Stanton City Council Agenda Prepared by the Office of the City Clerk October 25, 2022
AGENDA
CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY
JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, OCTOBER 25, 2022 - 6:30 P.M.
SAFETY ALERT – NOTICE REGARDING COVID-19
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
The health and well-being of our residents is the top priority for the City of Stanton, and you are urged to take all appropriate health safety precautions given the health risks associated with COVID-19. The City Council meeting will be held in person in the City Council Chambers located at 7800 Katella Avenue, California 90680.
ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.
Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245.
Stanton City Council Agenda Prepared by the Office of the City Clerk October 25, 2022
The City Council agenda and supporting documentation is made available for public review and inspection during normal business hours in the Office of the City Clerk, 7800 Katella Avenue, Stanton California 90680 immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes place on Thursday afternoons prior to the regularly scheduled meeting on Tuesday. The agenda packet is also available for review and inspection on the city’s website at www.StantonCA.gov.
1. CLOSED SESSION (6:00 PM)
2. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Van
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairman Ramirez
Mayor / Chairman Shawver
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Closed Session may convene to consider matters of purchase / sale of real property (G.C. §54956.8), pending litigation (G.C. §54956.9(a)), potential litigation (G.C. §54956.9(b)) or personnel items (G.C. §54957.6). Records not available for public inspection.
4. CLOSED SESSION
4A. THREAT TO PUBLIC SERVICES OR FACILITIES
(Pursuant to Government Code Section 54957)
Consultation with: Hannah Shin-Heydorn, City Manager, City of Stanton Federal Bureau of Investigation, Los Angeles
Foreign Influence Task Force, Los Angeles
5. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)
6. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Van
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairman Ramirez
Mayor / Chairman Shawver
7. PLEDGE OF ALLEGIANCE
Stanton City Council Agenda Prepared by the Office of the City Clerk October 25, 2022
8. SPECIAL PRESENTATIONS AND AWARDS
Townsend Public Affairs State and Federal Legislative report and update.
9. CONSENT CALENDAR
All items on the Consent Calendar may be acted on simultaneously, unless a Council/Board Member requests separate discussion and/or action.
CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE
PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
RECOMMENDED ACTION:
City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated September 23, 2022 – October 6, 2022, in the amount of $809,501.17.
9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – October 11, 2022.
9D. RENEWAL OF AUTHORIZATION FOR VIRTUAL PUBLIC MEETINGS PURSUANT TO AB 361
Consideration of the circumstances of the state of emergency related to the COVID-19 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.
RECOMMENDED ACTION:
1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and Stanton City Council Agenda Prepared by the Office of the City Clerk October 25, 2022
2. Reconsider the circumstances of the state of emergency; and
3. Find that state or local officials have continued to impose or recommend measures to promote social distancing; and
4. Direct 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
10. PUBLIC HEARINGS None
11. UNFINISHED BUSINESS None.
12. NEW BUSINESS None.
13. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items.
Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted. All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.
Stanton City Council Agenda Prepared by the Office of the City Clerk October 25, 2022
14. WRITTEN COMMUNICATIONS None.
15. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
At this time Council/Agency/Authority Members may place an item on a future study session agenda.
Currently Scheduled: None.
15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING COMPENSATION
FOR THE MEMBERS OF THE CITY COUNCIL
At the October 11, 2022, City Council meeting, Council Member Warren requested that this item be agendized for discussion. Council Member Warren is requesting to discuss a cost-of-living increase pertaining to the compensation for the members of the City Council.
RECOMMENDED ACTION:
City Council provide direction to staff.
Stanton City Council Agenda Prepared by the Office of the City Clerk October 25, 2022
15E. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING THE CITY’S
ORDINANCE PERTAINING TO SHOPPING CARTS
At the October 11, 2022, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss the City’s ordinance addressing shopping carts and anti-theft shopping cart solutions.
RECOMMENDED ACTION:
City Council provide direction to staff.
15F. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING OBTAINING SERVICES / ASSISTANCE FOR THE CITY’S PUBLIC SAFETY SERVICES
DEPARTMENT AND PUBLIC WORKS DIVISION
At the October 11, 2022, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting a report back from staff regarding opportunities for additional assistance for the City’s Public Safety Services Department and Public Works Division regarding issues related to trash and debris; maintenance of parks, right-of-ways, bus stops, and sidewalks, retrieval of shopping carts, and public safety within city business shopping centers.
RECOMMENDED ACTION:
City Council provide direction to staff.
15G. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING THE SALE AND
USE OF SAFE AND SANE FIREWORKS WITHIN THE CITY OF STANTON At the July 12, 2022, City Council meeting, Council Member Taylor requested that this item be agendized for discussion. Council Member Taylor is requesting to discuss the future sale and use of safe and sane fireworks within the City.
RECOMMENDED ACTION:
City Council provide direction to staff.
Stanton City Council Agenda Prepared by the Office of the City Clerk October 25, 2022
16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL
17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. 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.
18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 20th day of October, 2022. s/ Patricia A. Vazquez, City Clerk/Secretary
September 23, 2022 - October 6, 2022
Electronic Transaction Nos. $ 296,385.53
Check Nos. $ 513,115.64
TOTAL $ 809,501.17
Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn
City Manager
CITY OF STANTON
ACCOUNTS PAYABLE REGISTER
2134-2157
conform to the City of Stanton Annual
Budget as approved by the City Council.
135672-135723
Demands listed on the attached registers
Finance Director
/s/ Michelle Bannigan
Item: 9B
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THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY
OF THE CITY OF STANTON
JOINT REGULAR MEETING OCTOBER 11, 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. Soo E. Kang.
4. ROLL CALL
Present: Council/Agency/Authority Member Van, Council/Agency/Authority Member Warren, Mayor Pro Tem/Vice Chairman Ramirez, and Mayor/Chairman Shawver.
Absent: Council/Agency/Authority Member Taylor.
Excused: None.
5. SPECIAL PRESENTATIONS AND AWARDS None.
6. CONSENT CALENDAR
Mayor Shawver requested to pull item 6J from the consent calendar for separate discussion.
Motion/Second: Shawver/Ramirez
ROLL CALL VOTE: Council/Agency/Authority Member Taylor ABSENT 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:
Item: 9C
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THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
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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
RECOMMENDED ACTION:
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated September 9, 2022 – September 22, 2022, in the amount of $2,917,653.44.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – September 27, 2022.
6D. AUGUST 2022 INVESTMENT REPORT
The Investment Report as of August 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 August 2022. 6E. AUGUST 2022 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of August 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 August 2022.
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6F. AUGUST 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 August 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 August 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 August 2022 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended August 31, 2022.
6G. ACCEPTANCE OF THE 8861 PACIFIC AVENUE DEMOLITION AND
ABATEMENT PROJECT BY THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA
The 8861 Pacific Avenue Demolition and Abatement Project consisting of the demolition and abatement of the existing building at 8861 Pacific Avenue is now complete. The final construction cost for the project was $93,800.00. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of September 27, 2022 and recommends that the City Council accept the completed work performed on this project.
1. The City Council declared that project categorically exempt under the California Environmental Quality Act (CEQA), Class 1, Section 15301l (2); and
2. Accepted the completion of improvements for the 8861 Pacific Avenue Demolition and Abatement Project, as certified by the City Engineer, and affixed the date of September 27, 2022 as the date of completion of all work on this project; and
3. Approved the final construction contract amount of $93,800.00 with Interior Demolition, Inc.; and
4. Directed the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion with the County Clerk-Recorder of the County of Orange; and
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5. Directed City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Interior Demolition, Inc. in the amount of $4,690.00. 6H. ACCEPTANCE OF THE CITY HALL NEW LIGHTING PROJECT BY THE CITY
COUNCIL OF THE CITY OF STANTON, CALIFORNIA
The City Hall New Lighting Project consisting of the replacement of certain light fixtures and associated electrical work at the City’s Banquet Hall/Community Room is now complete. The final construction cost for the project was $49,548.63. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of September 21, 2022, and recommends that the City Council accept the completed work performed on this project.
1. The City Council declared that project categorically exempt under the California Environmental Quality Act, Class 1, and Section 15301(a); and
2. Accepted the completion of improvements for the City Hall New Lighting Project, as certified by the City Engineer, and affixed the date of September 21, 2022, as the date of completion of all work on this project; and
3. Approved the final construction contract amount of $49,548.63 with J. Kim Electric, Inc.; and
4. Directed the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion with the County Clerk-Recorder of the County of Orange; and
5. Directed City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to J. Kim Electric, Inc. in the amount of $2,477.43. 6I. APPROVE RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE
OF CALIFORNIA FRANCHISE TAX BOARD FOR ACCESS TO THE FRANCHISE TAX BOARD’S CITY BUSINESS TAX PROGRAM
The City’s current agreement with the California Franchise Tax Board (FTB) expires on December 31, 2022. The FTB’s City Business Program allows access to a secured data sharing software program between itself and various municipalities statewide to allow better governance of the contracted jurisdiction’s business licensing compliance. The FTB requires the City Council approve a resolution authorizing staff to enter into a new agreement through December 31, 2025.
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1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Adopted Resolution No. 2022-42 authorizing the City Manager to execute an agreement with the State of California Franchise Tax Board authorizing the reciprocal and confidential exchange of data, entitled:
“A RESOLUTION OF THE CITY OF STANTON, CALIFORNIA,
AUTHORIZING THE CITY OF STANTON TO ENTER INTO AN
AGREEMENT WITH THE STATE OF CALIFORNIA FRANCHISE
TAX BOARD AUTHORIZING THE RECIPROCAL AND
CONFIDENTIAL EXCHANGE OF TAX DATA”.
END OF CONSENT CALENDAR
6J. AWARD OF CONTRACT TO TPX COMMUNICATIONS TO PROVIDE
TELECOMMUNICATIONS SERVICES
Staff recommends that the City Council approve the Master Service Agreement with TPx Communications for telecommunications services.
Presentation and introduction by TPx Communications.
Motion/Second: Shawver/Ramirez
Motion carried by the following vote:
AYES: 4 (Ramirez, Shawver, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: 1 (Taylor)
Motion unanimously carried:
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. Approved the Master Service Agreement with TPx Communications to provide telecommunications services; and
3. Authorized the City Manager to bind the City of Stanton and TPx Communications in a contract to provide these services.
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7. PUBLIC HEARINGS None.
8. UNFINISHED BUSINESS
8A. AMERICAN RESCUE PLAN ACT (ARPA) PROJECT UPDATES
Staff will provide an American Rescue Plan Act (ARPA) presentation regarding the ARPA funds expended to-date and progress on ARPA projects currently underway or completed.
Staff report by Ms. Soo Kang.
Motion/Second: Shawver/Ramirez
Motion carried by the following vote:
AYES: 4 (Ramirez, Shawver, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: 1 (Taylor)
Motion unanimously carried:
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. Received and filed the presentation.
Request to agendize item for discussion at a future City Council meeting:
• Mayor Shawver requested to agendize discussion regarding obtaining services / assistance for the City’s Public Safety Services Department and Public Works Division to assist in the growing concerns with trash and debris, upkeep of City parks, upkeep of right of ways, upkeep of bus stops, upkeep of sidewalks, retrieval of shopping carts, anti-theft shopping cart solutions, and public safety within business shopping centers.
9. NEW BUSINESS
9A. BROADCASTING CITY COUNCIL MEETINGS
At its meeting of November 9, 2021, Council consensus was received for City Council Initiated Item – Discussion Regarding Televising/Broadcasting City Council Meetings and the City Council directed staff to proceed with research and a staff report for proposed plans to begin televising/broadcasting City Council meetings.
Staff report by Ms. Hannah Shin-Heydorn.
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Motion/Second: Van/Warren
Motion carried by the following vote:
AYES: 4 (Ramirez, Shawver, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: 1 (Taylor)
Motion unanimously carried:
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. Directed staff to proceed with a 12-month pilot program beginning December 1, 2022, live streaming Council meetings on the Zoom virtual meeting platform, posting of recorded Zoom video to the City’s YouTube channel, and to report back to Council at the end of the pilot program with participant data.
10. ORAL COMMUNICATION None.
11. WRITTEN COMMUNICATIONS None.
12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Council Member Van reported on the success of the Stanton Community Foundation’s Free Vietnamese Legal Clinic in which the Stanton Community Foundation along with five other organizations provided free legal services to the public, including onsite Vietnamese translators, which was held on October 8, 2022, at Stanton Central Park.
• Mayor Shawver reported on the Myanmar Rally event organized by the Burmese Student Association at UCLA along with other Los Angeles-based Myanmar advocacy groups, to support the protesters in Myanmar and call on the U.S. government to take a stronger stance against the coup, which was held on October 8, 2022, at Stanton City Hall.
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12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL
MEETING
• Council Member Warren requested to agendize discussion regarding a cost-ofliving increase pertaining to the compensation for the members of the City Council.
• Mayor Shawver requested to agendize discussion regarding the City’s ordinance addressing shopping carts / anti-theft shopping cart solutions. 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 FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.
Chief Steve Dohman provided the City Council with an update on their current operations.
15. ADJOURNMENT in memory and honor of Ms. Catalina Ramirez Motion/Second: Shawver/
Motion carried at 7:27 p.m.
_______________________________________
MAYOR/CHAIRMAN
ATTEST:
_______________________________________
CITY CLERK/SECRETARY
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: October 25, 2022
SUBJECT: RENEWAL OF AUTHORIZATION FOR VIRTUAL PUBLIC MEETINGS PURSUANT TO AB 361
REPORT IN BRIEF:
Consideration of the circumstances of the state of emergency related to the COVID-19 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.
RECOMMENDED ACTION:
1. City Council declare 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. Reconsider the circumstances of the state of emergency; and
3. Find that state or local officials have continued to impose or recommend measures to promote social distancing; and
4. Direct 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.
BACKGROUND:
On October 26, 2021, City Council adopted Resolution 2021-34, which authorized City staff to conduct remote teleconference meetings of the City Council, Committees, and Commissions under the provisions of AB 361 (in effect as of October 1, 2021 – Government Code Section 54953(e)). Pursuant to Government Code Section 54953(e)(3), the City Council is required every thirty (30) days to reconsider the circumstances of the state of emergency and determine whether:
Item: 9D
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2 • The state of emergency continues to directly impact the ability of the members to meet safely in person, or
• State or local officials continue to impose or recommend measures to promote social distancing.
If neither of the two finding options can be made by majority vote, the City Council, Committees, and Commissions will no longer be able to continue holding public meetings by teleconference without compliance to the Ralph M. Brown Act’s Section 54953(b)(3).
Section 54953(b)(3) imposes notice and access requirements for public meetings conducted via teleconference. Such requirements include identifying in the meeting notice and agenda the teleconference location of each member of the legislative body participating in the meeting and ensuring that each teleconference location be accessible to the public.
It is important to note that having virtual meetings under the provisions of Government Code Section 54953(e)(3) is optional. If the Council wishes, it may continue to meet inperson. In addition, hybrid meetings are permissible. Given that the dynamics of the pandemic and the health crisis are continually changing, the intent of the attached Resolution is to, among other things, allow for the City’s Council, Commissions, and Committees to meet virtually in the event of illness, quarantine, or other government measures. If the Council will meet only or partially in-person, it should ensure compliance with the Orange County Health Care Agency’s recommendations for local public meetings.
ANALYSIS/JUSTIFICATION:
Currently, the State of California and the County of Orange remain under the state of emergency brought on by the COVID-19 pandemic, particularly with the spread of the Omicron BA.5 Variant. State and local officials are still recommending measures to promote social distancing. and the wearing of face masks.
COVID-19 Cases by City
3 COVID-19 United States Cases by County (by Johns Hopkins University) Tracking COVID-19 in California
4 FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
None. This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(4) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly).
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:
1. Provide a safe community.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: Jason Huynh, Management Analyst
Approved by: Hannah Shin-Heydorn, City Manager
City Council Initiated
Item 15D
“DISCUSSION REGARDING
COMPENSATION FOR THE
MEMBERS OF THE CITY COUNCIL”
(This item does not contain a staff report)
Item: 15D
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City Council Initiated
Item 15E
“DISCUSSION REGARDING THE
CITY’S ORDINANCE PERTAINING TO
SHOPPING CARTS”
(This item does not contain a staff report)
Item: 15E
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City Council Initiated
Item 15F
“DISCUSSION REGARDING
OBTAINING SERVICES /
ASSISTANCE FOR THE CITY’S
PUBLIC SAFETY SERVICES
DEPARTMENT AND PUBLIC WORKS
DIVISION”
(This item does not contain a staff report)
Item: 15F
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City Council Initiated
Item 15G
“DISCUSSION REGARDING THE
SALE AND USE OF
SAFE AND SANE FIREWORKS
WITHIN THE CITY OF STANTON”
(This item does not contain a staff report)
Item: 15G
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