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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY
OF THE CITY OF STANTON
JOINT REGULAR MEETING JULY 12, 2022
1. CLOSED SESSION None.
2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY /
HOUSING AUTHORITY JOINT REGULAR MEETING
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:30 p.m. by Mayor / Chairman Shawver.
3. PLEDGE OF ALLEGIANCE
Led by Mr. Joe Ames, Public Works Director / City Engineer.
4. ROLL CALL
Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Van, Council/Agency/Authority Member Warren, Mayor Pro Tem/Vice Chairman Ramirez, and Mayor/Chairman Shawver.
Absent: None.
Excused: None.
5. SPECIAL PRESENTATIONS AND AWARDS None.
6. CONSENT CALENDAR
Motion/Second: Ramirez/Warren
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Van AYE
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairman Ramirez AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:
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CONSENT CALENDAR
6A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON
THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER
READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated June 17, 2022 – July 1, 2022, in the amount of $1,111,816.15.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – June 28, 2022.
6D. MAY 2022 INVESTMENT REPORT
The Investment Report as of May 31, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the Investment Report for the month of May 2022. 6E. MAY 2022 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of May 31, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
1. The Successor Agency finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the Investment Report for the month of May 2022.
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6F. MAY 2022 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; AND STATUS
OF CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended May 31, 2022, has been provided to the City Manager in accordance with Stanton Municipal Code Section
2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund. In addition, staff has provided a status of the City’s Capital Improvement Projects (CIP) as of May 31, 2022.
1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the General Fund and Housing Authority Fund’s May 2022 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended May 31, 2022.
6G. PROFESSIONAL SERVICES AGREEMENT WITH DAVISFARR LLP TO
PROVIDE TEMPORARY ACCOUNTING SERVICES
Requested is the authorization to allow the Interim City Manager to enter into a Professional Services Agreement in an amount not to exceed $50,000 with DavisFarr LLP (“DavisFarr”) for the provision of temporary accounting services.
1. The City Council declared that the action is not a project and is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b); and
2. Waived the competitive bidding requirements in the City’s purchasing policy for this procurement; and
3. Approved and Authorized the Interim City Manager to execute a Professional Services Agreement in an amount not to exceed $50,000 with DavisFarr LLP for accounting consultant services.
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6H. PURCHASE ORDER APPROVAL FOR A NEW SKIP LOADER
The skip loader is an essential piece of equipment used by the Public Works Department at least 3 to 4 times per day to help maintain the City of Stanton. The current skip loader is long past its life expectancy and has major mechanical issues.
The Public Works Department is proposing to purchase a new skip loader. The adopted Fiscal Year 2022/2023 Budget includes a one-time expenditure request for a new skip loader.
1. The City Council declared that this action is not a project per the California Environmental Quality Act; and
2. Declared that the Sourcewell quote is in accordance with the Administrative Policy IV-4-12: Purchasing Policy and Procedures; and
3. Approved the purchase of the equipment from Quinn Company in the amount of $119,056.65.
6I. RENEWAL OF AUTHORIZATION FOR VIRTUAL PUBLIC MEETINGS PURSUANT TO AB 361
Consideration of the circumstances of the state of emergency related to the COVID19 pandemic to determine whether remote teleconference meetings of the City Council, Committees, and Commissions can continue to be held under the provisions of AB 361.
1. The City Council declared that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and
2. Reconsidered the circumstances of the state of emergency; and
3. Finds that state or local officials have continued to impose or recommend measures to promote social distancing; and
4. Directed staff, no later than 30 days after the City Council approves the recommended action, to report back on the state-proclaimed state of emergency so that City Council may reconsider the circumstances of the emergency, and, if appropriate, make findings to continue to hold virtual meetings of City legislative bodies pursuant to AB 361.
END OF CONSENT CALENDAR
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7. PUBLIC HEARINGS
At the request of the City Attorney, unfinished business item 8A was heard under public hearings, as noticed via public notice dated June 30, 2022. 8A. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON EXTENDING FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15
DAYS A MORATORIUM ON SPECIFIED PERSONAL SERVICE AND MEDICAL
OFFICE BUSINESSES PENDING STUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING CODE AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
On June 14, 2022, the City Council adopted Urgency Ordinance No. 1121, which established a 45-day moratorium on the establishment of specified personal care and medical office businesses (the “Moratorium”). The basis for adopting the Moratorium is set forth in detail in Attachment 1, which is the City Council’s June 14th agenda packet for the Moratorium. The Moratorium will expire on July 29, 2022, unless extended pursuant to Government Code Section 65858(a), which authorizes the City Council to extend the moratorium for an additional 10 months and 15 days.
The attached urgency ordinance (“Moratorium Extension Ordinance”) would extend the Moratorium from July 29, 2022 through June 13, 2023 (i.e., 10 months and 15 days from July 29, 2022). Staff is recommending adoption of the Moratorium Extension Ordinance to provide the City with additional time to study the continuing impacts of the above mentioned businesses and to develop new municipal and zoning code regulations.
Staff report by Mr. James J. Wren, Public Safety Services Director.
The public hearing was opened.
No one appearing to speak, the public hearing was closed.
Mr. Ryan Stager, City Attorney requested to make the following amendment to Section 4 of proposed Urgency Ordinance No. 1122:
SECTION 4: Moratorium. The City Council hereby directs and orders as follows:
1. During the time that this Subject to subsection (3) below, during the time that this Moratorium Extension Ordinance is in effect, no new medical office or personal service business may be established in the City if it qualifies as one or more of the following uses: (a) barber shop; (b) beauty salon; (c) nail salon; (d) tanning salon; (e) salon, studio, or spa offering nonmedical skin or facial care; (f) salon, studio or spa providing services involving eyelash extensions and/or eyebrow waxing, threading, or tattooing; (g) a business whose primary service involves providing patrons with access to on-site spas or hot tubs; (h) a tattoo (including, but not limited to, henna) or body piercing studio; (i) a business providing acupuncture and/or acupressure services; and (j) any use similar to the Joint Regular Meeting – July 12, 2022 - Page 6 of 11
preceding (a) – (i), as determined by the City’s Community Development Director.
2. During the time that this Subject to subsection (3) below, during the time that this Moratorium Extension Ordinance is in effect, the City shall not approve or issue any use permit, license, variance, building permit, business license, or other applicable entitlement, license, permit, or approval for the establishment of any business establishment listed in subsections (1)(a)-(j) above, or the enlargement of any such existing business, within the City.
3. The prohibitions set forth in subsection (1) above shall only apply to businesses that provide the above listed services to patrons in a private room and/or behind a partition, wall, or similar screen that shields patrons from public view.
Motion/Second: Shawver/Van
Motion carried as amended by the following vote:
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Van AYE
Council Member Warren AYE
Mayor Pro Tem Ramirez AYE
Mayor Shawver AYE
Motion unanimously carried as amended:
1. The City Council opened the public hearing, received public testimony, and closed the public hearing; and
2. Finds that the Moratorium Extension Ordinance is:
a. Not a “project” within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines (Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change in the environment, directly or indirectly; and b. Exempt from the requirements of CEQA under Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
3. Adopted Urgency Ordinance No. 1122 (i.e., the Moratorium Extension Ordinance) as amended, entitled:
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“AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF STANTON EXTENDING FOR AN ADDITIONAL
PERIOD OF 10 MONTHS AND 15 DAYS A MORATORIUM ON
SPECIFIED PERSONAL SERVICE AND MEDICAL OFFICE
BUSINESSES PENDING STUDY AND THE PREPARATION OF AN
UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING CODE
AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM
CEQA.”
8. UNFINISHED BUSINESS
Item 8A was heard out of order and under section 7. Public Hearings 8A. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON EXTENDING FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15
DAYS A MORATORIUM ON SPECIFIED PERSONAL SERVICE AND MEDICAL
OFFICE BUSINESSES PENDING STUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING CODE AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
9. NEW BUSINESS
9A. ORANGEWOOD AVENUE & SANTA ROSALIA STREET TRAFFIC SAFETY
IMPROVEMENTS
On May 15th, the guardrail on the west side of the intersection of Orangewood Avenue and Santa Rosalia Street was hit again by a hit-and-run motorist. The City Engineer/Traffic Engineer has proposed to restripe Orangewood approaching Santa Rosalia to prevent the guardrail at the intersection from being hit by motorists.
Staff report by Mr. Joe Ames, Public Works Director / City Engineer.
The City Council questioned staff regarding street light blinders, including additional reflectors, solid steel poles and/or alternate types of barriers, parking bulbs, parking, installing a median with trees/greenery, utilizing large trees to block the opposing streetlight, timeline, and guardrails.
1. The City Council declared that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15301(c) – Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; and
2. Received and filed the report.
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10. ORAL COMMUNICATIONS – PUBLIC
• Mr. Allan Havens, resident, spoke regarding:
1. New business item 9A suggesting that the city place a speed hump before the stop sign to slow approaching traffic; and
2. Consent calendar item 6H inquiring as to the age/miles of the current city owned skip loader; and
3. Excessive debris, drug use, and camping along the sidewalks near Mercantile and Monroe and inquired if the city was making any efforts to address these concerns. Mr. Havens further reported that the city should share its efforts in focusing on the City’s business community as he believes that the businesses are the City’s foundation.
• Ms. Irene Stevenson, resident, spoke regarding concerns with the amount of noise caused by the discharge of illegal/safe and sane fireworks, the potential for property damage, the potential for property fires, fears for the health and safety of residents over the July 4, 2022, holiday, and questioned if the City has a plan to address the concerns of residents.
• Ms. Resident, spoke regarding concerns with the amount of noise caused by the discharge of illegal/safe and sane fireworks and questioned how law enforcement would allow this type of activity, questioned if the City had a noise ordinance, and further stated that the lack of enforcement shows no concern for the City’s residents.
• Ms. Cathy Jones, resident, spoke regarding concerns with the amount of noise caused by the discharge of illegal/safe and sane fireworks, stating that it felt like a “war zone” within her neighborhood, fears for the health and safety of herself and her dog. Ms. Jones further reported that her attempts to contact law enforcement were unsuccessful and that no deputies responded to her calls.
Additionally, Ms. Jones stated that the lack of enforcement shows no concern for the City’s residents, and she is requesting for assistance from the City to address resident concerns.
• Ms. Cathy Hamilton, resident, spoke regarding concerns with the amount of noise caused by the discharge of illegal/safe and sane fireworks, reported that her attempts to contact law enforcement were unsuccessful, and questioned if the City has a plan to address the concerns of residents. • Ms. Donna, resident, spoke regarding concerns with the amount of noise caused by the discharge of illegal/safe and sane fireworks, the potential for property damage, the potential for property fires, fears for the health and safety of residents over the July 4, 2022, holiday, and questioned if the City has a plan to address the concerns of residents.
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• Mr. John Warren, resident:
1. Spoke in favor of staff recommendations pertaining to new business item 9A; and
2. Expressed his gratitude to the City Council for approval of installation of a sidewalk connecting the neighborhood behind Rodeo 39; and
3. Addressed resident concerns regarding the amount of noise and the discharge and use of illegal fireworks, stated that he understood that this has been an issue for decades within North Orange County, that he admired cities that are actively working on finding and creating solutions to address the concerns of residents, recognizes that solutions take time, and expressed his gratitude to the City in their efforts to address these concerns.
11. WRITTEN COMMUNICATIONS None.
12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS Mayor Pro Tem Ramirez requested that Ms. Jennifer A. Lilley, Community and Economic Development Director report on the City’s most recent business visit per the City’s Business Visitation Program.
• Ms. Jennifer A. Lilley, Community and Economic Development Director reported on the City’s business visit to White Bottle a holistic pharmaceutical company.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL
MEETING
Council Member Taylor requested to agendize discussion regarding the creation of an ad hoc committee to address and discuss resident concerns relating to fireworks. 12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
None.
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12D. PRESENTATION BY STANTON PUBLIC SAFETY SERVICES DEPARTMENT
RELATING TO SERVICES AND RESOURCES PROVIDED/OFFERED TO THE
HOMELESS COMMUNITY WITHIN THE CITY OF STANTON
Presentation by Mr. James J. Wren, Public Safety Services Director.
Presentation by Mr. Guillermo Perez, Outreach Coordinator.
Presentation by Mr. Damian Fonseca, Outreach Coordinator.
The City Council questioned staff regarding foster care, public outreach hotline, working with local churches, interdepartmental work, local business retention, homelessness, prostitution, illegal activity, addressing specific sections of the city for illegal/illicit activity, total client encounters, success rates when offering shelter, settlement agreement (Judge Carter), total count of issued citations, and enforcement.
The City Council received and filed the report.
13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.
14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.
14A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.
Fire Division Chief Marc Moore provided the City Council with an update on their current operations
The City Council expressed their gratitude to Ms. Zenia Bobadilla for her time served as the City’s Interim City Manager, providing the City with a smooth transition, calming and professional atmosphere, persistent communication, and making the difficult look easy.
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15. ADJOURNMENT in memory and honor of Dr. Gene Wilkins Motion/Second: Shawver/
Motion carried at 8:21 p.m.
/s/ David J. Shawver
_______________________________________
MAYOR/CHAIRMAN
ATTEST:
/s/ Patricia A. Vazquez
_______________________________________
CITY CLERK/SECRETARY