Agenda — Stanton City Council, August 11, 2026 (part 2 of 2)

(i) meets or exceeds the then applicable standards of the industry for such construction work, and (ii) is satisfactory to OCTA. Prior to commencement of any construction, maintenance, reconstruction, installation, restoration, alteration, repair, replacement or removal (other than normal maintenance) (hereinafter, "Work") on the License Property, Licensee shall submit work plans to OCTA for review and approval and if requested to Metrolink for their approval. Any such Work must be carried out pursuant to work plans approved in writing by OCTA wherein such approval is at the sole discretion of OCTA. The approval of the plans and contractors shall not be unreasonably withheld, and if the plans or contractors are not approved or denied within 10 business days of receipt of OCTA, they shall be deemed approved.

In addition, Licensee shall provide OCTA and all holders of underground utility facilities located within the License Property with at least ten (10) calendar days' written notice prior to commencement of any Work on the License Property or the Facility, except in cases of emergency, in which event Licensee shall notify OCTA's representative personally or by phone prior to commencing any Work. No Work to be performed shall risk the integrity of the railroad crossing improvements, including potential vibrations caused by construction equipment.

4.2 Restoration of License Property. Unless otherwise requested by OCTA in writing, upon termination of this Agreement, Licensee shall remove the Facility and restore the License Property to its condition immediately preceding the commencement of any Work.

5. CONTRACTORS - APPROVAL AND INSURANCE. Any contractors of Licensee performing Work on the Facility or the License Property shall first be approved in writing by OCTA. With respect to such Work, Licensee shall, at its sole cost and expense, obtain and maintain in full force and effect, throughout the term of such Work, insurance, as required by OCTA, in the amounts and coverages specified on, and issued by insurance companies as specified in Section 16, Insurance, of this Agreement. Additionally, Licensee shall cause any and all of its contractors and subcontractors which may (a) be involved with such Work, or (b) may, for any reason, need to enter onto the License Property, to obtain and maintain in full force and effect throughout the term of such Work (as applicable), insurance, as required by OCTA, in the amounts and coverages specified on, and issued by insurance companies as described in Section 16, Insurance. OCTA reserves the right, at any time and throughout this Agreement, to review and change the amount and type of insurance coverage it requires in connection with this Agreement provided OCTA gives Licensee sixty (60) days’ prior written notice of such change.

6. REIMBURSEMENT. Licensee agrees to reimburse OCTA for all reasonable costs and expenses incurred by OCTA in connection with Work on or maintenance of the License Property or the Facility, including, but not limited to, (a) costs incurred by OCTA in furnishing any materials or performing any labor, in connection with any Work on the License Property; (b) reviewing Licensee's Work plans and/or inspecting any Work; (c) installing or removing, if necessary, protection beneath or along OCTA's tracks; (d) furnishing of watchmen, flagmen and inspectors as OCTA deems necessary; and (e) such other items or acts as OCTA in its sole discretion deems necessary to monitor or aid in compliance with this Agreement.

7. LIENS. Licensee will fully and promptly pay for all materials joined or affixed to the Facility or the License Property, and fully and promptly pay all persons who perform labor upon the Facility or the License Property. The City shall not be responsible for fully and promptly paying OCTA furnished watchmen, flagmen, and inspectors, who shall be paid directly by OCTA. Licensee shall not suffer or permit to be filed or enforced against the License Property or the Facility, or any part thereof, any mechanics', materialmen's, contractors', or subcontractors' liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance or Work, or out of any other claim or demand of any kind. Licensee shall pay or cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, together with attorney's fees incurred by OCTA with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless, and defend OCTA from all obligations and claims made against OCTA for the above described work, including attorney's fees. Licensee shall immediately FILE: PE02-217

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furnish evidence of payment of any Work performed on the License Property upon request of OCTA.

Licensee may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to OCTA in compliance with applicable California law. If Licensee does not discharge any mechanic's liens or stop notice for work performed for Licensee, OCTA shall have the right to discharge the same (including by paying the claimant), and Licensee shall reimburse OCTA for the cost of such discharge within ten (10) business days after billing, including all reasonable attorneys’ fees incurred by OCTA related thereto. OCTA reserves the right at any time to post and maintain on the OCTA Property and on the License Property such notices as may be necessary to protect OCTA against liability for all such liens and claims. The provisions of this Section 7 shall survive the termination of this Agreement.

8. MAINTENANCE AND REPAIR. Licensee, at Licensee's sole expense, shall maintain and repair the License Property and the Facility in a condition satisfactory to OCTA and in accordance with the additional provisions set forth in Exhibit B attached hereto and incorporated herein during the Term of this Agreement and shall be responsible for all clean up and maintenance of the License Property resulting from its use. Licensee shall be responsible for any citations issued by any agency having jurisdiction as a result of Licensee's failure to comply with local codes. If any portion of OCTA Property, including improvements or fixtures, suffers damage by reason of the access to or use thereof by Licensee or any Licensee Party, including but not limited to damage arising from any test or investigations conducted upon the License Property, Licensee shall, at its own cost and expense, immediately repair all such damage and restore the OCTA Property to as good a condition as before such cause of damage occurred. Licensee’s obligation for repair of damage shall include, without limitation, regrading and resurfacing of any holes, ditches, cracks, indentations, mounds or other inclines created by any excavation by Licensee or Licensee Party.

9. LANDSCAPING/PROTECTIVE FENCING. If required by OCTA, Licensee, at its sole cost and expense, shall install barrier fencing and/or landscaping to shield the railroad track area from public access and/or the Facility from public view. OCTA shall have the right to review and approve fencing and/or landscaping plans prior to installation. All fencing and/or landscaping work shall be done in accordance with the provisions of Sections 4 and 5 and subject to the maintenance and repair provisions of Section 8 of this Agreement.

10. LIMITED USE. The License Property and the Facility shall be used solely for the purposes specified in Item 2 of the Basic License Provisions and for such lawful purposes as may be directly incidental and necessary thereto, but such use shall be interpreted in the most restrictive manner. No change shall be made by Licensee in the use of the License Property or the Facility without OCTA's prior written approval, which may be withheld at its sole discretion.

11. ABANDONMENT. If at any time Licensee abandons the use of the Facility or the License Property, or any part thereof, or fails to use or occupy the License Property for a continuous period of ninety (90) days for the purposes contemplated herein, then this Agreement shall automatically terminate to the extent of the portion so abandoned or discontinued, and in addition to any other rights or remedies, OCTA shall immediately be entitled to exclusive possession and ownership of that portion of the License Property and Facility so abandoned or discontinued, without the encumbrance of this Agreement. OCTA, at its option, may remove any materials, improvements, or any portion of the Facility remaining on the abandoned property, and store and/or destroy the same, at Licensee's sole expense. Licensee shall provide OCTA a written notification of its intent to cease use of the License Property and/or abandon the License Property, or any portion thereof.

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12. EVENT OF DEFAULT. If Licensee breaches, or fails to keep, observe or perform any agreement, covenant, term, or condition of this Agreement (collectively, “Event of Default”) sole, then, in addition to any other available rights and remedies, OCTA, at its option, may:
(a) perform any necessary or appropriate corrective work caused by or relating to the Event of Default at Licensee's expense, which Licensee agrees to immediately pay to OCTA such expense, including reasonable attorney’s fees, upon demand, or
(b) with or without written notice or demand, immediately terminate this Agreement and at any time thereafter, recover possession of the License Property or any part thereof, and expel and remove Licensee or any other person occupying the License Property, by any lawful means, and repossess and enjoy the License Property and the Facility, without prejudice to any of the rights and remedies that OCTA may have under this Agreement, at law or in equity by reason of Licensee's Event of Default or of such termination.

The City shall be given at least sixty (60) days written notice and opportunity to cure such breach or failure before OCTA may perform any work, terminate the Agreement, or recover possession.

13. SURRENDER. Upon termination of this Agreement, unless otherwise requested in writing by OCTA to leave all, or any portion of, the Facility in place, prior to the date of termination, Licensee, at its own cost and expense, upon a thirty-day notice to do so, shall shall immediately remove the Facility and restore the License Property to as nearly as possible the same state and condition as existed prior to the construction, reconstruction or installation of the Facility. A reasonable schedule for this work will be established. If Licensee fails to comply with the requirements of the preceding sentence, OCTA may at its option (a) perform the same at Licensee's sole cost and expense, which costs Licensee agrees to pay to OCTA immediately on demand, or (b) assume title and ownership of the Facility. No termination of this Agreement shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events happening prior to the date the Facility is removed and the License Property is restored.

14. INDEMNIFICATION. Licensee agrees to indemnify, defend and hold OCTA and its employees, officers, directors, agents and representatives and its and their respective successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, liabilities, costs and expenses, including attorney’s fees (collectively, the “Claims”) for injury or damage to real, personal, tangible or intangible property, including loss of use of any OCTA property, and all Claims for bodily injury, sickness, disease, or death of any person, arising from or in any way related to (i) any act, omission or entry upon the License Property or other activity under this Agreement by Licensee or a Licensee Party (including but not limited to any Claim by any insurance company which has paid a claim and is subrogated to the rights of the claimant), or (ii) any breach by Licensee or a Licensee Party of its obligations under this Agreement; provided, however, that no indemnification shall be provided hereunder to the extent any Claim has been caused by the gross negligence or willful misconduct of Indemnified Parties.

This Section 14 shall survive termination of this Agreement; and is in addition to any other rights or remedies which Indemnified Parties may have under the law or under this Agreement. Upon request of OCTA, Licensee shall provide insurance coverage for possible claims or losses covered by the indemnification and defense provisions of this Agreement.

Claims against the Indemnified Parties by Licensee or a Licensee Party shall not limit Licensee's indemnification obligations hereunder in any way, whether or not such claims against Indemnified Parties may result in any limitation on the amount or type of damages, compensation, or benefits payable by or for FILE: PE02-217

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Licensee or a Licensee Party under workers' compensation acts, disability benefit acts or other employee benefit acts or insurance.

15. ASSUMPTION OF RISK AND WAIVER. To the maximum extent allowed by law, Licensee assumes all risks of liability arising out of the Work, Licensee’s use of the Property, and any Licensee Party’s use of the Property.

Licensee's assumption of risk shall include, without limitation, loss or damage incurred by Licensee, including its employees, agents, and contractors, caused by defects in any structure or improvement on OCTA Property, accident, fire, or other casualty on OCTA Property, or electrical discharge, noise or vibration resulting from OCTA's transit operations on or near OCTA Property, except as arising out of the sole negligence or willful misconduct of OCTA . Except as otherwise explicitly provided in this Agreement, this assumption of risk does not include loss or damages incurred by third parties arising solely out of OCTA’s transit operations. The term "OCTA" as used in this Section 15 shall include: (a) any transit or railrelated company validly operating upon or over OCTA's tracks or other property, and (b) any other persons or companies employed, retained or engaged by OCTA. As a material part of the consideration for this Agreement, Licensee, on behalf of itself and any Licensee Party, hereby waives all claims and demands against OCTA for any such loss, damage or injury of Licensee and/or any Licensee Party. Licensee waives the benefit of California Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Licensee accepts the risk that the facts or the law may later turn out to be different than Licensee understands them to be at this time and acknowledges that this assumption of risk and waiver will not be affected by such different state of facts or law. The provisions of this Section 15 shall survive the termination of this Agreement.

16. INSURANCE.

A. Types and Amounts.

1. Licensee shall procure and maintain or cause to be maintained insurance coverage during the entire term of this Agreement. Licensee shall provide the following coverage by way of self-insurance, through coverage provided by a joint powers insurance authority, insurance, or a combination of said risk financing methods:

2. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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3. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and nonowned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (This applies to licenses with employees).

5. Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.

6. Legal Liability Coverage. The Property Insurance referenced above is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the licensed property.

B. Other Insurance Provisions:

Notwithstanding any provisions to the contrary under this License, each insurance policy required above shall contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status
OCTA, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out the license of the subject property including damage caused in whole or in part by Licensee or by those working on your behalf. General liability coverage can be provided in the form of an endorsement to the Licensee’s insurance, at least as broad as ISO Form CG 20 11 12 19 or if not available, CG 20 43 12 19.

2. Primary Coverage
For any claims related to this contract, the Licensee’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects OCTA, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by OCTA, its officers, officials, employees, or volunteers shall be excess of the Licensee’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

3. Waiver of Subrogation
Licensee hereby grants to OCTA a waiver of any right to subrogation which any insurer of said Licensee may acquire against OCTA by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not OCTA has received a waiver of subrogation endorsement from the insurer.

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4. Notice of Cancellation
Each insurance policy required above shall provide that coverage and shall not be cancelled, except with notice to OCTA.

5. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to OCTA.

6. Verification of Coverage
Licensee shall furnish OCTA with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause. All required documents are to be received and approved by OCTA before license commences. However, failure to obtain the documents prior to the license beginning shall not waive the Licensee’s obligation to provide them. OCTA reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

OCTA shall have the right at any time to inspect the License Property and the Facility to monitor compliance with the terms of this Agreement. OCTA shall be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the License Property, as it determines to be necessary in its sole judgment or useful to evaluate the condition of the License Property. Licensee shall cooperate with OCTA and its agents in any tests or inspections deemed necessary by OCTA. Licensee shall pay or reimburse OCTA and appropriate regulatory agencies, as appropriate, for all reasonable costs and expenses incurred due to the tests, inspections or any necessary corrective work and inspections thereafter.

18. HAZARDOUS/TOXIC MATERIALS USE AND INDEMNITY. Licensee shall operate and maintain the License Property in compliance with all applicable federal, state, and local environmental, health and/or safety-related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adopted in the future which are or become applicable to Licensee or the License Property ("Environmental Laws"). Licensee shall not cause or permit, or allow any Licensee Party to cause or permit, any Hazardous Materials to be brought upon, stored, used, generated, treated or disposed of on or about the brought upon, stored, used, generated, treated or disposed of on the License Property or OCTA Property. As used herein, "Hazardous Materials" means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Laws based upon, directly or indirectly, its properties or effects.

Licensee shall indemnify, defend (by counsel acceptable to OCTA) and hold harmless Indemnified Parties (as defined in Section 14) from and against all loss, liability, claim, damage, cost or expense (including without limitation, any fines, penalties, judgments, litigation expenses, attorneys' fees, and consulting, engineering, and construction fees and expenses) incurred by Indemnified Parties as a result of (a) Licensee's or a Licensee Party’s breach of any prohibition or provision of this Section 18 or (b) any release of Hazardous Materials upon or from the Facility or OCTA Property or contamination of OCTA Property (i) which occurs due to the use and occupancy of the Facility or the License Property by Licensee or a Licensee Party, or (ii) which is made worse due to the act or failure to act of Licensee or Licensee Party.

The foregoing indemnity shall be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Indemnified Parties, unless caused solely by the FILE: PE02-217

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gross negligence or willful misconduct of Indemnified Parties; shall survive termination of this Agreement; and is in addition to any other rights or remedies which Indemnified Parties may have under the law or under this Agreement.

In addition, in the event of any release on or contamination of OCTA Property and/or any adjacent property, whether or not owned by OCTA, Licensee, at its sole expense, shall promptly take all actions necessary to clean up all such affected property and to return the affected property to the condition existing prior to such release or contamination, to the satisfaction of OCTA and any governmental authorities having jurisdiction thereover.

Upon the termination of this Agreement at any time and for any reason, Licensee shall, prior to the effective date of such termination, clean up and remove all Hazardous Materials in, on, under and/or about OCTA Property, which Licensee or any Licensee Party caused or permitted to be brought upon OCTA Property, in accordance with the requirements of all Environmental Laws and to the satisfaction of OCTA and any governmental authorities having jurisdiction thereover.

19. UNDERGROUND STORAGE TANKS. NEITHER LICENSEE NOR ANY LICENSEE PARTY SHALL INSTALL OR USE ANY UNDERGROUND STORAGE TANKS ON THE LICENSE PROPERTY.

20. SUBORDINATE RIGHTS. This Agreement is subject and subordinate to all prior and continuing rights and/or obligations of OCTA, and its successors and assigns, to use OCTA Property, inclusive of the License Property, in the exercise of its powers and in the performance of its duties, or for any other purpose including but not limited to those as a public transportation body. Accordingly, there is reserved and retained unto OCTA, its successors, assigns and permittees, the right to construct, reconstruct, maintain and use existing and future rail tracks, facilities and appurtenances and existing and future transportation, communication, pipeline and other facilities and appurtenances in, upon, over, under, across and along OCTA Property, and to otherwise use OCTA Property, and in connection therewith the right of OCTA, its successors and assigns, to grant and convey to others, rights to and interests in OCTA Property, including on or in the vicinity of the License Property and the Facility. This Agreement is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title, recorded and unrecorded ("Title Exceptions") which may affect OCTA Property now or hereafter, and no provision of this Agreement shall be construed as a covenant or warranty against the existence of any such present or future Title Exceptions, whether or not arising out of the actions of OCTA, its successors or assigns. OCTA makes no representations or warranties of any kind with regard to title to the License Property and Licensee accepts the License Property “AS IS WITH ALL FAULTS”.

21. COMPLIANCE WITH LAWS. Licensee and any other Licensee Party shall comply with all applicable federal, state and local laws, regulations, rules and orders in its work on, or maintenance, inspection, testing or use of, the Facility and the License Property. OCTA may enter the License Property to inspect the Facility at any time, upon provision of reasonable notice of inspection to Licensee. Licensee shall obtain all required permits or licenses required by any governmental authority for its use of the License Property and the Facility, at its sole cost and expense.

22. CONDEMNATION. In the event all or any portion of the License Property shall be taken or condemned for public use (including conveyance by deed in lieu of or in settlement of condemnation proceedings), Licensee shall only receive compensation (if any) from the condemning entity for the taking and damage to the Facility and any other compensation or damages arising out of such taking or condemnation, whether temporary or permanent, shall be awarded to OCTA and are hereby assigned by Licensee to OCTA. Licensee shall have no rights under California law or federal law to the receipt of any damages arising out of any use or proposed use of the License Property by OCTA or its respective agents, officers, contractors or employees and in entering into this Agreement expressly waives any such rights.

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23. MARKERS. At the sole discretion of OCTA, Licensee shall place project markers in form and size satisfactory to OCTA on or about the License Property, identifying the Facility and its owners, which markers shall be constantly maintained by and at the expense of Licensee at such locations as OCTA shall designate. Such markers shall be relocated or removed upon request of OCTA without expense to OCTA.

Licensee hereby acknowledges that the absence of markers in or about the License Property and OCTA Property does not constitute a warranty or representation by OCTA of the absence of subsurface installations.

24. GENERAL PROVISIONS.

24.1 Notices. All notices and demands, which either party is required to or desires to give to the other under this Agreement, shall be made in writing and sent by certified mail, return receipt requested, postage prepaid, and addressed to such party at its address set forth in the Basic License Provisions.

Either party may change its address for the receipt of notice by giving written notice thereof to the other party in the manner herein provided. Notices shall be effective on the date delivered to custody of U.S.

Postal Service.

24.2 Non-Exclusive License. The license granted hereunder is not exclusive and OCTA specifically reserves the right to grant other licenses within the License Property so long as such other use does not reasonably interfere with use by of the License Property by Licensee as provided for in this Agreement.

24.3 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California and venue for any action or proceeding shall be within Orange County, California and if a civil action, jurisdiction shall be with the Orange County Superior Courts.

24.4 Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

24.5 Survival of Obligations. All obligations of Licensee hereunder not fully performed as of the expiration or earlier termination of any Term of this Agreement shall survive the expiration or earlier termination of this Agreement, including without limitation, all indemnification provisions and obligations, payment obligations with respect to License Fees, and all obligations concerning the condition of the License Property and the Facility.

24.6 Waiver of Covenants or Conditions. The waiver by one party of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other covenant or condition under this Agreement.

24.7 Amendment. This Agreement may be amended at any time only by the written agreement of OCTA and Licensee. All amendments, changes, revisions, and discharges of this Agreement in whole or in part, and from time to time, shall be binding upon the parties, so long as the same shall be in writing and executed by the parties hereto.

24.8 Assignment. This Agreement and the license granted hereunder are personal to the Licensee. Licensee shall not assign or transfer (whether voluntarily or involuntarily) this Agreement in whole or in part, or permit any other person or entity to use the rights or privileges granted hereunder, without the prior written consent of OCTA, which may be withheld in OCTA's sole and absolute discretion.

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Any attempted act in violation of the foregoing sentence shall be void and without effect and grant OCTA the right to immediately terminate this Agreement.

24.9 Attorney's Fees. In any judicial or arbitration proceeding involving performance under this Agreement, or default or breach thereof, the prevailing party shall be entitled to its reasonable attorney's fees and costs.

24.10 Nondiscrimination. Licensee certifies and agrees that all persons employed and any contractors retained, by either Licensee or other Licensee Party with respect to the License Property, are and shall be treated equally without regard to or because of race, religion, ancestry, national origin, disability or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act.

24.11 Further Acts. At OCTA's sole discretion, but at the sole expense of Licensee and without a right of reimbursement, Licensee agrees to perform any further acts and to execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement, including the relocation of the Facility and the license granted hereunder.

24.12 Acknowledgement of No Right to Claim Relocation Benefits Against OCTA. Licensee hereby acknowledges and agrees that if OCTA asks Licensee to vacate the License Property, then Licensee shall not be entitled to any relocation benefits under this Agreement or by virtue of state or federal law, including, but limited to, no relocation assistance, moving expenses, loss of goodwill, or other payments under the Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §4601 et seq. and/or the California Relocation Assistance Law, as amended, California Government Code §7260 et seq. Further, Licensee agrees it is not entitled to loss of good will or moving expensed from OCTA, SCRRA, Amtrak or BNSF.

24.13 Time of Essence. Time is of the essence in the performance of this Agreement.

24.14 No Recording. Licensee acknowledges and agrees this Agreement and the license granted herein does not constitute on interest in real property. Licensee shall not record or permit this Agreement to be recorded in the official records of the county where the License Property is located, which prohibition shall include any memorandum of this Agreement or any other document giving notice of the existence of this Agreement or the license granted hereunder.

24.15 Entire Agreement. This Agreement and Exhibits “A” and “B” hereto constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior verbal or written agreements and understandings between the parties with respect to the items set forth herein.

24.16 Captions. The captions included in this Agreement are for convenience only and shall not be used to define, limit, or otherwise describe the scope or intent of this Agreement or any provisions hereof, or in any way affect the interpretation of this Agreement.

24.17 Additional Provisions. Those additional provisions set forth in Exhibit “B”, if any, are hereby incorporated into this Agreement by this reference as if fully set forth herein.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date first written above.

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ORANGE COUNTY TRANSPORTATION AUTHORITY
By:

James G. Beil, P.E, Executive Director,
Capital Programs
Date: __________________________________
Approved As To Form:

By:

James M. Donich
General Counsel

LICENSEE

CITY OF STANTON
By:

Hannah Shin-Heydorn, City Manager
Date:________________
Approved As To Form:

By:________________________________________
HongDao Nguyen, City Attorney
ATTEST: ___________________________________
Patricia a. Vazquez, City Clerk
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EXHIBIT “A”
(To be Attached)
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EXHIBIT “B”
[Additional Provisions]
This Agreement is subject to the following additional terms and conditions:

1. Licensee will keep the License Property free of all weeds and trash.

2. Licensee will not encroach into non-licensed OCTA property.

3. Licensee will obtain all City and other governmental permits, if any, required for the use.

4. On or before thirty days after the commencement date Licensee will keep the License Property adequately fenced and will maintain the fence in good functional repair.

5. Licensee shall maintain License Property drainage so that drainage will not intrude into non-licensed OCTA property and shall be maintained in a condition satisfactory to OCTA and in accordance with applicable city codes.

6. The Licensee and/or Licensee’s contractor(s) shall be responsible for the location and protection of any and all surface, sub-surface, and overhead structures.

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 11, 2026
SUBJECT: CONTINUANCE OF THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY CAUSED BY HOMELESSNESS CRISIS
REPORT IN BRIEF:

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

RECOMMENDED ACTION:

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

2. Receive and file the report.

BACKGROUND AND ANALYSIS:

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

Item: 9H
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Based on the continuing impacts of homelessness on public health and safety within the City of Stanton, and pursuant to the City’s police power, the City Council’s proclamation of the existence of a local emergency will continue until further notice. The City Council previously reviewed the proclamation at its meetings of January 14, 2025, March 11, 2025, June 10, 2025, July 8, 2025, August 26, 2025, October 14, 2025, December 9, 2025, January 27, 2026, March 24, 2026, May 12, 2026, and June 23, 2026. • For the month of June 2026, City staff had at least 110 encounters with homeless individuals. Regarding offers of placement in shelters, out of 118 actions, 97% (113) resulted in homeless individuals declining shelter. The City continues to get numerous calls of concern and complaints from the following hotspot locations:
o Western & Cerritos
o Western & Katella
o Tina Pacific
• On February 5, 2025, at approximately 12:22 a.m. there was a call for service to the Orange County Fire Authority regarding a fire at Tina Pacific. Crews responded and discovered a fire in two vacant units of a partially occupied four-plex.

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

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

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

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

PUBLIC NOTIFICATION:

Notification and advertisement were performed as prescribed by law.

STRATEGIC GOAL:

Goal 1. Provide a safe community.

Goal 2. Promote a strong local economy.

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

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

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

CITY OF STANTON

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

CAUSED BY HOMELESSNESS CRISIS
REPORT IN BRIEF:

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

RECOMMENDED ACTIONS:

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

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

CALIFORNIA, PROCLAIMING THE EXISTENCE OF A LOCAL

EMERGENCY CAUSED BY CONDITIONS AND THREATENED

CONDITIONS OF HOMELESSNESS WITHIN THE CITY OF STANTON,

WHICH IF NOT CORRECTED, CONSTITUTES AN IMMINENT AND

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

Attachment: A
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BACKGROUND:

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

The City’s Investments in Combating the Homelessness Crisis:

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

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

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

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

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

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

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

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

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

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

ANALYSIS/JUSTIFICATION:

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

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

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

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

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

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

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

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

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

PUBLIC NOTIFICATION:

Notification and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVES ADDRESSED:

Obj. No. 1: Provie a safe community.

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

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

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

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

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

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

PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY

CONDITIONS AND THREATENED CONDITIONS OF HOMELESSNESS WITHIN THE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:

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

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
PATRICIA A. VAZQUEZ, CITY CLERK

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 11, 2026
SUBJECT: CONTINUANCE OF THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY REGARDING THE WESTERN HAZMAT

INCIDENT
REPORT IN BRIEF:

At its meeting of May 26, 2026, the City Council adopted a resolution proclaiming the existence of a local emergency regarding the Western Hazmat Incident. Based on the ongoing response to the Western Hazmat Incident and its effects on the City of Stanton, the City Council's proclamation of a local emergency will remain in effect until it is no longer needed.

RECOMMENDED ACTION:

2. Receive and file the report.

BACKGROUND AND ANALYSIS:

On May 22, 2026, the City Manager, acting as the Director of Emergency Services pursuant to Government Code section 8630 and Stanton Municipal Code section

2.64.060(A)(1), proclaimed the existence of a local emergency in response to the Western Hazmat Incident involving a leaking methyl methacrylate storage tank at an aerospace manufacturing facility located at 12122 Western Avenue in the City of Garden Grove, immediately adjacent to the City of Stanton. The City Council subsequently ratified the proclamation in accordance with state law at its meeting of May 26, 2026 (Attachment A).

At the time of the proclamation, the incident presented a significant threat to public health and safety due to the potential for a substantial chemical release, fire, or explosion that could affect surrounding communities, including the City of Stanton. Emergency response agencies from multiple jurisdictions coordinated mitigation efforts, and emergency protective measures were implemented to safeguard residents and property.

Item: 9I
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Since the proclamation, unified emergency response efforts have successfully stabilized the incident. On May 26, 2026, Unified Command determined there was no active chemical leak, no risk of fire or explosion, and no threat to the public, allowing all evacuation orders to be lifted. While the immediate emergency response has concluded, a restricted exclusion zone remains in place around the facility to support ongoing hazardous materials monitoring, site cleanup, environmental oversight, and waste removal. These recovery activities continue under the leadership of the Orange County Health Care Agency, in coordination with the South Coast Air Quality Management District, the U.S. Environmental Protection Agency, and other local, county, state, and federal partner agencies.

Government Code section 8630 requires the City Council to review the need for continuing a proclaimed local emergency at least once every 60 days until the emergency is terminated. The Council must proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

While emergency conditions have improved since the initial proclamation, the incident has not yet been fully resolved. The City continues to coordinate with responding agencies regarding ongoing mitigation, environmental monitoring, and recovery activities associated with the Western Hazmat Incident. Maintaining the local emergency declaration ensures the City retains access to available emergency authorities, mutual aid resources, and potential reimbursement opportunities related to response and recovery efforts, while supporting continued coordination with county, state, and regional partners.

Based on the continuing impacts of the Western Hazmat Incident and the ongoing response and recovery activities affecting the City of Stanton, and pursuant to the City’s police power, the City Council’s proclamation of the existence of a local emergency will continue until further notice. The City Council previously reviewed the proclamation at its meeting of July 14, 2026.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

PUBLIC NOTIFICATION:

Notification and advertisement were performed as prescribed by law.

STRATEGIC GOAL:

Goal 1. Provide a safe community.

Goal 2. Promote a strong local economy.

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

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

A. Staff report from May 26, 2026, entitled, “Adopt resolution ratifying Proclamation No. 2026-01 declaring the existence of a local emergency”. 1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 26, 2026
SUBJECT: ADOPT RESOLUTION RATIFYING PROCLAMATION NO. 2026-01

DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
REPORT IN BRIEF:

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. Fire and law enforcement authorities have imposed evacuation orders on the entirety of the City of Stanton and portions of Garden Grove. 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 of Stanton issued a proclamation proclaiming the existence of a local emergency. The Governor on May 23, 2026, issued a State of Emergency Proclamation in Orange County due to the Orange County Chemical Incident.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt 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, RATIFYING PROCLAMATION NO. 2026-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY.”
BACKGROUND:

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. The release is from a 34,000 gallon tank containing methyl methacrylate, an industrial chemical used in plastics and manufacturing.

Attachment: A
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2 The chemical leak poses a significant risk to public health, safety, and property because according to fire and law enforcement reports at the time of this Proclamation, the failed tank cannot be secured and mitigated. There is a possibility that thousands of gallons of chemicals could spill into the facility’s parking lot or there may be an explosion that could lead to major damage to surrounding properties and possible contamination of the local air quality at levels hazardous to humans, animals, and other living organisms.

Fire and law enforcement authorities have imposed evacuation orders on the entirety of the City of Stanton and portions of Garden Grove. 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. Based upon the scope of the toxic chemical leak and the challenge to containment, there exists the potential that said incidents have, and are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of City government.

The City of Stanton is a densely populated city within the County of Orange, which has one of the highest population densities in the United States. The continuation of this incident threatens to cause extreme peril to the safety of persons and property within the City of Stanton due to potential chemical explosions; and Due to the threat to the health, safety and welfare of residents of the City of Stanton and the County of Orange from the Orange County Chemical Incident, staff is requesting the City Council ratify Proclamation No. 2026-01 declaring the existence of a local emergency pursuant to Government Code section 8630 and Stanton Municipal Code section 2.64.060(A)(1).

ANALYSIS/JUSTIFICATION:

Government Code section 8558 defines a local emergency as “the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, … or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat.” (Emphasis added.)
3 Under Government Code section 8630, the City Council can proclaim the existence of a local emergency. Under Stanton Municipal Code (SMC) section 2.64.060(A)(1), the City Manager, as the Director of Emergency Services, can also proclaim the existence of a local emergency. Once the existence of a local emergency is proclaimed, neighboring jurisdictions and the State have the power to provide mutual aid to address the emergency conditions. Pursuant to Government Code section 8630, once proclaimed, the City Council is required to review the need for continuing the local emergency at least every 60 days until the local emergency is terminated, and must proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

Accordingly, on May 22, 2026, the City Manager, as the City’s Director of Emergency Services, declared a local emergency as authorized by Government Code section 8630 and Stanton Municipal Code section 2.64.060(A)(1). The proclamation will enable the City to more effectively respond to the potential threat to the health, safety and welfare of residents, put in place a framework that supports the continuity of essential public safety services, seek and utilize mutual aid, potentially obtain reimbursement for expenses incurred to address the Orange County Chemical Incident, and ensure the City has all available tools at its disposal to keep the community safe. City Council needs to ratify the proclamation and the need for continuing the local emergency will be reviewed every 60 days or as otherwise required by state law. This may require calling one or more special meetings in the near future.

FISCAL IMPACT:

The primary costs that would be incurred by the City are for administrative support staff in the coordination, surveillance, communication and management of the Orange County Chemical Incident local emergency, as well as the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to any potential health and safety conditions in the City. Current City costs are being covered by existing department appropriations, but will be tracked separately in the City’s Disaster Fund. Staff will pursue federal and State reimbursement for all City costs incurred.

ENVIRONMENTAL IMPACT:

This is not a project under CEQA Guidelines section 15378. 4 PUBLIC NOTIFICATION:

Public notification provided through the regular agenda process.

LEGAL REVIEW:

The City Attorney’s Office has reviewed and approved the proposed proclamation and this report as to form.

STRATEGIC GOAL:

Goal 1. Provide a safe community.

Goal 5. Maintain and promote a responsive, high-quality and transparent government Prepared by: Patricia A. Vazquez, City Clerk
Reviewed by:

Approved by:

ATTACHMENT:

A. Resolution No. 2026-16 including Proclamation No. 2026-01 PROCLAMATION NO. 2026-01

Page 1 of 3 ends

PROCLAMATION NO. 2026-01

PROCLAMATION OF THE CITY MANAGER OF THE CITY OF STANTON,

CALIFORNIA, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES,

PROCLAIMING THE EXISTENCE OF LOCAL EMERGENCY WITH THE CITY WHEREAS, the City of Stanton (City) is a municipal corporation, duly organized under the U.S. Constitution and laws of the State of California; and WHEREAS, the California Emergency Services Act, Government Code section 8550, et seq., authorizes the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and
WHEREAS, Title 2, Chapter 2.64 of the City of Stanton’s Municipal Code (SMC) empowers the City Manager, as Director of Emergency Services (Director), to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public emergency and the City Council is not in session; and WHEREAS, SMC section 2.64.020 defines an “emergency” as “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, the following circumstances exist:

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. The release is from a 34,000 gallon tank containing methyl methacrylate, an industrial chemical used in plastics and manufacturing.

The chemical leak poses a significant risk to public health, safety, and property because according to fire and law enforcement reports at the time of this Proclamation, the failed tank cannot be secured and mitigated.

There is a possibility that thousands of gallons of chemicals could spill into the facility’s parking lot or there may be an explosion that could lead to major damage to surrounding properties and possible contamination of the local air quality at levels hazardous to humans, animals, and other living organisms.

PROCLAMATION NO. 2026-01

Page 2 of 3 ends

Grove Police Department, and the Orange County Health Department have already been deployed into the affected areas, including the City of Stanton.

Based upon the scope of the toxic chemical leak and the challenge to containment, there exists the potential that said incidents have, and are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of City government.

The City of Stanton is a densely populated city within the County of Orange, which has one of the highest population densities in the United States. The continuation of this incident threatens to cause extreme peril to the safety of persons and property within the City of Stanton due to potential chemical explosions; and WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to any potential health and safety conditions in the City.

NOW, THEREFORE, THE DIRECTOR OF EMERGENCY SERVICES HEREBY DECLARES, DETERMINES, AND ORDERS AS FOLLOWS:

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

SECTION 2: Pursuant to California Government Code Section 8630 and Stanton Municipal Code sections 2.64.020 and 2.64.060, the City Manager, as Director of Emergency Services, finds and proclaims that a local emergency exists throughout the City of Stanton.

SECTION 3: During the local emergency, the powers, functions and duties of the City Manager, as the Director of Emergency Services, the Assistant Director of Emergency Services, to be appointed by the Director, the Disaster Council of the City, and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council, including but not limited to the City of Stanton Emergency Plan.

SECTION 4: During the local emergency, the Director will furnish information, enter into agreements, including, but not limited to, applications and agreements for grant funding, and to take all actions necessary to obtain emergency assistance from State and federal agencies to implement preventive measures to protect and preserve the City within the scope of the local emergency hereby declared, pursuant to the powers and duties prescribed under Chapter 2.64 of the Stanton Municipal Code. Pursuant to Section

2.64.090 of the Stanton Municipal Code, any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City.

PROCLAMATION NO. 2026-01

Page 3 of 3 ends

SECTION 5: A copy of this proclamation shall be forwarded to the Director of the Governor's Office of Emergency Services requesting that it be found acceptable in accordance with State law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Stanton; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.

SECTION 6: This Proclamation of Local Emergency shall become effective immediately and shall expire within seven (7) days unless the City Council takes action to ratify this proclamation.

SECTION 7: Severability. If any provision of this Proclamation or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Proclamation are declared to be severable.

Executed this 22nd day of May, 2026 at 12:30 p.m. PST.

HANNAH SHIN-HEYDORN, CITY MANAGER

DIRECTOR OF EMERGENCY SERVICES
ATTEST:

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

CITY ATTORNEY

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 11, 2026
SUBJECT: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTION OF RESOLUTION NO. 2026-33, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF STANTON, CALIFORNIA, APPROVING THE

MAXIMUM PERMITTED SERVICE CHARGES FOR SOLID WASTE
COLLECTION 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 within the City. CR&R is proposing to increase the rates it charges for the collection and handling of solid waste within the City in order to account for the increased cost of complying with certain new organic waste mandates. The attached Resolution would, if approved and adopted by the City Council, implement these rate increases (proposed as 3.5% for single family residential customers and 8.3% for commercial customers). Out of an abundance of caution, and without conceding the applicability of Proposition 218 (Prop. 218) to solid waste rate changes, a notice was mailed for a public hearing set for this evening’s regular meeting of the City Council to discuss the proposed solid waste rate increases called for by the first amendment to the CR&R franchise agreement.

RECOMMENDED ACTION:

1. City Council conduct a public hearing to accept written protests and verbal comments against the increased solid waste fees, track the number of valid written protests and, if the number of written protests received by the close of the public comment portion of the hearing is not sufficient to constitute a majority, make a finding that there is not a majority protest by property owners and/or tenants; and

2. Approve Resolution No. 2026-33, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, APPROVING THE MAXIMUM PERMITTED SERVICE
CHARGES FOR SOLID WASTE COLLECTION SERVICES.”
Item: 10A
Click here to return to the agenda.

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”). All properties within the City are required to subscribe to the Solid Waste Service provided by CR&R. Pursuant to the franchise agreement, Solid Waste Service Fees are imposed on customers within the City who receive Solid Waste Service from CR&R. CR&R bills customers directly for Solid Waste Service. The revenues from the charges are used to pay CR&R for the Solid Waste Service provided.

The franchise agreement provides the rates CR&R charges shall be adjusted each year for inflationary increases and also includes the option to 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.

ANALYSIS/JUSTIFICATION:

In order to recover the increased cost of landfilling the waste collected in the City, CR&R has requested an extraordinary adjustment to its rates.

The City is contractually obligated to direct its waste to the County of Orange (“County”) landfills. These County landfills are owned and operated by OC Waste & Recycling (a department of the County of Orange). During July 2026, OC Waste & Recycling implemented an 85% increase in landfill tipping fees phased in over a 3-year period. The prior tipping fee of $43.76 per ton has been increased to $67.00 per ton effective July 1, 2026. 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. Each September 1 thereafter, through and including September 1, 2030, the then-current Solid Waste Service fees shall also be adjusted annually based on the City’s agreement with the County of Orange for Consumer Price Index (“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).

Beginning September 1, 2027, and each September 1 thereafter, through and including September 1, 2030, the then-current Solid Waste Fees shall be further adjusted based on the annual percentage change in the CPI for the Los Angeles-Long Beach-Anaheim metropolitan area. Such increases shall be subject to a maximum rate guarantee under which CR&R agrees that, notwithstanding any annual adjustment to its rates, in no event shall the Charges exceed the median of rates for similar services in 13 nearby North Orange County cities. The proposed future annual adjustments shall be adopted pursuant to Government Code Section 53756.

In an abundance of caution, the City has elected to conduct a Proposition 218 public hearing prior to allowing CR&R to charge the new rates. In accordance with Proposition 218, the City mailed a notice at least 45 days in advance to all property owners and customers responsible for payment of the charges proposed to be increased. The notice included a description of the reasons for the cost increases, the proposed rate increases, and the date and time of the public hearing.

Summarized below is the Proposition 218 majority protest process and requirements:.

1. At the Proposition 218 public 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.

2. 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 the Resolution.

If the Resolution is adopted, the new rates as set forth in Exhibit A, attached to the Resolution, will go into effect on September 1, 2026. Such rates shall then be automatically adjusted to account for increases in the tipping fee and annual CPI each September 1 thereafter, for a period of five (5) years, through and including September 1, 2030 without further public hearing. Prior to implementing these rate increases, the City shall provide written notice of the rate increase at least thirty (30) days in advance of the effective date.

FISCAL IMPACT:

There is no anticipated fiscal impact to the City. The proposed rate increases would enable CR&R to continue to provide the Solid Waste Service at current levels, while also ensuring compliance with organic waste mandates.

ENVIRONMENTAL IMPACT:

The approval of the Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). This Resolution 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. This Resolution is also exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment.

PUBLIC NOTIFICATION:

In an abundance of caution, public notice pursuant to the requirements of a Proposition 218 hearing was given by mailing out, at least 45 days in advance of the hearing, a Public Notice (attached to this staff report) to all property owners and customers responsible for payment of the charges proposed to be increased.

STRATEGIC PLAN OBJECTIVES:

Goal 3. Promote quality infrastructure.

Goal 4. Ensure fiscal stability.

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

Prepared by: HongDao Nguyen, City Attorney
Reviewed by: Cesar Rangel P.E., Public Works Director/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. Resolution No. 2026-33
B. Notice of Public Hearing
RESOLUTION NO. 2026-33

Page 1 of 6 ends

RESOLUTION NO. 2026-33

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

APPROVING THE MAXIMUM PERMITTED SERVICE CHARGES FOR SOLID WASTE

COLLECTION SERVICES

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

WHEREAS, CR&R Incorporated (“CR&R”) a California corporation, provides refuse, recyclables, and organic waste (including green waste and food waste) (collectively, “solid waste”) collection, transportation, recycling, processing, composting, and disposal services to the City of Stanton (“City”) pursuant to an exclusive franchise agreement with the City (“Agreement”); and
WHEREAS, CR&R is required to provide such solid waste services (“Services”) as set forth in the Agreement; and
WHEREAS, the Agreement provides that the rates CR&R charges shall be adjusted each year for inflationary increases and may also be adjusted for other extraordinary factors; and
WHEREAS, CR&R has requested an extraordinary adjustment to its rates to recover the increased cost of landfilling the waste it collects in the City; and WHEREAS, the City Council is authorized under the Agreement to set the maximum rates CR&R may charge for the Services (“Charges”); and
WHEREAS, the City has determined that it is necessary to impose new, increased, or modified Charges to account for inflationary increases and the increased cost of landfilling waste collected in the City; and
WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner or tenant of the parcel; and WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such Charges to the record owner of each parcel upon which the Charges are proposed for imposition and any tenant directly liable for payment of the Charges; (2) the amount of the Charges proposed to be imposed on each parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and
Attachment: A
Click here to return to the agenda.

RESOLUTION NO. 2026-33

Page 2 of 6 ends

WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Notice was mailed in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, August 11, 2026; and WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges; and WHEREAS, the City Council now desires to establish and impose the proposed Charges; and
WHEREAS, the City is voluntarily complying with Proposition 218 as noted above in an abundance of caution and without conceding the applicability of Proposition 218.

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

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

SECTION 2: The City Council hereby approves the Charges effective September 1, 2026 as set forth in Exhibit A attached hereto and incorporated herein by reference. The Charges will then 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 Charges fees shall be adjusted annually based on the City’s agreement with the County of Orange for Consumer Price Index (“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).

SECTION 3: The City Council hereby approves the Charges to be adjusted based on the annual percentage change in the CPI for the Los Angeles-Long Beach-Anaheim metropolitan area beginning September 1, 2027, and each September 1 thereafter, through and including September 1, 2030. Such increases shall be subject to a maximum rate guarantee under which CR&R agrees that, notwithstanding any annual adjustment RESOLUTION NO. 2026-33

Page 3 of 6 ends

to its rates, in no event shall the Charges exceed the median of rates for similar services in 13 nearby North Orange County cities.

SECTION 4: This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). This Resolution 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. This Resolution is also exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 7800 Katella Avenue, Stanton, CA 90680. The custodian for these records is the City Clerk of the City.

SECTION 5: If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 6: This Resolution shall supersede any and all provisions of any previous resolution and/or ordinance approved by the City Council that may conflict with, or be contrary to, this Resolution.

SECTION 7: This Resolution shall take effect immediately upon its adoption.

SECTION 8: The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 11th day of August, 2026.

DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
RESOLUTION NO. 2026-33

Page 4 of 6 ends

ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2026-33 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 August 11, 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
RESOLUTION NO. 2026-33

Page 5 of 6 ends

Exhibit A
Maximum Permitted Solid Waste Collection Service Charges 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
RESOLUTION NO. 2026-33

Page 6 of 6 ends

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
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 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.

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.

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.

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: B
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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

After 1x/yr
Bin Exchange
Stolen/Burnt (customer
Bulky Item Pickup -
Commercial

MONTHLY RATES
ORDINANCE NO. 1171
PAGE 1 OF 16
ORDINANCE NO. 1171

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING ARTICLE 3 (VACANT AND FORECLOSED PROPERTY REGISTRATION) OF CHAPTER 9.16 (PROPERTY MAINTENANCE, GENERAL) OF TITLE 9 (PEACE,

SAFETY AND MORALS) OF THE STANTON MUNICIPAL CODE, RELATED TO

PROVIDING ENFORCEMENT AND MONITORING OF VACANT AND FORECLOSED

PROPERTIES
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California, authorized under its police powers to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, including regulations that protect the public health, safety, and welfare and prevent public nuisances; and WHEREAS, the City currently regulates vacant and foreclosed property registration pursuant to Chapter 9.16 of the Stanton Municipal Code; and WHEREAS, vacant properties and buildings are a major cause and source of blight in residential and nonresidential neighborhoods, especially when the owner of the property fails to maintain and manage the property; and
WHEREAS, vacant and neglected properties frequently become sites for illegal dumping, graffiti, trespassing, vandalism, illegal occupancy, arson, and other criminal activity, creating public nuisances and increasing demands on City public safety and code enforcement resources; and
WHEREAS, poorly maintained vacant properties contribute to neighborhood blight, reduce surrounding property values, discourage investment and economic development, and adversely affect the quality of life of nearby residents and businesses; and WHEREAS, vacant properties owned by absentee owners or owners who fail to regularly monitor and maintain their properties often experience prolonged deterioration and repeated nuisance activity required increased City oversight and enforcement; and WHEREAS, requiring the registration, monitoring, and maintenance of vacant properties promotes accountability, facilitates timely communication with responsible parties, and enables the City to respond more effectively to deteriorating property conditions before they become significant public nuisances; and
WHEREAS, the City has determined that amendments to Chapter 9.16 of the Stanton Municipal Code are necessary to modernize the City’s vacant property regulations, improve enforcement tools, establish clear maintenance and security standards, and better address evolving conditions associated with vacant and foreclosed properties; and Item: 11A
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ORDINANCE NO. 1171
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WHEREAS, the City Council finds the protecting neighborhoods from the adverse impacts associated with vacant properties serves a substantial public purpose and is necessary to protect the public health, safety, and welfare of the City’s residents, businesses, and visitors; and
WHEREAS, vacant properties that require repeated inspections, monitoring, and enforcement impose additional costs on the City and divert limited public resources from other municipal services. Those costs should be borne by the property owner and not by the public, including, without limitation, the requirement to obtain a property manager to manage the property or a security system to safeguard the property; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2: Article 3 of Chapter 9.16 (Property Maintenance, General) of Title 9 (Peace, Safety and Morals) of the Stanton Municipal Code is hereby amended in its entirety and restated to read as follows:
“§ 9.16.200 Purpose.

The purpose of this article is to:

A. Protect the public health, safety, welfare, and quality of life by minimizing the adverse impacts associated with vacant and foreclosed properties; B. Establish a registration program for vacant and foreclosed properties that enables the City to identify responsible owners and maintain current contact information;
C. Require the ongoing maintenance, monitoring, and security of vacant properties to prevent deterioration, blight, unauthorized occupancy, vandalism, illegal dumping, and other nuisance conditions;
D. Encourage the timely rehabilitation, lawful occupancy, redevelopment, or productive reuse of vacant properties;
E. Establish minimum maintenance, inspection, and security standards that are proportional to the condition and risk presented by a vacant property; F. Provide the City with effective administrative and enforcement tools to ensure compliance with this article; and
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G. Protect surrounding neighborhoods and preserve property values while reducing the demand on City public safety and code enforcement resources. § 9.16.210 Definitions.

For the purposes of carrying out the intent of this article, unless the content clearly indicates to the contrary, the following words, phrases, and terms shall have the following meanings:
"At-risk vacant property" or "at-risk property" means a vacant property that exhibits any of the following characteristics:

1. The structure is not being maintained but the structure is not determined to be unsafe;

2. The property can be converted for use or occupancy with minimal to moderate repairs;

3. There are no cracked, broken, or uncovered missing windows on the structures on the property;

4. Evidence of intrusion by trespassers on the property;

5. There are three or more verified code enforcement reports or complaints relating to maintenance and/or disturbances at the property;

6. The owner is responsive to city requests but does not proactively and regularly monitor or maintain the property.
"Director" means the director of the community and economic development department and/or the director of public safety services, or their designee. “Disturbance” means and includes, but is not limited to, trespassing, vandalism, illegal occupancy, illegal dumping, or other similar violations of this Code or state law.
"Failed vacant property" or "failed property” means a property that exhibits any of the following characteristics:

1. The structure and property are not being regularly maintained;

2. The structure is unsafe to enter or occupy;

3. The structure or property poses significant health or safety risks, or significant disturbances to the community;

4. The owner is unresponsive or unknown and there does not appear to be any monitoring of the property;
ORDINANCE NO. 1171
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5. Evidence of intrusion by trespassers on the property; or

6. There are three or more verified code enforcement and/or law enforcement reports or complaints relating to disturbances at the property. "Groundcover" shall mean any low plant that conceals the bare ground and protects the topsoil from erosion or drought. Examples include, but are not limited to, grass, moss, thyme, and clover.
"Hardscape" shall mean any non-vegetative feature or manmade material that is incorporated into a landscape. Examples include, but are not limited to, asphalt, concrete, pavers, stone, bricks, wood chips, and decomposed granite. "Owner" means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the county assessor's office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians, receivers, and any beneficiary and trustee who holds a deed of trust on a property in the city.
"Person" means any natural person or legal entity.
"Unoccupied" means not legally occupied. Factors that may be used, either alone or in combination, to determine whether a property is unoccupied include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility notices; disconnected utilities; accumulation of trash, junk, or other debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of furnishings or personal items consistent with residential or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is unoccupied. "Stable vacant property" or "stable property" means a vacant property that exhibits the following characteristics:

1. The structure is well maintained and can easily be occupied or used for its intended use;

2. Little or no maintenance or repairs are necessary;

3. The property is well maintained and is not obviously vacant;

4. There is no evidence of intrusion by trespassers on the property; and

5. The owner is responsive to city requests and regularly monitors the property on a proactive basis.

ORDINANCE NO. 1171
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"Substantially vacant" means: (1) for a residential property, fewer than sixty (60) percent of the units are occupied, or (2) for a commercial property, fewer than eighty (80) percent of the tenant spaces are occupied or fewer than eighty (80) percent of the usable interior square footage is occupied, or (3) for an industrial property, fewer than eighty (80) percent of the tenant spaces are occupied or fewer than eighty (80) percent of the usable interior square footage is occupied. "Vacant property" means any unimproved or improved real property in the city of Stanton regardless of how that property is zoned that is: (1) substantially vacant; (2) abandoned; (3) unoccupied and unsecured; (4) unoccupied and secured by boarding or other similar means; (5) unoccupied and has multiple code violations; (6) has been unoccupied for more than thirty days; (7) unoccupied and subject to a current notice of default, notice of trustee's sale, or pending tax assessors lien sale; (8) unoccupied and conveyed by a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust or conveyed via a deed in lieu of foreclosure; and/or (9) a property where construction, pursuant to an active building permit, is not taking place or where an inspection by the Building Department, pursuant to an active building permit, has not been conducted within the previous ninety days.
“Verified Reports” means a response by law enforcement, code enforcement, or other authorized city personnel to a reported disturbance, as defined in this article, that is documented and determined to be valid.
§ 9.16.220 Authority to administer and enforce article.

The director is authorized to administer and enforce this article. The director may adopt supplemental regulations or policies to implement and interpret this article.

These regulations or policies must conform with the purpose of this article. § 9.16.230 Scope.

A. Applicability. The provisions of this article apply to all unimproved and improved real property throughout the city of Stanton where any of the conditions specified in this article are found to exist.

B. Regulations Cumulative. The regulations provided by this article are cumulative to each other and to any other regulations under city, state, or federal law.
§ 9.16.240 Service requirements.

Any notice required to be served on an applicant or registrant under this article must be completed by either personal delivery or first-class mail. Service by mail is deemed complete at the time of deposit in the mail. Any notice issued to a registrant may be sent to the mailing address as listed on the application submitted to the city. Failure of any registrant to receive a properly addressed notice by mail ORDINANCE NO. 1171
PAGE 6 OF 16
does not invalidate any action, decision, determination, or proceeding under this article.
§ 9.16.250 Registration and exemption.

A. Registration Required. An owner of a vacant property must register their property with the director on a form provided by the city, within thirty days of the property becoming vacant, in accordance with the requirements of this article. Each beneficiary and trustee, who holds a deed of trust on a property located within the city, shall perform an inspection of the property in question prior to recording a notice of default or similar instrument with the Orange County Recorder's Office. If any property shows evidence of vacancy as provided herein, it is hereby deemed a vacant property.

B. Exemption. The provisions of this article do not apply to the following vacant properties:

1. Active Construction. There is a valid building permit for repair, rehabilitation, or construction of structures on the property and the owner is progressing diligently to complete such repair or rehabilitation within one year of the issuance of the building permit. Properties qualifying for the active construction exemption shall not be deemed vacant unless the exemption ceases to apply.
§ 9.16.260 Registration procedure.

A. Application Required. Any person seeking to register a vacant property must submit a complete, written application to the city using a form adopted by the city for that purpose.

B. Application Contents. The city will not deem an application complete until all information, documents, and fees required under this article have been provided to the city. At minimum, any applicant requesting registration of a vacant property pursuant to this article must submit the following information and documentation:

1. The name and address of each owner and any individual or property management company responsible for the security, maintenance, and marketing of the property in question.

2. The most recent legal use of the vacant property.

3. A maintenance and mitigation plan describing and documenting how the property will be secured and maintained in conformance with the requirements of this article and in a manner that protects the health, safety, general welfare, and aesthetic standards of the community.

ORDINANCE NO. 1171
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4. A description of the methods by which the person who owns, possesses or is in control of vacant property has or will secure the property against unauthorized entry.

5. The square footage of the vacant property and a statement regarding any future plans for the property.

6. Proof of fire and liability insurance coverage. Whether the owner will provide a trespass letter to the Orange County Sheriff’s Department empowering the removal of unauthorized trespassing persons from the property.

7. Such other information or documentation as the director may require.

C. Registration Fee. Each applicant must pay the nonrefundable registration fee for the administration of this article, as established by resolution of the city council, which shall include, but not be limited to, an application fee and the city’s monitoring site inspections of the property, at the time of registration and in accordance with the following schedule thereafter, with the category of property as determined by the director:

1. Stable property: Annual payment.

2. At-risk property: Quarterly payment.

3. Failed property: Monthly payment
D. Annual Registration. The registration pursuant to this section must be renewed annually. A registration is valid upon issuance and continues in effect for one year from date of issue. It expires automatically one year following the date of its issuance, unless suspended, revoked, or renewed in accordance with this article.

E. Notice City of Changes to Registration. Any person, partnership, association, corporation, fiduciary, or other legal entity that has registered a property under this article must notify the director in writing of any change of information contained in the registration within ten business days of the change. § 9.16.270 Notice.

Whenever the director has cause to believe, based upon an inspection, complaint, or report from another agency, that a property is vacant and it has not been registered as required by this article, then the director may serve the owner of record as shown on the assessor's records with a written notice requiring the owner to register the property with the department as vacant and pay the registration fee within the period of time specified in the notice, which may be no greater than thirty days.

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§ 9.16.280 Maintenance requirements for vacant properties.

A. Maintenance Required. Each vacant property must be maintained in compliance with Section 9.16.020 and the following maintenance and security requirements. To the extent that there is any conflict between Section 9.16.020 and Section 9.16.280 of this Code, the stricter maintenance standard shall control. The director may modify or waive these requirements in writing, in his or her discretion, in the case of a property that has been damaged by fire, a natural disaster, or other calamity, or that is partially vacant.

B. Exterior Maintenance. The owner must actively maintain and monitor the exterior of the property grounds so that they remain in continuing compliance with all applicable codes and regulations, and do not contribute to and are not likely to contribute to blight. Active maintenance and monitoring shall include, but not be limited to:

1. Groundcover, hardscape, or softscape shall be installed and maintained in good condition on all vacant property throughout the duration of the vacancy. Such landscaping is subject to the approval from the Community Development Director, or designee, and shall comply with the following:

A. Plants used for groundcover shall not be allowed to grow taller than six inches; and
B. Irrigation, adequate for the health and growth of groundcover plants, shall be provided and maintained throughout the duration of vacancy.

2. The property should be kept clean, watered, and weeded. Groundcover vegetation shall not be permitted to grow taller than six inches, and all bushes and shrubs shall be maintained no higher than thirty-six inches to allow for a clear view from the public right-of-way to the entire interior of the property.

3. Dead or dying plant material shall be removed and replaced with live plants compliant with Chapter 20.315 of this code and subject to the satisfaction of the director.

4. Pest and rodent infestation shall be abated on the property and documentation shall be provided verifying the abatement from a licensed professional.

5. Prompt removal of all graffiti, exterior trash, debris, rubbish, discarded furniture or discarded equipment or appliances, or items of similar nature.

ORDINANCE NO. 1171
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6. Maintenance of the exterior of any building in a good condition that is structurally safe and preserves the physical integrity of the structure, including, but not limited to, paint and finishes, foundation, roof, chimneys, flues, gutters, downspouts, scuppers, flashing, skylights, windows, doors, fences, windows, exterior stairs and decks.

7. The property shall be kept free of parked, abandoned, or inoperable vehicles except where a parking permit or other appropriate approval has been obtained from the city.

8. All portable restrooms shall be secured with locks and may be required to be removed at the discretion of the director if evidence of intrusion by trespassers occurs on the property.

9. Prevention of criminal activity on the premises and trespass by unauthorized persons.

10.Turning off all utilities that are not necessary for the upkeep and maintenance of any building.

11.Any swimming pool, spa, or pond must be emptied and kept dry and be covered in such a way that water cannot collect in the swimming pool or on top of the cover.

12.If required by the director, the enclosure of the vacant property by a wrought iron fence or similar material that is at least six feet tall and nonview obscuring. The fence must be self-supporting and may not be attached to any part of adjacent property without the adjacent owner's written permission. The fence's location, type, and method of installation is subject to approval of the director before installation; provided, however, that in no event shall the fence be chain-link, unless the property is actively being developed pursuant to a current and valid building permit. Fences shall be maintained in a safe and aesthetically pleasing manner and shall be kept free of posters, graffiti, artwork, or similar decoration. Missing or damaged fencing shall be repaired or replaced within seventy-two hours.

C. Interior Maintenance. The owner must preserve the interior of any vacant building from damage by the elements or plumbing leaks and keep it free from accumulation of garbage and other debris, and from infestation by rodents, insects, or other pests. All furniture and personal property shall be removed from the interior of vacant buildings.

D. Security.

1. General Security Requirements (Applicable to All Vacant Properties).

Every vacant property shall be secured against unauthorized entry. The owner shall submit a written security plan for approval by the director ORDINANCE NO. 1171
PAGE 10 OF 16
describing the methods that will be used to secure the property. In reviewing the security plan, the director shall consider the property's condition, history of nuisance activity or criminal conduct, and any other relevant factors affecting public health, safety, and welfare.

At a minimum, every vacant property shall comply with the following requirements:

A. Install "No Trespassing" signs in accordance with Chapter 9.94 of this Code. The director may also require additional signage identifying the owner's or property manager's name and emergency contact telephone number. Signs shall be no smaller than 18 inches by 24 inches and shall be legible from a distance of at least 45 feet.

B. Secure all gates and entrances with locks approved by the director.

C. Install and maintain any additional locks, security hardware, or interior security gates required by the director to prevent unauthorized access.

D. Remove curtains, blinds, and other window coverings from groundfloor windows to provide a clear view into vacant structures.

2. Additional Security Requirements for At-Risk and Failed Vacant Properties. In addition to the requirements of subsection (D)(1), all AtRisk and Failed vacant properties shall:

A. Install and maintain motion-activated exterior security lighting at all entrances and exits, operating from dusk until dawn, as approved by the director.

B. Install and maintain motion-activated video surveillance cameras capable of live remote viewing and two-way communication, to the satisfaction of the director.

3. Additional Security Requirements for Failed Vacant Properties. In addition to the requirements of subsections (D)(1) and (D)(2), Failed vacant properties shall provide security personnel or other directorapproved security monitoring sufficient to deter unauthorized entry and criminal activity.

Acceptable security measures may include, but are not limited to:
i. On-site licensed security personnel;
ii. Roaming licensed security patrol;
iii. Live remote video monitoring; or
ORDINANCE NO. 1171
PAGE 11 OF 16
iv. Another equivalent security method approved by the director.

The director may require twenty-four-hour, seven-day-per-week security monitoring when necessary based upon the property's condition, history of disturbances, or other documented public safety concerns.

4. Escalation for Repeated Disturbances. Notwithstanding the property's classification, if a vacant property receives three or more Verified Reports of Disturbances within any twelve-month period, the director may issue a written order requiring the owner to retain licensed security personnel or implement additional security measures. The written order shall specify:

A. The minimum level and hours of security required;
B. The duration of the requirement, which shall be not less than thirty (30) days;
C. A reasonable period for compliance.

The owner may request termination of the additional security requirement upon demonstrating to the satisfaction of the director that the conditions giving rise to the disturbances have been abated.

5. Security Personnel. Failed properties must provide documentation that adequate security is provided by on-site security personnel, roaming security patrol, or some other means such as proactive live remote video security surveillance monitoring; and twenty-four-hour seven-day-aweek on-site or live remote video security, as may be required as determined by the director on vacant property on such failed property.

However, where a vacant property is not categorized as a failed property but receives at least three Verified Code Calls for Disturbances within a twelve-month period, the director may issue a written order requiring the owner to retain licensed security personnel to monitor and protect the property. This written order shall specify:

A. The minimum hours and conditions under which security services must be provided;
B. The duration of the requirement, but not less than 30 days; and C. A reasonable time for compliance.

The property owner may request a termination of this requirement upon demonstrating that the conditions leading to the disturbances have been abated.

ORDINANCE NO. 1171
PAGE 12 OF 16
E. Inspections. The property shall be inspected each week and these inspections shall be documented and submitted in writing to the satisfaction of the director.

The director may require increased frequency of inspections if it is determined that doing so is necessary to safeguard the community from impacts that are injurious to public health, safety, and general welfare, or where the property becomes attractive to unauthorized persons and trespassers.

F. Insurance. The owner must maintain fire and liability insurance coverage as determined necessary by the director. Any insurance policy must require advanced, written notice to the director in the event of cancellation of insurance or a reduction in coverage.

G. Sign Posting. The owner of the vacant property is required to post a sign at the front of the property or building, in a conspicuous location, protected from the weather, if possible, that provides the current name, address, and phone number of the owner of record or property manager. If a notice of default or foreclosure has been recorded for the property, the lender's name, address, and telephone number must also be provided. The sign postings required by this subsection may be no smaller than 18″ X 24″ and must be of a font that is legible from a distance of 45 feet.

H. Additional Requirements for Commercial and Industrial Buildings. Any vacant commercial building must be maintained in accordance with the following requirements:

1. Buildings with fire sprinkler systems must be maintained in working order.

2. Buildings with a centralized and registered fire and burglar alarm system must be maintained in working order.

3. Buildings without fire sprinkler systems or fire alarm or burglar alarm systems shall be provided with continuous physical monitoring by means of an onsite patrol. "Continuous physical monitoring" shall mean the use of a licensed security agency operating in the city of Stanton and providing regular surveillance of the vacant building as part of the agency's security route.
§ 9.16.290 Local property management requirement.

A. A failed property and/or any property in which the owner is located more than 40 miles by road from the vacant property must be registered and must retain a local property management company with a business license in the city, and the company must be contracted to perform weekly inspections to ensure compliance with the Stanton Municipal Code. The owner must notify the director in writing of any change of information in the local property management company within ten days of a change.

ORDINANCE NO. 1171
PAGE 13 OF 16
B. The vacant property must be posted with the name and contact phone number of the local property management company. The posting must be no less than 18″ X 24″, must be of a font that is legible from a distance of 45 feet, and must contain the following: "THIS PROPERTY MANAGED BY (LOCAL PROPERTY MANAGEMENT COMPANY)," and "TO REPORT PROBLEMS OR
CONCERNS CALL (PHONE NUMBER)."
C. The posting must be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building facing the street of the front of the property so it is visible from the street. If no such area exists, the posting must be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with, weather resistant materials.

D. The local property management company must inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this article and must perform all monitoring duties prescribed in this article. If the property management company determines the vacant property is not in compliance with this article or any provision of the Stanton Municipal Code, it is the company's duty to notify the owner and bring the vacant property into compliance.
§ 9.16.300 Fees.

The city council may establish by resolution, and from time to time may amend, a registration fee and any applicable late fee to defray the administration of this article, including, but not limited to, the registration process, monitoring vacant properties, and enforcing this article. The fee required under this article is in addition to any other license, permit, or fee required by any other portion of this code. The amount of any fee, cost or charge imposed pursuant to this article is a debt to the city of Stanton that may be recovered by any means authorized by law. § 9.16.310 Enforcement.

A. Violations Unlawful. It is unlawful and declared a public nuisance for any person to operate, conduct, or maintain a vacant property contrary to the provisions of this article.

B. Criminal Penalties. Any person who violates any provision of this article is guilty of a misdemeanor punishable by a fine of up to one thousand dollars, or by imprisonment in the County Jail not exceeding six months, or by both; except the city attorney, in his or her discretion, may prosecute a violation of this article as an infraction subject to the penalties in Chapter 1.10 of this code.

C. Administrative Citations. Administrative citations may be issued for violations of the provisions of this article, as set forth in Chapter 1.12 of this code.

ORDINANCE NO. 1171
PAGE 14 OF 16
D. Civil or Equitable Enforcement. The city attorney may bring a civil or equitable action to seek the abatement of any violation of this article.

E. Aiding, Abetting, and Omissions. Whenever in this article any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

F. Ongoing Violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.

G. Remedies Cumulative. The remedies, procedures, and penalties provided by this article are cumulative to each other and to any other remedies, procedures, and penalties available under city, state, or federal law.

H. Cost Recovery. The City shall be entitled to recover any costs from the owner associated with monitoring, inspecting, and securing the subject property to meet the requirements of this article.
§ 9.16.320 Community Safety and Protection.

The director is authorized to waive or modify any standard or condition found in this chapter if it is determined that, under the particular factual circumstances, the change is warranted to safeguard the property or the surrounding community from impacts that are injurious to public health, safety and general welfare or to the stability of real property so as to interfere with the comfortable enjoyment of life or property, nor become attractive to unauthorized persons, including, but not limited to, juveniles and transients, nor constitute a health, fire or safety hazard. In making this determination, the director shall consider:

A. The history of unlawful activity at this property;
B. The overall condition of the property and structures; C. The willingness of the property owner to comply with City requests; D. The likelihood that the change will result in improved protection of the property and the public writ large;
E. Whether the requirements of this article, including without limitation Section

9.16.280, are being met or otherwise are being defeated by third parties. For example, only, if materials used to lock doors or secure windows are being broken by trespassers or intruders, the director may order more secure materials be used at the property; and
F. Any other evidence pertaining to the property and its owners, or the effects of the proposed change.”
ORDINANCE NO. 1171
PAGE 15 OF 16
SECTION 3: CEQA. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) in that the proposed Ordinance is not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment. Additionally, the City Council finds that the proposed Ordinance is not a “project” under State CEQA Guidelines Section 15378(b)(5), which excludes the “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment,” as the proposed Ordinance is not anticipated to result in a direct or indirect physical change in the environment.

SECTION 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5: Effective Date. This Ordinance No. 1171 shall be effective 30 days after its adoption.

SECTION 6: Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, and ADOPTED this 11th day of August, 2026. ______________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
______________________________________
PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE NO. 1171
PAGE 16 OF 16
APPROVED AS TO FORM:
___________________________________

HONGDAO NGUYEN, CITY ATTORNEY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1171 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 14th day of July, 2026, and was duly adopted at a regular meeting of the City Council held on the 11th day of August, 2026, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE NO. 1174
PAGE 1 OF 22
ORDINANCE NO. 1174

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA ESTABLISHING CHAPTER 20.250 AND AMENDING VARIOUS SECTIONS OF TITLE 20 OF THE STANTON MUNICIPAL CODE ALLOWING GROUP HOMES FOR THE

BENEFIT OF THE DISABLED
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, under the California Constitution, Article XI, Section 7, the City has been granted broad police powers to preserve the residential character of residential neighborhoods, which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, “It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled” (Berman v. Parker (1954) 348 U.S. 26, 33); and
WHEREAS, courts have held that cities have the right to regulate both the number of people who may reside in a residence and the manner in which the residence is used as long as such regulations do not unfairly discriminate or impair an individual’s rights of privacy and association (see, e.g., City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123, 131–34; Ewing v. City of Carmel-By-The-Sea (1991) 234 Cal.App.3d 1579, 1595– 98); and
WHEREAS, the Federal Fair Housing Act Amendments of 1988 (“FHAA”) and the California Fair Employment Housing Act (“FEHA”) prohibit enforcement of zoning ordinances that would on their face or otherwise have the effect of discriminating against equal housing opportunities for the disabled; and
WHEREAS, a core purpose of the FHAA, FEHA, and California’s Lanterman Developmental Disabilities Services Act (“Lanterman Act”) is to provide a broader range of housing opportunities to the disabled; to free the disabled, to the extent possible, from institutional style living; and to ensure that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled; and
WHEREAS, to fulfill this core purpose, the FHAA and FEHA require that the City grant an exception to its zoning ordinances if the exception is both reasonable and necessary to accommodate a person’s legal disability to afford the disabled person an equal opportunity to use and enjoy a dwelling; and
Item: 11B
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ORDINANCE NO. 1174
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WHEREAS, Several state laws require the City to treat state licensed residential care facilities serving six or fewer as a residential use, such that it is permitted in residential zoning districts (see, e.g., Health and Safety Code, §§ 1267.8, 1566.3, 1568.0831, and 11834.23) A report conducted by the 2022–2023 Grand Jury for the County of Orange found that the resulting deinstitutionalization of group living arrangements for the disabled has had a positive effect upon the disabled;1 and
WHEREAS, the City’s goal in enacting this Ordinance is to preserve the residential characteristics of residential neighborhoods, to provide opportunities for the disabled to reside in residential zones that are enjoyed by the non-disabled; and WHEREAS, over the past several years the region has seen a significant increase in the number of residential homes being utilized as alcohol and drug recovery facilities for large numbers of individuals (“sober-living homes”); and
WHEREAS, the increase appears to be driven in part by the Substance Abuse and Crime Prevention Act of 2000 adopted by California voters, which provides that specified firsttime drug and alcohol offenders are to be afforded the opportunity to receive substance abuse treatment rather than incarceration; and
WHEREAS, the Affordable Care Act has also significantly expanded the availability of health care coverage for substance abuse treatment; and WHEREAS, the region has seen a sharp increase of sober-living homes, which has generated community outcry and complaints including, but not limited to overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of sober-living facilities in close proximity to each other creating near neighborhoods of sober-living homes (see Ohio House LLC v. City of Costa Mesa (9th Cir. 2024) 122 F.4th 1097, 1127); and
WHEREAS, this increase in sober-living homes has become a rising concern for cities statewide as local officials are in some cases being bombarded with complaints from residents about the proliferation of sober-living homes; conferences drawing local officials from around the state are being held discussing what to do about challenges associated with sober-living homes; and the appropriate regulation of sober-living homes has been the topic of several League of California Cities meetings; and 1 “Welcome to the Neighborhood: Are cities responsibly managing the integration of group homes?”, County of Orange Grand Jury Investigation, 2022-2023, https://www.ocgrandjury.org/sites/jury/files/2023-06/Welcome_to_the_NeighborhoodAre_cities_responsibly_managing_the_integration_of_group_homes.pdf.” ORDINANCE NO. 1174
PAGE 3 OF 22
WHEREAS, the state Legislature has recognized the need to prevent overconcentration of residential facilities that impairs the integrity of residential neighborhoods and leads to the institutionalization of such neighborhoods, which undermines the benefits of deinstitutionalization (Cal. Health & Saf. Code §§ 1520.5 & 1267.9). To that end, state law allows applications for new residential facility licenses to be denied if the facility’s location is near an existing residential facility, thereby resulting in overconcentration; and WHEREAS, overconcentration of other group homes for the disabled, including soberliving homes, impairs the integrity of residential neighborhoods and undermines the benefits of deinstitutionalization. The number of sober-living homes in the region is rapidly increasing, leading to an overconcentration of sober-living homes in many cities; and WHEREAS, the purpose of sober-living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the neighborhood of their choice; and WHEREAS, recovering alcoholics and drug addicts, who are not currently using alcohol or drugs, are considered disabled under both the FHAA and FEHA; and WHEREAS, this Ordinance and the balance of the City’s zoning provide a benefit to group homes by allowing these facilities to locate in residential neighborhoods, whereas a similarly situated and functioning home with non-disabled tenants would be defined and prohibited as a boarding house; and
WHEREAS, group homes (including sober-living homes) typically do not function as a single housekeeping unit for the following reasons: (1) they house transient populations (programs are generally about 90 days and, a 2005 UCLA study found that 65–70 percent of recovering addicts leave even earlier2 ); (2) the residents generally have no established ties to each other when they move in and typically do not mingle with other neighbors; (3) neighbors generally do not know those who reside in the home, nor do the residents know the neighbors; (4) the residents have little to no say about who lives or doesn’t live in the home; (5) the residents do not generally share expenses; (6) the residents are often responsible for their own food, laundry and phone; (7) when residents disobey house rules they are often just kicked out of the house; (8) the residents generally do not share the same acquaintances; and (9) residents often pay significantly above-market rate rents. The lack of single-housekeeping-unit characteristics contributes to institutional living conditions; and
2 David Deberry and Jeff Ballinger, Group Homes in the Neighborhood, Western City Magazine, September 1, 2006.

ORDINANCE NO. 1174
PAGE 4 OF 22
WHEREAS, the size and makeup of the households in group homes, even those allowed as a matter of right under the Code, can create institutional living conditions because they tend to be larger than average single housekeeping units, creating impacts on water, sewer, roads, parking and other City services that are far greater than the average household, in that the average number of persons per California household is 2.86.3 A sober-living facility allowed as a matter of right can house six residents plus a resident manager, which is more than twice the average California household size; and WHEREAS, all individuals residing in a sober-living facility are generally over the age of 18, while the average household in the United States has just 1.96 individuals over the age of 18 according to federal census data;
4 and
WHEREAS, because of their transient populations and above-average numbers of adults residing in a single home, group homes (including sober-living facilities) present impacts to residential neighborhoods not typically associated with more traditional single-family uses, which contributes to the institutionalization of residential neighborhoods and residential care environments, which in turn reduces the benefits of residential environments for disabled residents in group living arrangements. These impacts include:
the housing of large numbers of unrelated adult who may or may not be supervised; excessive noise and outdoor smoking, which interferes with the use and enjoyment of residential neighborhoods; little to no interaction with the neighborhood; irresponsible operators with a history of opening facilities in complete disregard of the Code and with little disregard for impacts to the residential environment; disproportional impacts from the average dwelling unit to nearly all City services including sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area; and
WHEREAS, among other things, this Ordinance establishes a 750-foot distance requirement between group homes, which provides many opportunities for the operation of group homes within the City and still results in preferential treatment for group homes that serve non-disabled individuals in a similar living situation (i.e., in boardinghouse-style residences) which cannot operate in residential zones; and 3 United States Census Bureau, 2019-2023,
https://www.census.gov/quickfacts/fact/table/CA/HSD310223. 4 United States Census Bureau, Table AVG 1. “Average Number of People per Household, by Race and Hispanic Origin, Marital Status, Age, and Education of Householder: 2023,” https://www.census.gov/data/tables/2023/demo/families/cps2023.html.

ORDINANCE NO. 1174
PAGE 5 OF 22
WHEREAS, housing inordinately large numbers of unrelated adults in a single-residence or congregating group homes in close proximity to each other does not provide the disabled with an opportunity to “live in normal residential surroundings,” but rather subjects them to living environments that resemble the types of institutional living that the FEHA and FHAA were designed to provide relief from for the disabled, and which no reasonable person could contend provides a life in a normal residential surrounding (see Ohio House LLC v. City of Costa Mesa (9th Cir. 2024) 122 F.4th 1097, 1127); and WHEREAS, notwithstanding the above, the City Council recognizes that, when operated responsibly, group homes (including sober-living homes) provide a societal benefit by providing the disabled the opportunity to live in residential neighborhoods, as well as providing recovery programs for individuals attempting to overcome their drug and alcohol addictions. Providing greater access to residential zones to group homes, including sober-living homes, than to boardinghouses provides a benefit to the City and its residents; and
WHEREAS, without sufficient, appropriate regulation, there is no way to ensure that the individuals entering into a group home are disabled individuals and entitled to the protections under local and state law; that a group home is operated professionally to minimize impacts to the character of residential neighborhoods; and that the secondary impacts which cause the institutionalization of group homes due to concentration of both group homes in a neighborhood and large numbers of unrelated adults residing in a single facility in a single home are lessened; and
WHEREAS, state-licensed homes treatment homes are subject to some regulation, but have been known to generate an increased number of emergency calls in two Orange County cities. In Mission Viejo, 10 state-licensed addiction treatment homes generated 84 emergency service calls, including 35 disturbances, 15 assists from county paramedics and reports of attempted suicide, battery, vandalism, fraud, mental health crises and gunshots in a three-year period. Similarly, in Dana Point, 18 state-licensed facilities generated 42 emergency calls for service, including disturbances, overdoses, mental health crisis, evictions, and welfare checks in a one-year period.5 Unlicensed group homes, currently, cannot be similarly reviewed to ensure that they are being professionally operated in a manner that is not detrimental to the adults residing in the home; and
5 Terry Sforza, Addiction treatment and sober homes, with their spasms of chaos, prompt new bills, March 17, 2024,
https://www.ocregister.com/2024/03/17/addiction-treatment-sober-homes-spasms-ofchaos-prompt-new-bills/.

ORDINANCE NO. 1174
PAGE 6 OF 22
WHEREAS, the California Research Bureau issued a report analyzing how unregulated sober-living homes can function more like businesses, leading to concentration and impacts on residential neighborhoods. The report identifies that sober-living homes are integral to California’s system of substance abuse resources but noted that unregulated facilities in less affluent areas have allegedly offered dangerous, overcrowded or otherwise illegal housing;6 and
WHEREAS, in April 2024, a grand jury indictment was issued for the owner and operator of addiction treatment facilities in Orange County for allegedly paying nearly $175,000 in illegal kickbacks to individuals who referred patients to his facilities, a practice known as “body brokering.”7 Evidence of these practices further the concern that appropriate regulations should be in place for all group homes to ensure the safety and fair treatment of residents in these facilities; and
WHEREAS, the California State Auditor conducted an audit of the Department of Health Care Services, focused on residential drug and alcohol treatment facilities, and released a report on October 24, 2024. The audit found that Southern California has a higher concentration of small facilities compared to the rest of the state, with Orange County having the highest concentration of small facilities. Additionally, the audit found that many small facilities are located in close proximity to each other and share a common owner.8 Small facilities are not subject to state licensing requirements and have not been subject to local regulations which allowed the accumulation of small facilities in concentrated areas. While the audit did find that the Health Care Services compliance inspections can be effective in ensuring compliance, the department did not conduct those inspections in a timely manner. This further supports the needs for appropriate local regulations to assist in ensuring these facilities remain beneficial for residents of the facilities; and 6 “Sober Living Homes in California: Options for State and Local Regulation”, California Research Bureau, October 2016,
https://lagunahillsca.gov/DocumentCenter/View/2652/Sober-Living-Homes-in-California- --Options-for-State-and-Local-Regulations.
7 “Press Release: Orange County Sober Living Homes Owner Indicted for Allegedly Paying Nearly $175,000 in Kickbacks to ‘Body Brokers’ for Referring Patients”, United States Department of Justice, April 29, 2024,
https://www.justice.gov/usao-cdca/pr/orange-county-sober-living-homes-owner-indictedallegedly-paying-nearly-175000. 8“2023-120 Drug and Alcohol Treatment Facilities”, California State Auditor, October 24, 2024,
https://www.auditor.ca.gov/reports/2023-120/.

ORDINANCE NO. 1174
PAGE 7 OF 22
WHEREAS, the County of Orange Grand Jury Report and Recommendations, 2022- 2023, reviewed the challenges of successfully integrating group homes into neighborhoods. The report recognized that group homes are an important component in the healthcare and/or recovery of many. The report also highlighted that when group homes are operated for the well-being of their residents, they can be an asset to their host community. The Grand Jury Report recommended that the County of Orange and its cities create ordinances and work with legislators to improve regulations and management standards to ensure health and safety for group home residents;9 and WHEREAS, the purpose of group homes for the disabled is to provide the disabled an equal opportunity to comfortably reside in residential neighborhoods of their choice; and WHEREAS, in addition to group homes locating in residential neighborhoods, other statelicensed residential care facilities are also taking up residence in residential neighborhoods; and
WHEREAS, the purpose of group homes for the disabled is to provide the disabled an equal opportunity to comfortably reside in residential neighborhoods of their choice; and WHEREAS, pursuant to Cal. Const. Art. XI, Sec. 7 and under the City of Stanton’s (“City”) general police powers, the City is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and
WHEREAS, the City protects the health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing and health, and safety regulations on specified commercial activities; and WHEREAS, on June 3, 2026, the Planning Commission held a duly-noticed public hearing to consider the Ordinance. The Planning Commission continued the item to a date certain, on June 17, 2026, to allow further organization of the proposed Code amendments; and WHEREAS, on June 17, 2026, the Planning Commission held the continued public hearing to take comments and consider the Ordinance, staff report, recommendations by staff, and public testimony regarding this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
9 “Welcome to the Neighborhood: Are Cities responsibly managing the integration of group homes?”, County of Orange Grand Jury Report and Recommendations, 2022- 2023,
https://www.ocgrandjury.org/sites/jury/files/2023-06/Welcome_to_the_NeighborhoodAre_cities_responsibly_managing_the_integration_of_group_homes.pdf.

ORDINANCE NO. 1174
PAGE 8 OF 22
WHEREAS, on July 14, 2026, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

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

SECTION 2: CEQA. The City Council finds that adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") for the following reason:
(1) The Code Amendment is categorically exempt under the California Environmental Quality Act (“CEQA”), Section 15061(b)(3) (“common sense exemption”) 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. Specifically, and as noted above, this ordinance will not result in any construction or any other physical change to the environment because it involves creating regulations and an administrative process for group homes. Thus, there is no possibility that this Code Amendment would have a significant effect on the environment.

SECTION 3: General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c). Based on all evidence in the record for the Ordinance and all other applicable information presented, the City Council finds, in compliance with SMC §20.610.060.B, that the proposed Ordinance is appropriate for the following reasons:

1. Consistency with City’s General Plan: Strategy LU-1.1.2: Ensure adjacent land uses are compatible with one another. This strategy proposes implementation of the overarching LU-1: Balanced Land Use issue which states the General Plan intends to provide a balance of residential, commercial, industrial, educational, service, and recreational needs to ensure a strong and viable community. The Ordinance introduces clear definitions and standards to ensure that residential characteristics are ORDINANCE NO. 1174
PAGE 9 OF 22
preserved in order to allow opportunities for the disabled to reside in residential zones that are enjoyed by the non-disabled.

Goal LU-3.1: A range and balance of residential densities which are supported by adequate city services. The ordinance introduces provisions to standardize and facilitate the establishment of boarding houses in residential zones. The Ordinance focuses on ensuring that residential neighborhood characteristics are maintained and that various housing opportunities are available for the disabled.

Goal LU-6.1: Ensure compliance with the city’s land use code to improve the overall character of Stanton’s neighborhoods. The proposed ordinance seeks to preserve the residential characteristics of residential neighborhoods to provide opportunities for the disabled to reside in the same residential neighborhoods that are enjoyed by the non-disabled.

2. Adoption of Ordinance Will Not be Detrimental to the Public interest, Health, Safety, Convenience, or Welfare: The Ordinance includes regulations for group homes in compliance with State Mandates. The Ordinance ensures legal consistency and preventing housing discrimination while also protecting nearby uses and the community.

3. Consistency with Zoning Code: The Ordinance is internally consistent with other provisions of the City’s Zoning Code, where group homes maintains a single-family residential appearance and environment. Group homes operate as a single housekeeping unit and replicate a traditional family environment. The Ordinance provides clear definitions and objective standards.

SECTION 4: Code Amendment – Repeals. The following provisions of the Code are hereby repealed and replaced with “[Reserved]”:
(1) 20.400.290 Residential Care Facilities
(2) 20.400.310 Residential Care Facilities for the Elderly SECTION 5: Code Amendment – Repeals. The following provisions of the Code are hereby repealed:
(1) The following definitions in Title 20, Article 7:
(a) Boarding or Rooming House
ORDINANCE NO. 1174
PAGE 10 OF 22
(b) Fair Housing Laws
(c) Group Home (Land Use)
(d) Residential Care (Land Use)
(e) Single Housekeeping Unit
(2) The following entries in Table 2-2, in Section 20.210.020:
(a) Group Home
(b) Residential Care Home – 6 or fewer
(c) Residential Care Home – 7 or more
(d) Residential Care Facility for the Elderly – 6 or fewer (e) Residential Care Facility for the Elderly – 7 or more (f) Supportive Housing
(g) Transitional Housing
(3) The following entries in Table 2-11, in Section 20.230.040:
(a) Residential Care Home – Small (up to 6)
(b) Residential Care Facility for the Elderly
(c) Supportive Housing
(d) Transitional Housing
(4) The following entries in Table 3-6, in Section 20.320.030:
(a) Boarding House
(b) Residential Care Home (up to 6)
(c) Residential Care Facility for the Elderly
(d) Supportive Housing
(e) Transitional Housing
ORDINANCE NO. 1174
PAGE 11 OF 22
SECTION 6: Code Amendment. The following provisions of the Code are hereby amended as follows:
(1) Subsection C of Section 20.210.010 is hereby amended to remove the last sentence, starting with “Quasi-residential uses…”
(2) Subsection D of Section 20.210.010 is hereby amended to remove the sentence starting with “Quasi-residential uses…”
(3) The last sentence of the first paragraph of the definition of Dwelling Unit (Land Use) in Title 20, Article 7, is hereby amended to read as follows:
“Does not include hotels/motels (“Lodging Facilities”) or garages.” SECTION 7: Code Amendment. The following provisions of the Code are hereby added:
(1) The following entry in Table 2-2, under “Residential Uses,” in section

20.210.020:

Group Home. See Chapter 20.250.
(2) The following entry in Table 2-11, under “Residential Uses,” in Section

20.230.040:

Group Home. See Chapter 20.250
SECTION 8: Code Amendment. Chapter 20.250 (Group Homes) is hereby added to Title 20 Zoning of the Stanton Municipal Code to read as follows:
“CHAPTER 20.250 - GROUP HOMES.

20.250.010 Purpose. This section is intended to preserve the residential character of residential neighborhoods, avoid institutionalization of the disabled, and further the purposes of the California Fair Employment and Housing Act, the Federal Fair Housing Act Amendments of 1988, and the California Lanterman Developmental Disabilities Services Act by, among other things:
(1) prohibiting boardinghouses within the City; (2) allowing group homes in the City, subject to streamlined administrative approval; (3) limiting the secondary boardinghouse-like impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (4) providing opportunities afforded to non-disabled individuals to use and enjoy a dwelling unit in a residential neighborhood; and (5) providing comfortable residential living environments that will enhance the opportunity ORDINANCE NO. 1174
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for the disabled and for recovering addicts to be successful in their programs.

20.250.020 Definitions. The terms below have the following meaning for purpose of this Code.

Boardinghouse means a residence or dwelling, other than a hotel or motel, wherein rooms are rented under multiple separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence.

Disabled is more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.

Fair housing laws means the Federal Fair Housing Act Amendments of 1988, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute’s implementing regulations.

Group home means a facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes include residential care facilities and sober-living homes but do not include any dwelling that operates as a single housekeeping unit.

Household means all the people occupying a dwelling unit, and includes people who live in different units governed by the same operator.

Integral facilities means any combination of two or more group homes, regardless of whether they are located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and that are integrated components of one operation.

Integral facilities are considered one facility for purposes of applying federal, state, and local laws to its use and operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.

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Integral uses means any two or more residential care programs that are administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two different care programs participate simultaneously in any commonly administered care or recovery activity. Any such integral use will be considered one use for purposes of applying federal, state, and local laws to its operation.

Operator means a company, business or individual that provides residential services, e.g., the placement of individuals in a residence, setting of house rules, or governing behavior of the residents as residents. Operator does not include a property owner or property manager who exclusively handles real-estate contracting or property management and leasing of the property as a whole, and who does not otherwise meet the definition of operator.

Residential care facility means a residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but are not limited to, the following: An intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled-nursing, as defined by California Health and Safety Code Section 1250; a congregate living health facility, as defined by California Health and Safety Code Section 1250; a community care facility, as defined by California Health and Safety Code Section 1502; a residential care facility for the elderly, as defined by California Health and Safety Code Section 1569.2; a residential care facility for persons with chronic life-threatening illness, as defined by California Health and Safety Code Section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code Section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code Section 1760.2; or a family care home, foster home, or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code Section 5116. A residential care facility is a type of group home.

Single housekeeping unit means that use of a dwelling unit in a way that satisfies each of the following criteria:

A. The residents have established ties and familiarity and interact with each other.

B. Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary.

C. Residents share meals, household activities, expenses, or responsibilities.

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D. All adult residents have chosen to jointly occupy the entire premises of the dwelling unit and they each have access to all common areas.

E. If the dwelling unit is rented, each adult resident is named on and is a party to a single written lease that gives each resident joint use and responsibility for the premises.

F. Membership of the household is determined by the residents not by a landlord, property manager or other third party.

G. The residential activities of the household are conducted on a nonprofit basis.

H. Residents generally do not have separate entrances or separate secured food-storage facilities such as cabinets or refrigerators.

I. The household is strictly resident-run; there is no care or supervision provided by a third-party or a paid resident manager at the dwelling unit or on the property.

Sober-living home means a group home for persons who are recovering from a drug or alcohol addiction and who are considered disabled under state or federal law, where no service is offered that requires a state license and where the occupants do not use the property as a single-housekeeping unit. The term sober living home therefore does not include residential care facilities or single housekeeping units.

20.250.030 Exemption. When required by state or federal law, a group home operating as a residential care facility serving six or fewer persons is:
(A) Exempt from this section, except that such facilities must comply with subsection 20.250.050(C)(10) below; and
(B) Considered a residential use of property and a single family for purposes of Title 20 of this Code.

20.250.040 Boardinghouses Prohibited. Notwithstanding any other provision of this Code, the establishment or operation of a boardinghouse is a prohibited use in all zoning districts.

20.250.050 Group Homes – Streamlined Administrative Approval.

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(A) Administrative Permit Required. Unless exempt under section

20.250.030, no group home may be established or operated in the City without a permit issued in accordance with this section. (B) Allowable Zones. A group home with a permit issued in accordance with this section may be established and operated in any zoning district where residential uses are permitted as a primary use of property.
(C) Operational and Development Standards. An application for an group home permit is subject to streamlined administrative review and will be approved if it satisfies each of the following requirements:
(1) Property Owner Consent. No group home may be established or operated on a lot without written approval from the owner of the lot.
(2) Separation. No group home may be established or operated on any lot that is within 750 feet, as measured from the closest property lines, from another group home.
(3) Maximum Occupancy. No more than two residents may reside in each bedroom, not including the room or apartment
designated for an on-site house manager.

On-Site House Manager. The group home must have a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24-hour basis, seven days a week, and who are responsible for the day-to-day operation of the group home.

Prior to hiring a new or additional house manager, the operator of the facility must conduct a comprehensive background check on the manager and verify the manager’s qualifications. All onsite house managers must meet any applicable license or certification requirements of any state agency or agencies responsible to license the facility, operator, and/or on-site house manager. The results of the background check and the house manager’s certification must be submitted to and verified by the City.

An individual is disqualified from serving as an on-site house manager if any of the following circumstances exist:

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(A) The individual was terminated from any employment
during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; or selling or furnishing illegal drugs or alcohol.
(B) The individual has been convicted of or pleaded nolo contendere, within the last seven to 10 years (as indicated below), to any of the following offenses:
i. Any sex offense for which the person is required to
register as a sex offender under California Penal Code
section 290 (last 10 years);
ii. Arson offenses—Violations of Penal Code Sections
451—455 (last seven years);
iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another
person (last 10 years); or
iv. The unlawful sale or furnishing of any controlled
substances (last seven years).
(C) The individual is on parole or formal probation
supervision on the date of the submittal of the employment application, background check, or at any time thereafter. (4) Accessory Dwelling Unit. No group home may be located in an accessory dwelling unit or junior accessory dwelling unit unless the primary dwelling unit is used for the same purpose. (5) Management Plan. Each group home must have a Cityapproved property management plan for the facility that addresses each of the following: on-site management,
maximum occupancy, quiet hours and permitted guest visitation hours and procedures (including a prohibition on guests under the influence of any drug or alcohol), loitering, littering, disturbing the peace, nuisance reduction, trash collection, smoking, resident pick-up and drop-off procedures, discharge, and a good neighbor policy, including protocols that will be followed if a neighbor complaint is received. City approval is required for any modifications to the plan.

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(6) Emergency and Security Plan. Each group home must have a City-approved emergency and security plan that addresses each of the following: security and management contact
information, authority and responsibility of security staff, a map of the property, and overview of the property's security features, security feature testing schedule, overnight parking policies and vehicle violation abatement procedures, emergency medical response protocols, emergency law enforcement response
protocols, and daytime and nighttime security monitoring procedures. The group home operator must install and maintain a dedicated landline telephone at the facility. The landline telephone must be continuously active, operational, and readily accessible to residents and staff at all times for emergency use.

City approval is required for any modifications to the plan. (7) Parking. Each garage and driveway space associated with dwelling unit or units on the property must be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle on the property or on any street within 500 feet of the property. Vehicles must be operable and currently used as a primary form of transportation for a resident or house manager of the group home.
(8) Integral Uses and Facilities. Integral group home facilities are not permitted. Each applicant must declare, under penalty of perjury, that the group home does not operate as an integral use or facility.
(9) Penal Code. In accordance with Penal Code Section 3003.5(c), the number of group-home residents subject to the sex offender registration requirements of Penal Code Section 290 may not exceed one resident in any group home or violate the distance provisions provided in Penal Code Section 3003.
(10) Supplemental Sober-living Home Requirements. In addition to the requirements provided in subsections 20.250.050(C)(1)– (10) above, a group home operating as a sober-living home is subject to the following:
(a) Each resident, other than the house manager, must be actively participating in a certified or licensed recovery program, which may include, but is not limited to,
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Alcoholics Anonymous or Narcotics Anonymous, and the
sober-living home operator must maintain current records of meeting attendance. Under the sober-living home’s
management plan, refusal to actively participate in such a program must be cause for eviction.
(b) The sober-living home’s management plan must prohibit the use of any alcohol or any non-prescription drugs at the sober-living home or by any recovering addict either on or off site. The sober-living home must also have a
written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the
residents. The possession or use of prescription
medications is prohibited except for the person to whom they are prescribed, and in the amounts or dosages
prescribed. These rules and regulations must be posted
on site in a common area inside the dwelling unit. Any
violation of this rule must be cause for eviction under the sober-living home’s rules for residency and the violator cannot be re-admitted for at least 90 days. Any second
violation of this rule will result in permanent eviction.

Alternatively, the sober-living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.
(D) Streamlined Administrative Application Review.
(1) Application. The Director will develop and adopt a standardized group-home permit application. Each group-home permit
application must be submitted using the City’s application. (2) Administrative Review. The Director or the Director’s designee will review and process group-home applications
administratively, without discretionary review or a hearing. The Director will notify an applicant whether the application is complete within 30 days. The Director will render a decision on the application within 60 days of when the application was determined to be complete.

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(E) Revocation.
(1) Revocation. A group-home permit may be revoked when the application contained incorrect, false or misleading information, the operator violates this section, the operator violates the management plan or the emergency security plan, or if three or more Code violations occur at the property within a 30-day period.
(2) Meet and Confer. Before revoking a group-home permit, the City will meet and confer with the operator to resolve any of the issues identified in subsection 20.250.050(E)(1) above. (3) Notice; Appeal. The operator will be notified of any revocation by first-class mail with return receipt requested. The operator may appeal the revocation to a hearing officer in accordance with this Code.
(F) Existing Group Homes.
(1) Permit Required. The operator of an existing group home must apply for a group-home permit within 90 days of the effective date of this section.
(2) Deadline; Grace Period. Any group home that is in existence upon the effective date of this section will have one year from the effective date of this section to comply with its provisions.

Any existing group home obligated by a written lease exceeding one year from the effective date of the section, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, is eligible for an up to one additional year grace period with Director approval.

20.250.060 Conflict. If this section conflicts with any other provision of this Code, this section prevails.

20.250.070 Severability. Should any subsection, clause, or provision of this section for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality does not affect the validity or constitutionality of the remaining portions of this section. The City Council hereby expressly declares that this ordinance and each ORDINANCE NO. 1174
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section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.”
SECTION 9: Code Amendment – Standards for Specific Land Uses. Section

20.400.280 (Group Homes) is hereby added to Title 20 Zoning, Article 4 Standards for Specific Land Uses, of the Stanton Municipal Code to read as follows:

20.400.380 Transitional and Supportive Housing.
(A) Definitions.
(1) Transitional Housing. As defined by California Government Code Section 65582.
(2) Supportive Housing. As defined by California Government Code Section 65650.
(B) Transitional Housing. In accordance with Government Code Section 65583(c)(3), transitional housing is considered a residential use of property and is subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (C) Supportive Housing.
(1) Generally. In accordance with Government Code Section 65583(c)(3), supportive housing is considered a residential use of property and is subject to those restrictions that apply to other residential dwellings of the same type in the same zone.
(2) In Zones Allowing Multifamily. Supportive housing that complies with the requirements of California Government Code Section 65650 et seq. is considered a use by right in all zones where multifamily uses are permitted, including mixeduse zones. In accordance with Government Code Section 65651(b)(1), a supportive housing development must comply with all objective development standards and policies that apply to other multifamily developments within the same zone.

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SECTION 10: Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 11: Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 12: Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

SECTION 13: Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 7800 Katella Avenue, Stanton, CA 90680.

PASSED, APPROVED, AND ADOPTED this 11th day of August, 2026.

DAVID J. SHAWVER, MAYOR
ATTEST:

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

HONGDAO NGUYEN, CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1174 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 14th day of July, 2026, and was duly adopted at a regular meeting of the City Council held on the 11th day of August, 2026, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK

Stanton City CouncilAugust 11, 2026

Stanton City Council
August 11, 2026