Joint Regular Meeting – August 23, 2022 - Page 1 of 11
MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY
OF THE CITY OF STANTON
JOINT REGULAR MEETING AUGUST 23, 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 Ms. Elizabeth Ash.
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
5A. Mayor Shawver and Members of the City Council proclaimed the month of September 2022 to be Hunger Action Month within the City of Stanton and presented a proclamation to the Second Harvest Food Bank and the Orange County Community Action Partnership Alliance (CAPP OC), Ms. Kelly Alesi, Director of Sourcing, Logistics, and Sustainability, Second Harvest Food Bank and Mr. Jesse Landeros, Sr., Associate Director of Food Bank Operations, CAPP OC.
5B. Presentation by Mr. Eric O’Donnell, Deputy Director, Townsend Public Affairs, providing the City Council with an update on State and Federal Legislation.
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6. CONSENT CALENDAR
Motion/Second: Ramirez/Van
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:
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 July 15, 2022 – July 28, 2022, in the amount of $2,966,434.63.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – July 26, 2022.
6D. 2022 ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE
APPOINTMENT OF VOTING DELEGATE AND VOTING DELEGATE ALTERNATE The League of California Cities Annual Conference and Expo is scheduled for September 7 – 9, 2022 in Long Beach. The League's Annual Business Meeting is scheduled to be held on September 9, 2022. At this meeting, the League membership considers and takes action on proposed bylaws and resolutions that establish League policy. In order to vote at the Annual Conference / Annual Business Meeting, the City Council must designate a voting delegate and/or voting delegate alternate whom will determine the City’s position on each proposed bylaw and/or resolutions so that the voting delegate can represent the City’s position.
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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. Authorized Mayor David J. Shawver and Council Member Hong Alyce Van to attend the League of California Cities Annual Conference and Expo, scheduled for September 7 – 9, 2022 in Long Beach; and
3. Designated Council Member Hong Alyce Van as the voting delegate and Mayor David J. Shawver as the voting delegate alternate to serve as the City’s representatives at the 2022 League of California Cities Annual Conference and Expo in Long Beach; and
4. Directed the voting delegate and voting delegate alternate to review and determine the City’s position on each proposed bylaw amendment and/or proposed petitioned resolutions, so that the voting delegates can represent the City’s position at the 2022 Annual League of California Cities Business meeting. 6E. JUNE 2022 INVESTMENT REPORT
The Investment Report as of June 30, 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 June 2022. 6F. JUNE 2022 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of June 30, 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 June 2022.
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6G. AWARD OF CONTRACT TO PBK TO PROVIDE PROFESSIONAL DESIGN AND
CONSTRUCTION SUPPORT SERVICES FOR THE NORM ROSS SPORTS PARK PROJECT (TASK CODE 2022-204)
In December 2021, the City was awarded $7,691,059 in grant funding from the State of California through the Proposition 68 Statewide Park Program for the design and construction of the Norm Ross Sports Park (Park) on Garden Grove Unified School District property adjacent to Carver Elementary School. Subsequently, in April 2022, City staff released a Request for Proposal (RFP) soliciting proposals to provide professional design and construction support services for the Park. The proposed scope of work includes preparing preliminary and final design plans, construction bid documents and specifications, and providing construction support services such as responding to requests for information during the construction phase. City staff recommends awarding a contract to PBK in an amount not to exceed $640,000 for these services.
1. The City Council declared this project will require the preparation of a Mitigated Negative Declaration under the California Environmental Quality Act; and
2. Awarded a contract to PBK to provide professional design and construction support services for a maximum contract amount of $640,000; and
3. Authorized the City Manager and the City Attorney to make edits to the professional services agreement as necessary; and
4. Authorized the City Manager to bind the City of Stanton and PBK in a contract to provide the services; and
5. Authorized the City Manager to approve contract change orders and contract amendments with PBK, as needed and determined by City staff, for any contingencies up to $64,000 (10% of the contract amount). 6H. APPROVAL OF FIRST AMENDMENT EXTENDING AND AMENDING THE
CONTRACT WITH ATLAS PLANNING SOLUTIONS FOR THE PREPARATION
OF A LOCAL HAZARD MITIGATION PLAN
Atlas Planning Solutions has been providing consulting services for the preparation of a Local Hazard Mitigation Plan (LHMP). The LHMP is currently in the review and revision process required by federal and state law. The professional services agreement expired on June 30, 2022. If approved, this First Amendment will extend the term of the agreement through June 30, 2023.
1. The City Council declared that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and
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2. Approved the First Amendment to the existing agreement with Atlas Planning Solutions and allowed the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorized the City Manager to execute the First Amendment to the existing agreement with Atlas Planning Solutions.
6I. LANDSCAPE MAINTENANCE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ADJACENT TO 12200 BEACH
BOULEVARD
The development of the property at 12200 Beach Boulevard (Bonanni Development’s Bigsby Townhome Project) will include landscaping in a future parkway area along Beach Boulevard. The California Department of Transportation (Caltrans) owns the right-of-way where the landscaping will be placed and the parkway area will be created. They are requiring the City enter into an agreement to maintain this landscaping in the event it is not properly maintained by the adjacent property owner (“Caltrans Landscape Maintenance Agreement”). To protect the City’s interests, City staff recommends a companion City Landscape Maintenance Agreement transferring landscape maintenance responsibility from the City to the adjoining property owner.
1. The City Council declared that the project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping; and
2. Approved the Caltrans Landscape Maintenance Agreement, subject to revisions deemed necessary by the City Attorney and the Public Works Director, to maintain the landscape improvements in the public right-of-way on Beach Boulevard; and
3. Authorized the Mayor and City Manager to bind the City of Stanton and Caltrans in said agreement; and
4. Authorized the City Manager to bind the City of Stanton and the developer in a companion City Landscape Maintenance Agreement, subject to revisions deemed necessary by the City Attorney and the Public Works Director, to transfer landscape maintenance responsibility from the City to the adjoining property owner.
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6J. ACCEPTANCE OF GRANT DEED EASEMENT FOR SANITARY SEWER PURPOSES OVER THE ALLEY AT THE REAR OF 7931 LAMPSON AVENUE The City Engineer recommends that the City Council accept the grant deed easement for sanitary sewer purposes from the Garden Grove Sanitary District located over the alley at the rear of 7931 Lampson Avenue (APN 131-361-12).
1. The City Council accepted the grant deed easement for sanitary sewer purposes from the Garden Grove Sanitary District; and
2. Authorized the Mayor and City Clerk to sign the Certificate of Acceptance for the grant deed easement; and
3. Authorized the City Clerk to submit the grant deed easement for sanitary sewer purposes to the Orange County Clerk-Recorder for recordation; and
4. Declared that the project is categorically exempt under the California Environmental Quality Act, Sections 15378 and 15060(c)(3) because acceptance of an offer of dedication for an existing facility does not have potential for resulting in either a direct physical change in the environment and is not a project in accordance with CEQA.
6K. 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 None.
8. UNFINISHED BUSINESS None.
Mayor Shawver requested to hear Item 10, Oral Communication out of order.
Motion/Second: Shawver/Ramirez
Motion carried by the following vote:
AYES: 5 (Ramirez, Shawver, Taylor, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:
The Mayor and City Council authorized the request, Oral Communication Item 10 was heard out of order.
10. ORAL COMMUNICATION (Heard out of order)
• Ms. Melissa Saldana, resident, spoke regarding her concerns with extensive damage to her adjoining back wall caused by the KB Homes Development on Katella Avenue and Western Avenue, improper grading along her adjoining back wall, causing her adjoining back wall to be waist high to parking along the wall on the KB Homes side altering the privacy and safety of her home, and the newly installed streetlights within the development shining into her windows at night.
Ms. Saldana stated that she feels as if the City is only considering the needs of the developer over it’s residents and requests that the City begin to hear the concerns of their residents and understand the stress and hardship that the residents are experiencing.
• Ms. Sami Soto, Orange County Professional Firefighters Association, spoke informing the City Council of the need for a fair contract and requested that the Mayor as the City’s board representative, question why their firefighters who work an enormous number of hours at one of the most dangerous and difficult jobs are unable to obtain a fair and honest contract.
• Ms. Tia Grasso, Associate General Counsel, Orange County Professional Firefighters Association, spoke regarding the Orange County Fire Authority’s contract negotiations, the firefighters and employees who are being denied a fair contract, and requested that the City’s representatives fulfill their leadership role on the Orange County Fire Authority board of directors and supply the firefighters and employees with fair wages and benefits.
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• Mr. Justin Dillon, Captain, Orange County Fire Authority, spoke regarding the search for accountability, and encouraged the City Council to ensure that the City’s representing board member for the Orange County Fire Authority board of directors is held accountable in providing firefighters with a fair and honest contract.
• Mr. Steve Kriha, Captain, Orange County Fire Authority, spoke regarding the Orange County Fire Authority’s contract negotiations and encouraged the City Council to ensure that the City’s representing board member for the Orange County Fire Authority board of directors is held accountable in providing firefighters with a fair and honest contract.
• Ms. Chris Hamm, Captain, Orange County Fire Authority, spoke regarding the Orange County Fire Authority’s contract negotiations, the requirement of firefighters to work upwards of 96 hours per week, expressed that allowing first responders to go without a contract is inacceptable, and encouraged the City Council to ensure that the City’s representing board member for the Orange County Fire Authority board of directors is held accountable in providing firefighters with a fair and honest contract.
• Mr. Stan Stemingson, Fire Apparatus Operator, Orange County Fire Authority, spoke regarding the Orange County Fire Authority’s contract negotiations, expressed that Orange County Fire Authority management and the Orange County Fire Authority board of directors have shown little to no interest in the health and safety of its workers, and encouraged the City Council to ensure that the City’s representing board member for the Orange County Fire Authority board of directors is held accountable in providing firefighters with a fair and equitable contract.
• Mr. Todd Baldridge, Captain, Orange County Fire Authority, spoke regarding the Orange County Fire Authority’s contract negotiations, reported that the Orange County Fire Authority (OCFA) is offering firefighters zero percent, that the OCFA is experiencing recruitment issues, retention issues, dramatic changes, that the OCFA cannot compete with other entities, and encouraged the City Council to ensure that the City’s representing board member for the Orange County Fire Authority board of directors is held accountable in providing firefighters with a fair and equitable contract.
• Mr. Jose L. Guerrero, resident, spoke regarding his concerns with the immense odor and noise levels emitting from the CR&R facility near his neighborhood and that no efforts to eliminate these concerns have been addressed.
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9. NEW BUSINESS
9A. CITY COUNCIL APPOINTMENT TO FILL ONE VACANCY ON THE STANTON
PLANNING COMMISSION FOR TERM COINCIDING WITH THE CITY COUNCIL
ELECTION
The Council Member holding the seat corresponding to that numbered seat on the Stanton Planning Commission, shall be responsible for appointment of one Commissioner, with majority approval of the City Council. The terms of office shall coincide with the term of office of the Council Member or Mayor who made the appointment. Section 2.06.030 of the Stanton Municipal Code requires the submission of applications and interviews prior to appointment to any position.
Staff report by Ms. Patricia A. Vazquez, City Clerk.
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. The City Council conducted interviews with the following applicants; and • Ms. Debora Donathan (In-Person)
• Ms. Helen Sanchez (In-Person)
• Ms. Elizabeth Wiktor (Via submitted letter)
3. The City Council made an appointment to fill seat #5 (Van) on the Stanton Planning Commission as follows:
Seat #5 (Van):
Council Member Van selected Ms. Helen Sanchez to fill the vacancy within Seat #5 on the Stanton Planning Commission.
Motion/Second: Van/Warren
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:
Ms. Helen Sanchez was appointed to fill Seat #5 (Van) on the Stanton Planning Commission.
Joint Regular Meeting – August 23, 2022 - Page 10 of 11 9B. POLICY REVIEW RELATED TO REQUESTS FOR FEE WAIVERS FOR USE OF
CITY FACILITIES, CITY SPONSORSHIPS, AND USE OF CITY-OWNED
EQUIPMENT
To ensure the consistent application of City policies across all stakeholders to promote transparency, equity, efficiency, and appropriateness in the use of City facilities, City sponsorships, and City-owned equipment, Council will review existing City policies and provide direction for the development of new policies.
Staff report by Ms. Hannah Shin-Heydorn, City Manager.
Motion/Second: Shawver/Ramirez
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:
1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Provided direction to City staff on updates to existing policies and the development of new policies.
10. ORAL COMMUNICATIONS – PUBLIC (Heard out of order)
Oral Communication, item 10 was heard out of order at the beginning of the regular meeting agenda.
11. WRITTEN COMMUNICATIONS None.
12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Mayor Pro Tem Ramirez reported that granted he no longer has the green thumb and farm grown pumpkins, he would like to continue the tradition and donate $200 dollars towards the purchase of pumpkins for the City’s Annual Halloween Fun with Family and Friends 2022 event.
Joint Regular Meeting – August 23, 2022 - Page 11 of 11 12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL
MEETING
None.
12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
None.
13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.
14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.
14A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.
Captain Charles Walters provided the City Council with an update on their current operations.
Chief Steve Dohman, Orange County Fire Authority, reported on his deployment as part of an Office of Emergency Services (OES) massive response in New Mexico due to the recent fire devastations and monsoonal rains.
15. ADJOURNMENT in honor and recognition of Orange County Fire Authority Chief Randy Black
Motion/Second: Shawver/
Motion carried at 9:10 p.m.
/s/ David J. Shawver
_______________________________________
MAYOR/CHAIRMAN
ATTEST:
/s/ Patricia A. Vazquez
_______________________________________
CITY CLERK/SECRETARY