Agenda — Stanton City Council, June 9, 2026 (part 1 of 2)

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

NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council / Successor Agency / Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on June 9, 2026, commencing at 5:30 p.m. at 7800 Katella Avenue, Stanton, CA 90680 (Council Chambers).

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

Dated: June 4, 2026
s/ Patricia A. Vazquez, City Clerk / Secretary

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

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

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

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

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

2. Dial in the following Meeting ID: 897 2074 1790 to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/89720741790?pwd=yVKaOLuUDWGnapgsLwraOGLpSavoMS.1

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

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

NOTICE AND CALL

CITY COUNCIL

SUCCESSOR AGENCY

HOUSING AUTHORITY

SPECIAL MEETING
Stanton City Council Agenda Prepared by the Office of the City Clerk June 9, 2026

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

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

2. Dial in the following Meeting ID: 897 2074 1790 to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/89720741790?pwd=yVKaOLuUDWGnapgsLwraOGLpSavoMS.1

However, the official record will include all e-mailed comments received until the close of the meeting.

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

AGENDA

SPECIAL AND JOINT REGULAR MEETING

CITY COUNCIL

SUCCESSOR AGENCY

HOUSING AUTHORITY
TUESDAY, JUNE 9, 2026
CLOSED SESSION - 5:30 P.M.

JOINT REGULAR SESSION - 6:30 P.M.

STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245 or via e-mail at [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

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

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

1. CLOSED SESSION(5:30 PM)

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

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

4. CLOSED SESSION
4A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Number of Potential Cases: 2
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5. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)

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

7. PLEDGE OF ALLEGIANCE

8. SPECIAL PRESENTATIONS AND AWARDS
A. Presentation of certificates of recognition honoring Orange County Sheriff’s Department Deputies Louis Aguilar and Gustavo Chacon Ramos on being awarded the Orange County Sheriff’s Department Medal for Lifesaving.

B. Presentation of certificate of recognition honoring Orange County Sheriff’s Department Investigator Kenneth Murphy on being awarded the Orange County Sheriff’s Department, Stanton Police Services’ Deputy of the Year for 2025.

C. Presentation of proclamation declaring mid-summer through early autumn 2026, as Wildfire Awareness and Prevention Season within the City of Stanton.

D. Update on City’s homeless outreach activities.

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

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

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

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.

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9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated May 2, 2026 – May 15, 2026, in the amount of $2,026,273.41.
9C. APPROVAL OF MINUTES

1. City Council/Successor Agency/Housing Authority approve Minutes of Special Meeting May 26, 2026; and

2. City Council/Successor Agency/Housing Authority approve Minutes of Special Meeting June 2, 2026.
9D. SELECTION OF FIREWORKS LICENSEES FOR 2026
Staff is requesting that the City Council select a licensee for 2026 fireworks sales.

RECOMMENDED ACTION:

1. City Council find that the action is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the State CEQA Guidelines as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where is can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

2. Award a fireworks sales license to Boys & Girls Club of Stanton. 9E. ACCEPTANCE OF CITY OF STANTON COMMUNITY CENTER IMPROVEMENT PROJECT – BACKUP GENERATOR (TASK CODE NO. 2023-603) BY THE CITY

COUNCIL OF THE CITY OF STANTON, CALIFORNIA
The City of Stanton Community Center Improvement Project – Backup Generator which consisted of the installation of a backup generator, separately purchased by the City, is now complete. The final construction cost for the project totaled $338,608.00. The City Engineer, in his best judgment, certifies that the work was satisfactorily completed as of April 17, 2026. It is recommended that the City Council accept the completed work performed on this project.

RECOMMENDED ACTION:

1. City Council declare that this project is categorically exempt under the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(a) as operation, repair, and minor interior or exterior alterations of existing public facilities; and Stanton City Council Agenda Prepared by the Office of the City Clerk June 9, 2026

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2. Accept the completion of the Stanton Community Center Improvement Project – Backup Generator, as certified by the City Engineer, and affix the date of completion of April 17, 2026 as the date of completion of all work associated with this project; and

3. Approve the final cost of construction for the contract amount of $338,608.00 with Leddy Power Systems, Inc.; and

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

5. Direct City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Leddy Power Systems, Inc. in the amount of $15,678.52.
9F. ACCEPTANCE OF THE CITYWIDE STREET SIGN REPLACEMENT PROJECT (PHASE 2) (TASK CODE NO. 2022-102) BY THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA
The Citywide Street Sign Replacement Project (Phase 2) which consisted of replacing approximately 575 residential street name signs has been completed. The final construction cost was $177,000.00, $3,090.00 above the contract award amount of $173,910.00 due to two contract change orders utilizing the project contingency. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of April 30, 2026, and recommends that the City Council accept the completed work performed on this project.

RECOMMENDED ACTION:

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

2. Accept the completed improvements for the Citywide Street Sign Replacement Project (Phase 2) as certified by the City Engineer, and establish April 30, 2026, as the official date of completion; and

3. Approve the final construction contract amount of $177,000.00 with Square Signs LLC dba Front Signs; and

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

5. Direct City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Square Signs LLC dba Front Signs in the amount of $8,850.00.

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9G. APPROVAL OF SIXTH AMENDMENT EXTENDING THE CONTRACT WITH QUALITY MANAGEMENT GROUP, INC. TO PROVIDE PROFESSIONAL PROPERTY

MANAGEMENT SERVICES
Quality Management Group, Inc. (QMG) has been providing professional property management services for the City/Housing Authority-owned properties within the TinaPacific neighborhood since 2020. The professional services agreement, as currently amended, expires on June 30, 2026. If approved, this Sixth Amendment will extend the term of the agreement through June 30, 2027 and increase the not-to-exceed compensation amount to cover 12 months of professional property management services.

RECOMMENDED ACTION:

1. Authority Board/City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and

2. Approve the Sixth Amendment to the existing agreement with Quality Management Group, Inc. extending the term by 12 months and the associated not-to-exceed compensation amount by one hundred twenty-seven thousand one hundred dollars ($127,100); and

3. Authorize the Executive Director/City Manager to execute the Sixth Amendment to the existing agreement with Quality Management Group, Inc.
9H. APPROVE SUBMITTAL OF THE RENEWED MEASURE M ELIGIBILITY PACKAGE

AND ITS COMPONENTS
The Orange County Transportation Authority (OCTA) requires that local jurisdictions comply with a variety of requirements to remain eligible to receive renewed Measure M2 funding. The proposed action will approve the submittal of items to keep the City eligible to receive annual fair share and competitive grant funds. Upon approval by the City Council, the documents will be submitted to OCTA prior to the due date of June 30, 2026.

RECOMMENDED ACTION:

1. City Council find the submittal, adoption, and resolutions exempt from CEQA per Section 15378(b)(5) [Project does not include]: organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and

2. City Council adopt the Measure M Seven Year Capital Improvement Program (CIP) for fiscal years 2026-27 through 2032-33; and

3. Adopt Resolution No. 2026-18 concerning the status and update of the Local Signal Synchronization Plan for the Measure M (M2) Program, entitled:

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“RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON

CONCERNING THE UPDATE OF THE LOCAL SIGNAL
SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM”;
and

4. Submit the Maintenance of Effort Reporting Form and supporting documentation for the City of Stanton to OCTA, and direct the Finance Director to certify this form; and

5. Direct the City Engineer to file the adopted CIP and the Measure M eligibility documents with OCTA in compliance with the requirements of OCTA Ordinance No.

3. 9I. APPROVAL OF THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH MSW CONSULTANTS TO PROVIDE SOLID WASTE MANAGEMENT

CONSULTING SERVICES
MSW Consultants has been providing environmental consulting services since 2021. The Second Amendment to the professional services agreement will expire on June 30, 2026.

If approved, this Third Amendment will allow MSW Consultants to continue providing services through June 30, 2027, at current rates.

RECOMMENDED ACTION:

1. City Council find that the recommended actions are exempt from CEQA per Section15378(b)(5) [Project does not include]: organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and

2. Approve the Third Amendment to the Professional Services Agreement with MSW Consultants 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 Third Amendment to the Professional Services Agreement with MSW Consultants with a not-to-exceed amount of $527,040.

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9J. RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2026-2027 TO BE FUNDED BY SB 1
The proposed resolution approves a list of projects to be funded by SB 1, The Road Repair and Accountability Act of 2017, for Fiscal Year 2026-2027.

RECOMMENDED ACTION:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) of the State CEQA Guidelines because CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

2. Adopt Resolution No. 2026-17, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON

ADOPTING A LIST OF PROJECTS FOR THE CITY OF STANTON
FISCAL YEAR 2026-2027 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.”
9K. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR RETAIL

MARKET ANALYSIS AND RETAIL RECRUITMENT SERVICES
At its Budget Workshop on May 27, 2025, the City Council directed staff to procure professional economic development consulting services for retail market analysis and retail recruitment services. At its meeting on June 24, 2025, the City Council approved a professional services agreement with The Retail Coach (“Retail Coach”) for retail market analysis and retail recruitment services. The partnership with Retail Coach over the past year has been productive and has resulted in new economic development opportunities for the City. Council will consider extending the term and compensation of the original agreement to secure an additional 12 months of professional services.

RECOMMENDED ACTION:

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

2. Authorize the City Manager to enter into a First Amendment to the Professional Services Agreement with The Retail Coach to provide retail market analysis and retail recruitment services for an additional year extending the term from July 1, 2025 – June 30, 2027 and increase the not-to-exceed compensation by $23,000, in a form approved by the City Attorney.

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9L. AWARD OF CONTRACT TO INTEGRATED DEMOLITION AND REMEDIATION, INC.

FOR THE 8941 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 $75,000
At its meeting of November 26, 2024, the City Council declared a local emergency caused by conditions and threatened conditions of homelessness within the City of Stanton. The Tina Pacific neighborhood has been particularly impacted by the state of emergency, with transients and homeless individuals regularly trespassing and breaking into vacant units.

In fact, in 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 homelessness-related have increased by 162 percent from 2023 to 2024 within the City, and the intensity and severity of complaints from Tina Pacific residents in relation to homelessness-related issues has increased over the last eighteen 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 8941 Pacific Avenue to prevent 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

3. Approve an additional allocation of $75,000 from the Housing Authority Fund (#285) Fund Balance to Housing Authority Capital Outlay for an amended total budget of $75,000; and

4. Award a construction contract to Integrated Demolition and Remediation, Inc., to provide professional demolition and abatement services in the amount of $75,000; 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 Stanton City Council Agenda Prepared by the Office of the City Clerk June 9, 2026

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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.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS None.

12. NEW BUSINESS
12A. REVIEW AND APPROVE THE DRAFT PROPOSITION 218 PUBLIC HEARING NOTICE

REGARDING PROPOSED RATE INCREASES TO SOLID WASTE SERVICES The City of Stanton has an exclusive franchise with CR&R, Inc. (“CR&R”) for the collection, disposal, recycling, and processing of solid waste, green waste, food scrap waste, and recycling within the City. CR&R is proposing to increase the rates it charges for the collection and handling of solid waste within the City to account for annual inflationary rate increases and increased landfill tipping fees imposed by OC Waste & Recycling.

The franchise agreement establishes a process for adjusting the rates that CR&R charges ratepayers in the City for the solid waste services it provides. The agreement provides that the rates that CR&R charges shall be adjusted each year for inflationary increases.

Consequently, the solid waste fees are proposed to be adjusted based on the annual percentage change in the Consumer Price Index (“CPI”) for the Los Angeles-Long BeachAnaheim metropolitan area beginning September 1, 2027, and each September 1 thereafter through and including September 1, 2030. However, the City’s franchise agreement with CR&R ensures that such CPI increases shall not exceed the median of rates for similar services in 13 nearby North County cities.

The franchise agreement also provides that the rates charged by CR&R may be adjusted for other extraordinary costs, including extraordinary changes in the tipping fee charged by a landfill owned or operated by the County of Orange.

Beginning in July 2026, OC Waste & Recycling will begin an 85% increase in landfill tipping fees phased in over a 3-year period. The current tipping fee of $43.76 per ton will be increased to $67.00 per ton effective July 1, 2026. Thereafter, the tipping fee will increase to $74.00 per ton on July 1, 2027, and then to $81.00 per ton on July 1, 2028.

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based on the City’s agreement with the County of Orange for CPI adjustments. 60% of the increase shall be comprised of the CPI published by the Bureau of Labor Statistics for all Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG). The remaining 40% of the increase shall be comprised of the CPI for All Urban Consumers, not seasonally adjusted, all items index – all items in Los Angeles-Long Beach-Anaheim (CUURS49ASA0).

RECOMMENDED ACTION:

2. It is recommended that the City Council review and approve the draft Proposition 218 public hearing notice regarding the proposed rate increases for solid waste services. 12B. ADOPTION OF THE FISCAL YEAR 2026/27 OPERATING AND CAPITAL BUDGET FOR THE CITY OF STANTON AND STANTON HOUSING AUTHORITY; APPROVE EMPLOYEE BENEFITS AND SALARY RATES FOR FISCAL YEAR 2026/27; APPROVE THE AMENDED POSITION CLASSIFICATION MANUAL; ADOPT THE FISCAL YEAR 2026/27 APPROPRIATIONS LIMIT; ADOPT FISCAL YEAR 2026/27 RESERVE POLICY; WAIVE COMPETITIVE BIDDING REQUIREMENTS FOR CERTAIN COMMODITY PURCHASES; APPROVE AMENDMENT NUMBER ONE TO THE LAW ENFORCEMENT SERVICES CONTRACT FOR FISCAL YEAR 2026/27 (COUNTY OF ORANGE); AND APPROVE INTERFUND TRANSFERS FOR FISCAL YEAR 2026/27
During a special City Council meeting held on June 2, 2026, the City Council reviewed the Proposed Operating and Capital Budget for Fiscal Year 2026/27. During the meeting, the City Council approved several decision packages that resulted in total appropriations increasing by approximately $878,306, of which $293,896 applies to the General Fund.

As a result, total Fiscal Year 2026/27 proposed appropriations (for all City Funds) increased from $48.5 million (as of June 2, 2026) to $49.4 million. The Proposed Budget for Fiscal Year 2026/27 is provided as Attachment A.

In addition to adopting the Fiscal Year 2026/27 Operating and Capital Budget, staff is recommending City Council approval of the following:
• Annual approval of employee benefits and salary rates (Attachment D); • Approval of amended position classification manual (Attachment E); • Annual approval of the City’s appropriation limit (Attachment F); • Annual approval of the City’s Reserve Policy (Attachment G); • Annual approval waiving competitive bidding for certain commodity purchases; and,
• Approval of Amendment Number One to the Law Enforcement Services Contract with the County of Orange (Attachment H).

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Lastly, staff is planning to close two City funds as of June 30, 2026:
• The Employee Benefits Internal Services Fund (#604); and • The North Orange County Public Safety Collaborative Grant Fund (#271).

Staff is seeking City Council approval to transfer all remaining assets and liabilities in these funds to other City funds and/or close out the fund as of June 30, 2026.

RECOMMENDED ACTION:

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

2. Adopt Resolution No. 2026-25 adopting the City’s Fiscal Year 2026/27 Operating and Capital Budget, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADOPTING THE FISCAL YEAR 2026/27 OPERATING

AND CAPITAL BUDGET AND AUTHORIZING EXPENDITURES AND
APPROPRIATIONS RELATED THERETO”; and

3. Adopt Resolution No. SHA 2026-01 adopting the Stanton Housing Authority’s Fiscal Year 2026/27 Operating and Capital Budget, entitled:
“A RESOLUTION OF THE STANTON HOUSING AUTHORITY OF THE

CITY OF STANTON, CALIFORNIA, ADOPTING THE FISCAL YEAR
2026/27 OPERATING AND CAPITAL BUDGET AND AUTHORIZING
EXPENDITURES AND APPROPRIATIONS RELATED THERETO”; and

4. Adopt Resolution No. 2026-19 approving the employee benefits and salary rates, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, REGARDING EMPLOYEE BENEFITS AND SALARY
RATES FOR ALL CLASSES OF EMPLOYMENT”; and

5. Adopt Resolution No. 2026-20, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, AMENDING THE POSITION CLASSIFICATION
MANUAL”; and
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6. Adopt Resolution No. 2026-26 approving the appropriations limit for Fiscal Year 2026/27, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA ADOPTING ITS ARTICLE XIIIB APPROPRIATION
LIMITATION (GANN LIMITATION) FOR FISCAL YEAR 2026/27”; and

7. Adopt Resolution No. 2026-27 approving the City’s Reserve Policy, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, APPROVING THE CITY OF STANTON RESERVE POLICY FOR FISCAL YEAR 2026/27”; and

8. Waive the competitive bidding requirements for certain commodity purchases (e.g., asphalt, sand, fuel, metal sheets, plywood and paint) during Fiscal Year 2026/27; and

9. Authorize the City Manager to execute Amendment Number One to the Law Enforcement Services Contract with the County of Orange for the provision of law enforcement services; and

10.Authorize staff to close the Employee Benefits Internal Services Fund (#604) and transfer all assets and liabilities to the appropriate funds as presented in the Net Position Government accounting presentation as of June 30, 2026; and

11.Authorize staff to close the North Orange County Public Safety Collaborative Grant Fund (#271).
12C. FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT For consideration is the Fourth Amendment to the Employment Agreement between the City and Hannah Shin-Heydorn regarding the position of City Manager.

RECOMMENDED ACTION:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2), continuing administrative or maintenance activities, such as purchase of supplies, personnel-related actions, general policy, and procedures making; and

2. Authorize the Mayor to approve and execute the Fourth Amendment to Employment Agreement with Hannah Shin-Heydorn.

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

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

14. WRITTEN COMMUNICATIONS None.

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

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

Currently Scheduled: None.

Stanton City Council Agenda Prepared by the Office of the City Clerk June 9, 2026

Page 15 of 15 ends

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

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 4th day of June, 2026. s/ Patricia A. Vazquez, City Clerk/Secretary
May 2, 2026 - May 15, 2026
Payments to Vendors:

Electronic Draft Payments EFT (1) 1,548,818.23
Bank Drafts Payments 133,255.10Check Payments 140176-140231 185,117.31 Total Payments to Vendors 1,867,190.64 $
Direct Deposit Payments (3):

Payroll dated May 7, 2026 159,082.77
Total Direct Deposit Payments $ 159,082.77
TOTAL PAYMENTS $ 2,026,273.41
Notes:
1 EFTs are electronic payments processed via a file exported from the City's Finance system and uploaded to the City's bank account. The City's Finance system designates these payment transactions as "EFT". 2 EFT Bank Drafts are auto-payments scheduled by the vendor as a monthly draft from the City's bank account mainly setup for utility payments. A specific transaction number is not assigned 3 Represents the total net payroll paid through direct deposit on pay date.

Demands listed on the attachedregisters are accurate and fundsare available for payment thereof.

Finance Director
Budget as approved by the City Council.

City Manager Acting Accounting Manager
conform to the City of Stanton Annual

CITY OF STANTON

WARRANT REGISTER
EFT - Bank Drafts (2)
Demands listed on the attached registers
Acting Accounting Manag
py
Fi Di t
Hannah Shin-Heydorn
Item: 9B
Click here to return to the agenda.

Check Date Check Number Check Amount Vendor Bill Number Bill Memo Total Bill Amount (Sum) 93632-042226 Electricity for 11820 Santa Paula for Apri 26 $37.25 03668-042226 Electricity for 7635 Chapman anf 7699 Chapman for 3/23/26-4/21/23 $86.73 104118343 Deposit Refund $103.00
101833328 Deposit Refund $309.00
101904076 Deposit Refund $310.00
102438305 Deposit Refund $103.00
101882467 Deposit Refund $310.00
49235-042426 Electricity for 11100 Cedar for April 26 $2,767.6078802-042426 Electrcity for City Hall and FRC for Apr 26 $5,707.85 5/8/2026 JE2605000801 $37,522.83 US Bank (April CalCard) JE2605000801 US Bank (April CalCard) $37,522.83 103042425 Event Security Refund $8.06
104736381 Deposit Refund $275.00
102751908 Event Security Deposit Refund $206.57
00000086/1 $1,348,088.68 OC TREASURER-TAX COLLECTOR (EFT) SH 74120 SH 74120 (OCSD Contract Svcs. May 26) $1,348,088.68 BD_CIVICREC_051126 $3.32 CIVICREC 99550942 Line Dancing Refund $3.32 BD_SCE_051126 $91.40 SO CAL EDISON 58156-042826 Electricity for 10671 Western for Apr 26 $91.40 5/12/2026 BD_SCE_051226 $1,204.97 SO CAL EDISON 60954-042926 Electricity for signals in City for Apr 26 $1,204.97 104046807 Deposit Refund $103.00
102790465 Deposit Refund $103.00
86548408 Deposit Refund $300.00
102873685 Deposit Refund $206.00
103091314 Deposit Refund $103.00
BD_EDD_051326 $9,163.06 EDD 26BW09:4/19/2026-5/2/2026 Tax Withholding PPE 5/2/2026 $9,163.06 BD_IRS_051326 $26,186.73 INTERNAL REVENUE SERVICE 26BW09:4/19/2026-5/2/2026 Tax Withholding PPE 5/2/2026 $26,186.73 BD_MIS_051326 $2,990.00 MISSIONSQUARE 26BW09:4/19/2026-5/2/2026 Def Comp. PPE 5/2/2026 $2,990.00 44111-050126 Electricity for City owned streetlights for Apr 26 $5,461.3886342-050142 Electricity for utility owned streetlights for Apr 26 $5,167.2478069-050126 Electricity for 7172 Kermore Lane for Apr 26 $20.16 78692-050126 Electricity for City Owned streetlights for Apr 26 $1,154.5412746-050126 Electricity for City Parks for Apr 26 $533.89 00000087/1 $4,323.10 BENEFIT COORDINATORS CORPORATION 18870 May 2026 Life Ins. $4,323.1000000087/2 $1,495.61 PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA 26BW09:4/19/2026-5/2/2026 Def Comp PPE 5/2/2026 $1,495.61 140176 $1,758.00 11020 MERCANTILE STANTON LLC Permit #2026-147 Grading Plan Check Refund for bldg permit #2026-147 $1,758.00 140177 $1,650.00 ALLIANCE ENVIRONMENTAL GROUP LLC 8U167 Sr. Housing Rehabilitation Grant Prog. - Soto Residence $1,650.00 140178 $2,540.00 ALPHA TRAFFIC SERVICES INC 15422 Beach Blvd Turn Restrictions $2,540.00 140179 $58.00 ALTA LANGUAGE SERVICES, INC IS844696 Listening and Speaking Test (x1) $58.00 25129778 Calnet services for Cerritos Intercon for 3/20/26-4/19/26 $187.58 25183752 Calnet services for Cerritos/ Dale for Apr 26 $31.91 25184064 Calnet services for Cerritos/ Knott for Apr 26 $31.91 140181 $1,197.00 BADGER METER, INC. 1793219 Smart meter for Thunderbird Lane $1,197.00 140182 $196.00 BRYCE HAINES BH5426 Instructor payment for Winter/Spring 2026 Season $196.00 140183 $6,182.82 CALIFORNIA DEPARTMENT OF TRANSPORTATION SL260796 Signal and Lighting billing for Beach Blvd for Jan 26-Mar 26 $6,182.82 140184 $103.00 COMMUNITY CONNECT 103428586 Deposit Refund $103.00 140185 $2,370.66 COVER YOUR BRASS 9017 Install backflow at City Yard hydrant $2,370.66 140186 $686.00 CYNTHIA BINOYA HARGROVE CB5426 Instructor payment for Winter/Spring 2026 Season $686.00 140187 $170.00 ECONO TIRE, INC 34651 New tire for 2019 tacoma $170.00 140188 $279.94 EDITH LUCERO April 2026-OCSD OCSD Chief's Conf. Reimbursement 4/21/26 $279.94 37417 Deep Cleaning Services at Corps Yard Breakroom (2 Fridges) $76.88 37264 Janitorial' services for Apr 26 $6,469.32
140190 $3,947.00 FORVIS MAZARS LLP 2838652 State Controller Reporting Fiscal Year 2025 $3,947.00 Warrant Report Detail City of Stanton
May 2, 2026 - May 15, 2026
5/5/2026 BD_SCE_050526 $123.98 SO CAL EDISON
5/6/2026 BD_CIVICREC_050626 $1,135.00 CIVICREC
BD_SCE_050626 $8,475.45 SO CAL EDISON
5/8/2026 BD_CIVICREC_050826 $489.63
5/11/20265/13/2026

CIVICREC
$815.00 CIVICREC
BD_SCE_051326 $12,337.21 SO CAL EDISON
BD_CIVICREC_051326
5/14/2026
140180 $251.40 AT&T
140189 $6,546.20 EXECUTIVE FACILITIES SERVCES, INC
Check Date Check Number Check Amount Vendor Bill Number Bill Memo Total Bill Amount (Sum) 140191 $5,200.00 FREDERIC A NICHOLS 2026-9830895-01 Preparation of State Mandated Claims Reimbursements $5,200.00140192 $80.45 FUSION CONNECT, INC. 1029527168 LAN Lines/SCP 4/20/26 - 5/19/26 $80.45 140193 $45.00 GOLDENWEST LAWNMOWERS 488504 STIHL TOP HANDLE CHAINSAW $45.00 140194 $1,200.00 GOVSENSE, LLC IN-GS002723 Stanton - ERP Analysis & Config $1,200.00 140195 $10.92 GRAINGER, INC. 9882656201 2 max occupancy signs $10.92 140196 $678.50 HARPER & BURNS, LLP 378 Invoice 378 Stanton, City of $678.50 140197 $832.63 HI STANDARD AUTOMOTIVE LLC 30673 the safety lights installed on the new Public Works Tacoma $832.63 94717 Installed dogging assembly and tested panic bar in Council Lobby $181.74 94646 Duplicate keys $53.83
94786 6 No 1 master padlocks A112 $136.70
STA1MS412601 NPDES Program Services for Jan 26 $4,613.50STA1MS412602 NPDES Program Services for Feb 26 $3,337.50STA1FOG12601 FOG Program Services for Jan 26 $7,869.00STA1FOG12602 FOG Program Services for Feb 26 $1,303.00 140200 $3,533.40 JOHN MCDONALD MSPDR-794 Refund applicable fees/AT&T/MSPDR-794 $3,533.40 101949038 Deposit Refund $310.00
101949038A Event Security Refund $20.07
140202 $8.97 LANGUAGE LINE SERVICES, INC 11922003 Document Translation and Phone Interpretation Services (April) $8.97 140203 $2,349.43 LONG BEACH BMW MOTORCYCLES 56500 Sheriff 2019 BMW R 1250 motorcycle CLUTCH repair $2,349.43 140204 $385.00 MAI BENNETT MB5426 Instructor payment for Winter/Spring 2026 Season $385.00 25573 42" WORKS A-FRAME $511.08
25574 One way traffic signs and markers $4,230.38
140206 $310.00 MARY PARMAR 101408695 Deposit Refund $310.00 140207 $209.71 MICHAEL TRAN 101413864A Event Security Refund $209.71 8668 OT Inspection and Staff Augmentation February '26 $11,880.008667 OT Inspection February '26 $960.00 140209 $18,284.40 ORACLE AMERICA, INC. 102338570 Oracle NetSuite for Government Cloud Service $18,284.40 140210 $8,000.00 PBK ARCHITECTS INC 18 Consulting service for Norm Ross for Apr 26 $8,000.00 140211 $135.00 PYRO-COMM SYSTEMS INC. 70647 Fire Alarm Monitoring OC Sheriff Sub Station - $135.00 140212 $791.70 QUADIENT LEASING USA, INC Q2299383 Postage Meter Lease 2/3/26 - 5/2/26 $791.70 140213 $560.00 QUANTUM ENVIRONMENTAL TESTING INC 6198 CDBG Sr. Housing Rehabilitation Grant - Post Lead Abatement Testing-Soto $560.00 140214 $4,960.72 RADAR ENVIRONMENTAL 3740 HHW removal from Yard $4,960.72 140215 $7,500.00 RICK DORN CONSTRUCTION 3558 Sr. Housing Rehabilitation Program-Soto Residence $7,500.00 140216 $4,374.00 RK PLUMBING HEATING AIR CONDITIONING 2588/2589 Sr. Housing Rehabilitation Grant Prog. - VanHorn Residence $4,374.00 268723 Anchors for traffic signs $428.85
268741 Street Stencils $242.44
268724 Traffic Signs for street medians $2,751.94268972 Street Overlays $53.88 140218 $12.01 SANI GASU 103042425 Event Security Refund $12.01 140219 $16,588.25 SCA OF CA, LLC CA0943250 Street sweeping services for May 26 $16,588.25 4714055 AQMD fees for FY 25/26 for Hot Spots for Sheriff $172.49 4711394 AQMD fees for FY 25/26 for Hot Spots for City $172.49 140221 $2,933.66 SOUTHERN CALIFORNIA EDISON COMPANY 7701326469 Operating Rent for Hollenbeck Park for 6/1/26-5/31/27 $2,933.66 140222 $54.38 SOUTHLAND AUTOMOTIVE WORKS 38104 Right rear trailer light repair $54.38 140223 $8,952.35 SOUTHWEST OFFSET PRINTING 210046 Printing of Stanton Express -Summer 2026 $8,952.35 140224 $2,935.50 SQUARE SIGNS LLC 96492 Citywide Street Sign Replacement Project Phase 2 $2,935.50 7009250200 Office Supplies/MAR-2026 $2,827.987009647173 Office Supplies/APR-2026 $634.39 140226 $105.00 TENNIS FACTORY TF5426 Instructor payment for Winter/Spring 2026 Season $105.00 140227 $1,770.27 VERIZON WIRELESS 6141217872 Mobile/Data Plans/Hotspots 3/17/26 - 4/16/26 $1,770.27 140228 $10,200.00 VINYL WINDOW BROKER INC 021426 Sr. Housing Rehabilitation Grant Program-Wong Residence $10,200.00 140229 $46.33 VISTA PAINT CORP 2026-371525-00 Gloves $46.33 140230 $1,683.94 WELLS FARGO VENDOR FINANCIAL SERVICES LLC 5038499595 MFD Equip Lease/Copiers (6)/Wide-Format Scanner Plotter (1) 5/8/26 - 6/7/26 $1,683.94 90006610R Release Retention for Streetlight Upgrades Project $3,811.5090009195 STL Maintenance March 2026 $758.40 90009194 TS Maintenance March 2026 $1,138.505610007970 TS Callouts March 2026 $4,050.11

HILL'S BROS LOCK & SAFE INC
140199 $17,123.00 JOHN L. HUNTER & ASSOCIATES, INC.
140201 $330.07
140198 $372.27

KAREN NGUYEN
140205 $4,741.46 MANERI TRAFFIC CONTROL INC
140208 $12,840.00 ONWARD ENGINEERING
140217 $3,477.11 S C SIGNS & SUPPLIES LLC
140220 $344.98 SCAQMD
140225 $3,462.37 STAPLES BUSINESS CREDIT
140231 $9,758.51 YUNEX LLC
Check Date Check Number Check Amount Vendor Bill Number Bill Memo Total Bill Amount (Sum) 26BW09:4/19/2026-5/2/2026 Retirement Contribution PPE 5/2/2026 $31,414.02 100000018273895 2026 Replacement Benefit Contribution $992.50 BD_CIVICREC_051426 $310.00 CIVICREC 104687111 Deposit Refund $310.00 00000089/1 $26,598.20 A2Z CONSTRUCT INC 6 Retention Release for Task Code No. 2025-601 $26,598.20 00000089/10 $11,841.75 LEDDY POWER SYSTEMS, INC 3307-12 City Hall Backup Generator Project $11,841.75 00000089/11 $1,470.00 MERCEDES REBELLON CERNEKA MR5426 Instructor payment for Winter/Spring 2026 Season $1,470.00 022507 Emergency Call Out $13,125.00022490 Sewer Cleaning Services - February 2026 $31,437.90STCS003832 STCS003832 / 800Mhz 4th Quarter ST0 $10,947.05April 2026 County Share of Parking Citation Revenue (599) Citations)/APR-2026 $6,610.502026-05 Property Management Svcs/Tina Pacific Development/May-2026 $2,988.002026-05-PR CM & Maintenance Salaries/Tina Pacific Development/May-2026 $7,587.004193503 Sand for park playgrounds $210.11 4193508 Sand for park playground $210.11
797796 Fence rental 8970 Pacific Ave for May 26 $231.21 796770 Fence rental for Magnolia Ave & Tina Way for May 26 $603.27 00000089/17 $323.40 THE RINKS FOUNDATION TR5426 Instructor payment for Winter/Spring 2026 Season $323.40 00000089/18 $4,200.00 TOWNSEND PUBLIC AFFAIRS, INC 25265 Legislative Advocacy & Grant Writing Svcs/MAY-2026 $4,200.00 00000089/19 $6,997.95 U.S. TELEPACIFIC CORP 190002358-0 UCaaS/ISP/Firewall Mgmt Svcs/APR-2026 $6,997.95 00000089/2 $3,837.60 ALL CITY MANAGEMENT SVCS, INC. PS-INV105641 Crossing guard services for 4/12/26-4/25/26 $3,837.60 25-263774 California State Fee for Regulatory Costs May '26 $34.84 420260745 Monthly Database Maintenance Fee May '26 $134.70 00000089/21 $600.00 VAN RY MAINTENANCE 10195 Floor Cleaning - April 2026 $600.00 2094 KnowBe4 Mngmnt/Platform & Campaigns/MAY-2026 $250.00 2130 KnowBe4 Mngmnt/Platform & Campaigns/JUN-2026 $250.00 00000089/23 $120.00 XPRESS URGENT CARE STANTON 12323 April Physicals/TB Tests/Durg Screens $120.00 00000089/3 $1,680.00 ARACELY VILLARRUEL AV5426 Instructor payment for Winter/Spring 2026 season $1,680.00 Request 42 Replenishment Request/April Checks $288.66
Request 41 Account Replenishment for March Checks $614.92 00000089/5 $724.07 C3 TECHNOLOGY SERVICES INV218605 Sharp Copiers Managed Print Svcs 4/28/26 - 5/27/26 $724.07 5/12/2026 GL Trush Account Cash Call Request $15,000.004/27/2026 4/27/26 Trust Account Cash Call Request $10,000.005/6/206 Trust Account Fund Replenishment $20,000.00 00000089/7 $13,989.60 GREAT SCOTT TREE SERVICE, INC 122273 Tree services for March 2026 $13,989.60 00000089/8 $1,505.00 HARTZOG & CRABILL INC 26-0208 On-Call Traffic Operation Services for Apr 26 $1,505.00 00000089/9 $500.00 HASA INC. 1119039 Maintenance of Splash pads for Apr 26 $500.00 Grand Total $1,867,190.64
00000089/15
5/15/2026
00000089/12 $44,562.90 NATIONAL PLANT SVCS. INC
00000089/13 $17,557.55 OC TREASURER-TAX COLLECTOR (EFT) 00000089/14 $10,575.00
$420.22 RESOURCE BUILDING MATERIALS
00000089/16 $834.48 SO CAL INDUSTRIES00000089/20BD_CALPERS_051426 $32,406.52 CA ST PERS 103

QUALITY MANAGEMENT GROUP, INC
$169.54 UNDERGROUND SERVICE ALERT
00000089/22 $500.00 XCEPTIONAL NETWORKS INC
00000089/4 $903.58 ATHENS ADMINISTRATORS
00000089/6 $45,000.00 CLAIMS CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Special Meeting – May 26, 2026 - Page 1 of 4

MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY SPECIAL MEETING MAY 26, 2026

1. CLOSED SESSION None.

2. CALL TO ORDER
The City Council meeting was called to order at 6:33 p.m. by Mayor Shawver.

3. PLEDGE OF ALLEGIANCE
Led by Ms. Crystal Landavazo, Community & Economic Development Director.

4. ROLL CALL

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

Absent: None.

Excused: None.

5. CONSENT CALENDAR
Motion/Second: Warren/Barrios
Motion carried by the following vote:

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

CONSENT CALENDAR
5A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE

PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.

Item: 9C
Click here to return to the agenda.

Special Meeting – May 26, 2026 - Page 2 of 4
5B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated April 18, 2026 – May 1, 2026, in the amount of $904,030.27.
5C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Special and Joint Regular Meeting – May 12, 2026.
5D. MARCH 2026 INVESTMENT REPORT
The Investment Report as of March 31, 2026, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

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

2. Received and filed the Investment Report for the month of March 2026. 5E. MARCH 2026 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of March 31, 2026, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

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

2. Received and filed the Investment Report for the month of March 2026. 5F. MARCH 2026 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; STATUS OF CAPITAL

IMPROVEMENT PROGRAM
The Revenue and Expenditure Reports for the month end March 31, 2026, have been provided to the City Manager in accordance with Stanton Municipal Code Section 2.20.080 (D) and are being provided to the City Council. This report includes information on both the City’s General Fund and the Housing Authority Fund.

2. Received and filed the March 31, 2026 financial reports for the General Fund and Housing Authority Fund and Status of Capital Improvement Projects.

Special Meeting – May 26, 2026 - Page 3 of 4
5G. AWARD PROFESSIONAL SERVICE AGREEMENTS FOR THE NORM ROSS SPORTS PARK IMPROVEMENT PROJECT (TASK CODE NO. 2022-204) FOR DIVISION OF THE

STATE ARCHITECT INSPECTOR OF RECORD AND MATERIALS TESTING

LABORATORY OF RECORD SERVICES
The Division of the State Architect (DSA) requires an Inspector of Record and Material Testing Laboratory of Record services to ensure the Norm Ross Sports Park Improvement Project complies with DSA requirements. Staff recommends awarding Professional Services Agreements to TYR, Inc. for Inspector of Record services and American Engineering Laboratories, Inc. for Material Testing Laboratory of Record services, respectively, for the Norm Ross Sports Park Improvement Project.

1. The City Council declared that an IS/MND has been prepared for the Project under CEQA, and the IS/MND concluded that the Project will not result in any significant and unavoidable impacts to the environment; and

2. Awarded a Professional Services Agreement to TYR, Inc. for Inspector of Record services for the Norm Ross Sports Improvement Project in the amount of $158,400.00; and

3. Authorized the City Manager to approve a contingency, in the amount of $7,920.00 to TYR, Inc.; and

4. Awarded a Professional Services Agreement to American Engineering Laboratories, Inc. for Material Testing Laboratory of Record services for the Norm Ross Sports Improvement Project in the amount of $139,196.76; and

5. Authorized the City Manager to approve a contingency, in the amount of $6,960.00 to American Engineering Laboratories, Inc.

END OF CONSENT CALENDAR

SPECIAL ORDERS OF THE DAY

6. NEW BUSINESS
6A. ADOPT RESOLUTION RATIFYING PROCLAMATION NO. 2026-01 DECLARING THE

EXISTENCE OF A LOCAL EMERGENCY
According to fire and law enforcement reports, there is a toxic chemical leak from an aerospace manufacturing business located at 12122 Western Avenue in the City of Garden Grove. This location is in close proximity to the City of Stanton. As of the date of this report, fire and law enforcement authorities have imposed evacuation orders on portions of the City of Stanton. Resources from the Orange County Fire Authority, Orange County Sheriff’s Department/Stanton Police Department, Garden Grove Police Department, and the Orange County Health Department have already been deployed into the affected areas, including the City of Stanton. On May 22, 2026, the City Manager, acting as the City’s Director of Emergency Services, issued a proclamation proclaiming the existence of a local emergency. On May 23, 2026, the Governor issued a State of Emergency Proclamation for Orange County due to the Orange County chemical incident.

Special Meeting – May 26, 2026 - Page 4 of 4
Staff report by Ms. Hannah Shin-Heydorn, City Manager.

Presentations by Division Chief Matt Schuetz, Orange County Fire Authority, Captain Matthew J. Stafford, Orange County Sheriff’s Department, Mr. Colin Edwards, Representative, Office of Assemblymember Tri Ta, and Ms. Maddison Marks-Noble, Representative, Office of Senator Tony Strickland.

Public Comment:
• Ms. Meg Spellman, resident, inquired about the City’s ability to address the trauma caused by the incident, reimbursement options, who would be responsible for providing those reimbursements, and also questioned why the business had been allowed to continue operating despite receiving multiple citations. • Ms. Laura Surarez, resident, inquired about groundwater monitoring reports and whether there are baseline reports available from before the incident that can be compared to current reports.

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

The City Council declared that an IS/MND has been prepared for the Project under CEQA, adopted Resolution No. 2026-16 ratifying Proclamation No. 2026-01, declaring the existence of a local emergency in order to enhance the City’s emergency preparedness and overall readiness in as proactive a manner as possible, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE DIRECTOR OF EMERGENCY SERVICE’S
PROCLAMATION NO. 2026-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY.”

6. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 7:35 p.m.
_______________________________________
MAYOR
ATTEST:
_______________________________________

CITY CLERK
Special Meeting – June 2, 2026 - Page 1 of 4

MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY SPECIAL MEETING JUNE 2, 2026

1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 5:36 p.m. by Mayor / Chairman Shawver.

2. ROLL CALL

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

Absent: None.

Excused: None.

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.

4. CLOSED SESSION
The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 5:37 p.m. for discussion regarding:
4A. CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code section 54957.6)
Agency-designated Representatives: City Manager
Unrepresented Employees: All Employees

5. CALL TO ORDER / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 7:03 p.m.

6. ROLL CALL

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

Absent: None.

Excused: None.

7. PLEDGE OF ALLEGIANCE
Led by Ms. HongDao Nguyen, City Attorney.

Special Meeting – June 2, 2026 - Page 2 of 4
The City Attorney / Agency Counsel reported that the City Council / Successor Agency / Housing Authority met in closed session from 5:36 to 7:03 p.m.

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

SPECIAL ORDERS OF THE DAY

8. NEW BUSINESS
8A. INTRODUCTION OF THE FISCAL YEAR 2026/27 PROPOSED OPERATING AND

CAPITAL BUDGET
The proposed budget for Fiscal Year 2026/27 will be presented for City Council review and discussion as follows:
a. General Overview of Revenues and Expenditures
b. Status of Reserve Funds
c. Department Program Budgets
d. Capital Improvement Program
e. Decision Packages
Staff report by Ms. Hannah Shin-Heydorn, City Manager.

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

The City Council approved line items 1 – 5 listed within Decision Package – Priority A.

Decision Package – Priority B (Items 1 - 4)
Motion/Second: Shawver/Taylor
ROLL CALL VOTE: Council Member Barrios AYE
Council Member Torres AYE
Council Member Warren AYE
Mayor Pro Tem Taylor AYE
Mayor Shawver AYE
Motion unanimously carried:

Special Meeting – June 2, 2026 - Page 3 of 4
The City Council approved line items 1 – 4 listed within Decision Package – Priority B.

Decision Package – Priority B (Items 5 - 6)
Motion/Second: Shawver/Taylor
ROLL CALL VOTE: Council Member Barrios AYE
Council Member Torres AYE
Council Member Warren AYE
Mayor Pro Tem Taylor AYE
Mayor Shawver AYE
Motion unanimously carried:

The City Council approved line items 5 – 6 listed within Decision Package – Priority B.

Decision Package – Priority B (Items 7 - 14)
Motion/Second: Shawver/Taylor
ROLL CALL VOTE: Council Member Barrios AYE
Council Member Torres AYE
Council Member Warren AYE
Mayor Pro Tem Taylor AYE
Mayor Shawver AYE
Motion unanimously carried:

The City Council approved line items 7 – 12, and 14 listed within Decision Package – Priority B.

Decision Package – Priority B (Items 16-17)
Motion/Second: Taylor/Torres
ROLL CALL VOTE: Council Member Barrios AYE
Council Member Torres AYE
Council Member Warren AYE
Mayor Pro Tem Taylor AYE
Mayor Shawver AYE
Motion unanimously carried:

The City Council approved line items 16 – 17 listed within Decision Package – Priority B.

Special Meeting – June 2, 2026 - Page 4 of 4

6. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 9:01 p.m.
_______________________________________
MAYOR
ATTEST:
_______________________________________

CITY CLERK
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 9, 2026
SUBJECT: SELECTION OF FIREWORKS LICENSEES FOR 2026
REPORT IN BRIEF:

Staff is requesting that the City Council select a licensee for 2026 fireworks sales.

RECOMMENDED ACTION:

2. Award a fireworks sales license to Boys & Girls Club of Stanton.

BACKGROUND:

It is unlawful to sell, display, or discharge fireworks in the City except in strict accordance with Chapter 17.04 (Safe and Sane Fireworks) of the Stanton Municipal Code (“SMC”).

Moreover, Chapter 17.04 allows for the sale of State-approved (“Safe and Sane”) fireworks with a license issued by the City. Furthermore, entities that may apply for such a license must be a non-profit organization whose principle place of business is located within the City. In addition, obtaining a license enables the licensee to sell fireworks on July 1 (from 12pm to 10pm) and July 2 through July 4 (from 9am to 10pm) (see SMC

17.04.040). The City Council must review all fireworks sale applications and may award up to eight licenses each year (SMC, 17.04.050 (B).

Item: 9D
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2 ANALYSIS/JUSTIFICATION:

For this application year, the City received one application to sell fireworks. That group is the Boys & Girls Club of Stanton. In accordance with SMC section 17.04.050, staff has determined this group is an eligible organization for a fireworks license. Furthermore, this group has demonstrated they have adequate insurance coverage, have posted the required permit fees, and prepared a statement describing how their organization benefits the community.

The Boys & Girls Club of Stanton uses their proceeds to assist Stanton youth in various programs including educational, sports, fitness, arts, recreation, intervention and prevention, and is committed to keeping the cost of membership low and will never turn a child away due to financial hardship. Staff has also reviewed the location and suitability of the premises where Boys & Girls Club will sell fireworks at 7910 Katella Avenue and determined that this location is suitable for this purpose, as it will be in a commercial retail center.

In sum, for the reasons provided above, staff recommends awarding a fireworks sales license to this group.

FISCAL IMPACT:

The licensee is required to pay a Fireworks License fee and Temporary Use Permit fee to the City of Stanton for the cost recovery associated with the processing, licensing, and inspection of the fireworks permit.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of CEQA, this project has been determined to be exempt under section 15061(b)(3) of the State CEQA Guidelines.

PUBLIC NOTIFICATION:

Direct correspondence to the applicants and through the regular agenda posting process.

STRATEGIC GOAL:

Goal 1. Provide a safe community.

Prepared by: Keith Gifford, Code Enforcement Manager
Reviewed by: James J. Wren, Public Safety Services Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. SMC Section 17.04
B. 2026 Fireworks Application
Attachment: A
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Attachment: B
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 9, 2026
SUBJECT: ACCEPTANCE OF CITY OF STANTON COMMUNITY CENTER IMPROVEMENT PROJECT – BACKUP GENERATOR (TASK CODE NO.
2023-603) BY THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA
REPORT IN BRIEF:

The City of Stanton Community Center Improvement Project – Backup Generator which consisted of the installation of a backup generator, separately purchased by the City, is now complete. The final construction cost for the project totaled $338,608.00. The City Engineer, in his best judgment, certifies that the work was satisfactorily completed as of April 17, 2026. It is recommended that the City Council accept the completed work performed on this project.

RECOMMENDED ACTION:

3. Approve the final cost of construction for the contract amount of $338,608.00 with Leddy Power Systems, Inc.; and

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

Item: 9E
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2 BACKGROUND:

A permanent generator would bolster the City’s ability to deliver essential services to the public during emergencies, including during COVID-19. Public facilities, such as the Stanton Community Center, play critical roles in providing shelter, electricity, internet access and other services to the public during emergencies.

On January 24, 2023, the City Council authorized the purchase of a permanent generator in the amount of $121,392.00.

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

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

On December 10, 2024, the City Council approved the contract with Leddy Power Systems, Inc. to install the backup permanent generator in the amount of $338,608.00, with a contingency amount of $16,930.00.

ANALYSIS/JUSTIFICATION:

No change orders were issued for the construction of this project. The total construction cost for this project was $338,068.00.

The Stanton Community Center Improvement Project – Backup Generator has been completed in conformance with the project plans and specifications and has been accepted by the City Engineer.

FISCAL IMPACT:

The FY 2025/26 Capital Improvement Program budget includes $632,755.00 for the Stanton Community Center Improvements Project (Task Code No. 2023-603). The total amount paid to Leddy Power Systems, Inc. for construction is $338,608.00.

ENVIRONMENTAL IMPACT:

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

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC GOAL:

Goal 3: Provide quality infrastructure.

Prepared by: Manuel Peña, Senior Public Works Inspector Reviewed by: Cesar Rangel, P.E., Public Works Director/City Engineer Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:

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

CITY OF STANTON
ATTN: CITY CLERK
7800 KATELLA AVENUE
STANTON, CA 90680

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE SECTION 27383

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

Notice is hereby given that:

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

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

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

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

5. A work of improvement on the property hereinafter described was completed on April 17, 2026. The work was the Stanton Community Center Improvement Project – Backup Generator.

6. The name of the contractor for such work of improvement was: Leddy Power Systems, Inc.

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

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

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

Executed on _______________________________, 2026, at Stanton, California. _________________________________________, City of Stanton Cesar Rangel, City Engineer
(Space above this line for Recorder’s use)
Attachment: A
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 9, 2026
SUBJECT: ACCEPTANCE OF THE CITYWIDE STREET SIGN REPLACEMENT PROJECT (PHASE 2) (TASK CODE NO. 2022-102) BY THE CITY

COUNCIL OF THE CITY OF STANTON, CALIFORNIA
REPORT IN BRIEF:

The Citywide Street Sign Replacement Project (Phase 2) which consisted of replacing approximately 575 residential street name signs has been completed. The final construction cost was $177,000.00, $3,090.00 above the contract award amount of $173,910.00 due to two contract change orders utilizing the project contingency. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of April 30, 2026, and recommends that the City Council accept the completed work performed on this project.

RECOMMENDED ACTION:

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

3. Approve the final construction contract amount of $177,000.00 with Square Signs LLC dba Front Signs; and

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

Item: 9F
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2 BACKGROUND:

The Citywide Street Sign Replacement Project replaced damaged street name signs throughout the City with the new Stanton branding to provide directions for residents and passing drivers throughout the City. Phase 1 of the project focused on replacing street name signs on principal collector streets and signalized intersections and was completed on July 28, 2025. Phase 2 focused on replacing street name signs in residential areas throughout the City.

On August 26, 2025, the City Council authorized staff to advertise this project for construction and approved the draft plans and specifications.

On October 14, 2025, Square Signs LLC dba Front Signs, was awarded the construction contract for this project as the lowest, responsive bidder in the amount of $173,910.00 and the City Council authorized the City Manager to approve contract change orders up to $17,391.00.

ANALYSIS/JUSTIFICATION:

During construction two change orders were issued in the total amount of $3,090.00 for the replacement of an additional 11 residential street name signs and 1 additional signpost. The total construction cost for this project was $177,000.00.

The Citywide Street Sign Replacement Project (Phase 2) has been completed in conformance with the project plans and specifications and has been accepted by the City Engineer.

FISCAL IMPACT:

The FY 2025/26 Capital Improvement Program budget included $668,650.00 for the Citywide Street Sign Replacement Project (Task Code No. 2022-102). The total amount paid to Square Signs LLC dba Front Signs for the construction of Phase 2 is $177,000.00.

ENVIRONMENTAL IMPACT:

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

LEGAL REVIEW:

None.
3 STRATEGIC GOAL:

Goal 3: Provide quality infrastructure.

PUBLIC NOTIFICATION:

Through the normal agenda process.

Prepared by: Daniel Herrera, Engineering Assistant
Reviewed by: Cesar Rangel, P.E., Public Works Director/City Engineer Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:

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

CITY OF STANTON
ATTN: CITY CLERK
7800 KATELLA AVENUE
STANTON, CA 90680

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE SECTION 27383

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

Notice is hereby given that:

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

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

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

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

5. A work of improvement on the property hereinafter described was completed on April 30, 2026. The work was the Citywide Street Sign Replacement Project (Phase 2).

6. The name of the contractor for such work of improvement was: Square Signs LLC dba Front Signs.

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

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

REPORT TO THE STANTON HOUSING AUTHORITY

AND CITY COUNCIL
TO: Honorable Chairman / Mayor and Members of the Successor Agency / City Council
DATE: June 9, 2026
SUBJECT: APPROVAL OF SIXTH AMENDMENT EXTENDING THE CONTRACT WITH QUALITY MANAGEMENT GROUP, INC. TO PROVIDE

PROFESSIONAL PROPERTY MANAGEMENT SERVICES
REPORT IN BRIEF:

Quality Management Group, Inc. (QMG) has been providing professional property management services for the City/Housing Authority-owned properties within the TinaPacific neighborhood since 2020. The professional services agreement, as currently amended, expires on June 30, 2026. If approved, this Sixth Amendment will extend the term of the agreement through June 30, 2027 and increase the not-to-exceed compensation amount to cover 12 months of professional property management services.

RECOMMENDED ACTION:

1. Authority Board/City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and

3. Authorize the Executive Director/City Manager to execute the Sixth Amendment to the existing agreement with Quality Management Group, Inc.

BACKGROUND:

The Tina-Pacific Neighborhood is an approximately 10.27-acre site comprised of 40 parcels along Tina Way and Pacific Avenue, between Magnolia Avenue and Sherrill Street. Over the past decade, the Housing Authority and the City of Stanton have collectively acquired 31 of the 40 parcels in the Tina-Pacific Neighborhood (25 under the Housing Authority and 6 under the City).

Item: 9G
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2 In order to provide professional property management services, after a competitive bid process, the Stanton Housing Authority/City entered into a contract with QMG on June 9, 2020 to manage the City and Housing Authority-owned properties (Agreement). On October 27, 2020, the City/Housing Authority entered into the First Amendment to the Agreement, which increased the operational budget to include allocations for additional services. On September 13, 2022, the City/Housing Authority entered into the Second Amendment to the Agreement, which extended the term of the agreement through June 30, 2023. On June 27, 2023, the City/Housing Authority entered into the Third Amendment to the Agreement, which extended the term of the agreement through June 30, 2024. On May 28, 2024, the City/Housing Authority entered into the Fourth Amendment to the Agreement, which extended the term of the agreement through June 30, 2025. On June 10, 2025, the City/Housing Authority entered into the Fifth Amendment to the Agreement, which extended the term of the agreement through June 30, 2026.

QMG’s scope of work includes, but is not limited to, the following:
• Administration and enforcement of rental agreement terms • Liaison services between tenants and City staff
• Collection of rents, fees, and late charges
• Regular property monitoring for repairs and preventative maintenance • Management and overseeing of improvements or modifications to the properties • Ground maintenance for vacant parcels and vacant housing units • Annual inspection of units (interior and exterior)
QMG has provided consistent management of the Tina Pacific properties since 2020 and has developed ongoing relationships with existing tenants. This continuity has been critical in maintaining stability within the neighborhood and ensuring consistent communication between tenants and the City/Housing Authority. The Tina Pacific area continues to experience complex on-the-ground issues, including homelessness-related activity, trespassing, and occasional squatting in vacant units. QMG has demonstrated the ability to effectively and professionally manage these conditions, working in coordination with City staff and public safety personnel to address concerns in a timely and appropriate manner. Their experience navigating these issues has been an important factor in protecting City assets and maintaining neighborhood conditions.

ANALYSIS/JUSTIFICATION:

Based on the continued need for professional property management services, retaining QMG ensures continuity of service, minimizes operational disruption, and supports ongoing management of the site in a manner that is both practical and responsive to existing conditions. As such, staff is recommending the proposed Sixth Amendment to extend the term of the agreement and the associated compensation. 3 FISCAL IMPACT:

The Housing Authority Fund’s Fiscal Year 2026-27 Proposed Budget includes sufficient funds for property management services, including general and administrative costs, in the amount of one hundred twenty-seven thousand one hundred dollars ($127,100).

ENVIRONMENTAL IMPACT:

None, this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, as it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment).

LEGAL REVIEW:

None.

STRATEGIC GOAL:

Goal 1. Provide a safe community.

PUBLIC NOTIFICATION:

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

Prepared by: Hannah Shin-Heydorn, City Manager
Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. Sixth Amendment to the Agreement
B. Original Agreement with First, Second, Third, Fourth, and Fifth Amendments 55414.00000\40152681.1

CITY OF STANTON

SIXTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

1. PARTIES AND DATE.

This Sixth Amendment to Agreement for Consultant Services (“Sixth Amendment”), is made and entered into on this 10th day of June, 2026, by and between the City of Stanton (hereinafter referred to as the “City”) and Quality Management Group, Inc., a California Corporation, with its principal place of business at 3105 E. Guasti Road, Suite 100, Ontario, California 91761 (hereinafter referred to as the “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 Services Agreement for Consulting Services to conduct property management, dated June 9, 2020 (“Agreement”).

2.2 First Amendment. The Parties entered into that certain First Amendment in order to supplement the scope of services to be provided by the Consultant and to increase the total compensation under the Agreement, dated October 27, 2020 (“First Amendment”).

2.3 Second Amendment. The Parties entered into that certain Second Amendment in order to extend the term of the Agreement and to increase the total compensation under the Agreement, dated September 13, 2022.

2.4 Third Amendment. The Parties entered into that certain Third Amendment in order to extend the term of the Agreement and to increase the total compensation under the Agreement, dated June 27, 2023.

2.5 Fourth Amendment. The Parties entered into that certain Fourth Amendment in order to extend the term of the Agreement and to increase the total compensation under the Agreement, dated May 28, 2024.

2.6 Fifth Amendment. The Parties entered into that certain Fifth Amendment in order to extend the term of the Agreement and to increase the total compensation under the Agreement, dated June 10, 2025.

2.7 Sixth Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and to increase the total compensation under the Agreement.

Attachment: A
Click here to return to the agenda.
55414.00000\40152681.1

3. TERMS.

3.1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
“This Agreement shall commence on June 9, 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2027, unless sooner terminated pursuant to the provisions of this Agreement.”

3.2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:
“5. PAYMENT
(a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Fifth Amendment at the rates set forth in Exhibit “B,” attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Million One Hundred One Thousand Two Hundred Dollars ($1,101,200.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall the sum exceed One Hundred Ten Thousand One Hundred Twenty Dollars ($110,120.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant shall submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of the Consultant’s fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.”

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
55414.00000\40152681.1
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to Agreement for Consultant Services on this .

SIGNATURES ON FOLLOWING PAGE
CITY OF STANTON QUALITY MANAGEMENT GROUP, INC.

By:

Hannah Shin-Heydorn
City Manager
By:

Tim Johnson
Chief Operating Officer
ATTEST:

By:

Patricia A. Vazquez
City Clerk
APPROVED AS TO FORM:

By:

HongDao Nguyen
Best Best & Krieger LLP
City Attorney
55414.00000\40152681.1
EXHIBIT “B”

TO FIFTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
The total compensation not-to-exceed amount of One Million One Hundred One Thousand Two Hundred Dollars ($1,101,200.00) for the total term of the contract covers the monthly QMG management fee and salaries as follows.

QMG Management Fee and Salaries
FY 2020-21 $158,618
FY 2021-22 $171,200
FY 2022-23 $171,200
FY 2023-24 $175,050
FY 2024-25 $171,100
FY 2025-26 $126,900
FY 2026-27 $127,100
QMG is authorized on behalf of the City to utilize rent proceeds for operating expenses, as needed. Additional services are charged on a time & materials basis for repairs, maintenance, and contracted services. Operating expenses are not considered as part of QMG’s compensation.

Operating Expenses
FY 2026-27 Projected $150,000
55414.00000\40152681. 1

CITY OF STANTON

FIFTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

1. PARTIES AND DATE.

This Fifth Amendment to Agreement for Consultant Services (“ Fourth Amendment”), is made and entered into on this 10th day of June, 2025, by and between the City of Stanton hereinafter referred to as the “ City”) and Quality Management Group, Inc., a California Corporation, with its principal place of business at 3105 E. Guasti Road, Suite 100, Ontario, California 91761 ( hereinafter referred to as the “ 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 Services Agreement for Consulting Services to conduct property management, dated June 9, 2020 (“ Agreement”).

2.6 Fifth Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and to increase the total compensation under the Agreement.

3. TERMS.

3.1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:

This Agreement shall commence on June 9, 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement.” Docusign Envelope ID: 01DC3727- 3106-47D6-8142-23F84B3F9BCA Attachment: B Click here to return to the agenda.
55414.00000\40152681. 1

3.2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:

5. PAYMENT
a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this agreement at the rates set forth in Exhibit “ B,” attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Nine Hundred Ninety Two Thousand Dollars ($ 992,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’ s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent ( 10%) of the amount of the Agreement, but in no event shall the sum exceed Ninety Nine Thousand Two Hundred Dollars ($ 99,200.00). Any additional work in excess of this amount shall be approved by the City Council.
c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty 30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’ s fees it shall give written notice to Consultant within thirty ( 30) days of receipt of an invoice of any disputed fees set forth on the invoice.”

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to Agreement for Consultant Services on this ____ day of June, 2025.

SIGNATURES ON FOLLOWING PAGE
Docusign Envelope ID: 01DC3727- 3106-47D6-8142-23F84B3F9BCA 7/2/2025
55414.00000\40152681. 1
CITY OF STANTON QUALITY MANAGEMENT GROUP, INC.

By:

Hannah Shin- Heydorn
City Manager
By:

Tim Johnson
Chief Operating Officer
By:

Rebekah Smith
Assistant Secretary
ATTEST:

By:

Patricia A. Vazquez
City Clerk
APPROVED AS TO FORM:

By:

HongDao Nguyen
Best Best & Krieger LLP
City Attorney
Docusign Envelope ID: 01DC3727- 3106-47D6-8142-23F84B3F9BCA 55414.00000\40152681. 1

EXHIBIT B

TO FIFTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
The total compensation not-to-exceed amount of Nine Hundred Ninety Two Thousand Dollars 992,000.00) for the total term of the contract covers the monthly QMG management fee and salaries as follows.

QMG Management Fee and Salaries
FY 2020- 21 $ 158,618
FY 2021- 22 $ 171,200
FY 2022- 23 $ 171,200
FY 2023- 24 $ 175,050
FY 2024- 25 $ 183,600
FY 2025- 26 Projected $ 131,900
QMG is authorized on behalf of the City to utilize rent proceeds for operating expenses, as needed. Additional services are charged on a time & materials basis for repairs, maintenance, and contracted services. Operating expenses are not considered as part of QMG’ s compensation.

Operating Expenses
FY 2025- 26 Projected $ 177,870
Docusign Envelope ID: 01DC3727- 3106-47D6-8142-23F84B3F9BCA

CITY OF STANTON

THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

1. PARTIES AND DATE.
'
This Third Amendment to Agreement for Consultant Services ("Third Amendment"), is made and entered into on this _.2Z:day of June, 2023, by and between the City of Stanton (hereinafter referred to as the "City") and Quality Management Group, Inc., a California Corporation, with its principal place of business at 3105 E. Guasti Road, Suite 100, Ontario, California 91761 (hereinafter referred to as the "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 Services Agreement for Consulting Services to conduct property management, dated June 9, 2020 ("Agreement").

2.4 Third Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and to increase the total compensation under the Agreement.

3. TERMS.

3.1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
"This Agreement shall commence on June 9. 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30. 2024, unless sooner terminated pursuant to the provisions of this Agreement." 3 .2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:
"5. PAYMENT
(a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Third Amendment at the rates set forth in Exhibit "B," attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Six Hundred Ninety Thousand Dollars ($690,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall the sum exceed Sixty-Nine Thousand Dollars ($69,000.00). Any additional work in excess of this amount shall be approved by the City Council.
( c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice."

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement for Consultant Services on this £day of June, 2023.

SIGNATURES ON FOLLOWING PAGE

CITY OF STANTON
By:H �
City Manager
ah
NAR
Shin-H� �
ATTEST:

By:,_----"::'.'.:::g_�------- HongDao Nguyen
Best Best & Krieger LLP
City Attorney
QUALITY MANAGEMENT GROUP, INC.

By:�
TimJ
Chief
C

EXHIBITB

TO TIDRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
The total compensation not-to-exceed amount of Six Hundred Ninety Thousand Dollars ($690,000.00) for the total term of the contract covers the monthly QMG management fee and salaries as follows.

QMG Management Fee and Salaries
2020/21 2021/22
Actual and
Projected
2022/23
Projected
2023/24 Total
$158,617.74 $171,199.92 $171,199.92 $175,050.00 $ 676,067.58 QMG is authorized on behalf of the City to utilize rent proceeds for operating expenses, as needed. Additional services are charged on a time & materials basis for repairs, maintenance, and contracted services. Operating expenses are not considered as part of QM G's compensation.

Operating Expenses
2020/21
$-
2021/22
Actual and
Projected
2022/23
Projected
2023/24 Total
$88,890.94 $232,356.41 $243,825.00 $ 565,072.35

CITY OF STANTON

SECOND AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

1. PARTIES AND DATE.

This Second Amendment to Agreement for Consultant Services ("Second Amendment"), is made and entered into on this �day of September, 2022, by and between the City of Stanton (hereinafter referred to as the "City") and Quality Management Group, Inc., a California Corporation, with its principal place of business at 3105 E. Guasti Road, Suite 100, Ontario, California 91761 (hereinafter referred to as the "Consultant"). City and Consultant are sometimes collectively referred to herein as the "Parties."

2. RECITALS.

2.1 Agreement.· The Parties entered into that ce1tain Professional Services Agreement for Consulting Services to conduct property management, dated June 9, 2020 ("Agreement").

2.3 Second Amendment. The Paities now desire to amend the Agreement in order to extend the term of the Agreement and to increase the total compensation under the Agreement.

3. TERMS.

3.1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
"This Agreement shall commence on June 9, 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement." 3 .2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:
"5. PAYMENT
(a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Second Amendment at the rates set forth in Exhibit "B," attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set fmth in full, based upon actual time spent on the above tasks. This amount shall not exceed Six Hundred Thousand Dollars ($600,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent ( I 0%) of the amount of the Agreement, but in no event shall the sum exceed Fifty-One Thousand Dollars ($51,000.00). Any additional work in excess of this amount shall be approved by the City Council.
( c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice."

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement for Consultant Services on this £day of October, 2022.

SIGNATURES ON FOLLOWING PAGE

CITY OF STANTON
By:�� H�ah Shin-H�
City Manager
EST:

By:. kl--____ _
HongDao Nguyen
Best Best & Krieger LLP
City Attorney
QUALITY MANAGEMENT GROUP, INC.

CITY OF STANTON

FIRST AMENDMENT TO

AGREEMENT FOR PROPERTY MANAGEMENT CONSULTANT SERVICES

1. PARTIES AND DATE.

This First Amendment to the Agreement for Consultant Services ("First Amendment") is entered into on the ffday of OcJohe.(', 2020, by and between the City of Stanton (hereinafter referred to as the "City") and Quality Management Group, Inc. (hereinafter referred to as the "Consultant"). City and Consultant are sometimes collectively referred to herein as the "Parties."

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for property management consultant services dated June 9, 2020 ("Agreement").

2.2 First Amendment. The Parties now desire to amend the Agreement in order to supplement the scope of services to be provided by Consultant and to increase the total compensation under the Agreement.

3. TERMS.

3.1 Scope of Services. The Agreement is hereby amended to include the scope of services set forth in Exhibit "A," attached hereto and incorporated herein by reference.

3.2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:
"5. PAYMENT
(a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this First Amendment at the rates set forth in Exhibit "B," attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Hundred and Sixty Thousand Dollars ($260,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed Twenty Six Thousand Dollars 55414.00000\33401298. 1 1
($26,000.00). Any additional work in excess of this amount shall be approved by the City Council.
( c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice." 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 JITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this dZ_ day of Oc-lobec ,.JQ;�

CITY OF STANTON
Dy�;{ Jarad.Hililranif
City Manager
ATTE �·---
B

APPROVE
F'A __ �
By: _ _,/2t1_"'----L....: _________ _
HongDao Nguyen
City Attorney
Best Best & Krieger LLP
55414.00000\33401298. 1
QUALITY MANAGEMENT GROUP, INC.

B
2 EXHIBIT "A"

TO FIRST AMENDMENT TO

AGREEMENT FOR PROPERTY MANAGEMENT CONSULTANT SERVICES

EXHIBIT A
Sco[!e of Work
Property management services shall Include, but are not limited to, the following:

1. Take in service calls from tenants and respond accordingly with the appropriate dispatcher such as a handy-man, plumber, public works, etc.

2. Issue an itemized monthly invoice to the City for the prior month's services, fees, and charges.

3. Establish a cohesive plan for collecting rent from tenants pursuant to existing rent statements and lease agreements.

4. Respond to the needs oftenanfa 24/7, 7 days a week. Such needs include, but are not limited to, landscaping, property maintenance, and parking control issues.

5. Maintain a log of any and all information received that a tenant will be vacating or has vacated a project unit and shall provide that information to the City on a regular basis,

6. Coordinate the transfer of utility services after properly purchases and coordinate the disconnection of utilities atter properties have vacated and before demolition ooours.
7, Notify the City in writing, and the appropriate law enforcement authorities, in the event any injuries, damages, illegal entry, illegal occupancy, or disturbances occur at any time.

8. Act as the liaison between tenants and City Staff, including verbal communication and the ability to adapt to a language as requested, including English, Spanish and Vietnamese.

9. Create and send correspondence letters to tenants regarding City operations.
1 o. Contact tenants regarding late rent payments, lnclIJdlng late fees assessed, payment plan setup, and follow-ups. Initiate eviction proceedings should the need arise.
554l4.00000\33401298. I 3
Annnal Management Fee
One-time Setup Fee
ExhibitB
Rates of Compensation
$77,520
$7,500
Lighting
Maximum budget amount for the following:
$10,800
Debris Cleanup
Health and Safety Repairs
Annual Salaries
Total
55414.00000\33401298. 1
$9,352
$45,000
$108,000
$258,172
4 CITY OF STANTON

AGREEMENT FOR CONSULTANT SERVICES

ORIGINAL
THIS AGREEMENT, is made and effective as of June 9, 2020, between the City of Stanton, a California Municipal Corporation ("City") and Quality Management Group, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on June 9, 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 1, 2021, unless sooner terminated pursuant to the provisions of this Agreement. The City Manager shall have the unilateral option, in his or her sole discretion, to renew this Agreement annually for no more than two additional one-year terms.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.

Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. When available, a more detailed work program shall be attached and incorporated into this agreement as a separate exhibit.

3. PERFORMANCE

4. Consultant shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein.

Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

CITY MANAGEMENT
City's Administrative Services Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents that enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

IRV Hl674 v2 -1-

5. 6.

PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed seventy five thousand ($75,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars (
$10,000.00). Any additional work
in excess of this amount shall be approved by the City Council. (c) Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten ( 10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3.

IRV #11674 v2 -2-

7. DEFAULT OF CONSUL TANT
(a) The Consultant's failure to comply with the provIsIons of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement.

Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. However, use of data by City for other than the project that is the subject of this agreement shall be at City's sole risk without legal IRV #11674 v2 -3-

9. liability or exposure to Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

INDEMNIFICATION
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees and agents (collectively "Indemnified Parties"), from and against any and all claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, to the extent same are caused or contributed to in whole or in part which relate to or arise out of any negligent, intentional or willful act, omission, occurrence, condition, event, transaction, or thing which was done, occurred, or omitted to be done (collectively "Claims"), by Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant.
(b) Indemnification for Other Than Professional Liability. In addition to indemnification related to the performance of professional services and to the full extent permitted by law, Consultant shall further indemnify, protect, defend and hold harmless the City and Indemnified Parties from and against any liability (including Claims) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. City shall indemnify, protect, defend and hold harmless Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) from and against any claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands wholly and exclusively arising out of or related to real property conditions existing prior to this Agreement and unrelated to IRV #11674 v2 -4-
Consultant's performance of the duties set forth in Exhibit A of this Agreement.
(c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements which indemnify, protect, defend and hold harmless the City from liability, with provisions identical to those set forth here in this Section 9 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required, this failure shall be a material breach of this Agreement, and Consultant agrees to be fully responsible according to the terms of this entire Section 9. City has no obligation to ensure compliance with this Section by Consultant and failure to do so will in no way act as a waiver. This obligation to indemnify and defend City is binding on the successors, assigns or heirs of Consultant, and shall survive the termination of this Agreement or this section. (d) Obligation to Defend. It shall be the sole responsibility and duty of Consultant to fully pay for and indemnify the City for the costs of defense, including but not limited to reasonable attorney's fees and costs, for all Claims against the City and the Indemnified Parties, whether covered or uncovered by Consultant's insurance, against the City and the Indemnified Parties which arise out of any type of omission or error, negligent or wrongful act, of Consultant, its officers, agents, employees, or subcontractors. City shall have the right to select defense counsel.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.

11. INDEPENDENT CONSUL TANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to IRV #11674 v2 -5-
Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way, affect the performance of its service pursuant to this Agreement.

The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Stanton in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Stanton will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or sub consultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning IRV #11674 v2 -6-
the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

16. NOTICES

17. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City:

To Consultant:

ASSIGNMENT
City of Stanton
7800 Katella Ave
Stanton, California 90680
Attention: City Clerk
Quality Management Group
3105 E. Guasti Road, Suite 100
Ontario, CA 91761
The Consultant shall assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered IRV #11674 v2 -7-
pursuant to this Agreement, only Quality Management Group shall perform the services described in this Agreement.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Stanton.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding that between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit "A" hereto.

22. AUTHORITY TO EXECUTE THIS AGREEMENT.

The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IRV #11674 v2 -8-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF STANTO CONS i:: ANT
brand
(Typed Name)
Atte t:

Patrici
Approved As To Form:
iiHk Gt Q ahew E. Richardson, City Attorney
IRV #11674 v2 -9-

EXHIBIT A
Scope of Work
Property management services shall include, but are not limited to, the following:

1. Take in service calls from tenants and respond accordingly with the appropriate dispatcher such as a handy-man, plumber, public works, etc.

2. Issue an itemized monthly invoice to the City for the prior month's services, fees, and charges.

3. Establish a cohesive plan for collecting rent from tenants pursuant to existing rent statements and lease agreements.

4. Respond to the needs of tenants 24/7, 7 days a week. Such needs include, but are not limited to, landscaping, property maintenance, and parking control issues.

5. Maintain a log of any and all information received that a tenant will be vacating or has vacated a project unit and shall provide that information to the City on a regular basis.

6. Coordinate the transfer of utility services after property purchases and coordinate the disconnection of utilities after properties have vacated and before demolition occurs.

7. Notify the City in writing, and the appropriate law enforcement authorities, in the event any injuries, damages, illegal entry, illegal occupancy, or disturbances occur at any time.

8. Act as the liaison between tenants and City Staff, including verbal communication and the ability to adapt to a language as requested, including English, Spanish and Vietnamese.

9. Create and send correspondence letters to tenants regarding City operations.

10. Contact tenants regarding late rent payments, including late fees assessed, payment plan setup, and follow-ups. Initiate eviction proceedings should the need arise.

IRV #11674 v2 -10-

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below.

Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so.

Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:

1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.

2. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident.

If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

3. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.

4. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement.

IRV #11674 v2 -11-
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 201 O with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in IRV #11674 v2 -12-
the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate( s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will " endeavor" ( as opposed to being required) to comply with the requirements of the certificate.

9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non- contributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self -insure its obligations to City. If Consultant' s existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to C ity.

IRV * 11679 v2 - 13-

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant' s insurance agent to this effect is acceptable. A certificate of insurance and/ or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

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21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right ( but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 9, 2026
SUBJECT: APPROVE SUBMITTAL OF THE RENEWED MEASURE M ELIGIBILITY

PACKAGE AND ITS COMPONENTS
REPORT IN BRIEF:

The Orange County Transportation Authority (OCTA) requires that local jurisdictions comply with a variety of requirements to remain eligible to receive renewed Measure M2 funding. The proposed action will approve the submittal of items to keep the City eligible to receive annual fair share and competitive grant funds. Upon approval by the City Council, the documents will be submitted to OCTA prior to the due date of June 30, 2026.

RECOMMENDED ACTION:

2. City Council adopt the Measure M Seven Year Capital Improvement Program (CIP) for fiscal years 2026-27 through 2032-33; and

3. Adopt Resolution No. 2026-18 concerning the status and update of the Local Signal Synchronization Plan for the Measure M (M2) Program, entitled:
“RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON

CONCERNING THE UPDATE OF THE LOCAL SIGNAL
SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM”;
and

4. Submit the Maintenance of Effort Reporting Form and supporting documentation for the City of Stanton to OCTA, and direct the Finance Director to certify this form; and

5. Direct the City Engineer to file the adopted CIP and the Measure M eligibility documents with OCTA in compliance with the requirements of OCTA Ordinance No.

3. Item: 9H
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2 BACKGROUND:

In November of 1990, the voters of Orange County approved Measure M, the Revised Traffic Improvement and Growth Management Ordinance. Measure M created a fund for transportation improvements to mitigate traffic impacts generated by existing and proposed development. Measure M authorized the imposition of an additional half-cent retail transaction and use tax for a period of twenty (20) years. In November of 2006, renewed Measure M2 was approved by the voters of Orange County, extending the program another thirty (30) years.

ANALYSIS/JUSTIFICATION:

Funds identified as M2 fair share funds are used on local and regional transportation improvement and maintenance projects. Other M2 funds, for transportation related projects, are made available through several competitive programs included in the Combined Transportation Funding Program (CTFP).

The Board of Supervisors of Orange County has designated the OCTA as the Local Transportation Authority (LTA). To be eligible to receive M2 fair share and CTFP funds, OCTA must find that the City has satisfied specific requirements on an annual basis.

Some items must be renewed or resubmitted annually and some biannually. This year the City of Stanton must submit the following items to OCTA in compliance with LTA Ordinance No. 3 by June 30, 2026:

A. Measure M Seven-Year Capital Improvement Program
B. Measure M Eligibility Checklist
C. Maintenance of Effort (MOE) Reporting Form
D. 2026 Local Signal Synchronization Plan (LSSP) Resolution 2026-18 E. Land Use Element of the City’s General Plan
A summary explanation of items “A” through “E” is included below:

A. MEASURE M SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM
The City Council adopts a comprehensive seven-year CIP each year. Staff has prepared an updated seven-year CIP specifically for the transportation facility improvement projects in a form consistent with the latest requirements of OCTA. A summary of the updated seven-year CIP is shown in Table 1.
3 Table 1 - Updated Seven-Year CIP
No. Project Program Year Estimated Cost
1 Annual Citywide Street Resurfacing Project FY 2026-2033 $ 10,020,000 2 Vision Zero Action Plan (Carry Over) FY 2026-2033 $ 200,000 3 Orangewood Complete Streets (Carry Over) FY 2026-2033 $ 3,781,600 4 Annual Sidewalk Repair Project FY 2026-2033 $ 560,000 5 Annual Citywide Alley Resurfacing Project FY 2026-2033 $ 2,345,000 6 Western Avenue Resurfacing Project FY 2026-2033 $ 4,800,000 7 Annual Sewer Rehabilitation Project* FY 2026-2033 $17,388,000 8 Pavement Management Plan FY 2026-2033 $160,000
*Measure M funds will be used strictly for street rehabilitation.

B. MEASURE M ELIGIBILITY CHECKLIST
To assist agencies in complying with Measure M, OCTA has developed checklists to clarify requirements. Staff has completed the checklist and it will be transmitted with all other documents as required by OCTA. It is recommended that these checklists be received and filed for transmitting with other required Measure M documents.

C.MAINTENANCE OF EFFORT REPORTING FORM
Local jurisdictions may not use local fair share or gas tax funds to replace existing revenues being used for transportation improvement programs. The purpose of these funds is to supplement existing expenditures of funds for transportation projects.

Therefore, the City is required to maintain a predetermined minimum level of Maintenance of Effort (MOE) General Fund expenditures for the maintenance of local streets and roads in order to retain eligibility. The MOE benchmark for the City of Stanton is $418,916. The soon to be adopted FY 2026/2027 budget contains a General Fund expenditure for public works/transportation related costs, which exceeds the baseline MOE requirements. The MOE Reporting Form must be approved by action of the City Council directing the Director of Administrative Services to certify this form.

The MOE Reporting Form attached is a draft, subject to change. Following the adoption of the FY 2026-2027 Budget, the final MOE Reporting Form will be completed and submitted to OCTA for Measure M2 funding.

D. THE LOCAL SIGNAL SYNCHRONIZATION PLAN
The Local Signal Synchronization Plan (LSSP) is a three-year plan that identifies traffic signal synchronization street routes and traffic signals within the City. The City’s LSSP is required to be consistent with OCTA’s Regional Traffic Signal Synchronization Master Plan. The 2026 LSSP Update is attached for approval. This plan was prepared by Hartzog and Crabill Inc. and the 2026 update is adopted through Resolution 2026-18. 4 E. THE LAND USE ELEMENT OF THE CITY’S GENERAL PLAN
This section of the City’s General Plan includes land use planning strategies that are consistent with OCTA’s goals for accommodating transit and non-motorized transportation in the County. A letter outlining land use planning strategies that accommodate transit and non-motorized transportation with relevant excerpts from the General Plan must be submitted to OCTA.

Based on staff’s analysis and discussions, this comprehensive package of required documents will maintain the City’s compliance with the requirements of Measure M for fiscal year 2026-2027. Upon final approval, the documents will be submitted to OCTA.

Eligibility for M2 funding will allow the City of Stanton to continue to receive M2 fair share funds. Additionally, the City of Stanton remains eligible to receive funding for the numerous competitive grants secured within M2.

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

The submittal, adoption, and resolutions are exempt from CEQA per Section 15378(b)(5) [Project does not include]: 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. 5 STRATEGIC GOAL:

Goal 3. Provide quality infrastructure
Goal 5. Maintain and promote a responsive, high-quality and transparent government.

Prepared by: Daniel Herrera, Engineering Assistant
Reviewed by: Cesar Rangel P.E., Public Works Director/City Engineer Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. Measure M Seven-Year Capital Improvement Program
B. Measure M Eligibility Checklist
C. Draft Maintenance of Effort Reporting Form
D. 2026 Local Signal Synchronization Plan (LSSP) Resolution 2026-18 E. Land Use Element of the City’s General Plan
Orange County Transportation Authority
FY 2026/27 - FY 2032/33 Capital Improvement Program
TIP ID CP-12550 IMPLEMENTING AGENCY Stanton, City of
Local Project Number: Project Title
Additional Project IDs: Annual Citywide Alley Resurfacing Project Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Alleys Pavement rehabilitation of various alleys throughout the City. Work includes, but not limited to, grind and overlay, slurry seal, reconstruction, and concrete improvements
Limits
Various Locations Citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Gas Tax $25,000 $0 $175,000 $0 $200,000 $204,900
2027 Measure M2 Local Fairshare $25,000 $0 $110,000 $0 $135,000 $138,080 2028 Gas Tax $25,000 $0 $175,000 $0 $200,000 $209,937
2028 Measure M2 Local Fairshare $25,000 $0 $110,000 $0 $135,000 $141,246 2029 Measure M2 Local Fairshare $25,000 $0 $110,000 $0 $135,000 $144,501 2029 Gas Tax $25,000 $0 $175,000 $0 $200,000 $215,115
2030 Gas Tax $25,000 $0 $175,000 $0 $200,000 $220,439
2030 Measure M2 Local Fairshare $25,000 $0 $110,000 $0 $135,000 $147,847 2031 Gas Tax $25,000 $0 $175,000 $0 $200,000 $225,911
2031 Measure M2 Local Fairshare $25,000 $0 $110,000 $0 $135,000 $151,287 2032 Gas Tax $25,000 $0 $175,000 $0 $200,000 $231,536
2032 Measure M2 Local Fairshare $25,000 $0 $110,000 $0 $135,000 $154,823 2033 Gas Tax $25,000 $0 $175,000 $0 $200,000 $237,319
2033 Measure M2 Local Fairshare $25,000 $0 $110,000 $0 $135,000 $158,458 Totals: $350,000 $0 $1,995,000 $0 $2,345,000 $2,581,399 Last Revised: 26-00 - In Progress Total Programmed: $2,345,000 TIP ID CP-12204 IMPLEMENTING AGENCY Stanton, City of
Local Project Number: Project Title
Additional Project IDs: Annual Citywide Street Resurfacing Project Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Pavement rehabilitation of various streets throughout the City. Work includes, but not limited to, grind and overlay, slurry seal, reconstruction, and replace/upgrade traffic loops
Limits
Various locations throughout the City
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Gas Tax $0 $0 $0 $0 $0 $0
2027 Local Streets and Roads apportionments $0 $0 $0 $0 $0 $0 2027 Measure M2 Local Fairshare $0 $0 $0 $0 $0 $0
2028 Gas Tax $30,000 $0 $440,000 $0 $470,000 $494,985
2028 Measure M2 Local Fairshare $30,000 $0 $170,000 $0 $200,000 $209,653 2028 Local Streets and Roads apportionments $30,000 $0 $970,000 $0 $1,000,000 $1,055,080 2029 Local Streets and Roads apportionments $30,000 $0 $970,000 $0 $1,000,000 $1,083,783 2029 Measure M2 Local Fairshare $30,000 $0 $170,000 $0 $200,000 $214,684 2029 Gas Tax $30,000 $0 $440,000 $0 $470,000 $508,005
2030 Local Streets and Roads apportionments $30,000 $0 $970,000 $0 $1,000,000 $1,113,289 2030 Gas Tax $30,000 $0 $440,000 $0 $470,000 $521,389
2030 Measure M2 Local Fairshare $30,000 $0 $170,000 $0 $200,000 $219,855 2031 Gas Tax $30,000 $0 $440,000 $0 $470,000 $535,148
2031 Local Streets and Roads apportionments $30,000 $0 $970,000 $0 $1,000,000 $1,143,621 2031 Measure M2 Local Fairshare $30,000 $0 $170,000 $0 $200,000 $225,171 2032 Measure M2 Local Fairshare $30,000 $0 $170,000 $0 $200,000 $230,635 2032 Gas Tax $30,000 $0 $440,000 $0 $470,000 $549,292
2032 Local Streets and Roads apportionments $30,000 $0 $970,000 $0 $1,000,000 $1,174,802 2033 Local Streets and Roads apportionments $30,000 $0 $970,000 $0 $1,000,000 $1,206,857 2033 Measure M2 Local Fairshare $30,000 $0 $170,000 $0 $200,000 $236,253 2033 Gas Tax $30,000 $0 $440,000 $0 $470,000 $563,832
Totals: $540,000 $0 $9,480,000 $0 $10,020,000 $11,286,334 Last Revised: 26-00 - In Progress Total Programmed: $10,020,000 TIP ID CP-12882 IMPLEMENTING AGENCY Stanton, City of
Local Project Number: Project Title
Additional Project IDs: Annual Sewer Rehabilitation Project Type of Work: Other Project Description
Type of Work Description: Other - Other The Annual Sewer Rehabilitation Project proposes to maintain, repair, and rehabilitate sewer lines. This involves pavement restoration which may include, but not limited to, grind and overlay, slurry seal, reconstruction, and replacement/upgrade of t Limits
Various Locations Citywide
Project Notes
Measure M funds will be used strictly for pavement restoration. Other:

Sewer Maintenance Fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Other $120,000 $0 $1,005,000 $0 $1,125,000 $1,153,140 2027 Measure M2 Local Fairshare $0 $0 $462,000 $0 $462,000 $474,936 2028 Other $200,000 $0 $1,555,000 $0 $1,755,000 $1,843,299 2029 Other $170,000 $0 $1,456,000 $0 $1,626,000 $1,751,760 2030 Other $340,000 $0 $2,765,000 $0 $3,105,000 $3,427,931 2031 Other $340,000 $0 $2,765,000 $0 $3,105,000 $3,514,393 2032 Other $340,000 $0 $2,765,000 $0 $3,105,000 $3,603,276 2033 Other $340,000 $0 $2,765,000 $0 $3,105,000 $3,694,648 Totals: $1,850,000 $0 $15,538,000 $0 $17,388,000 $19,463,383 Last Revised: 26-00 - In Progress Total Programmed: $17,388,000 Attachment: A
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TIP ID CP-11142 IMPLEMENTING AGENCY Stanton, City of
Local Project Number: Project Title
Additional Project IDs: Annual Sidewalk Repair
Type of Work: Pedestrian Project Description
Type of Work Description: Pedestrian - Reconstruction or rehabilitation of sidewalk
Various concrete improvements, including but not limited to, repair damaged sidewalk, curb and gutter, driveway approaches and to construct new pedestrian accessibility ramps.

Limits
Various locations throughout the City.

Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Gas Tax $0 $0 $80,000 $0 $80,000 $82,240
2028 Gas Tax $0 $0 $80,000 $0 $80,000 $84,543
2029 Gas Tax $0 $0 $80,000 $0 $80,000 $86,910
2030 Gas Tax $0 $0 $80,000 $0 $80,000 $89,343
2031 Gas Tax $0 $0 $80,000 $0 $80,000 $91,845
2032 Gas Tax $0 $0 $80,000 $0 $80,000 $94,417
2033 Gas Tax $0 $0 $80,000 $0 $80,000 $97,060
Totals: $0 $0 $560,000 $0 $560,000 $626,358
Last Revised: 26-00 - In Progress Total Programmed: $560,000 TIP ID CP-12375 IMPLEMENTING AGENCY Stanton, City of
Local Project Number: Project Title
Additional Project IDs: Orangewood Complete Streets
Type of Work: Safety Project Description
Type of Work Description: Safety - Traffic calming such as bulbout, chokers, speed hump, etc.

Improvement of Orangewood Avenue and Santa Rosalia Avenue including installation of a separate bikeway, planted bulb outs, speed cushions, high-visibility crossings, markings, and parkways, Limits
Orangewood Avenue and Santa Rosalia
Project Notes
$850,000 Grant from Federal (HUD) $3,268,000 Grant from OCTA STBG $513,600 City Match

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Totals: $0 $0 $0 $0 $0 $0
Last Revised: 26-00 - In Progress Total Programmed: $0
TIP ID CP-12374 IMPLEMENTING AGENCY Stanton, City of
Local Project Number: Project Title
Additional Project IDs: Pavement Management Plan
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Studies or PMP updates
Survey and Assessment of the current conditions of City streets.

Limits
Citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Gas Tax $40,000 $0 $0 $0 $40,000 $40,000
2029 Gas Tax $40,000 $0 $0 $0 $40,000 $40,000
2031 Gas Tax $40,000 $0 $0 $0 $40,000 $40,000
2033 Gas Tax $40,000 $0 $0 $0 $40,000 $40,000
Totals: $160,000 $0 $0 $0 $160,000 $160,000
Last Revised: 26-00 - In Progress Total Programmed: $160,000 TIP ID CP-12334 IMPLEMENTING AGENCY Stanton, City of
Local Project Number: Project Title
Additional Project IDs: Vision Zero Action Plan
Type of Work: Transportation Planning Project Description Type of Work Description: Transportation Planning - Studies The Vision Zero Action Plan will evaluate Citywide traffic safety. The study will analyze traffic collisions, identify contributing factors and patterns, recommend improvements, develop cost estimates, and prioritize recommended improvements.

Limits
Citywide
Project Notes
This project will be funded partly by the State of California's Safe Routes to School Program. Carryover project for FY 2025-26. Funding reflected in prior year(s).

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Totals: $0 $0 $0 $0 $0 $0
Last Revised: 26-00 - In Progress Total Programmed: $0
TIP ID CP-12878 IMPLEMENTING AGENCY Stanton, City of
Local Project Number: Project Title
Additional Project IDs: Western Avenue Resurfacing Project Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Improvement of Western Avenue including concrete improvements, curbs & gutters, sidewalks, grind and overlay, signage and striping Limits
Western Avenue from Cerritos Avenue to Chapman Avenue
Project Notes
The project will be partnered with the City of Garden Grove.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Local Streets and Roads apportionments $0 $0 $1,100,000 $0 $1,100,000 $1,130,800 2027 Measure M2 Local Fairshare $0 $0 $800,000 $0 $800,000 $822,400 2027 Gas Tax $0 $0 $900,000 $0 $900,000 $925,200
2027 Surface Transportation Block Grant (STBG) $0 $0 $2,000,000 $0 $2,000,000 $2,056,000 Totals: $0 $0 $4,800,000 $0 $4,800,000 $4,934,400
Last Revised: 26-00 - In Progress Total Programmed: $4,800,000

APPENDIX D
Eligibility Checklist
Capital Improvement Program (CIP) YES NO

1. Did you submit your draft or adopted M2 seven-year CIP to OCTA by June 30? a. Did you utilize the required OCTA OCFundtracker CIP database? b. Have you included projects required to demonstrate compliance with signal synchronization, pavement maintenance, the Congestion Management Program, and environmental clean-up commitments?

c. Are there any non-transportation related projects included in your M2 CIP? (Note: Projects funded through ECP are considered transportation-related)
d. Did you include all projects that are partially, fully, or potentially funded by M2 Net Revenues?
e. The City Council/Board of Supervisors approval date* to adopt the final 7-Year CIP is: *Must be prior to July 31 Maintenance of Effort (MOE) YES NO

2. Did you submit the MOE certification form (Appendix I) to OCTA by June 30? a. Did you provide supporting budget documentation? b. Has the MOE Reporting form been signed by the Finance Director or appropriate designee?
Pavement Management Plan (PMP) YES NO

3. Are you required to submit a PMP update to OCTA for this eligibility cycle? Refer to Exhibit 3 for PMP submittal schedule.
a. If yes, did you use the current PMP Submittal Template (Appendix F)? b. If yes, is the adopted PMP consistent with the OCTA Countywide Pavement Management Plan?

4. If you answered "no" to question 3, did you submit a PMP update to OCTA through the previous eligibility cycle by the required deadline? Resolution of MPAH Consistency YES NO

5. Did you submit a resolution indicating conformance with the MPAH? N/A N/A a. Have you enclosed an exhibit showing roadway designations that represent your most current circulation element?

N/A N/A
Local Signal Synchronization Plan (LSSP) YES NO

6. Did you adopt and submit an update to the LSSP as part of the current cycle? a. Is your LSSP consistent with the Regional Traffic Signal Synchronization Master Plan? Jurisdiction:
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CITY OF STANTON
JUNE 9, 2026
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APPENDIX D
Eligibility Checklist
Time Limits for Use of Net Revenues YES NO

7. Has your jurisdiction complied with the three-year time limit for the use of Net Revenues over the last year per the requirements outlined in the Ordinance? a. If no, has a time extension been requested through the CTFP semi-annual review process for funds subject to expiration?
Supplanting of Developer Commitments YES NO

8. Has your jurisdiction ensured they have not supplanted developer commitments for transportation projects and funding with M2 funds?
Mitigation Fee Program (MFP) YES NO

9. Does your jurisdiction currently have a defined development impact MFP in place?

10. Has an update to the MFP occurred since the last reporting period?

11. If yes to 10, has your jurisdiction submitted one or more of the supporting documents outlined in chapter 2.7 of the Eligibility Guidelines? Planning Strategies YES NO

12. Does your jurisdiction consider as part of its General Plan, land use planning strategies that accommodate transit and non-motorized transportation?

13. Have you provided a letter identifying land use planning strategies that accommodate transit and non-motorized transportation consideration in the General Plan? Traffic Forums YES NO

14. Did representatives of your jurisdiction participate in the regional traffic forum(s)? a. If you answered yes, provide date(s) of attendance:

Congestion Management Program (CMP) YES NO

15. Has your jurisdiction completed the required CMP checklist? (Appendix C) N/A N/A Name (Print) Signature Date
CESAR RANGEL 5/27/2026
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SEP. 9, 2025 AND FEB. 3,2026
Attachment: C
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RESOLUTION NO. 2026-18

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RESOLUTION NO. 2026-18

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

CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM
WHEREAS, the Orange County Transportation Authority (OCTA) has developed the Regional Traffic Signal Synchronization Master Plan to identify traffic signal synchronization street routes and traffic signals within and across jurisdictional boundaries, and defines the means of implementing the Regional Traffic Signal Synchronization Program; and
WHEREAS, the Regional Traffic Signal Synchronization Program requires that local jurisdictions adopt a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local jurisdictions’ efforts to synchronizing traffic signals across local jurisdictions’ boundaries; and WHEREAS, the Local Signal Synchronization Plan must be updated by June 30, 2026 to continue to be eligible to receive Net Revenues as part of Measure M2.

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

SECTION 1: The City adopts and maintains a Local Signal Synchronization Plan which includes goals that are consistent with those outlined as part of the Regional Signal Synchronization Master Plan, including signal synchronization across jurisdictions.

SECTION 2: The Local Signal Synchronization Plan identifies traffic signal synchronization street routes, including all elements of the Regional Signal Synchronization Network located within the City.

SECTION 3: The Local Signal Synchronization Plan includes the traffic signal inventory for all traffic signal synchronization street routes.

SECTION 4: The Local Signal Synchronization Plan includes a three-year plan showing capital, operations, and maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals.

SECTION 5: The Local Signal Synchronization Plan includes an update on the status and performance of traffic signal synchronization activities.

SECTION 6: The Local Signal Synchronization Plan includes a discussion on the review and revision, as may be necessary, on the timing of traffic signals on the traffic signal synchronization street routes.

Attachment: D
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RESOLUTION NO. 2026-18

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PASSED, APPROVED AND ADOPTED this 9th day of June, 2026. ______________________________________
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
_______________________________________

HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the forgoing Resolution, being Resolution No. 2026-18 has been duly signed by the Mayor and attested by the City Clerk, at a regular meeting of the Stanton City Council, held on June 9, 2026, and that the same was adopted, signed and approved by the following vote to wit:

AYES: ___________________________________________________________ NOES: ___________________________________________________________ ABSENT: ___________________________________________________________ ABSTAIN: ___________________________________________________________ _______________________________________
PATRICIA A. VAZQUEZ, CITY CLERK

June 30, 2026
Orange County Transportation Authority (OCTA)
ATTN: Ms. Alicia Yang
Regional Modeling and Traffic Operations
Planning Division
P.O. Box 14184
Orange, CA 92863-1584
Subject: Local Signal Synchronization Plan Submittal as Part of the Measure M2 Eligibility Process
Dear Ms. Yang:

The City of Stanton is pleased to submit its updated Local Signal Synchronization Plan as part of the Measure M2 eligibility process. The submittal includes the following components:

1. A completed “Local Signal Synchronization Plan Consistency Review Checklist” form establishing consistency between the Local Signal Synchronization Plan and the Regional Traffic Signal Synchronization Master Plan.

2. An updated Local Signal Synchronization Plan for Fiscal Years 2026/2027 to 2028/29 including all required elements as identified in the “Guidelines for the Preparation of Local Signal Synchronization Plans”.

3. An updated GIS-based traffic signal inventory.

The City of Stanton looks forward to continuing the implementation of the beneficial programs and construction projects required and made possible by Measure M2. If you have any questions, please feel free to call me at (714) 890-4203.

Sincerely,
Cesar Rangel, P.E.

Public Works Director / City Engineer
Enclosures:

A. Local Signal Synchronization Plan Consistency Review Checklist B. Local Signal Synchronization Plan
A.
i

LOCAL SIGNAL SYNCHRONIZATION PLAN

CONSISTENCY REVIEW CHECKLIST
The Local Agency Name: CITY OF STANTON Plan Date: JUNE 30, 2026 Local agencies must submit a copy of their Local Signal Synchronization Plan, and any supporting documentation, including the completed consistency review checklist below.

Local Agency Statement Page #s in
LSSP
Provided
or N/A
1) Signal synchronization goals of the agency are
consistent with those outlined as part of the Regional
Traffic Signal Synchronization Master Plan.

PAGES
2 - 4 Provided
2) Traffic signal synchronization street routes are
identified, including all corridors along the regional signal synchronization network located within the local agency.

PAGES
5 - 7 Provided
3) Traffic signal inventory for all traffic signal
synchronization street routes.

PAGES
8 - 9 Provided
4) Three-year plan separately showing costs, available
funding, and phasing for capital, operations, and
maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals, which may include unconstrained and build-out
scenarios.

PAGES
10 - 13 Provided
5) Signal synchronization review, revision, and
assessment of synchronization activities along the traffic signal synchronization street routes and traffic signals.

PAGES
14 - 19 Provided
I certify that the above statements are true to the best of my knowledge. ___________________________________________________ ________________ Signature Date
Cesar Rangel, P.E., Public Works Director / City Engineer Printed Name, Title
B.

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LOCAL SIGNAL SYNCHRONIZATION PLAN

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SECTION ONE

TRAFFIC SIGNAL SYNCHRONIZATION

GOALS, POLICIES, AND OBJECTIVES

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GOALS
OCTA’s Regional Traffic Signal Synchronization Master Plan (Regional Master Plan) is included as part of the approved Measure M2. The Regional Master Plan is a multiagency, corridor-based approach that optimizes the performance of traffic signals based on existing traffic patterns. The goals of the program are to improve the flow of traffic on Orange County streets and roads by implementing multi-agency signal synchronization.

The City of Stanton is in concurrence with these goals, and will continue to work cooperatively with OCTA and adjoining agencies to synchronize signals throughout the City on a corridor basis. This cooperation will serve to provide safe, efficient traffic circulation for our local needs as well as future demands, by continuing to improve travel times and reducing stops.

It is important to note, the City is currently participating in the on-going OCTA Countywide Signal Synchronization Baseline Project, which enhances traffic flow across Orange County by synchronizing signals across city boundaries. This countywide project uses data collection to optimize corridor timing, reduce fuel consumption and emissions, and provide smoother travel across multiple jurisdictions.

Utilizing traffic engineering consultant support over the past (32) years, the City of Stanton has demonstrated support of the Regional Master Plan’s goals by being proactive in upgrading all our traffic signal controllers and connecting/completing various traffic signal interconnect projects. These projects have included hardwire interconnect, as well as phone-drop connectivity, to traffic signals along the Katella Avenue, Knott Avenue, and Magnolia Street corridors that primarily make up the City’s existing Econolite Aries traffic signal management system. Currently, the City’s system allows communication to all of the City’s fourteen (14) traffic signals.

In past years, the City participated in the OCTA Katella Avenue Smartstreet Project.

This inter-jurisdictional project had two phases, and included signal interconnect improvements and new controllers.

At this time, the City is not participating in any Regional Master Plan ‘corridor’ projects.

As the City participates in future traffic signal synchronization corridor projects, it is our desire for the traffic signals on the Aries system to be transitioned to the Econolite Centracs central system, which may be possibly shared with other adjacent cities. This newer central traffic management system will allow for street routes to be more easily coordinated across jurisdictional boundaries.

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GOALS (continued)
The City’s traffic signal system plan includes upgrades to intersections that are currently being run by older ASC/2 type controllers, which are over (26) years old and no longer manufactured, as well as ASC/3 controllers, to the latest Advanced Transportation Controller (ATC) type controllers (Econolite Cobalt).

A last thought worth mentioning is that Cerritos Avenue may be a potential east-west synchronization corridor, which may include the Cities of Los Alamitos, Cypress, Buena Park, Stanton, and Anaheim. Although there are no plans at this time, if another City would desire to lead a potential corridor project, the City of Stanton would consider exploring its viability, as it may include signal interconnect improvements to replace the existing telephone circuits.

POLICIES
The City of Stanton has already adopted an initial Local Signal Synchronization Plan (LSSP), and understands it must update it every three years to remain eligible for Measure M2 funding. As the initial LSSP adoption occurred in December 2010, this is the fifth (5th) cycle of the 3-year updates. The purpose of the LSSP is to implement and maintain coordination of traffic signals along corridors within our City and beyond its borders to regionally maintain safe and efficient flow of vehicular traffic. The Regional Master Plan also provides the opportunity to work with neighboring agencies in order to accomplish mutually-beneficial goals.

For these reasons, it is the City of Stanton’s desire and policy to continue participating in and supporting the Regional Master Plan. The City maintains local control and responsibility of all traffic signals within our jurisdiction, and will continue to be responsible for any changes to our signals, equipment, and policies.

OBJECTIVES
The City concurs that the Regional Master Plan is beneficial and needed in order to more effectively move people and goods locally and regionally through efficient signal timing. By participating in the Regional Master Plan, the City recognizes the benefits gained from local signal timing and synchronization, as well as from eligible traffic signal and interconnect equipment upgrades.

For many years, the City of Stanton has implemented and maintained corridor-based signal coordination timing through daily traffic signal operations consultant support services. These support services have proven valuable, as the City periodically evaluates and optimizes coordination signal timing in response to changing traffic volumes and patterns, which we believe alleviates the need for future road widening.

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SECTION TWO

TRAFFIC SIGNAL SYNCHRONIZATION STREET ROUTES
(EXISTING AND PLANNED)
B.

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TRAFFIC SIGNAL SYNCHRONIZATION STREET ROUTES
Regional Network:

Priority Corridor
1) Chapman Avenue, from West of Beach Boulevard to East of Dale Street 2) Katella Avenue, from Knott Avenue to Magnolia Avenue 3) Knott Avenue, from Cerritos Avenue to Recycle Way
Signal Synchronization Network
4) Magnolia Street, from Cerritos Avenue to Katella Avenue Local Network:

Local Signal Synchronization Network
5) Cerritos Avenue, from Knott Avenue to Magnolia Avenue 6) Dale Avenue, from North City Limits (S/o Ball Rd) to South City Limits (S/o Katella Avenue)
7) Lampson Avenue (It is noted, there are no traffic signals on Lampson Avenue in the City of Stanton jurisdiction, since Beach Boulevard is under Caltrans jurisdiction) 8) Western Avenue, from North City Limits (N/o Cerritos Ave) to South City Limits (S/o Katella Avenue)

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SECTION THREE

TRAFFIC CONTROL INVENTORY

Traffic Signal Control Control Inventory Inventory
City of Stanton
Cycle Length Equipment
Corridor
Cross Street
Intersection AM MID PM WKND
Maintenance
Responsibility Cabinet Type Software Detection
Bike
Detection CCTV
Power
Backup Comm Other ITS ATMS Status
1 K t ll A K tt A 120 110 120 110 St t P (TS2 T 2) ASC/2 ASC/2 L N N/A BBS C Ai O li Cycle Length Equipment
1 Katella Avenue Knott Ave 120 110 120 110 Stanton P (TS2 Type 2) ASC/2 ASC/2 Loops No N/A BBS Copper Aries Online 2 Western Avenue 120 110 120 110 Stanton P (TS2 Type 2) ASC/2 ASC/2 Loops No N/A BBS Copper Aries Online 3 Cedar / Rose St Free Free Free Free Stanton P (TS2 Type 2) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Offline Beach Blvd 130 130 130 130 Caltrans 332 2070 C8 Loops No N/A BBS Fiber QuicNet Online Dale Avenue 120 120 120 120 Garden Grove P (TS2 Type 2) Other Other Loops No N/A BBS Copper Aries Online 4 Magnolia Magnolia St 120 Free 120 120 Stanton Stanton P (TS2 Type 2) Cobalt ASC/3 Loops No Cohu BBS Copper Aries Online5 Knott Avenue Recycle Way 120 Free 120 Free Stanton P (TS2 Type 2) ASC/3 ASC/3 Loops No N/A N/A Copper Aries Offline 6 Magnolia Street Pacific Ave 120 Free 120 Free Stanton P (TS2 Type 2) Cobalt ASC/3 Loops No N/A N/A Copper Aries Online 7 School Xing 120 Free 120 Free Stanton M (TS2 Type 2) Cobalt ASC/3 Loops No Cohu N/A Copper Aries Online8 Cerritos Avenue Knott Ave 120 100 120 Free Stanton P (TS2 Type 2) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Online9 Western Western Avenue 120 Free 120 Free Stanton Stanton P (TS2 Type 2) ASC/2 ASC/2 Loops No N/A BBS Copper Aries Online Beach Blvd 130 130 130 130 Caltrans P (TS2 Type 2) ASC/2 ASC/2 Loops No N/A BBS Copper Aries Online 10 Dale Avenue Free Free Free Free Stanton P (TS2 Type 2) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Online 11 Magnolia M St 120 Free 120 100 Stanton P 100 S P (TS2 Type 2) Cobalt ASC/3 Loops No Cohu BBS Copper Aries Online Cbl ASC/3 L N Ch BBS C Ai O li 12 Dale Avenue Chanticleer Rd Free Free Free Free Stanton R (TS2 Type 2) Cobalt ASC/3 Loops No N/A BBS Copper Aries Offline 13 Western Avenue Thunderbird Lane Free Free Free Free Stanton R (TS2 Type 2) Cobalt ASC/3 Loops No N/A BBS Copper Aries Offline 14 Chapman Avenue School Xing Beacon Free Free Free Free Stanton Other Other Other Other No N/A N/A Other Other Offline Note: Signal Timing Revisions since the prior cycle are shown in bold yellow highlights. g

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SECTION FOUR

TRAFFIC SIGNAL SYNCHRONIZATION SYSTEM

AND THREE YEAR PLAN

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3-YEAR OUTLOOK

TRAFFIC SIGNAL SYNCHRONIZATION
Funding Needs for Synchronized Operation (Constrained)
Reporting Jurisdiction Expenditures: City of Stanton
Type of Traffic Signal Synchronization Expenditures in Year of Expenditure Dollars

MAINTENANCE
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Communication and Software Maintenance $12,000 $12,000 $12,000 $36,000.00

Subtotal Maintenance $12,000 $12,000 $12,000 $36,000.00

CONSTRUCTION
PROJECT FY26/27 FY27/28 FY28/29 TOTAL

Subtotal Construction $0 $0 $0 $0.00

OPERATIONS
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Citywide Signal Timing/Operations Monitoring $25,000 $25,000 $25,000 $75,000.00

Subtotal Operations $25,000 $25,000 $25,000 $75,000.00

$37,000 $37,000 $37,000 $111,000.00

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3-YEAR OUTLOOK

TRAFFIC SIGNAL SYNCHRONIZATION
Funding Needs for Synchronized Operation (Unconstrained) Reporting Jurisdiction Expenditures: City of Stanton
Type of Traffic Signal Synchronization Expenditures in Year of Expenditure Dollars

MAINTENANCE
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Communication and Software Maintenance $15,000 $15,000 $15,000 $45,000.00

Subtotal Maintenance $15,000 $15,000 $15,000 $45,000.00

CONSTRUCTION
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Citywide Traffic Signal Synchronization $325,000 $500,000 $500,000 $1,325,000.00 (please see table on next page for details)

Subtotal Construction $325,000 $500,000 $500,000 $1,325,000.00

OPERATIONS
PROJECT FY26/27 FY27/28 FY28/29 TOTAL
Citywide Signal Timing/Operations Monitoring $30,000 $30,000 $30,000 $90,000.00

Subtotal Operations $30,000 $30,000 $30,000 $90,000.00
$370,000 $545,000 $545,000 $1,460,000.00

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LSSP IMPLEMENTATION – CANDIDATE SIGNAL

SYNCHRONIZATION PROJECTS WITH ESTIMATED COSTS

TO COMPLETE PLANNED NETWORK
Reporting Jurisdiction Expenditures: City of Stanton

Following are corridor improvements, with summary descriptions and costs, which are considered candidate projects that the City of Stanton desires to pursue upon available funding:

CORRIDOR IMPROVEMENT SUMMARY ESTIMATED
COST
Knott Avenue
Install Centracs Central Signal Management
System. Upgrade to ATC controllers. Upgrade
existing twisted-pair interconnect to fiber and
communication equipment to Ethernet to City Hall.
$450,000.00
Cerritos Avenue
Upgrade to ATC controllers. Install fiber optic
(FO) interconnect conduit and FO cable. Upgrade
communication equipment to Ethernet. Integrate
into Centracs Central Management System.
$350,000.00
Dale Avenue
Upgrade to ATC controllers. Install fiber optic
(FO) interconnect conduit and FO cable. Upgrade
communication equipment to Ethernet. Integrate
into Centracs Central Management System.
$200,000.00
Katella Avenue
Upgrade to ATC controllers. Install fiber optic
(FO) interconnect conduit and FO cable. Upgrade
communication equipment to Ethernet. Integrate
into Centracs Central Management System.
$175,000.00
Magnolia Avenue
Upgrade interconnect from twisted pair to fiber,
including switches. Integrate into Centracs
Central Management System.
$75,000.00
Western Avenue
Upgrade to ATC controllers. Install fiber optic
(FO) interconnect conduit and FO cable. Upgrade
communication equipment to Ethernet. Integrate
into Centracs Central Management System.
$75,000.00

Total Estimated Cost: $1,325,000.00

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SECTION FIVE

TRAFFIC SIGNAL SYNCHRONIZATION ASSESSMENT

REVIEW AND REVISE, AS NECESSARY,

THE TIMING OF TRAFFIC SIGNALS
Significant timing plan updates and projects
completed from FY 2023/2024 through 2025/2026
(Periodic refinements performed as part of
routine monthly reviews are not included)

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Corridor Assessment
At this time, the City is not participating in any Regional Master Plan projects.

OCTA COPR Results
The corridor performance results were obtained from the prior 2023 Corridor Operational Performance Report (COPR) that was prepared under the direction of the Orange County Transportation Authority (OCTA). The results are expressed in terms of the Corridor Synchronization Performance Index (CSPI), which combines measures of the travel speed, the ratio of green lights to red lights, and stops per mile. The best performance level is Tier 1 (CSPI of >80), which is considered to be very good progression. The various performance tiers are then defined in approximate increments of (10) as follows:
 Tier I More than 80: Very good progression
 Tier II 70.01 – 80: Good progression
 Tier III 60.01 – 70: Fair progression
 Tier IV 50 – 60: Limited progression
 Tier V Less than 50: Very limited progression
As shown below, as well as on the attached most recent 2023 Corridor Synchronization Performance Index (CSPI) exhibit provided by OCTA, the OCTA CSPI scores for the following corridors that cross the City of Stanton are as follows:
 Cerritos Avenue No Data
 Chapman Avenue Tier III (60.01 to 70)
 Dale Avenue No Data
 Katella Avenue Tier I (More than 80) (updated)
 Knott Avenue Tier III (60.01 to 70)
 Magnolia Avenue Tier IV (50 - 60)
 Orangewood Avenue No Data
 Western Avenue No Data
The City will consider participation in future TSSP corridor projects along Cerritos Avenue, Chapman Avenue, Dale Avenue, Knott Avenue, Magnolia Avenue, Orangewood Avenue, and Western Avenue.

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Specific Corridor Project Assessment
As mentioned, the City is not participating in any Regional Master Plan projects. As such, Table 5 (next page) does not include any specific synchronization assessment.

Table 6 (following page) presents the timing revisions information in the requested tabular format. As shown, there have been no other significant timing plan updates over the past three years.

Priorities, Approach, and System Plan
Again, it is important to note that for several years the City has implemented and maintained corridor-based signal coordination timing through daily traffic signal operations consultant support services. These on-going services include the Aries traffic signal management system collecting data on a 24/7 basis, as well as the daily review/monitoring of the collected data via Aries, especially looking at detector and communication events. These events are quickly forwarded to the City’s traffic signal maintenance company for trouble-shooting and repair.

The City strives to move traffic regionally in a safe manner along our corridors, reducing commuter travel times and stops, while minimizing side-street delays that serve our constituents. These support services include daily review of all coordination timing with every city arterial driven bi-monthly. Through these support services, the City assures that the signal timing is maintained on a daily basis, and is periodically evaluated and fine-tuned in response to changing traffic volumes and patterns. The review of other consultants’ signal synchronization timing is also included when applicable.

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TRAFFIC SIGNAL SYNCHRONIZATION ASSESSMENT, REVIEW, AND REVISION

LOCAL AGENCY

CORRIDOR
TIMING

REVIEWED
(Past 3 Years)

DID TIMING

REQUIRE
AN UPDATE?
TIMING UPDATE RESULTS (if available)
Speed Travel Stops per mile Greens per red CSPI Score*
Before After Before After Before After Before After
N/A
B.

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SIGNAL TIMING REVISIONS
PROJECT CORRIDOR CROSS STREET CYCLE LENGTH (Before/After) Chapman Avenue Timing was reviewed. No significant changes warranted.

Katella Avenue
Timing was reviewed.

The signal at City Hall (Cedar/Rose) has
never been coordinated due to delays
that may incur to the Sheriff & Fire Dept.

Knott Avenue Timing was reviewed. No significant changes warranted.

Magnolia Street
Timing was reviewed.

The Midday Plan on Magnolia was placed
in free due to delays to cross traffic and
students trying to cross at School Xing.

City of Stanton
Pride. Purpose. Progress.
7800 Katella Avenue, Stanton, CA | Phone (714) 379-9222 | F ax (714) 890-1443 | StantonCA.gov June 9, 2026
Charvalen Alacar
Section Manager, Measure M Local Programs
Orange County Transportation Authority
600 S. Main Street
Orange, CA 92868
SUBJECT: City of Stanton Land Use Planning Strategies
Dear Charvalen Alacar,
One requirement for continued Measure M eligibility is as follows:
“A letter outlining the approach to land use planning strategies or policies that accommodate transit and non-motorized transportation should be provided with supporting General Plan excerpts. Policy summaries that directly tie land use planning to alternative modes are required.”
The following excerpts from our General Plan are provided to comply with this requirement:

Chapter 8 – Regional Coordination - Goal RC-2.1 Develop and maintain an effective Growth Management Plan that operates to the advantage of both the city of Stanton as well as the County and regional level.

Action RC-2.1.7 (a) - Promote housing locations near and/or within employment centers to enable shorter commutes and encourage transit-oriented mobility.

Action RC-2.1.7 (b) - Support the development of diverse types of public and private transit services to facilitate travel.

Action RC-2.1.7 (c) - Encourage higher density and/or mixed-used development along major transit corridors and transit stops.

Chapter 5 – Infrastructure and Community Services - Goal ICS-1.2 Encourage alternatives to the private automobile by increasing access and opportunities to public transit, as well as to other alternative modes of transportation, such as biking and walking.

Attachment: E
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City of Stanton
Pride. Purpose. Progress.
7800 Katella Avenue, Stanton, CA | Phone (714) 379-9222 | F ax (714) 890-1443 | StantonCA.gov Action ICS-1.2.1 (h)As part of the plan review of future development proposals, the demand for vehicular, pedestrian, bicycle, and other transportation modes shall be reviewed and the city shall determine the appropriate modes applicable to each development project that assist in accomplishing goal ICS-1.2.

If you have any questions, please contact me at (714) 890-4203 Sincerely,
Cesar Rangel, P.E.

Director of Public Works / City Engineer

INFRASTRUCTURE & COMMUNITY SERVICES
Stanton General Plan 5-1
CHAPTER 5
A. INTRODUCTION
Infrastructure and community services are the underlying components of a well-functioning community. Poorly maintained or inadequate infrastructure can impede the well-being of the community and impair public health and safety.

Local governments can promote appropriate levels of infrastructure by establishing favorable parameters for traffic levels of service (LOS), pedestrian safety, water supply, and solid waste and wastewater removal. Local governments can also promote the expansion of educational facilities, library services, civic events, and other public services. Therefore, the purpose of the Infrastructure & Community Services Element is to:
 Identify the strengths, opportunities, and key issues of the city’s infrastructure and public service systems.
 Establish goals, strategies and actions affecting infrastructure and public services.  Provide a framework for determining appropriate infrastructure improvements and expansion of public services.
 Provide a framework for providing sufficient infrastructure and public services to meet the existing and future needs of the city of Stanton.

The Infrastructure & Community Services Element is to be used as a policy guide for infrastructure and public service improvements by decision makers, city staff, and the community. This Element is closely related to other elements of the Stanton General Plan, especially the Community Development Element. The Community Development Element provides the designations for residential, commercial, industrial and public uses throughout the city, which all require sufficient infrastructure and community services to function properly.

B. BACKGROUND

TRANSPORTATION
Transportation issues are closely related to other elements of the General Plan, such as the Circulation Element, Land Use Element, Housing Element, Community Health and Safety Element, Community Design Element, and Economic Development Element. With the near build out of the city and the limited space available for transportation related improvements, several key issues arise, including:
 What steps can the city take to best plan for the impacts of the Smart Street Program on Beach Boulevard and Katella Avenue?
 How can the traffic flows along Beach Boulevard and Katella Avenue be improved without negatively affecting businesses within the city?  How can access from local neighborhoods to the major arterials be improved?  How can access from major arterials to adjoining businesses be improved?  What measures can be taken to improve pedestrian safety along major arterials? 5-14
Action ICS-1.1.2 (c)
Revise parking policies to allow for increased flexibility with parking standards, encourage shared parking between uses, and facilitate the establishment of parking districts to manage and maintain off-street parking locations.

Action ICS-1.1.2 (d)
Maintain level of service (LOS) D or better on city streets and LOS E or better for CMP or Smart Street roadways.

Action ICS-1.1.2 (e)
Review and determine if there are corridors or intersections where a future operating condition of LOS E may be acceptable if the impact of the mitigation to address that condition would prohibit other important goals from being achieved.

Strategy ICS-1.1.3
Integrate OCTA’s Smart Street Program with improvements and modifications, such as lot consolidation, coordinated planning of adjacent properties, and driveway consolidation.

Action ICS-1.1.3 (a)
Ensure improvements and modifications to streets are efficiently integrated within the Smart Street Program.

Action ICS-1.1.3 (b)
Establish a sign program that is integrated with the Smart Street Program, and includes sign consolidation and directional signs design.

Goal ICS-1.2
Encourage alternatives to the private automobile by increasing access and opportunities to public transit, as well as to other alternative modes of transportation, such as biking and walking.

Strategy ICS-1.2.1
Capitalize on the economic development and community revitalization potential of transit operations.

INFRASTRUCTURE & COMMUNITY SERVICES
Stanton General Plan 5-15
Action ICS-1.2.1 (a)
Study the planning and development implications of a regional light rail stop in downtown Stanton.

Action ICS-1.2.1 (b)
Encourage transit supportive uses at key locations, as well as provide appropriate buffers between transit areas and adjoining uses.

Action ICS-1.2.1 (c)
Require that major roadway projects consider planning for future transit corridors and uses, such as bus rapid transit and future light rail opportunities.

Action ICS-1.2.1 (d)
Within future design guidelines documents provide appropriate mitigation for the impacts of future light rail uses, such as landscape buffers, urban design consideration and noise mitigation.

Action ICS-1.2.1 (e)
Develop a citywide framework plan for improving transit.

Action ICS-1.2.1 (f)
Prepare a Specific Plan or master plan for mixed-use/transitoriented development at the Pacific Electric Corridor and Beach Boulevard.

Action ICS-1.2.1 (g)
Prepare and adopt a Bicycle Master Plan.

Action ICS-1.2.1 (h)
As part of the plan review of future development proposals, the demand for vehicular, pedestrian, bicycle, and other
transportation modes shall be reviewed and the city shall determine the appropriate modes applicable to each
development project that assist in accomplishing goal ICS-1.2.

REGIONAL COORDINATION
Stanton General Plan 8-1
CHAPTER 8
A. INTRODUCTION
The city of Stanton is located in one of the country’s most dynamic metropolitan areas. The city lies within a vast interconnected region that includes the cities and counties comprising southern California. Given many issues that affect the city of Stanton also affect the region as a whole, the city, while focused on meeting the needs of its residents and businesses, also recognizes its regional role. Coordinating Stanton’s city planning, county, regional and state bodies is essential to maintain intergovernmental relations to foster a positive economic and political environment.

The goal of the Regional Coordination Element is to recognize the depth and breadth of interconnectivity among local jurisdictions in the region and promote coordination in relation to issues such as housing, circulation, land use, and air quality. This element serves to recognize the need to participate in and influence the plans and programs operating on a scale larger than the city of Stanton.

Based on this goal, this Element has been subdivided into three components: housing, growth management, and air quality. The housing section addresses the regional context of housing, as a separate but related component of the Housing Element. The growth management section addresses regional circulation, land use issues and Measure M, which are also addressed on a citywide level in the Community Development and Infrastructure & Community Services Elements. The air quality section addresses the city’s regional role in addressing the quality of air and outlines goals and policies to limit the release of pollutants.

B. BACKGROUND
During the early 1990s, local jurisdictions in Orange County formed a structure for countywide coordination. Through a tier of policy, technical and executive advisory groups, emerging issues such as congestion management and air quality improvements are addressed. Coordinated jointly by the Orange County Division of the League of California Cities and the County of Orange, this mechanism has enabled cities to benefit from combined analysis, yet retain the ability to take individual policy positions as desired. Other regional planning agencies and groups include the Southern California Association of Governments (SCAG), the Southern California Air Quality Management District (SCAQMD), and the Orange County Local Agency Formation Commission (OC LAFCO).

HOUSING
Housing is an issue of statewide importance. The city of Stanton acknowledges its significance by not only addressing the city’s commitment to providing adequate opportunities for housing development for its current and future residents in the General Plan Housing Element, but also by addressing the issue as a regional matter in the Regional Coordination Element.

With high property values, fluctuating interest rates and real income growth lagging behind costs of living, the state and county’s housing affordability gap continues to widen. To ease the burdens of mortgages and rents, many families have decided to share homes. This has resulted in strains 8-2
on the infrastructure and on public services. Other families have sought less expensive housing in the Inland Empire, while maintaining their employment in Orange County; as a result, freeway congestion has increased, family budgets are increasingly impacted by transportation costs, and air quality has declined. Attracting workforce for local businesses within the region is a growing challenge.

To address the issue of affordable housing, the city of Stanton is committed to meeting its Regional Housing Needs Assessment (RHNA) goals. However, as a built-out city, Stanton must rely primarily on infill development to meet its housing needs. As such, the reuse and redevelopment of underutilized properties provide the greatest opportunity for housing within the city.

GROWTH MANAGEMENT
Less than one percent of the city’s area remains vacant, some of which is utilized as greenbelts or may be lying vacant as a brownfield. The majority of recent development in the city has therefore involved the recycling of older uses into new more efficient uses. For Stanton, growth management involves the efficient and productive reuse of these parcels in an orderly manner, benefiting current and future residents.

Orange County voters, in 1990, approved Measure M, a 20-year program for transportation improvements. Upon approval of Measure M, cities were required to develop a Growth Management Plan as part of their General Plans, which ensures that development is based upon the city’s ability to provide an adequate circulation system and public facilities. This section of the Regional Coordination Element is designed to meet the requirements of Measure M and also the overall goal of managing growth sensibly within the city.

The Measure M-mandated Growth Management Plan distinguishes between “developed” and “developing” communities. Developed communities are assumed to have their public facilities in place to support envisioned development through the Land Use Element (in Stanton, the Community Development Element) of the General Plan, but may require new or improved transportation facilities to implement their Circulation Element (in Stanton, the Infrastructure and Community Services Element) and absorb regional impacts. The communities are only required to address transportation-related growth impacts. Developing communities are assumed to need additional public facilities to support the General Plan land uses, police, fire, parks, flood control, and other local needs. For Measure M purposes, the city of Stanton is a “developed” city.

Measure M, funded by a half-cent sales tax, allocates all revenues to local jurisdictions for local and regional transportation improvement and maintenance projects, within Orange County, in three major areas: freeways, streets, roads, and transit. By 2011, Measure M will have made possible nearly $4.2 billion worth of transportation improvements including the following:
 New lanes added to the Santa Ana (I-5), Costa Mesa (SR-55) and Riverside (SR-91) Freeways;
 A wider “El Toro Y,” where the San Diego Freeway (I-405) and Santa Ana Freeway (I-5) join;
 Launch of Metrolink commuter rail service and building new stations;  Bus discounts for seniors and the disabled, and;
 About $1.5 billion allocated for widening and street repair.

REGIONAL COORDINATION
Stanton General Plan 8-3
Since 1990, the city of Stanton has received more than $11.3 million in funding, of which $3.7 million was used to fill potholes, maintain streets, synchronize traffic signals, and resurface some roads. Future improvements include improvements to the intersection of Beach Boulevard and Stanford Avenue and widening and enhancing Knott Avenue with new medians, bike lanes, and landscaping.

Other funding monies will be used to fund GO LOCAL projects within the city. On August 14th, 2006, Orange County Transportation Authority Board of Directors approved a sample Cooperative Agreement and the Evaluation Criteria for the first two steps of the four-step GO LOCAL process for Orange County cities to develop their own transit vision to extend accessibility to Metrolink into their communities. The city has yet to formally submit a funding request to OCTA, however the new Buena Park Metrolink Station and the TOD study both provide a possibility for funding.

On November 7, 2006, Orange County voters approved the renewal of Measure M. The Renewed Measure M program will provide more than $11.8 billion to improve transportation in Orange County over a 30-year period beginning in 2011.

The $11.86 billion Renewed Measure M plan includes:
 More than $1 billion to expand Metrolink commuter-rail service in Orange County, including station improvements and grade separations;
 $1 million for new transit links between Metrolink stations and major activity centers;  Nearly $340 million to enhance transit service for seniors and the disabled;  $5 billion to reduce congestion and improve traffic flow on local freeways;  Nearly $4 billion to improve city streets and synchronize traffic signals countywide, and;  Nearly $240 million to clean up road runoff that pollutes waterways and beaches.

To receive these funds, the city of Stanton has adopted the following policies and programs:
 Growth Management Element to coordinate and reduce traffic congestion and ensure that adequate transportation facilities are provided for existing and future residents of the City and County;
 Development Mitigation Program to ensure all new development pays a share of the costs associate with public infrastructure and services needed to mitigate the projectrelated impacts;  Performance Monitoring Program (PMP) to monitor compliance with the established development phasing program. The intent is to ensure that public facilities improvements/ service enhancements or funding are provided for development to proceed;
 Comprehensive Phasing Program to ensure that infrastructure is provided commensurate with development, ensuring that development impacts are mitigated before exceeding establishment thresholds. The city of Stanton fulfills this phasing provision through its Capital Improvement Program (CIP) and project review process;  Transportation Demand Management (TDM) Ordinance to promote alternate work hours, park and ride facilities, carpools, vanpools, telecommuting and other traffic reduction strategies;
 Deficient intersections list as part of the inter-jurisdictional planning efforts, and; 8-4
 Housing and redevelopment incentives program to address a balanced approach to housing options and job opportunities.

AIR QUALITY
Environmental Setting
South Coast Air Basin
The South Coast Air Basin (Basin), in which the city of Stanton is located, is characterized as having a “Mediterranean” climate (a semi-arid environment with mild winters, warm summers, and moderate rainfall). The Basin is a 6,600-square mile area bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east. The Basin includes all of Orange County and the non-desert portions of Los Angeles, Riverside, and San Bernardino Counties, in addition to the San Gorgonio Pass area in Riverside County; refer to Exhibit 4 (California Air Basins) for an illustration of the air basins in California. Its terrain and geographical location determine the distinctive climate of the Basin, as the Basin is a coastal plain with connecting broad valleys and low hills.

The general region lies in the semi-permanent high-pressure zone of the eastern Pacific. As a result, the climate is mild, tempered by cool sea breezes. The usually mild climatological pattern is interrupted infrequently by periods of extremely hot weather, winter storms, or Santa Ana winds.

The extent and severity of the air pollution problem in the Basin is a function of the area’s natural physical characteristics (weather and topography), as well as man-made influences (development patterns and lifestyle). Factors such as wind, sunlight, temperature, humidity, rainfall, and topography all affect the accumulation and/or dispersion of pollutants throughout the Basin.

Regulatory Framework
Regulatory oversight for air quality in the Basin rests at the regional level with the South Coast Air Quality Management District, the California Air Resources Board at the State level, and the Environmental Protection Agency Region IX office at the Federal level.

Air Quality Elements adopted by local jurisdictions, such as the city of Stanton, and the regulations placed on industry by state and regional agencies, primarily the South Coast Air Quality Management District (SCAQMD), the California Air Resources Board (CARB), and Air Pollution Control Districts seek to ensure that the public’s health and welfare is protected from these and other harmful contaminates. The CARB is responsible for the classification of air basins as attainment or non-attainment in accordance with the federal and state Clean Air Acts. Air Quality Elements also help to ensure that the standards for ozone and particulate matters are met by the dates stated above.

U.S. Environmental Protection Agency
The Environmental Protection Agency is responsible for implementing the Federal Clean Air Act, which was first enacted in 1955 and amended numerous times after. The Federal Clean Air Act established Federal air quality standards known as the National Ambient Air Quality Standards.

These standards identify levels of air quality for “criteria” pollutants that are considered the maximum levels of ambient (background) air pollutants considered safe, with an adequate margin

REGIONAL COORDINATION
Stanton General Plan 8-15
opportunities as appropriate and continue to provide incentives for private investments in these areas.

Action RC-2.1.6 (b)
Encourage development of underutilized and vacant infill site where public services and infrastructure are available.

Action RC-2.1.6 (c)
Monitor infrastructure and public facilities plans for major activity centers.

Strategy RC-2.1.7
Develop land use strategies and incentives to reduce the amount of vehicle miles traveled within city limits.

Action RC-2.1.7 (a)
Promote housing locations near and/or within employment centers to enable shorter commutes and encourage transitoriented mobility.

Action RC-2.1.7 (b)
Support the development of diverse types of public and private transit services to facilitate travel.

Action RC-2.1.7 (c)
Encourage higher density and/or mixed-used development along major transit corridors and transit stops.

Action RC-2.1.7 (d)
Encourage employment centers to provide support uses and services such as restaurants, retail uses, shuttle services to shopping areas, and child-care facilities in order to reduce vehicle trips.

Action RC-2.1.7 (e)
Monitor effectiveness of the city’s Transportation Demand Management Ordinance and make appropriate revisions.

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 9, 2026
SUBJECT: APPROVAL OF THIRD AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT WITH MSW CONSULTANTS TO PROVIDE SOLID WASTE

MANAGEMENT CONSULTING SERVICES
REPORT IN BRIEF:

MSW Consultants has been providing environmental consulting services since 2021. The Second Amendment to the professional services agreement will expire on June 30, 2026.

If approved, this Third Amendment will allow MSW Consultants to continue providing services through June 30, 2027, at current rates.

RECOMMENDED ACTION:

2. Approve the Third Amendment to the Professional Services Agreement with MSW Consultants 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 Third Amendment to the Professional Services Agreement with MSW Consultants with a not-to-exceed amount of $527,040.

BACKGROUND:

SB 1383 is the most significant waste reduction mandate to be adopted in California over the last 30 years, requiring the State to reduce organic waste disposal and increase edible food recovery. This has significant policy and legal implications for the state and local governments. SB 1383 establishes a statewide target and not a jurisdiction organic waste recycling target, which requires a more prescriptive approach, including more stringent procedures and monitoring from the City.

A contract was awarded to MSW Consultants at the October 26, 2021 Council meeting to provide solid waste management consulting services. The second amendment to the professional services agreement will expire on June 30, 2026.

Item: 9I
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ANALYSIS/JUSTIFICATION:

Staff has been satisfied with MSW Consultants’ work in helping the City achieve compliance with SB 1383. The City is still undergoing review by CalRecycle’s Jurisdiction and Agency Compliance and Enforcement Branch (JACE) regarding its Waste Diversion Program.

Because of this ongoing review, staff recommends continuing services with MSW Consultants rather than soliciting new proposals at this time to ensure continuity of personnel, services, and knowledge management. If approved by the City Council, the Third Amendment would extend the contract through June 30, 2027, for an amount not to exceed $63,380.

FISCAL IMPACT:

Sufficient funds are available in the Fiscal Year 2026-27 Budget (101-3100-606110) for the solid waste program services.

ENVIRONMENTAL IMPACT:

Council find that the recommended actions are exempt from CEQA per Section15378(b)(5) [Project does not include]: 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 Third Amendment to the Agreement as to form.

STRATEGIC PLAN GOAL:

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

PUBLIC NOTIFICATION:

Through the normal agenda process.

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

A. Third Amendment
B. Current Agreement
55414.00000\42206090.2

CITY OF STANTON

THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR SOLID WASTE MANAGEMENT

CONSULTING SERVICES

1. PARTIES AND DATE.

This Third Amendment to the Professional Services Agreement for Solid Waste Management Consulting Services (“Third Amendment”) is entered into on the 9th day of June, 2026, by and between the City of Stanton (“City”) and MSW 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 Services Agreement for Solid Waste Management Consulting Services dated October 26, 2021 (“Agreement”).

2.2 First Amendment. The Parties amended the Agreement on May 14, 2024 in order to extend the term of the Agreement.

2.3 Second Amendment. The Parties further amended the Agreement on June 24, 2025 in order to expand the Scope of Services, extend the term of the Agreement, and increase the total compensation under the Agreement.

2.4 Third Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement, and increase the total 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 October 26, 2021 to June 30, 2027 unless earlier terminated as provided herein. Consultant shall complete Services within the term of this Agreement and shall meet any other established schedules and deadlines.”

3.2 Schedule of Services. Exhibit “B” of the Agreement is hereby amended to include the tasks and rates of compensation for Fiscal Year 2026-27 as set forth in Attachment “1” to this Third Amendment, attached hereto and incorporated herein by reference.

3.3 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 Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Attachment: A
Click here to return to the agenda.
55414.00000\42206090.2
Hundred Twenty-Seven Thousand Forty Dollars ($527,040.00) without written approval of the City Council or City Manager, as applicable. Extra work may be authorized, as described below, and if authorized will be compensated at the rates and manner set forth in this Agreement.”

3.4 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Third Amendment on .

CITY OF STANTON MSW CONSULTANTS, INC.

By:

Hannah Shin-Heydorn
City Manager
By:

ATTEST:

By:

Patricia A. Vazquez
City Clerk
By:

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\42206090.2
ATTACHMENT “1” TO THIRD AMENDMENT
EXHIBIT “B”

SCHEDULE OF SERVICES

CITY OF STANTON

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR SOLID WASTE MANAGEMENT

CONSULTING SERVICES
I. PARTIES AND DATE.

This Second Amendment to the Professional Services Agreement for Solid Waste Management Consulting Services (" Second Amendment") is entered into on the day of 2025, by and between the City of Stanton (" City") and MSW 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 Services Agreement for Solid Waste Management Consulting Services dated October 26, 2021 (" Agreement").

2. First Amendment. The Amendment was amended on May 1.4, 2024, to extend the Agreement to June 30, 2025.

2. 3 Second Amendment. The Parties now desire to amend the Agreement in order to expand the Scope of Services, extend the term of the Agreement, and increase the total compensation under the Agreement.

3. TERMS.

3. 1
follows:

Term. Section 3. 1. 2of the Agreement is hereby amended in its entirety to read as The term of this Agreement shall be from October 26, 2021 to June 30, 2026 unless earlier terminated as provided herein. Consultant shall complete Services within the term of this Agreement and shall meet any other established schedules and deadlines."

3. 2 Compensation. Section 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 Agreement at the rates set forth in Exhibit " C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Sixty -Three Thousand Six Hundred Sixty Dollars ($ 463, 660. 0) without written approval of the City Council or City Manager, as applicable. Extra work may be authorized, as described below, and if authorized will be compensated at the rates and manner set forth in this Agreement."
55414. 00000142206090. 2
Attachment: B
Click here to return to the agenda.

3. Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment on this 3day of Si, 2025.
554{ 4. 00000\ 42206090. 2

SIGNATURE PAGE TO SECOND AMENDMENT TO PROFESSIONAL SERVICE

AGREEMENTFOR SOLID WASTE MANAGEMENT CONSULTING SERVICES

CITY OF STANTON
By:

Hannah Shin` eydo
City Manager
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55414. 011000\ 42206090. 2
MSW CONSULTANTS, INC.

By:

O, Jf Vi 5
By
If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary or
Treasure REQUIRED]

Prepare and administer a database of deadlines and specific contract performance ( reports, fee payments, insurance certs, etc.) based on the provisions of the Agreement.

Oversee CR& R' sperformance and outreach activities.

Review CR& R' speriodic reports and provide feedback.

Participate in periodic conference calls with CalRecycle and CR& R as needed.

Prepare and submit each month to the City a brief solid waste contract management memo that concisely summarizes our contract oversight activities.

Document hauler activities in Minerva®, as required by SB 1383.

Original Agreement Scope of Services
Review and provide language if required to amend the Solid Waste Franchise Agreement as needed to meet the requirements of SB 1383.

Negotiate and calculate CR& Rrates/ compensation for any new programs subject to SB 1383.

Analyze the impact to solid waste customer fees for any new programs subject to SB 1383. _
Develop, maintain, and monitor necessary Collection and Processing program( s) including financial impacts to meet SB 1383 compliance. Describe and identify any barriers encountered in the implementation of the programs.

In collaboration with City' strash hauler, identify businesses, multi -family units and single- family residential homes that would be affected by implementation of the program( s) as required by SB 1383.

Develop measurable compliance reporting methods to collect, review and maintain data for reporting compliance under SB 1383.

Propose ordinance and municipal code revisions, notices, and enforcement provisions, including a structure for fines and penalties for non- compliance of programs.

Analyze the City' s Food Scrap Collection & Recycling Program and determine adequacy to support compliance with SB 1383 requirements.

Develop and implement an inspection and compliance program to meet SB 1383 requirements.

Prepare, implement and/ orreview publid outreach and education materials, including social media, websites and assist with or be present at public or community meetings to explain implementation of programs.

In collaboration with City and non- profit organization( s), implement an edible food recovery program.

Assist the City with ALL reporting requirements to CalRecycle.

Chair site and/ or office meetings, prepare and distribute agendas and minutes 55414. 00000\ 42206090. 2
identifying project status, completed work and forecast.

Assist and apply for any grant funding opportunities and incentives for new infrastructure.

Include value added service or services that may have been omitted to help reach compliance and provide exceptional customer service to our businesses and residents.
55414. 00000\ 42206090. 2
ATTACHMENT" 2 TO FIRST AMENDMENT

EXHIBIT B

SCHEDULE OF SERVICES
Rates ofCompensation% Fees Schedule, Fiscal Year 2024-5 Task Descdpdon 1
David Davis
Project
Director
Lucas Arias
Project
Manager
Girard Mobley
Project
Analyst
Kayla Frlederich
Project
Analyst `
I
I
Total II
Hours
Proposed
Fees
Grant Funded
1 Gap Analysis 2 50 50 24 126 522, 490
2 Prepare, Implement and Review Education Materials 2 10 2 2 16 2, 990 3 Minerva Subscription• 1 year 0 0 0 0 0 17, 000
4 Conduct Education and Outreach 2 30 10 4 46 8, 490
5 Assistu4th Recordkeeping 2 24 10 4 40 7, 350
6 GrantAdminisuadon 2 10 40 4 56 9, 790
Subtotal Grant Funded 10 124 112 38 284 68310
Program Fees
7 Assist with CalRecycieReporting Requirements 2 20 16 4 42 7, 610 8 Hauler Oversight
i
4 34 24 16 78 14, 080
Subtotal - Current Resources 6 54 40 20 120 21, 690
Total Hours 16 178 152 58 404
Hourly Rate 5205 5190 170 170
Total Fees 589, 800
55414. 00000\ 42206090. 2

CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR

SOLID WASTE MANAGEMENT CONSULTING SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 26th day of October, 2021, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (" City") and MSW CONSULTANTS, a CORPORATION, with its principal place of business at 41760 Ivy Street, Suite 203, Murrieta, California 92562 (" Consultant"). City and Consultant are sometimes individually referred to herein as " Party" and collectively as " Parties."

2. RECITALS.

2. 1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such services for the SOLID WASTE MANAGEMENT CONSULTING SERVICES project (" Project') as set forth in this Agreement.

3. TERMS.

3. 1 Scope of Services and Term.

3. 1. 1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional SOLID WASTE MANAGEMENT consultant services necessary for the Project (" Set -vices"). The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3. 1. 2 Term. The term of this Agreement shall be from November 1, 2021 to June 30, 2024, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one- year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1_ o5tan
55414. 00000\ 32996936. 2
Karig\na

3. 2 Responsibilities of Consultant.

3. 2. 1 Independent Contractors, Control and Payment of Subordinates:

Independent Contractor. The Services shall be performed by Consultant or under its supervision.

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

3. 2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit ` B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant' s conformance with the Schedule, City shall. respond to Consultant' s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule ofServices.

3. 2. 3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3. 2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval ofCity. In the event that City and Consultant cannot agree as to the substitution of Ivey personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request ofthe City.

The key personnel for performance ofthis Agreement are as follows: DAVID DAVIS, President.

3. 2. 5 City' s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (" City' s Representative"). City' s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the Public Works Director or his or her designee, as the City' s contact for the implementation of the Services hereunder. 2-
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55414. 00000\ 32996936. 2
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Consultant shall not accept direction or orders from any person other than the City' s Representative or his or her designee.

3. 2. 6 Consultant' s Representative. Consultant hereby designates DAVID DAVIS or his or her designee, to act as its representative for the performance of this Agreement Consultant' s Representative"). Consultant' s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant' s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions ofthe Services under this Agreement.

3. 2. 7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City' s staff, consultants and other staff at all reasonable times.

3. 2.8 Standard of Care; Performance ofEmployees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perfonn the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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

3. 2. 9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/ OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
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55414. 00000W996936 2

3. 2. 10 Insurance.

3. 2. 10. 1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3. 2. 10. 2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. Ifthe existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office " occurrence" form CG 0001, with minimum limits of at least $ 1, 000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or ( 3) contain any other exclusion contrary to the Agreement.
b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering " Any Auto" ( Symbol 1) with minimum limits of 1, 000,000 each accident.
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55414. 00000\ 32996936. 2
d) Professional Liability: Professional Liability insurance with minimum limits of $1, 000,000, Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed ( for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
e) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer' s Liability Insurance with a limit of not less than $ 1, 000, 000 per accident for bodily injury and disease.

3. 2. 10. 3 Endorsements. Required insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for approval.
a) The policy or policies of insurance required by Section 3. 2. 10. 2 ( a) Commercial General Liability—aa&
bial34y shall be endorsed to provide the following:
1) Additional Insured: The City, its officials, officers, VVemployees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out ofthe performance ofthe Agreement.

Additional Insured Endorsements shall not ( 1) be restricted to " ongoing operations"; ( 2) exclude " contractual liability'; 3) restrict coverage to " sole" liability of Consultant; or ( 4) contain any other exclusions contrary to the Agreement. 2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.
5 55414. 00000\ 32996936. 2
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b) The policy or policies of insurance required by Section 3. 2. 10. 2 ( b) Automobile Liability and ( d) Professional Liability shall be endorsed to provide the following:
1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non- payment of premium.
c) The policy or policies of insurance required by Section 3. 2. 10. 2 ( e) Workers' Compensation shall be endorsed to provide the following:
1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.

3. 2. 10. 4 Primary and Non -Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3. 2. 10. 5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3. 2. 10. 6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3. 2. 10. 7 Evidence of Insurance. The Consultant, concurrently with the execution ofthe Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen ( 15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten ( 10) days after receipt ofwritten notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required 6-
55414. 000001329969362 ° Std
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insurance has been reinstated or has been provided through another insurance company or companies.

3. 2. 10. 8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period oftime as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

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

3. 2. 10. 9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best' s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3. 2. 10. 10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant' s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant' s policies.

3. 2. 11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature ofthe work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: ( A) adequate life protection and life saving equipment and procedures; ( B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and ( C) adequate facilities for the proper inspection and maintenance of all safety measures.

3. 3 Fees and Payments.

3. 3. 1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED EIGHTY-FOUR THOUSAND SIXTY DOLLARS ($284,060) Total Compensation") without written approval of City' s Public Works Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3. 3. 2 Payment of Compensation.
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Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3. 3. 3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3. 3. 4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, " Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

3. 3. 5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (" Prevailing Wage Laws"), which require the payment ofprevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects. If the Services are being performed as part of an applicable " public works" or maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is 1, 000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type ofworker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant' s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777. 5, 1. 81.3, and 1815 ofthe Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, agents and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3. 4 Accounting Records.

3. 4. 1 Maintenance and Inse
ction. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three ( 3) years from the date of final payment under this Agreement.

3. 5 General Provisions.

3. 5. 1 Termination of Agreement.
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55414. 00000\ 32996936. 2
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3. 5. 1. 1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven ( 7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3. 5. 1. 2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen ( 15) days of the request.

3. 5. 1. 3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3. 5. 2 Delivery ofNotices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:

City:

MSW Consultants
41760 Ivy Street, Suite 203
Murrieta, CA 92562
Attn: David Davis
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Public Works Director
Such notice shall be deemed made when personally delivered or when mailed, forty- eight 48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3. 5. 3 Ownership of Materials and Confidentiality.

3. 5. 3. 1 Documents & Data; Licensing of Intellectual Property, This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be 9-
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55414. 00000\ 32996936. 2
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prepared by Consultant under this Agreement (" Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

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

3. 5. 3. 2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance ofthis Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City' s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3. 5. 3. 3 Confidential Information. The City shall refrain from releasing Consultant' s proprietary information (" Proprietary Information") unless the City' s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

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

3. 5. 4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3. 5. 5 Attorney' s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out ofor in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney' s fees and all other costs of such action.

3. 5. 6 Indemnification.
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55414. 00000\ 32996936. 2
To the fullest extent permitted by law, Consultant shall defend (with counsel of City' s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant' s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

If Consultant' s obligation to defend, indemnify, and/ or hold harmless arises out of Consultant' s performance as a " design professional" ( as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant' s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant' s liability for such claim, including the cost to defend, shall not exceed the Consultant' s proportionate percentage of fault.

The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.

3. 5. 7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3. 5. 8 Governing Law. This Agreement shall be governed by the laws ofthe State of California. Venue shall be in Orange County.

3. 5. 9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3. 6 City' s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3. 7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3. 8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
55414. 00000\ 32996936. 2
0 9

3. 16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker' s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance ofthe Services.

3. 17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Parry warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3. 18 Counterparts. This Agreement may be signed in counterparts, each ofwhich shall constitute an original.

3. 19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in- kind services, or loan made to any member of the City Council within the previous twelve- month period by the Consultant and all of Consultant' s employees, including any employee( s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3. 20. 1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Signatures on following page.]
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55414. 00000\ 32996936. 2
I
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this 26 day of October, 2021.

CITY OF STANTON
By: - f/ A_
Jar Hil an
City Manager
By:

Best Best & Krieger LLP
City Attorney

MSW CONSULTANTS
By:

David L. Davis
President
By:

C risinda J. Davis
Chief Financial Officer
14-
o, 3` 55414. 00000\ 32996936. 2
EXHIBIT " A"

SCOPE OF SERVICES
Review and provide language if required to amend the Solid Waste Franchise Agreement as needed to meet the requirements of SB 1383.

Negotiate and calculate CR& R rates/compensation for any new programs subject to SB 1383.

Analyze the impact to solid waste customer fees for any new programs subject to SB 1383.

Develop, maintain, and monitor necessary Collection and Processing program( s) including financial impacts to meet SB 1383 compliance. Describe and identify any barriers encountered in the implementation of the programs.

In collaboration with City' s trash hauler, identify businesses, multi -family units and single-family residential homes that would be affected by implementation of the program( s) as required by SB 1383.

Develop measurable compliance reporting methods to collect, review and maintain data for reporting compliance under SB 1383.

Propose ordinance and municipal code revisions, notices, and enforcement provisions, including a structure for fines and penalties for non- compliance of programs.

Analyze the City' s Food Scrap Collection & Recycling Program and determine adequacy to support compliance with SB 1383 requirements.

Develop and implement an inspection and compliance program to meet SB 1383 requirements.

Prepare, implement and/ or review public outreach and education materials, including social media, websites and assist with or be present at public or community meetings to explain implementation of programs.

In collaboration with City and non- profit organization( s), implement an edible food recovery program.

Assist the City with ALL reporting requirements to CalRecycle.

Chair site and/ or office meetings, prepare and distribute agendas and minutes identifying project status, completed work and forecast.

Assist and apply for any grant funding opportunities and incentives for new infrastructure.

Include value added service or services that may have been omitted to help reach compliance and provide exceptional customer service to our businesses and residents.

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55414. 00000\ 32996936. 2 sP
EXHIBIT " Baa

SCHEDULE OF SERVICES
fioun IY1teCI, Wel.I. Gov, CIIV1' IINNIYNT sur1111I
October 14, 2021
Mr. Joe Ames
Public Works Director
Cityotstanton
7000 Katella Avenue
Stertnn, CA90680
Cost Proposal to Provide Solid Waste Management Consulting services Dear Mr. Ames:

We propose to perform the tasks in the scope of Work in our proposal for the not -to -exceed amount of $119, 580 in fiscal 2022, $ 92, 240 In fiscal 2023, and $ 82, 240 in fiscal 2024. Our notto. excced amounts are based on the hours and billing rates for each of our staff members shown below In Table 1 and on the following page in Table 2 and Table 3. If the City requests that we perform additional work outside the scope of work, we will do so at the some hourly rates. We will obtain the City' s written approval prior to performing any additional work outside the scope of service. Our hourly billing rates Include our salary costs, reimbursable costs, and indirect costs.

Table I — Proposed Not -to -Exceed Fees - July 1, 2021 to lone 30x 2022 I mnnurmm. rr, r, r, a Iz a no sxsxo
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urm. r.. mm mxr, nm.,, un[ mrlsn. w. rrr. n,+ o I, u . en u.. zeo vans+ nn[ nnuomVun, rrrvnnnronb, niw xrwvop, ma u a n n nn stmu mv+ mmr, mmmmrarrrvr^" m^ nor n w w v Sen SxS.+ nv
r—. wu mvAmenrnmrnx, mnn. erunv, uurynmi e a e n xn 51. 11, u.. v++. rm, wmm.. wunvw. aux sm: urxnux m. x 1 a 1e Sn/, vo e"+ Nu. rLr[ nvlrwesaun[ anwvrrunrmwTn, nnpem n U. x zo r, 1. n n, nv, won[
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no LOCAL OOVI: RNMENI"
Mr. Joe Ames
October 14, 2021

Page 2 of 3 ends

Table 2— Proposed Not -to -Exceed Fees — July 1, 2022 to June 30, 2023 3 Nrymr mlx. ranmrw. Ix u Ix nn zanG
z mW,< ow, no mrv. n trn. ompnn. rma aNtln' amrnu.. u.l a e na e n suszJ 3 MOWlur arrJ M1LmIULrGmenlur COW9Nnn[ e arrornxR B 54 s4 J 1x9 0. 060 4 rlwwv. r.nxkmmry vnJ a—, Mr4H<( J. uvrurr .— la J x 4 9 N 59gMu v Uuuree WIIS. I., a—,, pmym n N ec tl 40 SOMO
u Aaaxt wM [ ollkryUxlW9mrFl61, 11 to 11 ab tlo tl0 140 5351. 1 Aa MI wa L 111NmR for A., In. n A 0 A N 3. x00
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SULI I., I<m v11. 9x0 lt.ta0 536AA0 l E, n00 0x. 390
Rates will be adjusted each year In conformance with Exhibit C to the agreement with the City Table 3 — Proposed Not -to -Exceed Fees - July 1, 2023 to June 30, 2024 1 p" oA........ — 11 a I I a 11.
r ..- 1- 1 cool na nWr MlWlrnm, a, nmly— tit. rrnv. rl. l L s nt a Ia 11. 510 3 M9niW a td Mnr' t m s- rnlor Wrnpkn< e rom ILM B vt vt n 1 O' c" n Nnpx... mm. rm, xrrtl N., m» Nr, Nk renmlrx Mabrblr e e 9 n a n, al s G. n•. e SJmb loon awwmn vrwrarn 9 a no a to 5111,
6 Ale rnW 111SIl blxparunB ae luvenrmb in 10 M I toI..
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Rotes will be adjusted each year in conformance with Exhibit C to the agreement with the City B- 2
55414. 00000\ 32996936. 2 !. 0\ S1
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EXHIBIT " C"

COMPENSATION
Each year beginning July 1st, the rates set forth in "Exhibit B" may be adjusted in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles - Riverside -Orange Counties up to a maximum percentage of five percent ( 5%).

In the event that this Agreement is renewed pursuant to Section 3. 1. 2 ( beyond the initial three year term), the rates set forth in "Exhibit B" may be adjusted each subsequent year beginning July I' t in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles - Riverside - Orange Counties up to a maximum percentage of five percent ( 5%).

C- 1 4A'k,, 55414. 00000\ 32996936. 2
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 9, 2026
SUBJECT: RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2026-2027 TO BE FUNDED BY SB 1
REPORT IN BRIEF:

The proposed resolution approves a list of projects to be funded by SB 1, The Road Repair and Accountability Act of 2017, for Fiscal Year 2026-2027.

RECOMMENDED ACTION:

2. Adopt Resolution No. 2026-17, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON

ADOPTING A LIST OF PROJECTS FOR THE CITY OF STANTON
FISCAL YEAR 2026-2027 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.”
BACKGROUND:

On April 28, 2017, Governor Brown signed SB 1, the Road Repair and Accountability Act of 2017. SB 1 increased per gallon fuel and diesel fuel excise taxes, as well as vehicle registration fees, with revenues deposited into the State Transportation Fund’s Road Maintenance and Rehabilitation Account (RMRA). SB 1 is expected to generate over $5 billion annually for state and local transportation improvements. A percentage of this RMRA funding is apportioned by formula to eligible cities and counties pursuant to the Streets and Highways Code (SHC) Section 2032(h).

Pursuant to SHC Section 2030(a), RMRA funds should be used to address basic road maintenance, rehabilitation, and critical safety needs for local street and road systems.

Item: 9J
Click here to return to the agenda.
2 Eligible project categories include:
• Road maintenance and rehabilitation;
• Safety projects;
• Railroad grade separations;
• Traffic control devices; and
• Complete streets components, including active transportation projects, pedestrian and bicycle safety projects, and transit facilities, along with drainage and stormwater capture projects that are in conjunction with any allowable project.

ANALYSIS/JUSTIFICATION:

Pursuant to SHC Section 2034(a), agencies are required to submit, on an annual basis, a list of eligible, proposed projects to the California Transportation Commission (CTC) in order to be eligible for RMRA funding. The list of proposed projects must be adopted by the governing board at a regular public meeting. Each project listed must include a description and location of the project, a proposed schedule for the project’s completion, and the estimated useful life of the improvements. For FY 2026-2027, the list of projects is due to the CTC by July 1, 2026.

City staff are proposing the following streets as needing work in FY 2026-2027 as part of the Western Avenue Resurfacing Project:

Street Name From To
Carie Ln Western Ave Cul-De-Sac
Western Ave Cerritos Ave Katella Ave
Western Ave Katella Ave Orangewood Ave
Western Ave Orangewood Ave City Limits
FISCAL IMPACT:

The RMRA funds will be provided to cities monthly, with distributions to the City estimated to total $1,137,829 in FY 2026/2027.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of the CEQA, this project has been determined to be exempt under Section 15378(b)(5) of the State CEQA Guidelines because CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
3 LEGAL REVIEW:

None.

STRATEGIC GOAL:

Goal 3. Provide quality infrastructure
Goal 5. Maintain and promote a responsive, high-quality and transparent government.

PUBLIC NOTIFICATION:

Notifications were performed through normal agenda process.

A. Resolution No. 2026-17
RESOLUTION NO. 2026-17

Page 1 of 3 ends

RESOLUTION NO. 2026-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,137,829 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate approximately 1.3 centerline mile segments of streets, throughout the City this year and many similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an excellent condition; and
Attachment: A
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RESOLUTION NO. 2026-17

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WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits for the City of Stanton.

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

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2026-2027 Road Maintenance and Rehabilitation Account revenues:

Project Name: Western Avenue Resurfacing Project
Project Description: Grind and overlay asphalt concrete pavement, full-depth pavement dig out, full depth road replacement, resurfacing with asphalt pavement, concrete repairs (sidewalks, curb & gutters, curb ramps), traffic control, and restriping work.

Estimated Project Schedule: October 2026 – June 2027
Locations and Project Useful Life: 7-15 Years
Street Name From To
Carie Ln Western Ave Cul-De-Sac
Western Ave Cerritos Ave Katella Ave
Western Ave Katella Ave Orangewood Ave
Western Ave Orangewood Ave City Limits
ADOPTED, SIGNED AND APPROVED this 9th day of June, 2026 DAVID J. SHAWVER, MAYOR
RESOLUTION NO. 2026-17

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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. 2026-17 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 June 9, 2026, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 9, 2026
SUBJECT: FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

FOR RETAIL MARKET ANALYSIS AND RETAIL RECRUITMENT

SERVICES
REPORT IN BRIEF:

At its Budget Workshop on May 27, 2025, the City Council directed staff to procure professional economic development consulting services for retail market analysis and retail recruitment services. At its meeting on June 24, 2025, the City Council approved a professional services agreement with The Retail Coach (“Retail Coach”) for retail market analysis and retail recruitment services. The partnership with Retail Coach over the past year has been productive and has resulted in new economic development opportunities for the City. Council will consider extending the term and compensation of the original agreement to secure an additional 12 months of professional services.

RECOMMENDED ACTION:

BACKGROUND:

To further advance the City’s Strategic Goal 2: “Promote a strong local economy,” while balancing the City’s finite human and fiscal resources, at its Budget Workshop of May 27, 2025, the City Council directed staff to procure professional economic development consulting services for retail market analysis and retail recruitment services.

Item: 9K
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2 Retail Market Analysis
Retaining a subject matter expert, or in this case a firm of experts, to conduct a retail market analysis helps cities differentiate themselves in an increasingly data-driven, competitive market. A compelling, evidence-based case is necessary to demonstrate not only that a city is viable, but that it is the ideal location for retail expansion. While many cities highlight general attributes such as population growth or geographic location, these factors alone are insufficient to attract retailers.

Retailers now utilize advanced analytics to assess potential markets, examining demographic trends, trade area characteristics, and unmet consumer demand. Cities can enhance their competitiveness by utilizing consultants to conduct a market gap analysis to identify underserved retail categories and demonstrate the community’s ability to support new businesses, including demographics, income levels, workforce presence, and retail spending power. A robust analysis should also address site-specific considerations such as visibility, accessibility, and complementary nearby tenants.

Retail Recruitment
After the research and analysis phase, cities can focus on targeted retail recruitment.

Retail recruitment plays a critical role in strengthening a local economy and enhancing quality of life. Cities must develop professional, tailored marketing materials that speak directly to retailers’ needs. Retailers are pitched constantly, so a city’s message must be clear, concise, and backed by strong visuals and site-specific information. Building relationships with commercial brokers, developers, and retail site selectors is key to closing deals. While incentives may help, the real driver is showing how a retailer’s business model fits with the city’s unique trade area and consumer base. When done right, retail recruitment fuels long-term economic growth, attracts investment, and helps create vibrant, thriving communities.

ANALYSIS/JUSTIFICATION:

Smaller cities such as Stanton, that are working with limited human and fiscal resources, can benefit greatly from hiring a professional consultant for retail market analysis and retailer recruitment for several key reasons:
• Expertise and Tools: Consultants bring specialized knowledge and advanced data tools to identify market gaps, analyze demographics, and evaluate trade areas in ways that small cities often cannot do on their own. They understand what site selectors and retailers look for and how to present data in a compelling, actionable way.
• Strategic Targeting: Rather than taking a broad or generic approach, consultants help cities focus on recruiting the right mix of retailers that fit the community’s needs and market realities. This increases the chances of successful long-term business matches.
3 • Credibility with Retailers: A professional consultant lends credibility to a city’s recruitment efforts by providing retailers with trusted, third-party insights and data.

Retailers are more likely to engage seriously when they see professional-level analysis and planning.
• Staff Capacity: Small cities may not have the in-house capacity or resources to lead a sustained and effective recruitment campaign. Consultants can fill this gap and ensure consistent outreach and follow-through.
• Faster Results: With their networks, experience, and refined process, consultants can accelerate timelines – identifying prospects, initiating conversations, and closing deals faster than cities going it alone.

Ultimately, investing in professional support helps small cities compete with larger markets and attract quality retail options that enhance local quality of life and generate critical tax revenue.

The City’s partnership with Retail Coach over the past year has proven highly effective, generating new economic development opportunities that contribute to a more diversified sales tax base, while also enhancing the visual quality and presentation of commercial properties and reinforcing Stanton’s reputation as an attractive and competitive location for business investment. In addition, Retail Coach brings an extensive network of industry relationships, facilitating meaningful connections not only between the City and prospective businesses, but also directly engaging property owners and commercial brokers. Furthermore, Retail Coach actively represents the City across the western region at key industry events, expanding Stanton’s visibility and serving as a direct extension of City staff in cultivating relationships and advancing economic development objectives.

If approved, the second year of services would be procured at a not-to-exceed cost of $20,000 for professional services and up to $3,000 for travel and marketing materials (Attachment 2). The Scope of Services includes:
• Retail Market Analysis
• Mobile Location Data Analysis
• Custom Retail Trade Area
• Demographic/Population Profile
• Psychographic Profile
• Retail Demand + GAP Analysis
• Existing Retailer Map
• Retail Recruitment Strategy
• Retail Void Analysis
• Retail Fusion Analysis
• Retail Match List
• Retail Site Identification and Inventory
• Marketing + Recruitment
• Proactive Retail Recruitment
• National + Regional Retail Conference Representation
• Retail Marketing Profiles
4 • Retail Dashboard
• Retailer-Specific Feasibility Packages
• Engagement with Local Stakeholders
• Coaching + Ongoing Support
• Monthly Update Conference Calls
• Retail Recruitment Tracking Form
• Three trips to Stanton by TRC Staff
• Unlimited Access to TRC Staff
• Other Reports As Needed
FISCAL IMPACT:

The Fiscal Year 2026-27 Operating Budget includes sufficient funds for the proposed services. The second year of services would be procured at a not-to-exceed cost of $20,000 for professional services and up to $3,000 for travel and marketing materials for a total contract not-to-exceed compensation amount of $61,000.

ENVIRONMENTAL IMPACT:

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

LEGAL REVIEW:

The City Attorney reviewed the Agreement as to form.

PUBLIC NOTIFICATION:

Through the normal agenda posting process.

STRATEGIC GOAL:

Goal 2. Promote a strong local economy.

Prepared by: Hannah Shin-Heydorn, City Manager
Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. First Amendment to the Professional Services Agreement B. Professional Services Agreement
55414.00000\40188084.1
1 CITY OF STANTON

FIRST AMENDMENT TO

AGREEMENT FOR RETAIL MARKET ANALYSIS AND

RETAIL RECRUITMENT SERVICES

1. PARTIES AND DATE.

This First Amendment to the Agreement for Services (“First Amendment”) is entered into on this 9th day of June, 2026, by and between the City of Stanton (“City”) and The Retail Coach (“Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for Retail Market Analysis and Retail Recruitment Services dated June 24, 2025 (“Agreement”).

2.2 First Amendment. The Parties now desire to amend the Agreement in order to extend the term and increase the compensation.

3. TERMS.

3.1 General Scope of Services. Exhibit “A” is hereby amended as follows.

3.2 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 July 1, 2025 to June 30, 2027, or until the Agreement is terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically, for no more than four (4) additional terms of one (1) year. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.”

3.3 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 this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Sixty One Thousand Dollars ($61,000) (“Total Compensation”) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Exhibit “C” is hereby amended as follow.

Attachment: A
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55414.00000\40188084.1
2 3.4 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this .

CITY OF STANTON THE RETAIL COACH
By:

Hannah Shin-Heydorn
City Manager
By:

Name:

Title:

ATTEST:

By:

Patricia A. Vazquez
City Clerk
By:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55414.00000\40188084.1
3 EXHIBIT “C”

COMPENSATION
Per the First Amendment, effective June 10, 2026.

Terms (12-month Agreement):

The total fee for completion of this work is $20,000 payable in three (3) installments:
• $10,000 upon execution of First Amendment;
• $5,000 at 90 days following execution of First Amendment; • $5,000 at 180 days following execution of First Amendment.

Reimbursable Project Expenses:

It is estimated that reimbursable expenses will not exceed $3,000. Reimbursable expenses include all travel costs; any costs associated with special renderings/maps; copies of reports, drawings, maps; and any shipping costs. Costs are billed as incurred. 55414.00000\31609876. 1 - 1 -

CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR

RETAIL MARKET ANALYSIS AND RETAIL RECRUITMENT SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 24th day of June, 2025, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“ City”) and The Retail Coach, a Limited Liability Company, with its principal place of business at 86 Clark Boulevard, Tupelo, Mississippi 38804 (“ Consultant”). City and Consultant are sometimes individually referred to herein as “ Party” and collectively as “ Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional retail market analysis and retail recruitment services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional retail market analysis and retail recruitment services to public clients, is duly licensed, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the provision of retail market analysis and retail recruitment services (“ Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from July 1, 2025 to June 30, 2026, or until the Agreement is terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than four ( 4) additional terms of one ( 1) year. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

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3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification ( IRS FormW- 9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’ s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “ B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’ s conformance with the Schedule, City shall respond to Consultant’ s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

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

The key personnel for performance of this Agreement are as follows: Charles Parker, Project Director.

3.2.5 City’ s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“ City’ s Representative”). City’ s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Crystal Landavazo, Community Development Director, or his or her designee, as the City’ s contact for the Docusign Envelope ID: 2234A298- DAFC- 475B-B0BB-D0A0CA777CA0 55414.00000\31609876. 1 - 3 -
implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’ s Representative or his or her designee.

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

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

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

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

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice 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, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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3.2.10 Insurance.

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

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

Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or ( 3) contain any other exclusion contrary to the Agreement.
b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “ Any Auto” ( Symbol 1) with minimum limits of 1,000,000 each accident.
c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed ( for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

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d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’ s Liability Insurance with a limit of not less than $ 1,000,000 per accident for bodily injury and disease.

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and ( c) Contractor’ s Pollution Liability shall be endorsed to provide the following:
1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not ( 1) be restricted to “ ongoing operations”; ( 2) exclude “ contractual liability”; 3) restrict coverage to “ sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. 2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.
b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and ( d) Professional Liability shall be endorsed to provide the following:
1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.
c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day Docusign Envelope ID: 2234A298- DAFC- 475B-B0BB-D0A0CA777CA0 55414.00000\31609876. 1 - 6 -
written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

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

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

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3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’ s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’ s policies.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: ( A) adequate life protection and life saving equipment and procedures; ( B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and ( C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements of up to THREE THOUSAND DOLLARS ($ 3,000), for all Services rendered under this Agreement at the rates set forth in Exhibit “ C” attached hereto and incorporated herein by reference. The total compensation shall not exceed THIRTY EIGHT THOUSAND DOLLARS ($ 38,000) (“ Total Compensation”) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation.

Consultant shall submit to City three statements for payment over the course of the term of this Agreement. The statements will be submitted as follows: $15,000 upon execution of contract; 10,000 at 90 days following execution of contract; and $ 10,000 at 180 days following execution of contract. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

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

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

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

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3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

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

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

Consultant:

The Retail Coach
86 Clark Blvd.

Tupelo, MS 38804
ATTN: Charles Parker, Project Director
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City:

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

3.5.3 Ownership of Materials and Confidentiality.

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

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

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’ s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’ s proprietary information (“ Proprietary Information”) unless the City’ s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

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

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

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

3.5.6 Indemnification.

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

If Consultant’ s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’ s performance as a “ design professional” ( as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’ s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’ s liability for such claim, including the cost to defend, shall not exceed the Consultant’ s proportionate percentage of fault.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

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

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

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

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

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

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

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

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

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

3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely Docusign Envelope ID: 2234A298- DAFC- 475B-B0BB-D0A0CA777CA0 55414.00000\31609876. 1 - 12 -
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

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

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Signatures on following page.]
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IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ________ day of __________, 2025.

CITY OF STANTON THE RETAIL COACH
By:

Hannah Shin- Heydorn
City Manager
By:

Aaron Farmer
President
If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary,

AND CORPORATE SEAL OF
CONSULTANT REQUIRED]
ATTEST:

By:

Patricia A. Vazquez
City Clerk
By:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
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EXHIBIT “ A”

SCOPE OF SERVICES
Consultant shall perform the following services ( collectively, “ Services”) for the City to the City’ s satisfaction:

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EXHIBIT “ B”

SCHEDULE OF SERVICES
Consultant shall perform the Services in a timely and diligent manner. Consultant shall regularly update the Client, as well as City Staff, on progress and promptly notify them of any significant developments or issues. Consultant shall meet all deadlines established by the City.

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EXHIBIT “ C”

COMPENSATION
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CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 9, 2026
SUBJECT: AWARD OF CONTRACT TO INTEGRATED DEMOLITION AND REMEDIATION, INC. FOR THE 8941 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
$75,000
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 eighteen 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 8941 Pacific Avenue to prevent trespassing and vandalism and to preserve the public health, safety, and welfare of the community.

RECOMMENDED ACTION:

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

2. Authorize staff to exercise an exception to the standard procurement procedures in the best interests of the City to preserve the public health, safety, and welfare of the community; and
Item: 9L
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3. Approve an additional allocation of $75,000 from the Housing Authority Fund (#285) Fund Balance to Housing Authority Capital Outlay for an amended total budget of $75,000; and

4. Award a construction contract to Integrated Demolition and Remediation, Inc., to provide professional demolition and abatement services in the amount of $75,000; 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

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.)
As of 2024, 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. As of 2024, 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 eighteen months.

Complaints made to City staff and property management within the last eighteen 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 eighteen 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 8941 Pacific Avenue have experienced trespassing by transients despite the City’s and QMG’s numerous attempts to board and secure the vacant units. The following is a sampling of challenges associated with leaving this 4-plex vacant structure standing:
• Property management and City staff have received numerous complaints from residents regarding concerns for their personal safety, after-hours parties, drug sales, and personal assault. Residents state they do not call 911 for fear of retaliation from the transients.
• The City, through QMG, boards the structure each time it is made aware that transients or trespassers have pried boards off of the windows or entryways. • In 2022, under similar circumstances, Community Action Partnership of Orange County staff supported demolition of a vacant unit that was also vulnerable to transient activity.

ANALYSIS/JUSTIFICATION:

The City requires the services of a qualified contractor to demolish and abate the 4-plex building located at 8941 Pacific Avenue and associated garage. The project consists of demolition and removal, 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 $75,000 to complete the demolition and abatement project.

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

FISCAL IMPACT:

Staff is seeking Council approval for an additional allocation of $75,000 from the Housing Authority Fund (#285) Fund Balance to Housing Authority Capital Outlay for an amended total budget of $75,000
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. Short Form Construction Contract - Integrated Demolition And Remediation, Inc. 8941 PACIFIC AVENUE DEMOLITION PROJECT -1-

SHORT FORM CONSTRUCTION CONTRACT

CITY OF STANTON

SHORT FORM CONSTRUCTION CONTRACT
8941 PACIFIC AVENUE DEMOLITION PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this ___________ day of ________, _______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 Ave, 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 8941 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 Seventy-five Thousand Dollars ($ 75,000.00) (“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 AVE
ANAHEIM, CA 92805
ATTN: JAY GANDHI
CITY:

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

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

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

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

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

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

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

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

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

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

3.20.15 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

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

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

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

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

CITY OF STANTON
Approved:

By:

Hannah Shin-Heydorn
City Manager
ATTESTED:

By: _______________________________
Patricia A. 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
8941 PACIFIC AVENUE 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: May 12, 2026
Daniel Herrera
Engineering Assistant / Public Works & Engineering
City of Stanton Proposal#IDR2026-0123R1

Project Name: City of Stanton 8941 Pacific Avenue - 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 @ 8941 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
-P&P Bonds included
$ 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
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].
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EXHIBIT B
EXHIBIT “B”

PLANS AND SPECIFICATIONS

CONTRACTOR SHALL OBTAIN DEMOLITION PERMITS FOR THIS PROJECT 8941 PACIFIC AVENUE DEMOLITION PROJECT -28-

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EXHIBIT C
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “E” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. 8941 PACIFIC AVENUE DEMOLITION PROJECT -29-

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EXHIBIT D
EXHIBIT “D”

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

INTEGRATED DEMOLITION AND REMEDIATION, INC.

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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EXHIBIT E
EXHIBIT “E”

PAYMENT AND PERFORMANCE BONDS
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EXHIBIT E

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

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

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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EXHIBIT E
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

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

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

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining 8941 PACIFIC AVENUE DEMOLITION PROJECT -36-

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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-38-

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EXHIBIT E

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 9, 2026
SUBJECT: REVIEW AND APPROVE THE DRAFT PROPOSITION 218 PUBLIC

HEARING NOTICE REGARDING PROPOSED RATE INCREASES TO

SOLID WASTE SERVICES
REPORT IN BRIEF:

The City of Stanton has an exclusive franchise with CR&R, Inc. (“CR&R”) for the collection, disposal, recycling, and processing of solid waste, green waste, food scrap waste, and recycling within the City. CR&R is proposing to increase the rates it charges for the collection and handling of solid waste within the City to account for annual inflationary rate increases and increased landfill tipping fees imposed by OC Waste & Recycling.

As such, the solid waste fees are proposed to be adjusted to pass through the increase in tipping fees. Further, each September 1 thereafter, through and including September 1, 2030, the then-current solid waste service fees are proposed to be adjusted annually based on the City’s agreement with the County of Orange for CPI adjustments. 60% of the increase shall be comprised of the CPI published by the Bureau of Labor Statistics for all Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Item: 12A
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Average (CUSR0000EHG). The remaining 40% of the increase shall be comprised of the CPI for All Urban Consumers, not seasonally adjusted, all items index – all items in Los Angeles-Long Beach-Anaheim (CUURS49ASA0).

RECOMMENDED ACTION:

2. It is recommended that the City Council review and approve the draft Proposition 218 public hearing notice regarding the proposed rate increases for solid waste services.

BACKGROUND:

The City has an exclusive franchise agreement with CR&R for the collection and handling of refuse, recyclable materials, and organic waste (green waste and food scrap waste) within the City (collectively “Solid Waste Service”). The current agreement was entered into in 2023 and is set to expire on October 31, 2037. A franchise fee is paid to the City by CR&R equivalent to 10% of citywide receipts and there is an option to increase rates annually by the percentage increase in the CPI, subject to the competitive rate increase discussed above. CR&R may also request an extraordinary adjustment to rates, which include extraordinary changes in the tipping fee charged by the Orange County Landfill System, or changes in a direct per ton surcharge assessed at the Disposal site by Federal, State, or local regulatory agencies.

Under the current agreement, all properties within the City are required to subscribe to the Solid Waste Service provided by CR&R. Pursuant to the agreement, Solid Waste Service fees are imposed on customers within the City who receive Solid Waste Service from CR&R. The revenues from the charges are used to pay CR&R for the Solid Waste Service provided.

ANALYSIS:

The rate structure for the Solid Waste Service has two customer classes, residential and commercial (which includes multi-family, residential and industrial customers).

Residential customers are billed quarterly and commercial customers are billed monthly by CR&R. For single-family residential customers, the Solid Waste Service Fees are calculated on the basis of the number of solid waste containers they use. For commercial customers, the Solid Waste Service Fees are charged on the basis of the size (in gallons or cubic yards) of the solid waste containers (i.e., bins or roll-off containers) that they use, the type of material collected in the container, and the number of pick-ups per week.

Customers may request temporary extra pick-ups of their containers and bins than are scheduled and may also request the delivery of temporary extra bins to their property. A separate rate is charged to any customer who requests these services. The proposed rates for each customer class and service level are shown in Exhibit A of the attached notice.

Out of an abundance of caution, the City typically holds a Proposition 218 majority protest process prior to implementing increased rates. A summary of those procedures are provided below:

1. At least 45 days in advance of the public hearing, a notice must be mailed out to all property owners and customers responsible for payment of the charges proposed to be increased. The notice must include, at a minimum, the following information:
a. A description of the reasons for the cost increase;
b. The proposed rate increases; and
c. The Public Hearing date and time.

2. The Proposition 218 hearing must be held in accordance with California Constitution Article XIII D. At the hearing, the City Council shall consider all written and oral comments received. Written comments are a formal protest; oral comments are not a formal protest and will not be counted in the calculation of whether a majority protest exists. Only one written protest is allowed per identified address or parcel number. The written protest must include, at a minimum, the following information:
a. State that the identified property owner or tenant opposes the proposed fee increases to the solid waste collection rates; b. Provide the location of the identified parcel (by street address or assessor parcel number); and
c. Include the name and signature of the property owner or tenant submitting the protest.

3. If protests against the rate increase are not received from a majority of the property owners and/or tenants, the City Council will be authorized to approve the proposed rate changes, as adopted by a resolution.

FISCAL IMPACT:

The proposed rate increases would enable CR&R to continue to provide the Solid Waste Service at current levels. Residential and commercial solid waste customers should expect to pay the rates identified above and also presented in the attached public hearing notice, as further adjusted by the CPI Adjustment and limited by the competitive rate guarantee.

ENVIRONMENTAL IMPACT:

The approval of the Proposition 218 notice is not subject to the requirements of the California Environmental Quality Act (“CEQA”). This approval is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The approval of the Resolution is exempt from CEQA review because it does not constitute a project under CEQA pursuant to Section 15378(b)(5) of the State CEQA Guidelines, which provides that organizational and administrative activities of governments that will not result in physical changes in the environment are not considered projects for CEQA purposes.

LEGAL REVIEW:

Approved as to form.

STRATEGIC GOAL:

Goal 4. Ensure fiscal stability.

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

PUBLIC NOTIFICATION:

Notifications were performed through the normal agenda process.

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

A. Proposition 218 Public Hearing Notice Regarding Proposed Rate Increases to Solid Waste Services
55414.00710\45049869.1

NOTICE OF PUBLIC HEARING

CONCERNING PROPOSED RATE INCREASES

TO SOLID WASTE SERVICE RATES
NOTICE IS HEREBY GIVEN that the City Council of the City of Stanton (the “City”) will conduct a Public Hearing on August 11, 2026, at 6:30 p.m., in the City Council Chamber in the City Hall, located at 7800 Katella Ave., Stanton, CA 90680, or as soon thereafter as the matter may be heard, to consider adopting increases and adjustments in the current Solid Waste Service Fees. The public may view the hearing remotely. However, comments will only be accepted in written form and inperson; remote viewers will have no option to question or comment. The City will provide information on attending and participating in the public hearing remotely and will post that information on the City’s website when such information becomes available in the meeting agenda for the public hearing.

REASONS FOR THE PROPOSED RATE INCREASES
The City has an exclusive franchise agreement with CR&R Inc. (“CR&R”) for the collection and handling of solid waste, green waste, food scrap waste, and recycling within the City (collectively, “solid waste services”). All properties that generate waste within the City are required to subscribe to the solid waste services provided by CR&R. Pursuant to the franchise agreement, Solid Waste Service Fees are imposed on customers in the City that receive solid waste services from CR&R. CR&R bills the customers directly for these services. The revenues from the rates are used to pay CR&R for the solid waste services provided under the franchise agreement.

The franchise agreement also provides that the rates charged by CR&R may be adjusted for other extraordinary factors.

The landfills in the County are owned and operated by OC Waste & Recycling (a department of the County of Orange). The City is contractually obligated to direct its waste to County landfills. The cost of landfilling waste collected in the City is a significant portion of CR&R’s operating costs.

PROPOSED SOLID WASTE SERVICE FEES
Pursuant to the agreement, CR&R has requested an extraordinary adjustment to its rates to recover the increased cost of landfilling the waste it collects in the City. The City has reviewed and approved CR&R’s requested rate adjustments. If adopted, the rates shown Attachment: A
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55414.00710\45049869.1
in Exhibit A attached to this notice will become effective September 1, 2026, following implementation of the County landfill tipping fee increase effective July 1, 2026.

The rate structure for the Solid Waste and Recycling Services has two customer classes, residential and commercial (which includes multi-family, residential and industrial customers). Residential customers are billed quarterly and commercial customers are billed monthly by CR&R. For single-family residential customers, the Solid Waste Service Fees are calculated on the basis of the number of solid waste containers they use. For commercial customers, the Solid Waste Service Fees are charged on the basis of the size (in gallons or cubic yards) of the solid waste containers (i.e., bins or roll-off containers) that they use, the type of material collected in the container, and the number of pick-ups per week. Customers may request temporary extra pick-ups of their containers and bins than are scheduled and may also request the delivery of temporary extra bins to their property. A separate rate is charged to any customer who requests these services. The proposed rates for each customer class and service level are shown in Exhibit A attached to this notice.

Annual Adjustments
CPI Adjustment for Solid Waste Service Component
Beginning September 1, 2027, and each September 1 thereafter through and including September 1, 2030, the then-current Solid Waste Fees shall be adjusted based on the annual percentage change in the Consumer Price Index (“CPI”) for the Los Angeles-Long Beach-Anaheim metropolitan area.

In conjunction with the annual rate adjustments, CR&R has agreed to a maximum rate guarantee. CR&R has agreed that, notwithstanding any annual adjustment to its rates, in no event shall CR&R’s rate in the City exceed the median of rates for similar services in 13 nearby North County cities. The proposed future annual adjustments shall be adopted pursuant to Government Code Section 53756.

Tipping Fee Adjustment
Rates will also be adjusted on September 1, 2027, and September 1, 2028, to pass through the increases in landfill tipping fees to $74.00 per ton and $81.00 per ton, respectively. Each September 1 thereafter through and including September 1, 2030, the then-current Solid Waste Service fees shall be adjusted annually based on the City’s agreement with the County of Orange for CPI adjustments. 60% of the increase shall be comprised of the CPI published by the Bureau of Labor Statistics for all Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG). The remaining 40% of the increase shall be comprised of the CPI for All Urban Consumers, not seasonally adjusted, all items index – all items in Los AngelesLong Beach-Anaheim (CUURS49ASA0).

PUBLIC HEARING AND PROTESTS
Any record owner of a parcel upon which the Solid Waste Service Fees are proposed for imposition and any tenant directly liable for the payment of Solid Waste Service Fees (i.e., 55414.00710\45049869.1
a customer of record) may submit a written protest to the proposed increases and annual adjustments to the City’s Solid Waste Service Fees; provided, however, only one written protest will be counted per identified parcel. Any written protest must: (1) state that the identified property owner or tenant is in opposition to the proposed rate increases and annual adjustments to the Solid Waste Service Fees; (2) provide the location of the identified parcel (by street address or assessor’s parcel number); and (3) include the name and signature of the property owner or tenant submitting the protest. Written protests may be submitted by mail or in person to the City Clerk at 7800 Katella Ave, Stanton, CA 90680, or at the Public Hearing (date and time noted above), provided they are received prior to the close of the Public Hearing, which will occur when the public testimony on the proposed increases and adjustments is concluded. Any protest submitted via e-mail or other electronic means will not be accepted. Please identify on the front of the envelope for any written protest, whether mailed or submitted in person to the City Clerk, Attn: Public Hearing on Solid Waste Fee Increases.

The City Council will hear and consider all written protests and oral comments to the proposed rate increases at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, the City Council will consider adopting a resolution authorizing the rate increases and annual adjustments to the City’s Solid Waste Service Fees as described in this notice. If written protests against the proposed rate increases and adjustments to the Solid Waste Service Fees as outlined above are not presented by a majority of property owners of the identified parcels and tenants upon which the Solid Waste Service Fees are proposed to be imposed, the City Council will be authorized to impose the respective rate increases and adjustments. If adopted, the proposed rate increases to the Solid Waste Service Fees will be in effect beginning September 1, 2026.

The rates may also be adjusted annually for any Annual Adjustment beginning September 1, 2027, and each September 1 thereafter, for a five-year period through and including adjustments effective September 1, 2030. Prior to implementing any Annual Adjustment, however, the City must provide, or cause to be provided, written notice of the Annual Adjustment not less than 30 days prior to the effective date of the adjustment.

For further details or questions regarding the basis and reasons for the proposed rate increases and annual adjustments to the City’s Solid Waste Service Fees, please contact Cesar Rangel at (714) 890-4203. For any questions you may have regarding your customer classification, please contact CR&R at (714) 826-9049. 55414.00710\45049869.1
Exhibit A
Solid Waste Service Rates
Current Proposed Current Proposed
Residential Service Commercial Service (continued)
90 Gallon Container (3-cart with AD) $ 27.97 $ 32.71 1.5 Cubic Yard Container (3 Yard Split Bin) Second 90 Gallon Container $ 8.01 $ 12.13 1 x week $ 121.91 $ 136.13 Senior Citizen discount (10%, 65g) $ 25.59 $ 30.25 2 x week $ 202.90 $ 230.07 3 x week $ 273.00 $ 312.80
Additional Pickup per Cart $ 12.38 $ 13.66 4 x week $ 354.38 $ 407.15 Cart redelivery/Re-start $ 14.61 $ 15.06 5 x week $ 435.05 $ 500.77 Cart replacement: lost $ 73.13 $ 75.38 6 x week $ 516.42 $ 595.11 Addl cart exch. 1x/yr.: per cart $ 47.87 $ 49.34
Cart Exchange/Damaged $ 71.24 $ 73.43 2 Cubic Yard Container 1 x week $ 164.34 $ 183.35
Temporary Service 2 x week $ 265.40 $ 301.48
Temporary 3 Cubic Yard Bin $ 115.83 $ 125.97 3 x week $ 344.22 $ 396.68 3yd Clean Up Bin - Each Addt'l Day $ 7.71 $ 7.95 4 x week $ 458.79 $ 528.73 3yd Clean Up Bin - Trip Charge $ 76.43 $ 78.78 5 x week $ 529.66 $ 615.73 3yd Clean Up Bin - Overweight fee $ 64.04 $ 66.01 6 x week $ 626.12 $ 729.12 Extra Pick up Fee $ 85.90 $ 95.12
3 Cubic Yard Container
Rolloff Service 1 x week $ 202.35 $ 229.51
10 cubic yard container (10 tons) $ 992.46 $ 1,317.90 2 x week $ 326.39 $ 378.30 20 cubic yard container (5 tons) $ 667.24 $ 835.22 3 x week $ 449.52 $ 526.15 40 cubic yard container (8 tons) $ 1,000.09 $ 1,266.79 4 x week $ 576.01 $ 677.47 Compactor - per pull (max. of 8 tons) $ 882.46 $ 1,145.54 5 x week $ 712.11 $ 838.69 Per ton Fee (for all tons over the max.) $ 74.87 $ 122.58 6 x week $ 839.77 $ 991.21 Rolloff Delivery Fee $ 67.20 $ 69.27
Rolloff Cleaning Fee $ 114.65 $ 118.17 4 Cubic Yard Container Additional Day $ 15.27 $ 15.74 1 x week $ 228.70 $ 263.65 Relcoation $ 69.02 $ 71.15 2 x week $ 381.14 $ 448.69
False Run $ 77.31 $ 79.69 3 x week $ 521.51 $ 621.29
4 x week $ 660.46 $ 792.43
Commercial Service 5 x week $ 791.61 $ 955.52
95 Gallon Trash 6 x week $ 922.77 $ 1,118.63
1 x week $ 43.67 $ 48.29
2 x week $ 110.73 $ 120.70 2 Cubic Yard Compactor
3 x week $ 166.10 $ 181.05 1 x week $ 232.09 $ 267.14
4 x week $ 221.45 $ 241.39 2 x week $ 393.92 $ 461.86
5 x week $ 276.82 $ 301.75 3 x week $ 557.71 $ 658.61
4 x week $ 719.46 $ 853.24
1 Cubic Yard Container 5 x week $ 886.50 $ 1,053.33
1 x week $ 113.75 $ 124.23 6 x week $ 1,050.20 $ 1,249.98 2 x week $ 184.46 $ 204.09
3 x week $ 255.18 $ 283.96
4 x week $ 324.67 $ 362.58
5 x week $ 396.51 $ 443.60
6 x week $ 502.59 $ 559.92

MONTHLY RATES
55414.00710\45049869.1
Exhibit A (continued)
Solid Waste Service Rates
Current Proposed Current Proposed
Recycling Bin and Cart Rates Recycling Bin and Cart Rates (continued) 95 Gallon Recycle 4 Cubic Yard Compactor
1 x week $ 41.51 $ 42.79 1 x week $ 438.72 $ 508.04
2 x week $ 83.04 $ 85.60 2 x week $ 699.40 $ 832.56
3 x week $ 124.56 $ 128.40 3 x week $ 967.14 $ 1,164.37 4 x week $ 157.28 $ 162.12 4 x week $ 1,234.75 $ 1,496.04 5 x week $ 204.22 $ 210.50 5 x week $ 1,502.58 $ 1,827.93 6 x week $ 1,770.36 $ 2,159.77

1.5 Cubic Yard Recycling (3 yd Split Bin)
1 x week $ 93.82 $ 96.71 Organics
2 x week $ 152.18 $ 156.86 35 Gallon Cart (Food)
3 x week $ 210.52 $ 217.00 1 x week $ 36.27 $ 37.38
4 x week $ 267.86 $ 276.10 2 x week $ 66.24 $ 68.28
5 x week $ 327.15 $ 337.22 3 x week $ 96.22 $ 99.18
6 x week $ 414.62 $ 427.38 4 x week $ 126.07 $ 129.95
5 x week $ 156.20 $ 161.01
2 Cubic Yard Recycling 6 x week $ 191.33 $ 197.22
1 x week $ 105.65 $ 108.90
2 x week $ 196.29 $ 202.33 65 Gallon Cart (Food)
3 x week $ 266.44 $ 274.64 1 x week $ 60.47 $ 62.33
4 x week $ 309.13 $ 318.64 2 x week $ 121.01 $ 124.74
5 x week $ 378.08 $ 389.71 3 x week $ 178.72 $ 184.22
6 x week $ 437.74 $ 451.21 4 x week $ 234.09 $ 241.30
5 x week $ 290.08 $ 299.01
3 Cubic Yard Recycling 6 x week $ 351.74 $ 362.56
1 x week $ 125.09 $ 128.94
2 x week $ 250.17 $ 257.87 Organic Bin Rates
3 x week $ 360.85 $ 371.95 2 Yard Bin (Food)
4 x week $ 454.08 $ 468.05 1 x week $ 123.26 $ 127.06
5 x week $ 547.68 $ 564.53 2 x week $ 199.05 $ 205.17
6 x week $ 641.29 $ 661.02 3 x week $ 276.51 $ 285.02
4 x week $ 352.15 $ 362.99
4 Cubic Yard Recycling 5 x week $ 431.45 $ 444.72
1 x week $ 140.57 $ 144.89 6 x week $ 508.94 $ 524.60
2 x week $ 259.77 $ 267.77
3 x week $ 375.69 $ 387.25 Other Services
4 x week $ 488.52 $ 503.55 $ 38.89 $ 40.08
5 x week $ 564.18 $ 581.54 $ 6.10 $ 6.29
6 x week $ 692.08 $ 713.37 $ 115.67 $ 119.23
$ 93.77 $ 96.66
$ 610.91 $ 629.71
$ 60.91 $ 65.74
$ 23.92 $ 27.60
$ 9.28 $ 10.30
Bulky Item Pickup -
Multi-family
Additional Bulky Items
4+ on same visit
Convert to locking lid
Locking Lid fee
Bin Steam Cleaning
Addt'l Bin Exchange:

After 1x/yr
Bin Exchange
Stolen/Burnt (customer
Bulky Item Pickup -
Commercial

MONTHLY RATES

CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 9, 2026
SUBJECT: ADOPTION OF THE FISCAL YEAR 2026/27 OPERATING AND CAPITAL

BUDGET FOR THE CITY OF STANTON AND STANTON HOUSING
AUTHORITY; APPROVE EMPLOYEE BENEFITS AND SALARY RATES
FOR FISCAL YEAR 2026/27; APPROVE THE AMENDED POSITION
CLASSIFICATION MANUAL; ADOPT THE FISCAL YEAR 2026/27
APPROPRIATIONS LIMIT; ADOPT FISCAL YEAR 2026/27 RESERVE POLICY; WAIVE COMPETITIVE BIDDING REQUIREMENTS FOR
CERTAIN COMMODITY PURCHASES; APPROVE AMENDMENT

NUMBER ONE TO THE LAW ENFORCEMENT SERVICES CONTRACT
FOR FISCAL YEAR 2026/27 (COUNTY OF ORANGE); AND APPROVE INTERFUND TRANSFERS FOR FISCAL YEAR 2026/27
REPORT IN BRIEF:

During a special City Council meeting held on June 2, 2026, the City Council reviewed the Proposed Operating and Capital Budget for Fiscal Year 2026/27. During the meeting, the City Council approved several decision packages that resulted in total appropriations increasing by approximately $878,306, of which $293,896 applies to the General Fund.

Item: 12B
Click here to return to the agenda.

Page 2 of 10 ends

Stanton City CouncilJune 9, 2026

Stanton City Council
June 9, 2026