority, as Housing Successor, to conduct an independent financial audit of the Low and Moderate Income Housing Asset Fund (LMIHAF) within six months of the end of the Fiscal Year (FY).
ANALYSIS/JUSTIFICATION:
The FY 2024-2025 LMIHAF Annual Report is organized into thirteen different sections detailing housing assets and activity as required by Dissolution Law, including but not limited to:
• Amount of loan repayment
• Amount deposited into the fund
• Ending balance
• Description of expenditures
• Book value of assets owned by the Housing Successor
1 Item: 9O
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The financial statements of the Housing Successor are reviewed in conjunction with the City’s annual audit.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of the CEQA, this project has been determined to be exempt under Section 15061(b)(3), as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing 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.
LEGAL REVIEW:
None.
STRATEGIC GOAL:
Goal 5: Maintain and promote a responsive, high-quality and transparent government.
PUBLIC NOTIFICATION:
Through the regular agenda posting process.
Prepared by: Crystal Landavazo, Community & Economic Development Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:
A. Housing Successor Annual Report for Low and Moderate Income Housing Asset Fund for Fiscal Year 2024-2025
HOUSING SUCCESSOR ANNUAL REPORT FOR LOW- AND MODERATE-INCOME HOUSING ASSET FUND FISCAL YEAR 2024-25
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)
STANTON HOUSING AUTHORITY
This Housing Successor Annual Report (Report) regarding the Low- and Moderate-Income Housing Asset Fund (LMIHAF), has been prepared pursuant to California Health and Safety Code (HSC) Section 34176.1(f). This Report sets forth certain details of the Stanton Housing Authority (Housing Successor) activities during Fiscal Year 2024-2025 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor as required by Part 1.85, Division 24 of the HSC, in particular sections 34176 and 34176.1 (Dissolution Law).
The following Report is based upon information prepared by City staff on behalf of the Housing Successor.
The financial statements of the Housing Successor are audited in conjunction with the City’s annual audit.
This Report is organized into Sections I through XIII pursuant to Section 34176.1(f) of the Dissolution Law:
I. Amount of Loan Repayment Transferred to the LMIHAF: Twenty percent of any loan repayment must be deducted from the loan repayment amount and be transferred to the LMIHAF.
II. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from other amounts deposited.
III. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from other amounts deposited with Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from other amounts deposited.
IV. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized.
V. Book Value of Assets Owned by Housing Successor: This section provides the book value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.
VI. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous fiscal years, including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF funds will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees, or special needs housing.
Attachment: A
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VII. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.
VIII. Status of Compliance with Section 33334.16: This section reports the status of compliance with Section 33334.16 for interests in real property that were acquired by the former redevelopment agency prior to February 1, 2012.
IX. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that were outstanding as of February 1, 2012, along with the Housing Successor’s progress in meeting those prior obligations of the former redevelopment agency, and the Housing Successor’s plans to meet any unmet obligations.
X. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by each specified income restriction for a five-year period beginning January 1, 2014, and whether certain statutory thresholds have been met. Reporting of this Income Test is not required until 2019. The first five-year period for reporting this information is included in this Report.
XI. Senior Housing Test: This section provides the percentage of deed-restricted rental housing units restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency and its host jurisdiction within the same 10- year time period.
XII. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the housing successor’s plan for eliminating the excess surplus.
XIII. Inventory of Homeownership Units: This section provides a summary of covenanted homeownership units assisted by the former redevelopment agency or the housing successor that include equity sharing and repayment provisions, including: (A) number of units; (B) number of units lost to the portfolio in the last Fiscal Year and the reason for those losses, (C) any funds returned to the housing successor pursuant to losses or repayments, and (D) identify contracts for the management of housing units.
This Report is to be provided to Housing Authority and its governing body, the City Council, in accordance with the Dissolution Law and the HAL. In addition, this Report will be posted and made available to the public on the City’s website at:
https://www.stantonca.gov/departments/community_development/housing_program.php and thereafter appended to the City’s annual update report prepared under Section 65400 of the Government Code.
I. Amount of Loan Repayment Transferred to the LMIHAF: A total of $0 was repaid to the Rehabilitation Loan Program for the Fiscal Year
II. Amount deposited into LMIHAF: A total of $870,684 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited in to the LMIHAF, $0.00 were held for items listed on the ROPS.
III. Ending Balance of the LMIHAF: At the close of the Fiscal Year, the ending balance in the LMIHAF was $3,05,597 of which $0.00 were held for items listed on the ROPs.
Description of Expenditures from LMIHAF: The following is a description of expenditures from the LMIHAF by category:
2024-25
Monitoring & Administration Expenditures:
Housing Administration $ 159,878
Operation and Maintenance of
Affordable Housing 2,671,203
Total $ 2,831,081
Homeless Prevention and Rapid Rehousing
Services Expenditures:
Homeless Outreach Services $ 37,660
Rapid Rehousing Services 189,857
Total $ 227,516
Housing Development Expenditures:
Expenditures on Low Income Units 0
Expenditures on Very-Low Income Units 0
Expenditures on Extremely-Low Income Units 0
Total Housing Development Expenditures $ 0
Total LMIHAF Expenditures in Fiscal Year $ 3,058,597
IV. Statutory Value of Assets Owned by Housing Successor: Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former Redevelopment Agency as listed on the Housing Asset Transfer Schedule (HATS) approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Authority, as Housing Successor, pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Authority, as housing successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.
The following provides the Book Value of assets owned by the Housing Authority, as housing successor.
As of End of FY
Book Value of Real Property Owned by Housing Authority $19,217,156 Value of Loans and Grants Receivable $928,000
Total Value of Housing Successor Assets $20,145,156
V. Description of Transfers: The Housing Authority, as housing successor, made 0 LMIHAF transfers to other housing successors under Section 34176.1(c)(2) during the Fiscal Year.
VI. Project Descriptions: The Housing Authority as housing successor, is not owed nor holds property tax revenue pursuant to the ROPS for any project during the Fiscal Year or at June 30, 2025.
VII. Status of Compliance with Section 33334.16: With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time period described in Section 33334.16 is deemed to have commenced on the date that the Department of Finance (DOF) approved the property as a housing asset for the LMIHAF. Thus, as to any real property acquired by the former Redevelopment Agency that is now held by the Housing Successor in its LMIHAF, the Housing Successor must initiate development activities consistent with the purpose for which the property was acquired within five years of the date that the DOF approved such property to be a housing asset. The following provides a status update on the properties that were acquired prior to and after February 1, 2012:
Date
Acquired
Address Status of Housing Successor Activity
6/28/2011
6/14/2011
8930, 8940, 8950, 8960, and
8970 Tina Way: and 8831,
8841, 8851, 8870, 8910, 8920
and 8970 Pacific Avenue
8890 Tina Way: and 8861,
8871, 8881, 8891, 8901, 8911,
8930, 8940, 8941, 8880, 8940,
8950, 8951Pacific Avenue
Part of Tina-Pacific neighborhood proposed
multifamily project (see Section IX). The
Stanton Housing Authority approved a
deadline extension for these properties on
April 10, 2018. The City entered a Disposition
and Development agreement for these
properties on September 25, 2018. On
August 11, 2020, the Stanton Housing
Authority suspended two separate but
related Disposition and Development
Agreements with Related/Tina Pacific I
2/20/2012 8931 Pacific Avenue
Development Co., LLC and Related/Tina
Pacific II Development Co., LLC – both of
which pertained to several improved and
unimproved parcels of property on Tina
Way and Pacific Avenue. On October 27,
2020, the City and Authority declared these
properties surplus land pursuant to
Government Code Section 54220 to market
and sell the properties and apply the
proceeds of any and all sales to other
affordable housing projects in the City.
In January 2021 we received a Letter of
Intention from three firms and entered into
good faith negotiations with Related
Development Co, Brandywine Homes, and
Volunteers of America. The City is working to
select a firm to complete the rehabilitation
and redevelopment of the Tina Pacific
Neighborhood. In March of 2021, the City
demolished a City-owned unhabitable
apartment structure comprised of 4 units in
the Tina/Pacific neighborhood. The City
anticipates replacing these units as part of
the redevelopment effort for the
neighborhood. On December 14, 2021, the
City Council approved an Exclusive
Negotiation Agreement (ENA) with
Brandywine Acquisitions Group, C&C
Development Co. and National Community
Renaissance of California regarding the TinaPacific Neighborhood. On January 24, 2023, City Council and the Housing Authority Board
approved a final extension of 180 days to
allow the completion of project negotiations.
As of May 21, 2024 the City Council has voted
to terminate the ENA.
The City has an ongoing commitment to this
project and worked with tenants to
consolidate them into renovated units. The
City and tenants work together for relocation
into renovated units when possible. The
vacated structures have been assessed and
demolished in preparation for the future
project.
The City had been served with a lawsuit on
April 6, 2023 and received a determination in
its favor on February 5, 2025. After the court
decision, the City began preparation of an
RFP that it planned to release in Summer
2025 to continue pursuing a new multifamily
development with affordable housing units.
However, the City was served with a notice of
appeal in Spring 2025 which has delayed the
release of an RFP until after the matter has
been resolved.
6/28/2011 7455 Katella Avenue The property was sold to KB Homes on October 22, 2019, for $810,000. An
application submitted by KB Homes was
approved to build 36 residential
condominium units on a vacant lot. The
project construction was completed,
Certificates of Occupancy were issued and
are now occupied.
VIII. Description of Outstanding Obligations under Section 33413: Prior to dissolution, the Stanton Redevelopment Agency purchased twenty-five (25) properties in the Tina/Pacific neighborhood utilizing the Low- and Moderate-Income Housing Fund. The Agency relocated residents from 6 of the properties to renovated units and subsequently demolished the buildings. In total, eightyfive (85) residential units have been removed. The City continues its efforts by renovating the remaining units and consolidating tenants to these updated accommodations.
The City has been working to redevelop the Tina-Pacific neighborhood with new multifamily development including affordable housing units. In March of 2021, the City demolished a Cityowned unhabitable apartment structure comprised of 4 units in the Tina/Pacific neighborhood and anticipates replacing these units as part of the ongoing redevelopment effort. On December 14, 2021, the City Council approved an Exclusive Negotiation Agreement (ENA) with Brandywine Acquisitions Group, C&C Development Co. and National Community Renaissance of California regarding the Tina-Pacific Neighborhood. On January 24, 2023, the City Council/Housing Authority Board approved a final extension of 180 days to allow for the completion of project negotiations and presentation of a finalized draft of the DDA and Purchase and Sale Agreement to the Council.
As of May 21, 2024 the City Council has voted to terminate the ENA. The City had been served with a lawsuit on April 6, 2023 and received a determination in its favor on February 5, 2025. After the court decision, the City began preparation of an RFP that it planned to release in Summer 2025 to continue pursuing a new multifamily development with affordable housing units.
Unfortunately, the City was served with a notice of appeal in Spring 2025 which has delayed the release of an RFP until after the matter has been resolved.
IX. Income Test: Section 34176.1(a)(3)(B) requires that the Housing Authority, as housing successor, post-dissolution to ensure that at least 30% of the funds in the LMIHAF are expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. The term “development” under this section is defined as: “new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code.” If the Housing Authority, as housing successor, were to fail to comply with the Extremely-Low Income requirement in any five year report, then as housing successor it must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest Fiscal Year following the report on households earning 30% or less of the AMI until the Housing Authority, as housing successor, demonstrates compliance with the Extremely-Low Income requirement.
The Homekey Program Permanent Supportive Housing Projects have completed construction and are fully operational. As required per the Regulatory Agreements, an Income Certification Form used to confirm that the tenants are qualified households, whose income does not exceed 30% of the Area Median Family Income. Additionally, the City reserves the right to request and obtain file all Income Certification Forms completed by applicants for occupancy of the Affordable Units and by Qualified Households that occupied or are occupying Affordable Units.
X. Senior Housing Test: The Housing Authority, as housing successor, is to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the housing successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the housing successor, the former redevelopment agency and/or City within the same time period. If this percentage were to exceed 50%, then as the housing successor it cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Authority, as housing successor, or the City assists, and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.
Neither the former redevelopment agency nor the Housing Authority, as housing successor, provided financial assistance for development of senior housing within the past ten-year period.
Further, no such activity has occurred through this Fiscal Year of 2024-25.
XI. Excess Surplus Test: Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successor’s preceding four fiscal years, whichever is greater.
June 30, 2025
Total Housing Authority Liabilities and Fund Balance $ 8,166,579 Less: Bond Proceeds $ -
Available Fund Balance $ 8,166,579
Less Unavailable Amounts:
Loans Receivable 928,000
Available Housing Successor Funds 7,238,579
Limitation calculation
Aggregate amount deposited
for last four years:
FY 2024/2025 $ 870,684
FY 2023/2024 $ 1,134,547
FY 2022/2023 936,606
FY 2021/2022 1,541,743
Total $ 4,483,579
Base Limitation $ 1,000,000
Greater amount of $1,000,000 or
sum of four years deposits 4,483,579
Computed Excess/Surplus $ 2,755,000
XII. Inventory of Homeownership Units: This section provides an inventory of homeownership units assisted by the Former Agency and that are administered by the Housing Authority, as housing successor, which units are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low- and Moderate-Income Housing Fund per Section 33334.3(f).
Number of units assisted by the former
redevelopment agency
0 Number of units lost to the portfolio before
February 1, 2012
0 Number of units lost to the portfolio from
February 1, 2012 to June 30, 2020
0 Reason for Loss N/A
Funds returned to Housing Successor 0
Contracted with outside entity for
management
Yes - Tina-Pacific Neighborhood Property
Management
Name of outside entity Quality Management Group
CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 25, 2025
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA APPROVING SUBDIVISION PARCEL MAP NO. 2022-152 REPORT IN BRIEF:
The subdivision parcel map for the development of four detached single-family dwelling units located at 7082 Kermore Lane has been submitted by the developer for final certification and recordation.
RECOMMENDED ACTION:
1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 3, Section 15303 (New Construction or Conversion of Small Structures); and
2. Adopt Resolution No. 2025-36 approving final Parcel Map No. 2022-152, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION PARCEL MAP NO. 2022-152 FOR THE PROPERTY LOCATED AT 7082 KERMORE LANE”; and
3. Find that the recordation of Parcel Map No. 2022-152 will not be in violation of any of the provisions of Section 66474, 66474.1, and 66474.2 of the Subdivision Map Act; and
4. Find 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. Authorize the Mayor to execute the Subdivision Improvement Agreement for Parcel Map No. 2022-152; and
Item: 9P
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6. Direct 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 Parcel Map; and
7. Direct the City Clerk to endorse on the face of the map of the Parcel Map, the certificate which embodies the approval of said map, and submit the map to the County Recorder of Orange County for recording.
BACKGROUND:
On August 3, 2022, the Planning Commission of the City of Stanton adopted Tentative Parcel Map No. 2022-152 and Site Plan and Design Review No. SPDR-813 for development of four detached single-family dwelling units located at 7082 Kermore Lane.
As a condition of approval of the project, a final parcel map must be completed, reviewed, and approved by the City Council. The final map has been reviewed and found to be in compliance with the City’s general plan and zoning land use designations.
ANALYSIS AND JUSTIFICATION:
Recording of the final parcel map is required per Section 66426 of the Subdivision Map Act. The City Engineer has reviewed the subdivision Parcel Map No. 2022-152 and all associated documentation, and he is satisfied that the final parcel map substantially complies with the Site Plan and Design Review No. SPDR-813.
Orange County Public Works has also reviewed Parcel Map No. 2022-152 and has certified the technical correctness of the Map and its compliance with the provisions of the Subdivision Map Act.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of the California Environmental Quality Act (CEQA), this project has been determined to be categorically exempt under Section 15303, Class 3 (New Construction or Conversion of Small Structures).
PUBLIC NOTIFICATION:
Public notification provided through the regular agenda process.
LEGAL REVIEW:
The City Attorney’s Office has reviewed the Subdivision Improvement Agreement.
STRATEGIC GOAL:
Goal 5: Maintain and promote a responsive, high-quality and transparent government.
Prepared by: Han Sol Yoo, P.E., Civil Engineer
Reviewed by: Cesar Rangel, P.E., Public Works Director/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:
A. Resolution No. 2025-36
B. Final Parcel Map No. 2022-152
C. Subdivision Improvement Agreement
RESOLUTION NO. 2025-36
RESOLUTION NO. 2025-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION PARCEL MAP NO. 2022-152 FOR THE PROPERTY LOCATED AT 7082 KERMORE LANE
WHEREAS, on August 3, 2022, the Planning Commission of the City of Stanton adopted Tentative Parcel Map No. TPM 2022-152, Site Plan and Design Review No.
SPDR-813 for development of four detached single-family dwelling units located at 7082 Kermore Lane; and
WHEREAS, all necessary documentation associated with this subdivision has been reviewed by the City Engineer; and
WHEREAS, the final map is substantially in compliance with the previously approved Tentative Parcel Map No. TPM 2022-152; and
WHEREAS, the City Council has made the finding that none of the conditions for mandatory denial exist relative to the proposed subdivision, in accordance with Section 66474, 66474.1 and 66474.2 of the Subdivision Map Act; and WHEREAS, the City Council 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 WHEREAS, the City Council finds that final Parcel Map No. 2022-152 satisfies the provisions of the Subdivision Map Act, Stanton Municipal Code and the Conditions of Approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
That the City Council of the City of Stanton, California, hereby approves final Parcel Map No. 2022-152.
ADOPTED, SIGNED AND APPROVED this 25th day of November, 2025.
DAVID J. SHAWVER, MAYOR
Attachment: A
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RESOLUTION NO. 2025-36
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. 2025-36 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 25, 2025, and that the same was adopted, signed and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
24028.M06
3RD CHECK
10/21/2025
Attachment: B
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
ATTN: City Clerk
(Exempt from Filing Fees - Govt Code § 27383)
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SUBDIVISION IMPROVEMENT AGREEMENT
FOR COMPLETION OFPUBLIC IMPROVEMENTS
PARCEL MAP NO. 2022-152
between
THE CITY OF STANTON
a California municipal corporation
and
KERMORE ESTATES III, LLC
BBK: December 2022
Attachment: C
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2 BBK: December 2022
SUBDIVISION IMPROVEMENT AGREEMENT
FORCOMPLETIONOFPUBLICIMPROVEMENTS
PARCEL MAP NO. [2022-152]
This Subdivision Improvement Agreement for the Completion of Public Improvements (“Agreement”), effective , 20 , is between the City of Stanton, a California municipal corporation (“City”) and Kermore Estates III, LLC, an [] individual, [ ] partnership or [ ] corporation, with its principal office located at 801 N. Bush Street, Santa Ana, CA 92701 (“Developer”). City and Developer are sometimes individually referred to as “Party” and collectively as the “Parties.”
RECITALS.
A. On March 21, 2021, Developer submitted to City an application for approval of a tentative parcel map for real property located within City, a legal description of which is attached hereto as Exhibit A (“Property”). The tentative parcel map was prepared on behalf of Developer by Ty E. Thomas, and is identified in City records as PARCEL MAP NO. [2022- 152] (“PARCEL MAP NO. [2022-152]”).
B. Developer’s application for a tentative parcel map for PARCEL MAP NO. [2022-152] was deemed complete on July 21, 2022. On August 3, 2022, the Stanton Planning Commission conditionally approved Developer’s application for a tentative parcel map for PARCEL MAP NO. [2022-152].
C. Developer is the owner of the Property, and Developer proposes to do and perform certain work of improvement thereon as set forth in this Agreement.
D. Developer has not completed all of the work or made all of the public improvements required by Chapter 19 of the Stanton Municipal Code, the Subdivision Map Act (Government Code sections 66410, et seq.) (“Map Act”), the conditions of approval for PARCEL MAP NO. 2022-152 or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
E. In accordance with Chapter 19 of the Stanton Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for PARCEL MAP NO. [2022-152].
F. Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final map for PARCEL MAP NO. [2022-152]. 3 BBK: December 2022
TERMS AND CONDITIONS
1. Effectiveness. This Agreement taking effect is a necessary condition that must be satisfied before the final map for PARCEL MAP NO. [2022-152]may be recorded. This Agreement only takes effect when each of the following conditions is satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder’s Office of the County of Orange; (c) the City Council of the City of Stanton (“City Council”) approves the final map for PARCEL MAP NO. [2022-152]; and (d) Developer has satisfied all other conditions of the tentative map for PARCEL MAP NO. [2022-152].
2. Definitions. For purposes of interpreting and enforcing this Agreement, the term “City” includes, but is not be limited to, the City Council, City Engineer, Director of Community Development, Building Official, and any of their authorized representatives. City has absolute discretion to determine which public body, public official or public employee may act on behalf of City for any particular purpose.
3. Public Improvements.
3.1 Scope and Cost.
(A) Developer will construct or cause to be constructed at its own cost, expense, and liability all improvements required by City as part of the approval of PARCEL MAP NO. [2022-152] including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications that have been prepared by or on behalf of Developer for PARCEL MAP NO. [2022-152] (“Public Improvements”). The Public Improvements are more specifically described in Exhibit B, which is attached hereto and incorporated herein by this reference. (B) Construction of the Public Improvements includes all transitions and other incidental work deemed by City to be necessary for drainage or public safety.
(C) Developer is responsible for the replacement, relocation, or removal of any component of any utility system or public improvement that is in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal must be performed to the complete satisfaction of the City Engineer and the owner of such utility system or public improvement.
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(D) Developer will provide all equipment, tools, materials, labor, tests, design work, and engineering services that are required by City to complete the Public Improvements.
3.2 Prior Partial Construction of Public Improvements. If any Public Improvement has been partially completed prior to the execution of this Agreement, Developer will complete the Public Improvement and all others or assure their completion in accordance with this Agreement.
3.3 Permits; Notices; Utility Statements. Before commencing any work, Developer must, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer will conduct the work in full compliance with the regulations, rules, and other requirements contained in each permit or license issued to Developer.
3.4 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates, and bonds for such Public Improvement have been submitted to and approved by the City Engineer and the City Attorney or their authorized designees.
Approval by the City Engineer does not relieve Developer from ensuring that all Public Improvements conform to all other requirements and standards set forth in this Agreement.
3.5 Quality of Work; Compliance with Laws and Codes. The construction plans and specifications for the Public Improvements must be prepared in accordance with all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements must be completed in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as with all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable when the work is actually commenced.
3.6 Standard of Performance. Developer and its contractors, if any, will perform all work required to construct the Public Improvements under this Agreement 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. Developer represents and warrants that it or its contractors is skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors have sufficient skill and experience to perform the work assigned to them and that they have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and 5 BBK: December 2022
that such licenses, permits, qualifications and approvals are and will be maintained throughout the term of this Agreement.
3.7 Alterations to Improvements. The Public Improvements in Exhibit B are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work must be done and improvements made and completed as shown on approved plans and specifications and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer will undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
3.8 Superintendence by Developer.
(A) Developer will require each contractor and subcontractor to have a competent foreperson on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Public Improvements. Before starting work on the Public Improvements, each contractor and subcontractor must submit in writing the name of the proposed foreperson. Each foreperson must be present at the work site at all times that any work is in progress and at any time that any employee of the contractor or subcontractor is present at the work site. Should a contractor or subcontractor desire to change its foreperson, it must provide the information specified to City.
(B) Developer will, at all times, enforce strict discipline and good order among its employees and those of its subcontractors and will not employ any unfit person or anyone not skilled in the assigned task. If any person employed by a contractor or subcontractor fails or refuses to carry out the directions of City or appears to City, in its sole and absolute discretion, to be incompetent or to act in a disorderly or improper manner, such person must be removed from the project immediately upon request by City, and such person may not again be employed on the work. Such removal may not be the basis for any claim of compensation or damage against City. (C) In addition, Developer will maintain an office with a telephone, and Developer or a person authorized to make decisions and to act on Developer’s behalf in Developer’s absence will be available to be on the job within three hours of being called at such office by City, during the hours of 9:00 a.m. through 5:00 p.m., Monday through Friday, or any other 6 BBK: December 2022
day or time when work is being performed on the Public Improvements.
Developer will also provide City with a telephone number at which Developer, or its representative, will be available 24 hours a day in the event of an emergency.
4. Maintenance of Public Improvements and Landscaping.
4.1 City is not responsible or liable for the maintenance, condition, or care of the Public Improvements until City approves and accepts them. City will exercise no control over the Public Improvements until accepted.
4.2 Any use by any person of the Public Improvements, or any portion thereof, is at the sole and exclusive risk of Developer at all times prior to City’s acceptance of the Public Improvements.
4.3 Developer will maintain all the Public Improvements in a state of good repair until:
they are completed by Developer; approved and accepted by City; and the security for the performance of this Agreement is released.
4.4 Maintenance includes, but is not limited to,
(A) repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers;
(B) maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City;
(C) removal of debris from sewers and storm drains; and (D) sweeping, repairing, and maintaining in good and safe condition all streets and street improvements.
4.5 Developer will cause the sweeping of streets to occur weekly at a minimum.
Developer will perform additional street sweeping work as necessary depending on construction activities or as required by, and at the direction of, the City Engineer.
4.6 It is Developer’s responsibility to initiate all maintenance work, but if it fails to do so, it will promptly perform such maintenance work when notified to do so by City.
4.7 If Developer fails to properly prosecute its maintenance obligation under this Agreement, City may do all work necessary for such maintenance and the cost thereof is the responsibility of Developer and its surety under this Agreement. City is not responsible or liable for any damages or injury of any nature in any way 7 BBK: December 2022
related to or caused by the Public Improvements or their condition prior to acceptance.
5. Construction Schedule.
5.1 Strict Timeline.
(A) Unless the time for performance is extended in accordance with this section of this Agreement, Developer will complete or have completed the Public Improvements in accordance with the schedule and timeline required by the conditions of approval to PARCEL MAP NO. [2022-152].
(B) At least 15 days before commencing such work, Developer will notify the City Engineer in writing of the date fixed by Developer for commencement of the work.
5.2 Extensions.
(A) City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. (B) It is understood that by providing the security required under section 14 below, Developer and its surety consent in advance to any extension of time that may be given by City to Developer and each waive all right to notice of such extension.
(C) Developer’s acceptance of an extension of time granted by City constitutes a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder.
(D) In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.
5.3 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof does not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements. 8 BBK: December 2022
6. Grading.
6.1 All grading done or to be done in conjunction with construction of the Public Improvements or development of PARCEL MAP NO. [2022-152] must conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, City’s grading regulations, the National Pollutant Discharge Elimination Systems (NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Control Boards.
6.2 In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading must be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement and prior to City’s approval and acceptance of the Public Improvements and release of the Security asset forth in section 14 below. For clarity, the indemnification obligations in section 17 below extend to and include all grading under this Agreement, including but not limited to, all partial and rough grading work.
7. Utilities. Developer will provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within PARCEL MAP NO. [2022-152] in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer will also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities must be installed underground, unless otherwise approved by the City Council or the Planning Commission of the City of Stanton, or by any other state or federal laws or regulations.
8. Fees and Charges. Developer will , at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, report review, engineering, inspection, testing, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to PARCEL MAP NO. [2022-152]
9. City Inspection of Public Improvements. Developer will, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.
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10. Default; Notice; Remedies.
10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand on Developer or its surety, or both, to immediately remedy the default or violation (“Notice”).
10.2 Commencement of Remedy. Developer will substantially commence the work required to remedy the default or violation within ten days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer will substantially commence the required work within 24 hours thereof. Immediately upon City’s issuance of the Notice, Developer and its surety are liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in section 11 below.
10.3 Failure to Remedy; City Action.
(A) If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, or conduct such remedial activity as in itssole and absolute discretion it believes is required to remedy the default or violation.
(B) All such work or remedial activity is at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety.
(C) City’s right to take such actions is in no way limited by the fact that Developer or its surety might have constructed any or none of the required or agreed upon Public Improvements at the time of City’s demand for performance.
(D) If City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.
10.4 Other Remedies. No action taken by City under this section 10 prevents City from exercising any other right or pursuing any other legal or equitable remedy available to City under this Agreement or any federal, state, or local law. City may exercise 10 BBK: December 2022
its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. By way of example, City may institute an action for damages, injunctive relief, or specific performance.
11. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety are jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
12. Acceptance of Improvements; As-Built or Record Drawings.
12.1 Acceptance.
(A) If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council may accept the Public Improvements. (B) Issuance by City of occupancy permits for any buildings or structures located on the Property does not constitute City acceptance or approval of any Public Improvement.
(C) The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements before all of the Public Improvements are completed, but early acceptance of a fully completed portion does not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.
(D) Notwithstanding paragraph 12.1(C) above, if PARCEL MAP NO. [2022- 152] was approved and recorded as a single-phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City.
(E) Upon the total or partial acceptance of the Public Improvements by City, Developer will file with the Recorder’s Office of the County of Orange, a notice of completion for the accepted Public Improvements, at which time the accepted Public Improvements become the sole and exclusive property of City without payment therefor.
12.2 As-Built Drawings. Notwithstanding the foregoing, City may not accept any Public Improvement until Developer provides one set of “as-built” or record 11 BBK: December 2022
drawings or plans to the City Engineer for all such Public Improvements. The drawings must be certified and must reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
13. Reserved.
14. Security; Surety Bonds. Prior to execution of this Agreement, Developer will provide City with surety bonds in the amounts and under the terms set forth below (“Security”).
Developer may submit Security in a form other than bonds as allowed under California Government Code Section 66499 et seq. and Chapter 19 of the Stanton Municipal Code, which alternative Security may be accepted or rejected by the City Council in its sole and absolute discretion. The amount of the Security must be based on the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer will adjust the Security in the amount requested by City. Developer’s compliance with this section 14 in no way limits or modifies Developer’sindemnification obligations undersection 17 below.
14.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in section 10 above, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer will provide to City a faithful performance bond in the amount of $47,881.00, which sum may be not less than 100 percent of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, as provided under section 14 above, provided that Developer is not in default on any provision of this Agreement or condition of approval for PARCEL MAP NO. [2022-152], and the total remaining security is not less than 25 percent of the Estimated Costs. All security provided under this section will be released at the end of the Warranty period, or any extension thereof as provided in section 14.3 below, provided that Developer is not in default on any provision of this Agreement or condition of approval for PARCEL MAP NO. [2022-152].
14.2 Labor and Material Bond. To secure payment to the contractors, subcontractors, laborers, material suppliers, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer will provideCity a labor and materials bond in the amount of $47,881.00, which sum may not be less than 100 percent of the Estimated Costs. The security provided under this section may be released by written authorization of the City 12 BBK: December 2022
Engineer after one year or within the time limits established in California Government Code section 66499.7 from the date that City accepts the final Public Improvements at the discretion of City. The amount of the security that is released must be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to 20 percent of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.
14.3 Guarantee and Warranty Bond.
(A) Developer hereby guarantees and warrants all Public Improvements against any defective work or labor done or defective materials furnished in the performance of this Agreement, including the maintenance of all public landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer will repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty are at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvement that is repaired, replaced, or reconstructed during the Warranty, Developer and its surety extend the Warranty for an additional one-year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein relieves Developer from any other liability that it might have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this Section survives the expiration or termination of this Agreement.
(B) Prior to execution of this Agreement, Developer will provide City with an irrevocable guarantee and warranty bond or cash deposit in the amount of $47,881.00, and warrant the Work, for a period of one year following its completion and acceptance, against any defective work or labor done or defective materials furnished, as required by California Government Code section 66499.3, subdivision (d). Any unused portion of the guarantee and warranty security will be released one year after acceptance of the required improvements by the City Council.
14.4 Additional Requirements. The surety for any surety bonds provided as Security must have a current A.M. Best’s rating of no less than A:VIII and be authorized to 13 BBK: December 2022
do business in the State of California and otherwise be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer or its surety will secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its surety must each stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements in any way affects its obligation on the Security.
14.5 Evidence and Incorporation of Security. Evidence of the Security must be provided on the forms set forth in Exhibit C, unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security must be attached to Exhibit C. They are then incorporated herein by this reference.
15. Monument Security. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for PARCEL MAP NO. [2022-152] in compliance with the applicable provisions of City’s Code (“Subdivision Monuments”), Developer will furnish to City a bond in the amount of TWO THOUSAND DOLLARS, which sum may not be less than 100 percent of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said bond may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer and City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, provided that Developer is not in default of any provision of this Agreement or condition of approval for PARCEL MAP NO. [2022-152].
16. Lien. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to sections 14 and 15 above, Developer hereby creates in favor of City a lien against all portions of the Property that are not dedicated to City or to some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to sections 14 and 15 above, City will first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
17. Indemnification.
17.1 Developer will defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct 14 BBK: December 2022
of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement.
17.2 This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, that is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction.
Developer’s obligation to indemnify survives the expiration or termination of this Agreement, and is not restricted to insurance proceeds, if any, that are received by Agency, its elected officials, officers, employees, agents or volunteers.
18. Insurance.
18.1 Types; Amounts. Developer will procure and maintain, and will require its contractors and subcontractors to procure and maintain, during construction of any Public Improvement under this Agreement, insurance of the types and in the amounts described below (“Required Insurance”), without limiting the indemnity provisions of this Agreement. If any of the Required Insurance contains a general aggregate limit, such insurance must apply separately to this Agreement or be no less than three times the specified occurrence limit. For purposes of this section 18, the “indemnified parties” mean City, its elected officials, officers, employees, agents and volunteers, as described in section 17 above. The Required Insurance must contain standard separation of insureds provisions. It must contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents and volunteers.
(A) Commercial General Liability. Developer, its contractors and subcontractors must procure and maintain Commercial General Liability Insurance that affords coverage at least as broad as the latest version of Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $5,000,000 per occurrence, and if written with an aggregate, the aggregate must be double the per occurrence limit. Defense costs must be paid in addition to the limits. The policy must contain no endorsement or provision limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third-party action over claims; (4) cross-liability exclusion for claims or suits by one insured against another; or (5) explosion, collapse or underground hazard (XCU). 15 BBK: December 2022
(B) Automobile Liability. Developer, its contractors and subcontractors must procure and maintain automobile liability insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident. Such insurance must include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. If Developer does not own any company vehicles and if requested by City, this requirement may be satisfied by providing a non-owned auto endorsement to the Commercial General Liability policy.
(C) Workers’ Compensation. Developer, its contractors and subcontractors must procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers’ Liability Insurance of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability. If applicable to this Agreement and required by City, for any consultant or other professional who will engineer or design the Public Improvements, professional liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence must be procured and maintained for a period of three years following completion of the Public Improvements and must specifically include all work to be performed under the Agreement. If coverage is written on a claims-made basis, the retroactive date must precede the effective date of the initial Agreement and continuous coverage must be maintained or an extended reporting period will be exercised for a period of at least three years from termination of this Agreement.
(E) Contractors Pollution Liability.
(1) If applicable to this Agreement and required by City, Developer must procure Contractors Pollution Liability Insurance covering all of Developer’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy must contain no endorsement or provision that limits contractual liability or coverage for cross-liability of claims or suits by one insured against another. Non-owned disposal site coverage must be 16 BBK: December 2022
provided if handling, storing or generating hazardous materials or any material or substance otherwise regulated under environmental laws or regulations.
(2) For projects involving transportation of hazardous waste or materials, the policy must include coverage for loading or unloading from the project site to final disposal locations, and all disposal locations must be scheduled as non-owned disposal sites. (3) If coverage is written on a claims-made basis, the retroactive date must precede the effective date of the initial Agreement and continuous coverage must be maintained or an extended reporting period will be exercised for a period of at least three years from termination or expiration of this Agreement.
18.2 Deductibles. Any deductible or self-insured retention must be approved by City in writing and must protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
18.3 Certificates; Verification. Developer and its contractors and subcontractors must furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City prior to the execution of this Agreement and before work under this Agreement may begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
18.4 Insurer Rating. Unless approved in writing by City, all Required Insurance must be placed with insurers with a current A.M. Best rating of at least A:VIII, who are authorized to do businessin the State of California, and who are satisfactory to City.
18.5 Endorsements.
(A) The policy or policies of insurance required by section 18.1(A) (Commercial General Liability), section 18.1(B) (Automobile Liability) and section 18.1(E) (Contractors Pollution Liability), if the latter is required by City, must include the following endorsements:
(1) Additional Insured: The indemnified parties must be additional insureds with regard to liability and defense of suits or claims arising out of the performance of this Agreement. The “Additional Insured 17 BBK: December 2022
Endorsement” must be on a form similar to Insurance Services Office’s Endorsement form CG 2010 and must contain no other modifications to the policy.
(2) Primary Insurance: This insurance must be primary, and any other insurance, deductible, or self-insurance that might be maintained by the indemnified parties does not contribute with this primary insurance.
(3) Severability: If any insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy must cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance are not increased thereby.
(4) Cancellation: The policy may not be canceled nor the coverage suspended, voided, reduced or allowed to expire until a 30-day prior written notice of cancellation has been served on City, except that 10-day prior written notice is allowed for non-payment of premium. (5) Duties: Coverage provided to the indemnified parties must not be affected by a failure by the named insured to comply with reporting provisions of the policy or by any breach or violation of a warranty. (6) Applicability: The coverage provided therein must apply to the obligations assumed by Developer, its contractors or subcontractors under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage. (B) The policy or policies of insurance required by section 18.1(C) (Workers’ Compensation) must include the following endorsements:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: The policy may not be canceled or the coverage suspended, voided, reduced or allowed to expire until a 30-day prior written notice of cancellation has been served on City, except that 10-day prior written notice is allowed for non-payment of premium. (C) The policy or policies of insurance required by section 18.1(D) (Professional Liability), if required by City, must include the following 18 BBK: December 2022
endorsement: “Cancellation: The policy may not be canceled or the coverage suspended, voided, reduced or allowed to expire until a 30-day prior written notice of cancellation has been served on City, except that 10- day prior written notice is allowed for non-payment of premium.”
19. Signs and Advertising. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal is at the expense of Developer and its surety. Developer and its surety will indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
20. Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, nor any map related to PARCEL MAP NO. [2022-152], nor any other related entitlement, permit, or approval issued by City for the Property operates to create the relationship of partnership, joint venture, or agency between City and Developer.
Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein makes Developer, its contractors or subcontractors an agent, contractor or subcontractor of City.
21. General Provisions.
21.1 Authority to Enter Agreement. Each Party warrants that the individual or individuals who have signed this Agreement on that Party’s behalf have the legal power, right, and authority make this Agreement and bind that Party. Each individual signing represents and warrants that that individual is duly authorized and has the legal power and right to make this Agreement on behalf of the Party for whom the individual signs.
21.2 Cooperation; Further Acts. The Parties will fully cooperate with one another and will take any additional act or sign any additional document as might be necessary, appropriate, or convenient to carry out the purposes of this Agreement. Nothing in this paragraph obligates City to exercise its discretion in any particular way.
21.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement must be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance is deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified 19 BBK: December 2022
in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
21.4 Notices.
(A) All notices, demands, invoices, and written communications must be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
(1) To City:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: City Engineer
(2) To Developer:
Kermore Estates III, LLC
801 N. Bush Street
Santa Ana, CA 92701
Attn: Hoa Huynh Nguyen
(B) Depending on the method of transmittal, notice is deemed received as follows:
(1) by facsimile, as of the date and time sent;
(2) by messenger, as of the date delivered; and
(3) by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
(C) The Parties are encouraged, but not required to, send a courtesy copy of any written notice, demand, invoice, or written communication by email to the other Party. Email communication does not satisfy the notice obligations above.
21.5 Amendment; Modification.
(A) No supplement, modification, or amendment of this Agreement is binding unless executed in writing and signed by both Parties.
20 BBK: December 2022
(B) The City Manager may, at the Manager’s sole and absolute discretion, agree to minor modifications to this Agreement on behalf of the City without City Council approval.
21.6 Waiver. City’s failure to insist on strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, does not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing is true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
21.7 Assignment or Transfer of Agreement.
(A) Developer may not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City, which City may grant or withhold at City’s sole and absolute discretion. Any attempt to do so is null and void, and any purported assignee, hypothecatee, or transferee acquires no right or interest by reason of such attempted assignment, hypothecation, or transfer. (B) Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer does not release or discharge Developer from any duty or responsibility under this Agreement. (C) If City consents in writing to such an assignment, any assignee, hypothecatee or transferee must expressly assume Developer’s obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to City.
(1) The agreement must be in a form that is satisfactory to the City Attorney and must include provisions requiring the assignee to post bonds or submit another form of financial security that is satisfactory to City and approved by the City Attorney, to guarantee construction of the Public Improvements.
(2) The agreement must survive the recordation of the Final Map and must be recorded against each of the proposed lots to inform successors and assigns of the required Public Improvements to be constructed and their time frame for construction. Following any 21 BBK: December 2022
permitted assignment of the Public Improvements as set forth in this section 21.7, City will release Developer from its obligations so assigned and will release to Developer any bond or other security posted to secure the Public Improvements so assigned; provided, however, that City will not release any security given to secure the performance of any of any Public Improvement that is not assigned.
21.8 Binding Effect. Each of the covenants and conditions in this Agreement binds and inures to the benefit of the Parties, and their successors, heirs, personal representatives, and assigns. This section does not authorize a Party to assign any right or obligation.
21.9 No Third-Party Beneficiaries. There is no intended third-party beneficiary of any right or obligation assumed by the Parties.
21.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect.
21.11 Consent to Jurisdiction and Venue.
(A) This Agreement must be construed in accordance with and governed by the laws of the State of California.
(B) Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken under this Agreement, must be filed and prosecuted in the appropriate state court in the County of Orange, California. (C) Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
21.12 Attorneys’ Fees and Costs.
(A) If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration 22 BBK: December 2022
award, is entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Costs”). (B) Any judgment, order, or award entered in such legal action or proceeding must contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys’ and experts’ fees, costs and expenses incurred in the following:
(1) post judgment motions and appeals,
(2) contempt proceedings, garnishment, levy, and debtor and third-party examination,
(3) discovery, and
(4) bankruptcy litigation.
(C) This section 21.12 survives termination or expiration of this Agreement.
21.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, constitute one and the same instrument. 23 BBK: December 2022
SIGNATURES
CITY OF STANTON KERMORE ESTATES III, LLC
By: By:
David J. Shawver , Mayor Signature
Print Name
Title
ATTEST:
(Seal)
By: By:
Patricia Vazquez, City Clerk Signature
Print Name
Title
APPROVED AS TO FORM:
By:
HongDao Nguyen, City Attorney
Best Best & Krieger LLP
NOTE: Developer’s and Surety’s signatures must be duly notarized, and appropriate attestations must be included as required by the bylaws, articles of incorporation, or other rules or regulations applicable to Developer’s business entity.
Guardian/Conservator
Other:
Date Of Document
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
24 BBK: December 2022
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , before me, ,
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
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Date Of Document
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
25 BBK: December 2022
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , before me, ,
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
Attorney-In-Fact Number Of Pages
Trustee(s)
Exhibit C BBK: December 2022
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL MAP NO. [2022-152]
LOT 5 OF TRACT NO. 473, IN THE CITY OF STANTON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGE 28 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 079-752-09
Exhibit C BBK: December 2022
EXHIBIT B
LIST OF PUBLIC IMPROVEMENTS
PARCEL MAP NO.[2022-152]
Developer must perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the following Public Improvements in accordance with the plans and specifications on file with City or with any changes required or ordered by the City Engineer which, in his opinion, are necessary or required to complete this work.
Developer is required to perform the following Public Improvements under this Agreement:
1. Monument Installation
2. Off-site / Public Improvement Work, such as, restoration of public right-of-way including, but not limited to, concrete (sidewalks, curb & gutters, drive approach, etc.), asphalt (street restoration), landscaping and utilities.
Exhibit C BBK: December 2022
EXHIBIT C
SURETY BONDS AND OTHER SECURITY
PARCELMAP NO.[2022-152]
As evidence of understanding the provisions contained in this Agreement, and of Developer’s intent to comply with same, Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $
Surety:
Attorney-in-fact:
Address:
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $
Surety:
Attorney-in-fact:
Address:
GUARANTEE AND WARRANTY SECURITY BOND: $
Surety:
Attorney-in-fact:
Address:
MONUMENT SECURITY BOND: $
Surety:
Attorney-in-fact:
Address:
Exhibit C BBK: December 2022
BOND NO.
INITIAL PREMIUM:
SUBJECT TO RENEWAL
CITYOFSTANTON
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Stanton, California (“City”) and
(“Principal”), have executed an agreement for
work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel Map No. [2022-152] (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement for Completion of Public Improvements dated , 20 , (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and (“Surety”), a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of FORTY-SEVEN THOUSAND EIGHT-HUNDRED EIGHTYONE ($47,881.00) dollars said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, 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 Principal, 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, agreements, guarantees, and warranties in Exhibit C BBK: December 2022
the Improvement Agreement and any alteration thereof made as therein provided, 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 to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed 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.
This bond is executed and filed to comply with Section 66499, et seq., of the Government Code of California and Chapter 19 of the Stanton Municipal Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at , this day of , 20 .
Principal Surety
By: By:
President Attorney-in-Fact
Print Name Print Name
[ADD ADDITIONAL SIGNATURES IF NECESSARY]
Exhibit C BBK: December 2022
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
Exhibit C BBK: December 2022
CERTIFICATE ASTOCORPORATEPRINCIPAL
I, , certify that I am the Secretary of the corporation named as Principal to the within bond; that , who
signed the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing board. (Corporate Seal)
Signature
Date
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto if a local representative signs.
Exhibit C BBK: December 2022
BOND NO.
INITIAL PREMIUM:
SUBJECT TO RENEWAL
CITYOFSTANTON
LABOR AND MATERIALBOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Stanton, California (“City”) and
(“Principal”), have executed an agreement for
work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel Map No. [2022-152] (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Public Improvements dated , 20 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of itssubcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.
NOW, THEREFORE, Principal and (“Surety”), a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as Exhibit C BBK: December 2022
aforesaid excepting the Principal, the sum of FORTY-SEVEN THOUSAND EIGHTHUNDRED EIGHTY-ONE ($47,881.00) dollars said sum being not less than 50% of the total cost of the Public Improvements under the terms of the Improvement Agreement, 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 Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code and Chapter 19 of the Stanton Municipal Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed 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.
(Signatures on following page)
Exhibit C BBK: December 2022
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at , this day of , 20 .
Principal Surety
By: By:
President Attorney-in-Fact
Print Name Print Name
[ADD ADDITIONAL SIGNATURES IF NECESSARY]
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
Exhibit C BBK: December 2022
CERTIFICATE ASTOCORPORATEPRINCIPAL
I, , certify that I am the Secretary of the corporation named as Principal to the within bond; that , who signed
the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing board. (Corporate Seal)
Signature
Date
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto of a local representative signs.
Exhibit C BBK: December 2022
BOND NO.
INITIAL PREMIUM:
SUBJECT TO RENEWAL
CITYOFSTANTON
SUBDIVISION MAINTENANCE BOND
GUARANTEEANDWARRANTYSECURITY
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the conditions placed on the tentative parcel map for PARCEL MAP NO. [2022-152] require that the City Council of the City of Stanton, State of California, and (“Principal”) enter into an agreement by which Principal agrees to install and complete certain designated public improvements and to guarantee and warrant the work for a period of one year following its completion and acceptance (“Agreement”); and
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of the Agreement.
NOW, THEREFORE, we, Principal and
a , admitted and duly authorized to
transact business under the laws of the State of California as surety (“Surety”), are held and firmly bound unto the City of Stanton as obligee (“City”), in the penal sum FORTY-SEVEN THOUSAND EIGHT-HUNDRED EIGHTY-ONE ($47,881.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the said agreement and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
Exhibit C BBK: December 2022
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The surety waives all rights of subrogation against City or any person employed by City.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at , this day of , 20 .
Principal Surety
By: By:
President Attorney-in-Fact
Print Name Print Name
[ADD ADDITIONAL SIGNATURES IF NECESSARY]
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
Exhibit C BBK: December 2022
CERTIFICATE ASTOCORPORATEPRINCIPAL
I, , certify that I am the Secretary of the corporation named as Principal to the within bond; that , who signed
the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing board. (Corporate Seal)
Signature
Date
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto if a local representative signs.
Exhibit C BBK: December 2022
BOND NO.
INITIAL PREMIUM:
SUBJECT TO RENEWAL
CITYOFSTANTON
MONUMENT SECURITY
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Stanton, California (“City”) and
(“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights and all other required facilities for Improvements”);
(“Public
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Public Improvements dated , 20 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required under the terms of the Improvement Agreement to furnish a bond for the installation of monuments pursuant to the Agreement.
NOW, THEREFORE, we, Principal and
(“Surety”), a corporation organized and existing under the laws of the State of , admitted and duly authorized to transact business under the laws of the State of California as surety, are held and firmly bound unto City, in the sum of TWO THOUSAND ($2,000.00) dollars for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that if the Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the installation of monuments pursuant to the Agreement and any alteration thereof made as therein provided, on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and Exhibit C BBK: December 2022
shall indemnify and save harmless City, its elected officials, officers, employees, agents and volunteers, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvement Agreement, or to any plans, profiles or specifications related thereto, or to the Public Improvements to be constructed 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.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at , this day of , 20 .
Principal Surety
By: By:
President Attorney-in-Fact
Print Name Print Name
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
Exhibit C BBK: December 2022
CERTIFICATE ASTOCORPORATEPRINCIPAL
I, , certify that I am the Secretary of the corporation named as Principal to the within bond; that , who signed
the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing board. (Corporate Seal)
Signature
Date
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto if a local representative signs. 1 CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 25, 2025
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING SECTION
20.400.330 OF THE STANTON MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDING THAT THE ACTION IS
STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES
CODE §21080.17
REPORT IN BRIEF:
The City Council is asked to hold a public hearing before considering adoption of Ordinance No. 1167 which proposes to amend Section 20.400.330 of the Stanton Municipal Code to comply with recent changes to state law that impose new limits on local authorities to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”).
RECOMMENDED ACTION:
1. City Council conduct the public hearing, waive the full reading, and introduce for first reading by title only, Ordinance 1167, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING SECTION 20.400.330 OF THE STANTON MUNICIPAL
CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE
STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES
CODE § 21080.17”; and
2. Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (CEQA) under Public Resources Code § 21080.17; and
3. Set said Ordinance No. 1167 for second reading at the regular City Council meeting of December 9, 2025.
Item: 10A
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2 BACKGROUND:
In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose new limits on a local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). In late 2025, four new bills were enacted that further amend state ADU law as summarized later in this report. As a result, local jurisdictions are required to update the ADU regulations in their Municipal Codes or they will be considered null and void when the new bills go into effect on January 1, 2026.
The Planning Commission held a public hearing on November 19, 2025 to consider proposed Ordinance 1167 amending Section 20.400.330 of the Stanton Municipal Code related to Accessory Dwelling Units and Junior Accessory Dwelling Units to comply with new legislation. The Planning Commission heard a presentation, held a public hearing, deliberated, and voted unanimously to recommend approval of Ordinance No. 1167.
ANALYSIS/JUSTIFICATION:
AB 462 – Coastal Development Permits (CDP); Disaster-Affected Areas AB 462 modifies several permitting requirements associated with processing Coastal Development Permits for ADUs located in the Coastal Zone.
Beyond changes to CDP processing, AB 462 modifies the rules governing the issuance of a certificate of occupancy (C of O) for an ADU. Historically, state law has prohibited a local agency from issuing a C of O for an ADU before one is issued for the primary dwelling (i.e., the primary dwelling must have a C of O before the ADU can receive one).
AB 462 creates a narrow exception to this prohibition for detached ADUs when all of the following conditions are satisfied: (1) the Governor has declared a state of emergency for the county on or after February 1, 2025; (2) the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and (3) the ADU has been issued construction permits and passed all required inspections. (Gov. Code, § 66328(b).) If these conditions are satisfied, the detached ADU can receive a C of O before the primary dwelling. In all other scenarios, the primary dwelling still needs a C of O before one can be issued for an ADU.
AB 462 was enacted as an urgency measure that took effect immediately when signed by the Governor (on October 10, 2025).
The following three bills were enacted as non-urgency measures and take effect on January 1, 2026.
3 AB 1154 – JADU Owner-Occupancy; Short-Term Rental
When a JADU is developed, existing state law requires a property owner to reside in the JADU or remaining portion of the single-family dwelling. AB 1154 narrows this requirement to now only apply when a JADU shares sanitation facilities (bathroom) with the single-family dwelling. If JADU has its own bathroom, then the property owner does not have to reside on the property at all. (See amended Gov. Code, § 66333(b).) AB 1154 also expressly prohibits JADUs from being used as short-term rentals (i.e., rented for a term shorter than 30 days). (See amended Gov. Code, § 66333(g).) Most ADU ordinances already included this prohibition (as well as prohibiting ADUs from being used as short-term rentals) and now it has been codified in state law.
SB 9; SB 543 – ADU Ordinance Submittal to HCD; Approval Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption.
This year’s SB 91 and SB 543 create a penalty for failing to do so by rendering null and void any local ordinance that is not submitted to HCD within 60 days of adoption. (See amended Gov. Code, § 66326(d); new Gov. Code, § 66333.5(d).) The bills further specify that a local ADU ordinance is null and void if HCD issues findings that the ordinance does not comply with state law and the local agency fails to respond to HCD within 30 days. (Id.)
SB 543 – ADU Size; Number of ADUs; Impact Fees; Application Timeline SB 543 makes numerous changes and clarifications to state ADU law, the most notable of which are summarized below.
ADU & JADU Size
Existing law limits the maximum size of a JADU to 500 square feet and prohibits local ADU ordinances from imposing certain development standards that would prevent an ADU created under Government Code section 66314 through 66322 from being at least 800 square feet.
SB 543 amends state ADU law to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.” (See amended Gov. Code, § 66313(d), 66321(b)(2).)
Impact Fees
Existing law exempts ADUs that are 750 square feet or smaller from development impacts fees (DIFs).
1 Not to be confused with the SB 9 of 2021 (Stats. 2021, Ch. 162) regarding urban lot splits and second primary dwelling units.
4 SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space.
The bill also exempts an ADU or JADU with fewer than 500 square feet of interior livable space from school impact fees. (See amended Gov. Code, § 66311.5.) Quantity of ADUs Created Under Government Code Section 66323 Existing state law creates four categories of ADUs that must be approved if they comply with the limited standards provided in Government Code section 66323(a)(1)–(4). These are:
(1) a converted ADU and JADU created on a lot with a proposed or existing singlefamily dwelling (Gov. Code, § 66323(a)(1)); (2) a detached ADU created on a lot with a proposed or existing single-family dwelling (Gov. Code, § 66323(a)(2));
(3) converted ADUs created in an existing multifamily dwelling (Gov. Code, § 66323(a)(3)); and
(4) detached ADUs created on a lot with a proposed or existing multifamily dwelling.
For some time, there has been uncertainty as to whether ADUs created under Government Code section 66323 could be combined. Some practitioners interpreted the statute to not require local agencies to allow combinations. Initially, HCD took the same position in its 2020 ADU Handbook. But for the last few years, HCD has taken the opposite position: that yes, combinations are permitted. (See HCD January 2025 ADU Handbook, at p. 19 [“[P]ursuant to Government Code section 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together”].)
SB 543 codifies HCD’s most recent interpretation by amending Government Code section 66323 to specifically allow combinations. Thus, a lot with a multifamily dwelling can now have a converted ADU or ADUs created under section 66323(a)(3) and detached ADUs created under section 66323(a)(4). And a lot with a single family dwelling can now have a converted ADU and a JADU created under section 66323(a)(1) and a detached ADU created under section 66323(a)(2).
ADU Permitting Process
Existing law has long required local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, state law was silent with respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications.
SB 543 requires local agencies to now:
(1) determine whether an ADU application is complete within 15 business days of submittal;
5 (2) if the application is incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them; (3) review a resubmitted application for completeness within 15 business days; (4) provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or City Council, or both); and
(5) provide a final written determination on the appeal within 60 business days of receiving the appeal). (See amended Gov. Code, §§ 66317 [ADUs], 66335 [JADUs].)
NEXT STEPS & RECOMMENDATION
AB 462 took effect immediately when signed, but technically it doesn’t require any change to a local ADU ordinance; the City just needs to follow the new rules for CDP processing and issuance of a C of O, if applicable. But the remaining bills take effect January 1, 2026, and for the City’s ADU ordinance to remain valid and enforceable, it must comply with the new changes in state law. Adopting the proposed ordinance (Exhibit A1 to Attachment A) ensures that the City’s ADU ordinance will remain in compliance with state law. For these reasons, staff recommends that the City Council consider and adopt the proposed ordinance after holding a public hearing and second reading.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions.
ENVIRONMENTAL IMPACT:
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law.
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements state ADU law.
LEGAL REVIEW:
The City Attorney’s office provided guidance and oversight in the preparation of the proposed Ordinance to ensure compliance with state law. 6 STRATEGIC GOAL:
Goal 5: Maintain and promote a responsive, high-quality and transparent government.
PUBLIC NOTIFICATION:
Notice of Public Hearing was published in the Orange County Register on November 14, 2025, and posted at three public places and made public through the agendaposting process on November 21, 2025.
Prepared by: Crystal Landavazo, Community & Economic Development Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:
A. Ordinance No. 1167
B. Planning Commission Resolution No. 2583
ORDINANCE NO. 1167
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING SECTION 20.400.330 OF THE STANTON MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, Assembly Bill 462 (“AB 462”), Assembly Bill 1154 (“AB 1154”), Senate Bill 9 (“SB 9”), and Senate Bill 543 (“SB 543”), which further amend state ADU law; and WHEREAS, new updates to state ADU law take effect on January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, on November 19, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 25, 2025, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
ORDINANCE NO. 1167
PAGE 1 OF 5
Attachment: A
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ORDINANCE NO. 1167
PAGE 2 OF 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2: CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3: General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c). Based on all evidence in the record for the Ordinance and all other applicable information presented, the City Council finds, in compliance with SMC §20.610.060.B, that the proposed Ordinance is appropriate for the following reasons:
1. Consistency with City’s General Plan: The proposed Ordinance is consistent with the City’s General Plan, particularly Goal H-1.1, “Provide for a housing stock of sufficient quantity composed of a variety and range of types and costs.” Accessory Dwelling Units and Junior Accessory Dwelling Units provide a unique type of housing that allow for increased housing stock in areas with low density where additional housing was previously not possible. The proposed amendment ensures that the City’s Ordinance remains updated with recent legislative changes so it can continue to offer this variety of housing types.
2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: The proposed Ordinance will maintain the current zoning framework to allow Accessory Dwelling Units and Junior Accessory Dwelling Units without introducing new uses or conditions that could pose risks.
The proposed amendments continue to regulate these units in a manner that ensures consistency with existing housing development residential zones. The proposed Ordinance will ensure the City’s regulations are reflective of legislative changes and are appropriate to ensure compliance with state requirements.
3. Consistency with Zoning Code: The Amendments are internally consistent with other provisions of the City’s Zoning Code, as they continue to allow development of Accessory Dwelling Units and Junior Accessory Dwelling Units. This Ordinance will bring the City’s regulations into compliance with legislative changes related ADU and JADU development and is necessary to maintain compliance. The Ordinance does not introduce any new uses or standards that are incompatible with other provisions of the Zoning Code.
ORDINANCE NO. 1167
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SECTION 4: Code Amendment. Section 20.400.330 of the Stanton Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A-1,” attached hereto and incorporated herein by reference.
SECTION 5: Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 6: HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
SECTION 7: Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 8: Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 7800 Katella Avenue, Stanton, CA 90680.
SECTION 9: Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
PASSED, APPROVED, AND ADOPTED this 9th day of December, 2025.
DAVID J. SHAWVER, MAYOR
ATTEST:
PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ORDINANCE NO. 1167
PAGE 4 OF 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1167 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 25th day of November, 2025, and was duly adopted at a regular meeting of the City Council held on the 9th day of December, 2025, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE NO. 1167
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EXHIBIT A-1
Amended ADU Regulations
SMC 20.400.330
(follows this page)
EXHIBIT A-1
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Section 20.400.330 Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection C.8 below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by section 18007 of the California Health and Safety Code.
2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. Refer to Section 20.700.70.
3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. “Efficiency kitchen” means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
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5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet of interior livable space in size. b. It is contained entirely within an existing or proposed single-family structure.
An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection C.4 above.
6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
7. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
10. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
11. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
12. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection D.3 below.
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2. Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by Resolution of the City Council.
3. Process and Timing.
a. Completeness.
i. Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal. ii. Incomplete items. If the city’s determination under subsection D.3.a.i above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
iii. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
iv. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
v. Deemed complete. If the city does not make a timely determination as required by this subsection a, the application or resubmitted application is deemed complete for the purposes of subsection D.3.c below.
vi. Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. b. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.
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c. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. d. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection D.3.c above.
e. Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f. Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E. Classes.
1. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection F below, it is allowed in each of the scenarios provided in this subsection E.1. An ADU and JADU approved under subsection E.1.a may be combined with an ADU approved under subsection E.1.b, and ADUs approved under subsection E.1.c may be combined with ADUs approved under subsection E.1.d.
a. Converted on Single-family Lot: One ADU as described in this subsection E.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
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i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code sections 66333 through 66339.
b. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection F.2 below.
c. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection E.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection F.2 below.
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iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
2. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection E.1 above, all ADUs are subject to the standards set forth in subsections F and G below.
2. ADU Permit.
a. Except as allowed under subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance.
The ADU-permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution.
3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.b above.
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d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
F. General ADU and JADU Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs that are approved under subsections D.1 or D.2 above:
1. Zoning.
a. An A Class 1 ADU subject only to a building permit under subsection E.1 may be created on a lot in a residential or mixed-use zone. b. An A Class 2 ADU subject to an ADU permit under subsection E.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
2. Height.
a. Except as otherwise provided by subsections F.2.b and F.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection F.2.d may not exceed two stories. e. For purposes of this subsection F.2, height is measured from the finished grade to the peak of the structure in compliance with Section 20.305.050.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
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b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
This prohibition applies regardless of when the ADU or JADU was created.
5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Septic System Prohibited. The ADU or JADU must connect to the sewer system, septic systems are prohibited for every ADU and JADU.
7. Owner Occupancy.
a. ADUs. An ADU created under this section on or after January 1, 2020 is ADUs are not subject to an owner-occupancy requirement.
b. JADUs.
i. Generally. As required by state law, all JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
ii. Exceptions. However, t The owner-occupancy requirement in this subsection F.7.b does not apply if t in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary
dwelling unit structure).
(II) The property is entirely owned by another governmental agency, land trust, or housing organization.
8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.
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b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.
10. Building & Safety.
a. Must comply with building code. Subject to subsection F.10.b below, all ADUs and JADUs must comply with all local building code requirements.
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b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection F.10.b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
11. Certificate of Occupancy Timing.
a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b. Limited Exception for State-declared Emergencies. Notwithstanding subsection F.10.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
i. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. ii. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency
proclamation.
iii. The ADU has been issued construction permits and has passed all required inspections.
iv. The ADU is not attached to the primary dwelling.
G. Specific ADU Requirements. The following requirements apply only to Class 2 ADUs that require an ADU permit approved under subsection E.2 above. This subsection G does not apply to Class 1 ADUs or JADUs approved under subsection E.1 above.
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet if interior livable space for a unit with two or more bedrooms. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection G, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection G.1.b above or of an FAR, front ORDINANCE NO. 1167
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setback, lot coverage limit, or open-space requirement may require the ADU to be have less than 800 square feet of interior livable space.
2. Floor Area Ratio (FAR). No ADU subject to this subsection G may cause the total FAR of the lot to exceed the ranges set in the table below, subject to subsection G.1.c above:
FAR/Target Range General GLMX North Gateway NGMX South Gateway SGMX Target Density Range Density range for residential uses expressed as dwelling units per NET acre.
Residential Uses 25 - 45 du/ac 25 - 45 du/ac 30 - 60 du/ac Target Intensity Range Floor area ratio (FAR) for nonresidential uses Nonresidential Uses (1) 1.0 - 2.0 1.0 - 2.0 1.5 - 3.0
3. Setbacks.
a. ADUs that are subject to this subsection G must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection G must conform to 25-foot front setbacks, subject to subsection G.1.c above.
b. No setback is required for an ADU that is subject to this subsection G if the ADU is constructed in the same location and to the same dimensions as an existing structure.
4. Lot Coverage. No ADU subject to this subsection G may cause the total lot coverage of the lot to exceed the maximums allowed in the below, subject to subsection G.1.c above.
Lot Coverage RE RL RM RH
Interior Lot 30% 40% 50% 65%
Corner Lot 35% 45% 50% 65%
5. Impervious Surface Coverage. Maximum percentage of the total gross lot area that may be covered by structures and impervious surfaces shall not exceed 70 percent, subject to subsection G.1.c above.
6. Passageway. No passageway, as defined by subsection C.9 above, is required for an ADU.
7. Parking.
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a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.12 above.
b. Exceptions. No parking under subsection F.7.a is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.11 above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence (singlefamily converted ADUs, not multi-family converted) or an accessory structure under subsection D.1.a above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections G.7.b.i through G.7.b.v above. c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must be the same architectural design and appearance as those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
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e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. f. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
g. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
H. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections E.1 or E.2 above.
1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet of interior livable space in size. For purposes of this subsection H.1, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
c. Any impact fee that is required for an ADU that is 750 square feet or larger in size of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
9. Allowed Stories. No ADU subject to this subsection G may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph F.2.d of this section.
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2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection H.2.a, converted ADUs on a single-family lot that are created under subsection E.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code. c. Except as described in subsection H.2.a, all ADUs that are not covered by subsection H.2.b above require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
I. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs and JADUs constructed before 2020.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU or JADU law this ADU ordinance (section 20.400.330).
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b. Exceptions:
i. Notwithstanding subsection I.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
ii. Subsection HI2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
I. Restricted Areas. ADUs or JADUs shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an ADU may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority's Master Plans for Commercial and Residential Development (as the same may be amended from time to time), unless: (1) one onsite parking space is provided for each bedroom included in the ADU; and (2) replacement onsite parking spaces are provided for any parking spaces that are lost or converted to accommodate the ADU.
RESOLUTION N0. 2583
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ST ANTON, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING SECTION 20.400.330 0F THE STANTON
MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS IN THE CITY, AND FINDING THE ACTION TO BE
STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17
WHEREAS, the City of Stanton, California ("City") is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, Assembly Bill 462 ("AB 462"), Assembly Bill 1154 ("AB Il 54"), Senate Bill9 ("SB 9"), and Senate Bill 543 ("SB 543"), which further amend state ADU law; and WHEREAS, new updates to state ADU law take effect on January 1, 2026, and for the City's ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, on November 13, 2025, the City gave public notice that the Planning Commission would conduct a public hearing to consider Zoning Code Amendment ZCA 25-01 by posting the public notice at three public places including Stanton City Hall, the Post Office, and the Stanton Community Services Center, and publishing the notice in the Orange County Register on November 7, 2025, and the Planning Commission agenda was made available through the agenda posting process; and WHEREAS, on November 19, 2025, the Planning Commission held a duly-noticed public hearing to consider the attached Ordinance; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
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Attachment: B
Click here to return to the agenda.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ST ANTON DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
SECTION 1. Incorporation. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the Planning Commission.
SECTION 2. CEQA. The Planning Commission recommends that the City Council find that, under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division I of Title 7 of the California Government Code, which is California's ADU law. Therefore, adoption of the proposed Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. Based on all the evidence in the record, the Planning Commission has determined that amending Section 20.400.330 of the SMC, is necessary and finds, in compliance with SMC §20.610.060.B, that the proposed Zoning Code Amendments are appropriate for the following reasons:
1. Consistency with City's General Plan: The proposed Ordinance is consistent with the City's General Plan, particularly Goal H-I.I, "Provide for a housing stock of sufficient quantity composed of a variety and range of types and costs." Accessory Dwelling Units and Junior Accessory Dwelling Units provide a unique type of housing that allow for increased housing stock in areas with low density where additional housing was previously not possible. The proposed amendment ensures that the City's Ordinance remains updated with recent legislative changes so it can continue to offer this variety of housing types.
2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: The proposed Ordinance will maintain the current zoning framework to allow Accessory Dwelling Units and Junior Accessory Dwelling Units without introducing new uses or conditions that could pose risks.
The proposed amendments continue to regulate these units in a manner that ensures consistency with existing housing development residential zones. The proposed Ordinance will ensure the City's regulations are reflective of legislative changes and are appropriate to ensure compliance with state requirements.
3. Consistency with Zoning Code: The Amendments are internally consistent with other provisions of the City's Zoning Code, as they continue to allow development ofAccessory Dwelling Units and JuniorAccessory Dwelling Units, This Ordinance will bring the City's regulations into compliance with legislative changes related ADU and JADU development and is necessary to maintain compliance. The Ordinance does not introduce any new uses or standards that are incompatible with other provisions of the Zoning Code,
Resolution No. 2583
November19, 2025
Pg. 2
SECTION 4. Recommendation. Given the foregoing, and based on the entire record before the Planning Commission, the Planning Commission hereby recommends that the City Council adopt Ordinance No. 1167, attached hereto as Exhibit "A-I" and incorporated by reference.
SECTION 5. Effective Date. This Resolution takes effect immediately upon adoption.
Section 6. Certification; Records. The Planning Secretary shall attest as to the adoption of this Resolution and cause the same to be maintained in the permanent records of the City.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission on the 1 9'h day of November 2025, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Thu"Fraz'Cm
Stanton Planning Commission
Resolution No. 2583
November 19, 2025
Pg. 3
Adams, Meza-Saldana, Normand, Ash, Frazier
Exhtbit A
Proposed Ordinance No. 1167
[Attachedl
-$ if *
Resolution No. 2583
November 19 2025
Pg. 4
ORDINANCE N0. 1167
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON AMENDING SECTION 20.400.330 0F THE
STANTON MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND FINDING THE
ACTION TO BE STATUTORILY EXEMPT FROM CEQA
UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Stanton, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, Assembly Bill 462 ("AB 462"), Assembly Bill 1154 ("AB Il 54"), Senate Bill 9 ("SB 9"), and Senate Bill 543 ("SB 543"), which further amend state ADU law; and WHEREAS, new updates to state ADU law take effect on January 1, 2026, and for the City's ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law: and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, on November 19, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 26, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1 ) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City's Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
ORDINANCE N0. 1167
-1 -
NOW, THEREFORE, the City Council of the City of Stanton does ordain as follows:
SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 663M(c). Based on all evidence in the record for the Ordinance and all other applicable information presented, the City Council finds, in compliance with SMC §20.610.060.B, that the proposed Ordinance is appropriate for the following reasons:
1. Consistency with City's General Plan: The proposed Ordinance is consistent with the City's General Plan, particularly Goal H-1.1, "Provide for a housing stock of sufficient quantity composed of a variety and range of types and costs." Accessory Dwelling Units and Junior Accessory Dwelling Units provide a unique type of housing that allow for increased housing stock in areas with low density where additional housing was previously not possible. The proposed amendment ensures that the City's Ordinance remains updated with recent legislative changes so it can continue to offer this variety of housing types.
2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: The proposed Ordinance will maintain the current zoning framework to allow Accessory Dwelling Units and Junior Accessory Dwelling Units without introducing new uses or conditions that could pose risks.
The proposed amendments continue to regulate these units in a manner that ensures consistency with existing housing development residential zones. The proposed Ordinance will ensure the City's regulations are reflective of legislative changes and are appropriate to ensure compliance with state requirements.
3. Consistency with Zoning Code: The Amendments are internally consistent with other provisions of the City's Zoning Code, as they continue to allow development of Accessory Dwelling Units and Junior Accessory Dwelling Units. This Ordinance will bring the City's regulations into compliance with legislative changes related ADU and JADU development and is necessary to maintain compliance. The Ordinance does not introduce any new uses or standards that are incompatible with other provisions of the Zoning Code.
ORDINANCE NO. 1167
-2-
SECTION 4. Code Amendment. Section 20.400.330 of the Stanton Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit "A-1," attached hereto and incorporated herein by reference.
SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 6. HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 7800 Katella Avenue, Stanton, CA 90680.
SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
PASSED, APPROVED, AND ADOPTED this 9'h day of December, 2025.
DAVID J. SHA\/\/VER, MAYOR
ATTEST:
PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:
BEST BEST & KRIEGER, CITY ATTORNEY
ORDINANCENO 1167
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STATEOFCALIFORNIA )
COUNTY OF ORANGE ) ss.
CITYOFSTANTON )
1, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1167 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 25'h day of November, 2025, and was duly adopted at a regular meeting of the City Council held on the 9th day of December, 2025, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS.
PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE N0. 1167
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EXHIBIT A-I
Amended ADU Regulations
SMC 20.400.330
(follows this page)
ORDINANCE N0. 1167
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EXHIBIT A-1
Section 20.400.330 Accessory Dweiling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
2, Deemed to exceed the allowable density for the iot on whicli the ADU or JADU is located.
3, Considered in the application of any local ordinance, policy, or program to limit residential growth.
4, Required to correct a nonconforming zoning condition, as defined in subsection C.8 below. This does not prevent the city froin enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
1. "Accessory dwelling unit5' or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or inore persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by section 17958. l of the California Health and Safety Code; and
b. A manufactured home, as defined by section 18007 of the California Health and Safety Code,
2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot. Refer to Section 20.700.70.
3. "Complete independent living facilities" ineans permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. "Efficiency kitchen" means a kitchen that includes all of the following:
a, A cooking facility with appliances.
b, A food preparation counter and storage cabinets that are ofa reasonable size in relation to the size of tlie JADU.
ORDINANCE N0. 1167
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5. 'Ucinior accessory dwelling unit" or "JADU" ineans a residential unit that satisfies all of the following:
a. It is no more than 500 square feet of interior livable space in size. b. It is contained entirely within an existing or proposed single-family structure.
An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure,
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection C.4 above.
6. "Livable space" ineans a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
7. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
8. "Nonconforining zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
9. "Passageway" ineans a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
10. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
ll. "Public transit" tneans a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation tliat charge set fares, run on fixed routes, and are available to the public.
12. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU perinit and a building permit. The city will review and approve permit applications in accordance with subsection E.3 below.
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Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance, T)ie ADU-permit processing fee is determined by Resolution of the City Council,
Process and Timing.
a. Completeness.
Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.
Incomplete itenns. If the city's determination cmder subsection D.3.a,i above is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.
Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by tlie citv to be incomplete.
Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of tlie subsequent submittal the city will determine in writing wlietlier the additional information remedies all the incomp lete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
V, Deemed complete. If the city does not make a timely determination as required by this subsection a, the application or resubmitted application is deemed complete for the purposes of subsection D.3.c below.
Appeal of incompleteness. An applicant may appeal the city's determination tliat the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. b. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.
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C. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
The applicant requests a delay, in whicli case the 60-day time period is tolled for tlie period of the requested delay, or
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city inav delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or inultifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. d. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all tlie defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection E.3.b below.
e. Appeal of denial. An applicant inay appeal the city's denial of the application tw subinitting a written appeal to the cit'v' clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f. Concurrent review of demolition. A demolition perinit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the saine tiine.
Classes.
Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requireinents in subsection F below, it is allowed in eacli of the scenarios provided in this subsection E.l. An ADU and JADU approved under subsection E. l.a may be combined with an ADU approved under subsection E, l,b, and ADUs approved under subsection E.l.c may be combined with ADUs approved under subsection E. l.d,
a. Converted on Single-family Lot: One ADU as described in this subsection E. l.a and one JADU on alot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
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Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plcis cip to 150 additional sqciare feet if the expansion is limited to accommodating ingress and egress; and
Has exterior access that is independent of that for the single-family dwelling; and
Has side and rear setbacks sufficierit for fire and safety, as dictated by applicable building and fire codes.
The JADU complies with the requirements of Government Code sections 66333 through 66339.
b. Limited Detached on Single-family Lot: One detached, new-construction ADU on alot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
i, The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller.
The peak height above grade does not exceed the applicable height limit in subsection F,2 below.
c. Converted on Multifamily Lot: One or more ADUs within portions of existing inultifamily dwelling structures t)iat are not used as livable space, including but not liinited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection E,l.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached on IVIultifamily Lot: No more than two detached ADUs on a lot with a proposed mu)tifami)y dwelling, oi- up to eight detached ADUs on a lot with an existing nnultifainily dwelling, if each detached ADU satisfies all of the following:
The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any inodification to the multifamily dwelling as a condition of approving the ADU.
The peak height above grade does not exceed the applicable height limit provided in subsection F,2 below.
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If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314-66322. Except for Class l ADUs approved under subsection E.l above, all ADUs are subject to the standards set forth in subsections F and G below.
2. .tDU Permit.
a. Execpt as allo',','cd under subsection Error! Reference source not found., no ,'iDU inay bc created v,'ithout a bciilding permit and an ,'IDU pcrmit in compliancc with the standards sct forth in subsections F and G below. b, The city may charge a fec to rcimbursc it for costs incurred in processing y'.DU pcrmits, including the costs of adopting or amcnding the city'a zADU ordinancc.
Thc,ADU permit proccssing fee is dctcrmincd by thc Director of Community Dcvclopmcnt and approved by the City Council by rcsolution. 3, Process and Timing.
a. z'in,',DU pcrmit is considcrcd and approvcd ministcrially, without discrctionary rC'ijO\i Or a hearing.
ty. The city inust approve or deny an application to crcatc an,'yDU or J,/\,DU within 60 days from thc date that the city rcccivcs a complctcd application. If thc city has not approa,'cd or dcnicd the complctcd application within 60 days, thc application is dccmcd approved unless cithcr:
Thc applicant rcqucsts a delay, in v.'hich casc thc 60 day timc pcriod is tollcd for thc pcriod of thc rcqucstcd dclay, or
\i'="hen an application to crcatc an ,ADU or J,ADU is submitted with a pcrmit application to crcatc a ncv,' singlc family or multifamily dyvclling on thc lot, thc city may dclay acting on thc permit application for the ,"\DU orJ,'iDU until thc city acts on the permit application to create thc ncv,' single family or multifamily d',vclling, but the application to crcatc the i'iDU oi- J,'tDU ',','ill still bc considered ministcrially without discrctionary rcvicw or a hearing,
c. If the city denies an application to create an ,'iDU or MDU,, the city must provide thc applicant svith commcnts that includc, among other things, a list of all the dcfcctivc or dcficicnt items and a description of how thc application may bc rcmcdicd by the applicant. Notice of the denial and corresponding commcnts must be provided to the applicant within the 60 day time period established by subsection E,3.b aboa,'c.
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d, iS dcmolition pcrmit for a detached garage that is to bc rcplaccd with an,"S,DU is rcvicwcd vv'ith the application for the y'iDU and iasucd at the samc time, F. General ,'iDU and JADU Requirements. The following requirements apply to all and Class 2 ADUs and JADtJs that arc approved under subsections Error! Reference source not found. or E,2 above:
1. Zoning.
a, -Arh A Class IADU subject only to a building permit under subsection E,I may be created on a lot in a residential or mixed-use zone. b. A-r* A Class 2 ADU subject to an ADU permit under subsection E.2 above inay be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
2, Height.
a. Except as otherwise provided by subsections F.2.b and F.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed l 6 feet in height,
b. A detached ADU inay be up to l 8 feet in height ifit is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half' mile walking distance of a major transit stop or }iigh quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU inay be up to two additional feet in height (for a inaxiinum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c, A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height,
d, An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection F.2.d may not exceed two stories, e, For purposes of this subsection F.2, lieight is measured from the finished grade to the peak of the structure in compliance with Section 20.305.050.
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3, Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
This prohibition applies regardless of when the ADU or JADU was created.
5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or froin the lot and all of the dwellings (in the ease of a multifamily lot).
6. Septie System Prohibited. The ADU or JADU must connect to the sewer system, septic systems are prohibited for every ADU and JADU.
7. Owner Occupancy.
a. ADUs.,'in,ADU ercatcd under this section on or after January 1, 2020 is,'\.DUs are not subject to an owner-occupancy requirement.
b. JADUs.
Generall . As required by state law,-a4-4 JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to tlie property inust reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.
Exceptions. , Tlie owner-occupancy requirement in this
subsection F.7.b does not apply -if-t-in either of the following situations:
(I) The JADU has separate sanitation facilities (i,e., does not share sanitation facilities with the existing primary
dwelling unit structure).
(II) The property is entirely owned by anot)ier governmental agency, land trust, or housing organization.
8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land ORDINANCE N0. 1167
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and bind all futcire owners. The form ofthe deed restrictioti will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section,
c, The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities, To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If tiie ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e, The deed restriction is enforceable by the director or his or her designee for the benefit of' the City, Failure of the property owner to comply with the deed restrictiori may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the il]egal unit, 9, Rent Reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance witli Governinent Code sections 65583.1 and 66330, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Witliin 90 days after each January I following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow tlie owner another 30 days to submit t)ie report. If the owner fails to submit the report within the 30-day period, the city inay enforce this provision in accordance witli applicable law.
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]0. Building & Safety.
a. Must comply with building code. Subject to subsection F,lO.b below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection F.lO.b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently conveited for residential use in accordance with tliis section. 11, Certificate of Occupancy Timing.
a. Generally. 'No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b. Limited Exception for State-declared Emergencies. Notwithstanding subsection F. l l.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
Tlie county is subject to a proclaination of a state of emergency made tw the California Governor on or after February 1, 2025.
The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency
proclamation.
The ADU has been issued construction permits and has passed all required inspections.
The ADU is not attached to the primary dwelling.
G. Specific ADU Requirements. The following requirements apply only to Class 2 ADUs t-m require an,',DU permit under subsection E.2 above. This subsection G does not apply to Class 1 ADUs or JADUs approved under subsection E. l above.
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection G is 850 square feet ofinterior livable space for a studio or one-bedroom unit and 1,000 square feet ifinteriorlivable space for a unit with two or more bedrooms.
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b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection G, such as FAR or lot coverage, might further )imit the size of the ADU, but no application of the percent-based size limit in subsection G.l.b above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to Jee less than 800 square feet of interior livable space,
2. Floor Area Ratio (FAR). No ADU subject to tliis subsection G may cause the total FAR of the lot to exceed the ranges set in the table below, subject to subsection G. l.c above:
FAR/Target Range
Target Density Range
Residential Uses
Target Intensity Range
Nonresidential Uses (1)
General GLMX North Gateway NGMX South Gateway SGMX
Density range for residential uses expressed as dwelling units per NET acre. 25 - 45 do/ac 25 - 45 du/ac 30 - 60 du/ac
Floor area ratio (FAR) for nonresidential uses
1.0 - 2.0 1 .0 - 2.0 1.5 - 3.0
3. Setbacks.
a. ADUs that are subject to this subsection G must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection G must conform to 25-foot front setbacks, subject to subsection G.l.c above.
b. No setback is required for an ADU that is subject to this subsection G if the ADU is constructed in the same location and to the same dimensions as an existing structure.
4. Lot Coverage. No ADU subject to this subsection G may cause the total lot coverage of the lot to exceed the maximums allowed in the below, subject to subsection G.l.c above,
LotCoverage RE RL RIVI RH
Interior Lot
Corner Lot
30%
35%
40o/o 50%
45% 50%
65% o
i
65% '
5. Impervious Surface Coverage. Maxiinum percentage of the total gross lot area that may be covered by structures and impervious surfaces shall not exceed 70 percent, subject to subsection G.l.c above.
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6, Passageway. No passageway, as defined by subsection C.9 above, is required for an ADU.
7. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.12 above.
b. Exceptions. No parking under subsection G.7.a is required in the following situations:
The ADU is located within one-half mile walking distance of public transit, as defined in subsection C. l l above.
The ADU is located within an architecturally and historically significant historic district,
The ADU is part of the proposed or existing primary residence family convcrtcd z'iDtJs, not multi family convcrtcd) or an accessory structurc undcr subscction E. l.a abovc.
When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections G.7.b.i thi-ough G.7,b.v above. c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must be the same architectural design and appearance as those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
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c, The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU imist have an independent exterior entrance, apart from that of the priinary dwelling.
e, The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet, f, No window or door of the ADU inay have a direct line of sight to an adjoining residential property. Each window and door mcist either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
g. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
9. Historical Protections. y'in,'iDU that is on or svithin 600 fcct of rcal property that is listcd in thc California Rcgistcr of Historic Rcsourccs must be locatcd so as to not bc visiblc from any public right of sa,lay.
9. Allowed Stories. No ADU subject to this subsection G may have more than one story, except that an ADU that is attached to tlie primary dwelling inay have the stories allowed under subparagrapli F.2.d of this section.
H. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections El, or E.2 above.
1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet of interior livable space in size. For purposes of this subsection H.1, "impact fee" means a"fee" under the Mitigation Fee Act (Gov, Code 5366000(b)) and a fee under the Quimby Act (Gov, Code 'J66477). "Impact fee" here does not include any connection fee or capacity cliarge for water or sewer service. b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620,
c, Any impact fee that is required for an ADU that is 750 square feet or larger :m of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, ORDINANCENO 1167
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divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection H.2.a, converted ADUs on a single-family lot t)iat are created under subsection E. l.a above are not required to have a new or separate citility connection directly between the ADU and the utility. 'Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code. c. Except as described in subsection H.2.a, all ADUs that are not covered by subsection H.2.b above require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
I. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public liealth and safety and that is not affected by the construction of the ADU oi-.JADU.
2. Unpermitted ADUs and JADUs constructed before 2020.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU orJADU that was constructed before January l, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or The ADU or JADU does not comply with state ADU or JADU law this ADU ordinance (section 20.400.330).
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b. Exceptions:
Notwithstanding subsection I.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with tlie standards specified in California Hea]th and Safety Code section 17920.3.
Subsection I.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3,
l. Restricted Areas. ADUs or JADUs sha!l not be ailowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds establislied by the utility or service provider, To ensure access by public safety vehicles, an ADU may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority's Master Plans for Commercial and Residential Development (as the same may be amended from time to timc), unlcss: (1) onc on site parking space is providcd for cach bedroom includcd in thc y"lDU; and (2) rcplaccrncnt on site parking spaces arc providcd for any parking spaccs that arc lost or convcrtcd to accommodatc thc i'iDU.
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1 CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 25, 2025
SUBJECT: CONSIDERATION OF ORDINANCE NO. 1166 ADDING CHAPTER 9.51,
PROHIBITION OF THE SALE AND DISTRIBUTION OF KRATOM AND
KRATOM PRODUCTS, TO THE STANTON MUNICIPAL CODE
REPORT IN BRIEF:
The City Council will consider adopting Ordinance No. 1166, which, if adopted, would add Chapter 9.51 to Stanton’s Municipal Code, prohibiting the sale and distribution of kratom and kratom products in the City of Stanton.
RECOMMENDED ACTION:
1. City Council find this action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
2. Introduce and waive first reading of Ordinance No. 1166, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADDING CHAPTER 9.51 (PROHIBITION OF THE SALE
AND DISTRIBUTION OF KRATOM AND KRATOM PRODUCTS) TO TITLE 9 (PEACE, SAFETY AND MORALS) OF THE CITY OF STANTON
MUNICIPAL CODE”; and
3. Set said Ordinance No. 1166 for second reading at the regular City Council meeting of December 9, 2025.
BACKGROUND:
The City of Stanton (“City”) has diligently worked to address quality of life issues within the City. Part of that effort has been to address the sale and possession of unregulated recreational drugs and substances. For example, in April 2025, the City Council adopted an ordinance that banned the sale of nitrous oxide within the City (with certain exceptions). The proposed ordinance seeks to prohibit the sale of kratom and kratom products within the City of Stanton.
Item: 12A
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2 According to the Drug Enforcement Administration (“DEA”) and the National Institute of Health (“NIH”), kratom is a tropical tree native to Southeast Asia with leaves that produce both stimulant effects (in low doses, including increased alertness, physical energy, and talkativeness) and sedative effects (in high doses). A DEA fact sheet provides that the use of kratom may lead to psychotic symptoms, and psychological and physiological dependence. (https://www.dea.gov/sites/default/files/2020-06/Kratom-2020_0.pdf.) Kratom leaves contain two major psychoactive ingredients, mitragynine and 7- hydroxymytragynine. Its potential effects on the human body include nausea, itching, sweating, dry mouth, constipation, increased urination, tachycardia, vomiting, drowsiness, and loss of appetite. Kratom users have also reported experiencing anorexia, weight loss, insomnia, hepatotoxicity, seizures, and hallucinations.
This substance is often marketed as a treatment for muscle pain, panic attacks, anxiety and depression, as an appetite suppressant, as anti-cramping treatment, and as antidiarrhea treatment. Kratom is also sold as a treatment to help stop or reduce opioid or other substance use and to manage withdrawal symptoms and cravings related to opioids and other drugs. Users claim it works for mood enhancement and fatigue reduction, but safety issues and questions about its effectiveness are a public safety concern.
There are no FDA-approved uses for kratom and it is not legally marketed in the United States as a drug or dietary supplement. The FDA continues to collect information related to the use of kratom, including those incidents resulting in adverse events related to the use of the substance. Furthermore, current data suggest that certain substances in kratom have opioid properties that expose users to the risks of addiction, abuse and dependence.
Some local agencies, have prohibited the sale and distribution of kratom within their respective jurisdictions, including but not limited to the City of Newport Beach and the County of Orange. Kratom is not currently regulated at the federal level and there are no statewide prohibitions on the sale or possession of kratom within the state of California.
ANALYSIS/JUSTIFICATION:
The proposed ordinance would add a new Chapter 9.51 to the Stanton Municipal Code.
Among other things, it would add definitions for what it means to “distribute or “sell” kratom products within the City, and what a “kratom product” and kratom “leaf” means. The proposed ordinance makes it unlawful to “sell, advertise for sale, offer for sale, or distribute, directly or indirectly, any kratom product in the City.” The proposed ordinance allows the City to regulate kratom products and prosecute violations as a misdemeanor and/or administratively cite violators. 3 FISCAL IMPACT:
There is no fiscal impact related to this item. Should the proposed ordinance be adopted by the City Council, staff will notice retailers regarding the prohibition. Any costs associated with noticing efforts can be absorbed within the current budget.
ENVIRONMENTAL IMPACT:
Staff recommends the City Council find this proposed action is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
LEGAL REVIEW:
The City Attorney’s Office prepared the proposed Ordinance.
PUBLIC NOTIFICATION:
Through the normal agenda posting process.
STRATEGIC GOAL:
Goal 1. Provide a safe community.
Prepared by: HongDao Nguyen, City Attorney
Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:
A. Proposed Ordinance No. 1166
ORDINANCE NO. 1166
PAGE 1 OF 4
ORDINANCE NO. 1166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADDING CHAPTER 9.51 (PROHIBITION OF THE SALE AND DISTRIBUTION OF KRATOM AND KRATOM PRODUCTS) TO TITLE 9 (PEACE, SAFETY AND MORALS)
OF THE CITY OF STANTON MUNICIPAL CODE
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California, authorized under its police powers to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the U.S. Drug Enforcement Administration (“DEA”) has asserted that consumption of kratom produces both stimulant effects (in low doses) and sedative effects (in high doses), and can lead to psychotic symptoms, psychological and physiological dependence, addiction, hallucinations, delusion, confusion, nausea, itching, sweating, dry mouth, constipation, increased urination, loss of appetite, anorexia, weight loss, and insomnia. The DEA has labeled kratom a “Drug and Chemical of Concern”; and WHEREAS, the U.S. Food and Drug Administration (“FDA”) has asserted that an estimated 1.7 million Americans used kratom in 2021, often to self-treat conditions without medical supervision, despite FDA warnings that kratom is not appropriate for use as a medical treatment or dietary supplement. Kratom has been found to be associated with serious health risks including, but not limited to, seizures, liver toxicity, physical dependence, substance abuse disorder, and neonatal abstinence syndrome in which newborns exposed to kratom prior to birth experience withdrawal signs such as jitteriness, irritability, and muscle stiffness, and even death; and WHEREAS, the FDA has not approved any prescription or over-the-counter drug products containing kratom or its two main chemical components, mitragynine and 7- hydroxymitragynine; and
WHEREAS, on April 12, 2019, the U.S. Center for Disease Control and Prevention (“CDC”) published a report, “Notes from the Field: Unintentional Drug Overdose Deaths with Kratom Detected – 27 States, July 2016 – December 2017,” which provides that: (1) kratom use has recently increased in the United States where it is usually marketed as a dietary or herbal supplement; (2) studies suggest that kratom has the potential for creating user dependence and abuse; and (3) reports have documented several overdose deaths involving kratom; and
WHEREAS, kratom products are not federally regulated in the United States and are not subject to government-mandated safety checks, resulting in a lack of oversight and accepted safety standards for use, regulation of ingredients, purity levels, and dosage; and
WHEREAS, local agencies have prohibited the sale or distribution of kratom within their respective jurisdictions, including, but not limited to, the City of Newport Beach and the County of Orange; and
Attachment: A
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ORDINANCE NO. 1166
PAGE 2 OF 4
WHEREAS, in the interest of the health, welfare, and safety of the people, the City Council desires to prohibit the sale and distribution of any product containing kratom within the jurisdictional boundaries of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2: CEQA. City Council finds the introduction and adoption of this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3: Code Amendments. Chapter 9.51 (Prohibition of the Sale and Distribution of Kratom and Kratom Products) is added to Title 9 (Peace, Safety and Morals) of the Stanton Municipal Code to read in its entirety as follows:
“CHAPTER 9.51 (PROHIBITION OF THE SALE AND
DISTRIBUTION OF KRATOM AND KRATOM PRODUCTS)
§ 9.51.010 Definitions.
§ 9.51.020 Sale and Distribution of Kratom and Kratom Products Prohibited. § 9.51.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:
“Distribution” means to furnish, give away, exchange, transfer, deliver or supply, whether or not for monetary gain.
“Kratom product” means the leaf of the plant Mitragyna speciosa or any food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption that contains any part of the leaf of the plant Mitragyna speciosa or any extract, synthetic alkaloid, or synthetically derived compound of such plant or its leaf including, but not limited to, any powder capsule, bill, beverage, or other edible product intended for human consumption. “Leaf” means any or all parts of the leaf of the plant Mitragyna speciosa that contains mitragynine or 7-hydroxymitragynine.
“Sell” or “sale” means to furnish, exchange, transfer, deliver, or supply for monetary gain.
ORDINANCE NO. 1166
PAGE 3 OF 4
§ 9.51.020 Sale and Distribution of Kratom and Kratom Products Prohibited.
It is unlawful to sell, advertise for sale, offer for sale, or distribute, directly or indirectly, any kratom product in the City.”
SECTION 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5: Effective Date. This Ordinance No. 1166 shall be effective 30 days after its adoption.
SECTION 6: Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted consistent with state law.
PASSED, APPROVED, AND ADOPTED this 9th day of December, 2025.
DAVID J. SHAWVER, MAYOR
ATTEST:
PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ORDINANCE NO. 1166
PAGE 4 OF 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1166 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 25th day of November, 2025 and was duly adopted at a regular meeting of the City Council held on the 9th day of December, 2025, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 25, 2025
SUBJECT: ENGINEERING AND TRAFFIC SURVEY FINDINGS FOR WESTERN AVENUE
REPORT IN BRIEF:
In response to a City Council-initiated item from May 2025, staff reviewed the most recent Engineering and Traffic Survey (2024) for Western Avenue to determine whether posted speed limits remain appropriate and whether speeding is occurring at a level that warrants corrective action. The survey data indicates that the majority of motorists are traveling within the posted speed limits, and no speed limit changes are warranted under State of California requirements.
RECOMMENDED ACTION:
1. City Council find that the recommended actions are exempt from CEQA per Section15378(b)(5) which excludes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and
2. Receive and file the Engineering and Traffic Survey findings related to Western Avenue.
BACKGROUND:
At the May 27, 2025, City Council meeting, Mayor Pro Tem Torres requested that this item be agendized to discuss speed limits along Westen Avenue. In response, staff reviewed this corridor from north to south city limits.
Under California Vehicle Code requirements, speed limits must be supported by an Engineering and Traffic Survey (E&TS) and must reflect the speed at or below which 85 percent of motorists travel under free-flowing conditions. This prevents unjustified enforcement and ensures speed limits are based on typical driver behavior rather than isolated violations.
Item: 12B
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2 The citywide E&TS was conducted in March 2024 and includes four study segments along Western Avenue. The survey serves as the controlling reference for evaluating speeding conditions and posted limits.
ANALYSIS/JUSTIFICATION:
Definition of an Engineering-Validated Speeding Concern:
A roadway is generally considered to have a speeding concern when a majority of vehicles are traveling more than the posted speed limit. Isolated violations do not constitute a systemic speeding condition and do not support changes to posted limits.
Perception of Speeding vs. Documented Operating Speeds:
Speeding concerns expressed by the public are often based on visual observation of individual vehicles. These assumed individual violations can create the perception that the roadway as a whole is widely abused by speeding drivers.
The E&TS measures the speed of all vehicles, not just the fastest. In this case, the data demonstrates that the prevailing speed of traffic is consistent with the posted speed limit, and the 85th percentile speed (the primary engineering standard for speed zoning) falls within an acceptable range for all four study segments.
In other words, any perception of widespread speeding along Western Avenue is not supported by field-verified traffic data, although individual violators may exist and may be observed more frequently by those who live, work, or commute along the corridor.
Although the majority of drivers are traveling at compliant speeds, residents and businesses may observe the same violators traveling through the corridor at predictable times. These drivers are typically familiar with the roadway, commute-based, and follow repetitive weekday patterns.
The 2024 E&TS results indicate that prevailing speeds along Western Avenue are consistent with posted limits and do not warrant adjustment. All four study segments recorded 85th percentile speeds within ~5 miles per hour of the posted limits, which is within the allowable engineering threshold.
Segment Posted Speed
Limit
85th Percentile
Speed Recommendation
Palais Rd (NCL) to
Cerritos Ave 40 mph 43.6 mph No change
Cerritos Ave to
Katella Ave 40 mph 40.1 mph No change
Katella Ave to
Orangewood Ave 40 mph 44.7 mph No change
Orangewood Ave to
Simmons Pl (SCL) 45 mph (SB only) 46.5 mph No change; install NB sign for consistency (Engineering & Traffic Survey, pp. 14 & 17)
3 Where individual violators are the primary source of concern rather than the general speed profile of the corridor, the following non-engineering measures may be used:
1. Targeted Enforcement – Based on recurring time-of-day observations provided by the public.
2. Speed Feedback Trailer Deployment – Raises speed awareness.
3. Community Reporting Coordination – Residents may email or call Public Works or the Sheriff’s Department with observed time windows of repeated violations.
These measures may allow for corrective action without artificially lowering speed limits, which would not comply with State law and would not be enforceable in court. The E&TS confirms that Western Avenue does not exhibit a systemic speeding condition, and the posted limits are appropriate under State requirements. However, individual violators may be addressed through targeted enforcement and awareness tools.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
The recommended actions are exempt from CEQA per Section 15378(b)(5) which excludes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Notifications and advertisement were performed as prescribed by law.
STRATEGIC GOAL:
Goal 5: Maintain and promote a responsive, high-quality and transparent government.
Prepared by: Elias Garcia, P.E., T.E., Assistant City Engineer Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Approved by: Hannah Shin-Heydorn, City Manager