Special & Joint Regular Meeting – August 22, 2023 - Page 1 of 13
MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY OF THE CITY OF STANTON AUGUST 22, 2023
SPECIAL CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (5:00 PM)
JOINT REGULAR CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (6:30 PM)
1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 5:00 p.m. by Mayor Pro Tem / Chairperson Van.
2. ROLL CALL
Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Warren, and Mayor Pro Tem/Vice Chairperson Van.
Absent: None.
Excused: Mayor/Chairman Shawver.
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.
4. CLOSED SESSION
The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 5:01 p.m. for discussion regarding:
4A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1
Case Name: Tina Pacific Residents Association, et al. v. City of Stanton Case Number: OCSC 39-2023-01316300-CU-WM-CXC
4B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1
Case Name: Stanton Housing Authority v. Ramirez, et al.
Case Number: OCSC 30-2023-01313034-CL-UD-CJC
Special & Joint Regular Meeting – August 22, 2023 - Page 2 of 13 4C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957.6)
Title: City Attorney
4D. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2)
Number of Potential Cases: 1
5. CALL TO ORDER / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY
MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:33 p.m.
6. ROLL CALL
Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Warren, and Mayor Pro Tem/Vice Chairperson Van.
Absent: None.
Excused: Mayor/Chairman Shawver.
7. PLEDGE OF ALLEGIANCE
Led by Mr. Kenneth Bloom.
The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 5:01 to 6:30 p.m.
The City Attorney / Agency Counsel reported that there was no reportable action.
8. SPECIAL PRESENTATIONS AND AWARDS
A. Captain Charles L. Walters introduced newly assigned Orange County Sheriff’s Department Stanton deputies to the City Council:
• Deputy A. Garcia-Rodriguez
• Deputy A. Manrique
• Deputy C. Cardenas
• Deputy G. Chacon-Ramos
• Deputy S. Gallardo
Special & Joint Regular Meeting – August 22, 2023 - Page 3 of 13 Captain Charles L. Walters announced, recognized, and introduced the Deputies of the Year for 2021 and 2022 to the City Council:
• Sergeant Juan Lopez
• Deputy Eric Peevey
B. Presentation by Mr. Eric O’Donnell, Deputy Director, Townsend Public Affairs, providing the City Council with an update on State and Federal Legislation.
9. CONSENT CALENDAR
Motion/Second: Taylor/Torres
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres AYE
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairperson Van AYE
Mayor/Chairman Shawver ABSENT
Motion unanimously carried:
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
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated July 28, 2023 – August 10, 2023, in the amount of $1,478,438.88.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Special and Regular Meeting – July 11, 2023.
Special & Joint Regular Meeting – August 22, 2023 - Page 4 of 13 9D. JUNE 2023 INVESTMENT REPORT
The Investment Report as of June 30, 2023, 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 2023. 9E. JUNE 2023 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of June 30, 2023, 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 2023. 9F. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR BROCHURE
DESIGN AND PRINTING SERVICES
Staff recommends that City Council approve the contracts with DSYL and Southwest Offset Printing for the design and printing of the Stanton Express recreation brochure.
1. The City Council declared that the project is not subject to CEQA in accordance with Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
2. Approved a Professional Services Agreement with DSYL for the design of the Stanton Express recreation brochure; and
3. Approved a Professional Services Agreement with Southwest Offset Printing for the printing of the Stanton Express recreation brochure; and
4. Authorized the City Manager to bind the City of Stanton and DSYL and Southwest Offset Printing in contracts to provide these services.
Special & Joint Regular Meeting – August 22, 2023 - Page 5 of 13 9G. APPROVE COOPERATIVE AGREEMENT BETWEEN THE CITY OF STANTON AND THE CITY OF GARDEN GROVE FOR THE FISCAL YEAR 2022/2023
CITYWIDE RESURFACING PROJECT
A portion of the intersection of Katella Avenue and Dale Avenue is within the City of Garden Grove. In order to fully rehabilitate the intersection, the City Engineer recommends including the City of Garden Grove’s portion into the scope of work for the Fiscal Year 2022/2023 Citywide Street Resurfacing Project. As such, staff worked collaboratively with the City of Garden Grove to develop a cooperative agreement for the construction.
1. The City Council finds that that the project is categorically exempt under the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor alteration of existing streets, sidewalks, gutters, and similar facilities; and
2. Approved the Cooperative Agreement between the City of Stanton and the City of Garden Grove for the Fiscal Year 2022/2023 Citywide Street Resurfacing Project; and
3. Authorized the City Manager to execute the Cooperative Agreement. 9H. APPROVAL OF SECOND AMENDMENT TO AGREEMENT FOR TREE
MAINTENANCE, PLANTING, AND REMOVAL SERVICES
Great Scott Tree Service (GSTS) has been trimming and maintaining the City’s trees since 2011. The term of the current agreement is July 1, 2018 to June 30, 2024. The current not-to-exceed annual compensation is $90,000 and the total contract not-toexceed compensation is $480,000, as established in the First Amendment approved on June 28, 2022. Based on GSTS’s satisfactory service and competitive rates, staff is recommending a second amendment to extend the term of the Agreement to June 30, 2026, increase the annual not-to-exceed compensation to $100,000, and increase the total contract not-to-exceed compensation to $780,000.
1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping; and
2. Approved the Second Amendment to the existing agreement with Great Scott Tree Service and allowed the City Attorney to make minor edits as necessary prior to the execution of the Second Amendment; and
3. Authorized the City Manager to execute the Second Amendment to the existing Agreement with Great Scott Tree Service.
Special & Joint Regular Meeting – August 22, 2023 - Page 6 of 13 9I. CITY OF STANTON QUALIFIED CONTRACTORS LIST FOR CALIFORNIA
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
The City of Stanton’s Qualified Contractors List has been prepared in accordance with the California Uniform Public Construction Cost Accounting Act (CUPCCAA) guidelines and associated Public Contract Codes.
1. The City Council declared this action to be categorically exempt under the California Environmental Quality Act, 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. Received and filed the Qualified Contractors List (Attachment A).
END OF CONSENT CALENDAR
10. PUBLIC HEARINGS None.
11. UNFINISHED BUSINESS
11A. APPROVAL OF ORDINANCE NO. 1132
This Ordinance was introduced at the regular City Council meeting of August 8, 2023.
Staff report by Ms. Patricia A. Vazquez, City Clerk.
Motion/Second: Warren/Taylor
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres NO
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairperson Van AYE
Mayor/Chairman Shawver ABSENT
Motion carried:
1. The City Clerk read the title of Ordinance No. 1132, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, AMENDING SECTION 5.74.045 OF
CHAPTER 5.74 OF TITLE 5 OF THE STANTON MUNICIPAL CODE
REGARDING REGULATIONS ON SIDEWALK VENDING”; and
2. The City Council adopted Ordinance No. 1132.
Special & Joint Regular Meeting – August 22, 2023 - Page 7 of 13
12. NEW BUSINESS
12A. CITY SPONSORSHIP REQUEST – FRIENDS OF FAMILIES FUNDRAISER FOR
MAUI RELIEF
Per the City’s Sponsorship Program, Friends of Families is requesting cosponsorship of a fundraiser to support relief efforts for Maui. The sponsorship request is for in-kind consideration of marketing and outreach. At its meeting on August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
Staff report by Ms. Hannah Shin-Heydorn, City Manager.
Motion/Second: Warren/Taylor
Motion carried by the following vote:
AYES: 4 (Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: 1 (Shawver)
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. Approved the Friends of Families sponsorship request for co-sponsorship. 12B. FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT,
APPROPRIATION OF FUNDS, AND RESOLUTION REGARDING AMENDMENT
TO EMPLOYEE BENEFITS AND SALARY RATES
For consideration is the First Amendment to Employment Agreement between the City and Hannah Shin-Heydorn regarding the position of City Manager. If the amendment is approved, then funds should be accordingly appropriated, and the City’s employee benefits and salary rates resolution should also be amended.
Staff report by Ms. HongDao Nguyen, City Attorney.
Motion/Second: Warren/Torres
Motion carried by the following vote:
AYES: 4 (Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: 1 (Shawver)
Special & Joint Regular Meeting – August 22, 2023 - Page 8 of 13 Motion unanimously carried:
1. The City Council declared that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) - continuing administrative or maintenance activities, such as purchase of supplies, personnel-related actions, general policy, and procedures making; and
2. Authorized the Mayor to approve and execute the First Amendment to Employment Agreement with Hannah Shin-Heydorn; and
3. Appropriated $5,100 from the General Fund (#101) available fund balance and $900 from the Housing Authority Fund (#285) available fund balance for Fiscal Year 2023/24; and
4. Adopted Resolution No. 2023-24 amending the Employee Benefits and Salary Rates, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, REGARDING EMPLOYEE BENEFITS
AND SALARY RATES FOR ALL CLASSES OF EMPLOYMENT”.
12C. PARTICIPATION IN THE ORANGE COUNTY SHERIFF’S DEPARTMENT (OCSD)
FUSUS PILOT PROGRAM
The OCSD is partnering with Fusus, LLC (Fusus) to conduct a pilot program to enhance intelligence-led policing (ILP) efforts throughout Orange County. The OCSD has identified the City of Stanton as an ideal candidate for the pilot program.
The City Council will consider approving participation in the pilot program.
Staff report by Ms. Hannah Shin-Heydorn, City Manager.
Public Comment:
• (Via E-Mail) Mr. Doug Makino, resident spoke in opposition to the program.
Mr. Makino stated that the City should take additional time to fully explore the potential consequences of implementing a surveillance system like FUSUS before participating in the pilot program and that the adoption and creation of a broad surveillance network that blurs the lines between public and private raises questions about privacy for the people of the city. Mr. Makino further stated that he implores the City Council to not move forward with approval of the pilot program, take additional time before approving such a program, take the appropriate steps to fully address the possible privacy concerns, make a concerted effort to engage the public for feedback, and to consider a model integrating Community Control over Police Surveillance. • Ms. Sandra Vurdugo, resident, spoke in favor of the program and inquired as to camera recommendations and placement.
Special & Joint Regular Meeting – August 22, 2023 - Page 9 of 13 Motion/Second: Warren/Taylor
Approve the City’s participation in the OCSD Fusus pilot program.
Request for Substitute Motion (Torres):
Hold a Study Session with the Orange County Sheriff’s Department and FUSUS, LLC to provide a presentation along with efficacy data to the City Council and Stanton Community prior to the City’s approval of participation in the FUSUS pilot program.
Motion/Second: Torres/Van
ROLL CALL VOTE: Council Member Taylor NO
Council Member Torres AYE
Council Member Warren NO
Mayor Pro Tem Van AYE
Mayor Shawver ABSENT
Motion failed:
Final Motion (Van):
City Council approve proposed recommended action items 1 and 2, hold a Study Session with the Orange County Sheriff’s Department and FUSUS, LLC to provide a presentation along with efficacy data to the City Council and Stanton Community, advertise the presentation/study session on the City’s social media platforms, and provide the City with authority to authorize revocation of approval from the program at any point in time should it be deemed necessary.
Motion/Second: Van/Taylor
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres NO
Council Member Warren AYE
Mayor Pro Tem Van AYE
Mayor Shawver ABSENT
Motion carried:
Special & Joint Regular Meeting – August 22, 2023 - Page 10 of 13 12D. CONSIDERATION OF TERM LIMITS FOR THE OFFICE OF DIRECTLY ELECTED MAYOR
Term limits were established for members of the City Council following the adoption of Measure RR in 2016. With the establishment of district-based elections in 2017, the City Council created the office of directly-elected Mayor to serve at-large. As the office of directly-elected Mayor is separate from the office of Member of the City Council, the term limits enacted in 2016 do not apply to the Mayor. The City Council has directed staff to provide a report on the process to establish term limits for the office of directly-elected Mayor.
Request to table item 12D until the Mayor with an excused absence is able to participate in the discussion of this item. The City Council determined to move forward with discussion of item 12D.
Staff report by Ms. Hannah Shin-Heydorn, City Manager.
Motion/Second: Taylor/Warren
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres AYE
Council Member Warren AYE
Mayor Pro Tem Van AYE
Mayor Shawver ABSENT
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. The City Council discussed and exercised City Council discretion in directing staff to prepare an ordinance establishing three four-year term limits for the office of directly-elected Mayor and expand term limits for the office of Council Member - Districts 1, 2, 3, and 4 to three four-year term limits to be placed on the November 2024 General Municipal Election.
13. ORAL COMMUNICATIONS – PUBLIC None.
14. WRITTEN COMMUNICATIONS None.
Special & Joint Regular Meeting – August 22, 2023 - Page 11 of 13
15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS
15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS
• Council Member Taylor reported on the Orange County Mosquito and Vector Control District’s concerns with increased mosquito activity due to the recent storm/rains and reported on the Orange County Mosquito and Vector Control District’s “Tip, Toss, and Take Action: FIGHT BACK OC!” campaign. 15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL
MEETING
• Council Member Taylor requested to agendize discussion regarding changing the composition of the current four (4) City Council Member Districts with a directly-elected Mayor to a five (5) Council Member Districts with no directlyelected Mayor. 15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
The City Council requested to hold a Study Session with the Orange County Sheriff’s Department and FUSUS, LLC to provide a presentation along with efficacy data to the City Council and Stanton Community, advertise the presentation/study session on the City’s social media platforms, and provide the City with authority to authorize revocation of approval from the program at any point in time should it be deemed necessary.
Due to the excused absence of Mayor Shawver, City Council Initiated Items, 15D, 15E, and 15F were tabled to be discussed at a future City Council meeting date. 15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING THE AREA NEAR THE CA-22 FREEWAY AND GARDEN GROVE BOULEVARD
At the August 8, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss what the City can do to assist the City’s neighboring partner agencies and neighboring cities in regards to the area near the CA-22 Freeway and Garden Grove Boulevard.
RECOMMENDED ACTION:
City Council provide direction to staff.
Special & Joint Regular Meeting – August 22, 2023 - Page 12 of 13 15E. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING
HOMELESSNESS / HABITUAL TRANSIENTS WITHIN THE CITY
At the August 8, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss homelessness, habitual transients, provided services, and service resistance within the City.
RECOMMENDED ACTION:
City Council provide direction to staff.
15F. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING PROSTITUTION
ACTIVITY WITHIN THE CITY
At the August 8, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss prostitution activity (indecent exposure / impediment of traffic / traffic safety concerns) within the City.
RECOMMENDED ACTION:
City Council provide direction to staff.
16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.
17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
• Ms. Hannah Shin-Heydorn, City Manager, expressed her gratitude to Stanton employee, Mr. Gustavo Pena, Facilities Maintenance Worker II for his efforts in preparing and addressing the safety concerns of the City during the landfall of Hurricane Hilliary.
• Ms. Hannah Shin-Heydorn, City Manager reported on the following items:
o Senior Scam Stopper Event - Hosted by Assemblyman Tri Ta and cohosted with the City of Stanton, which is scheduled to be held on August 25, 2023, at 10:00 a.m. at Stanton City Hall – Stanton Civic Center Banquet Hall.
o Opioid Town Hall Event - Sponsored by Supervisor Doug Chaffee, OC Health Care Agency, and the City of Stanton, which is scheduled to be held on August 30, 2023, at 6:30 p.m. at Stanton City Hall – Community Room. o Stanton Art Exhibit & Symphony on the Go, which is scheduled to be held on September 1, 2023, at 5:00 p.m. at Stanton Central Park.
Special & Joint Regular Meeting – August 22, 2023 - Page 13 of 13 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.
Captain Charles L. Walters provided the City Council with an update on their current operations.
18. ADJOURNMENT Motion/Second: Van/
Motion carried at 8:27 p.m.
/s/ David J. Shawver
_______________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
/s/ Patricia A. Vazquez
_______________________________________
CITY CLERK/SECRETARY