RESOLUTION NO. 2023-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA
AFFIRMING THE CITY'S SUPPORT AND SOLIDARITY WITH THE PALESTINIAN
PEOPLE OF GAZA AND SUPPORT REPRESENTATIVE CORI BUSH'S
CONGRESSIONAL RESOLUTION CALLING FOR AN IMMEDIATE DE-ESCALATION
AND CEASE-FIRE IN ISRAEL AND OCCUPIED PALESTINE
WHEREAS, 1,400 Israelis were killed by Hamas on October 7, 2023, and nearly 10,000 Palestinians, including over 3,000 children, have been killed by the Israeli government in this escalated conflict; and
WHEREAS, the City of Stanton stands in solidarity with the Palestinian people of Gaza, who are currently facing collective punishment by the Israeli government; and WHEREAS, collective punishment is considered a war crime under international law, and refers to a form of sanction imposed on persons or a group of persons in response to a crime committed by one of them or a member of the group; and WHEREAS, the Israeli government is engaging in collective punishment against the Palestinian people in Gaza in response to Hamas attacks on Israel; and WHEREAS, this collective punishment of the Palestinian people includes shutting off all access to electricity, drinking water, food, and humanitarian aide; and WHEREAS, the United Nations (UN) says approximately 2 million people in Gaza may soon run out of drinking water and all medical care; and WHEREAS, the Gaza Strip, one of the most densely populated places on Earth, has been repeatedly referred to by human rights groups as "the world's largest open-air prison" even prior to this conflict; and
WHEREAS, Gaza is known as "the world's largest open-air prison" due to ongoing, unbearable living conditions imposed by the Israeli government, including a full air, land and sea blockade, enclosure of its borders by concrete walls and barbed wire fences, and the strict prohibition of Palestinians from leaving and entering the territory freely; and WHEREAS, this blockade on Gaza has caused a 42% unemployment rate, while 84% of the population relies on humanitarian aid, 41% of Palestinians have too little food, 60% of Palestinian children are anemic, and the Gazan population cannot count on more than 2-4 hours of continuous electrical power a day; and
WHEREAS, prior to this current water shortage, only 1% of Gaza population has access to safe drinking water, leaving Gaza's population - half of whom are children - increasingly vulnerable to waterborne diseases, infections, and dehydration; and Attachment: A
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RESOLUTION NO. 2023-30
WHEREAS, hundreds of thousands of lives are at imminent risk if a cease-fire is not achieved and humanitarian aid is not delivered without delay; and WHEREAS, the Federal Government holds immense diplomatic power to save Israeli and Palestinian lives.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
1. That the City of Stanton takes seriously the entreaty of "Never Again," and that the historical memory of the Holocaust means fighting ethnic cleansing and apartheid everywhere.
2. That the City of Stanton vows to combat antisemitism and ethno-nationalism in all its forms.
3. That the City of Stanton calls for an immediate humanitarian ceasefire and the safe passage of substantial humanitarian aid to Gaza.
4. That the City of Stanton calls for the immediate release of all Israeli hostages taken by Hamas.
5. That the City of Stanton calls for an end to Israeli apartheid and the occupation and blockade of Palestinian land by Israeli military forces.
6. That the City of Stanton endorses the Congressional Resolution submitted by Representatives Cori Bush (MO-01), Rashida Tlaib (MI-12), Andre Carson (IN- 07), Summer Lee (PA-12), and Delia C. Ramirez (IL-03), alongside Representatives Jamaal Bowman (NY-16), Bonnie Watson Coleman (NJ-12), Jesus "Chuy" Garcia (IL04), Jonathan Jackson (IL-01), Alexandria Ocasio-Cortez (NY-14), Ilhan Omar (MN05), Ayanna Pressley (MA-07), and Nydia Velazquez (NY-07) and urges our Congressional Representative, Rep. Robert Garcia, and California's Congressional delegation to vote in support of the resolution.
7. That the City Council directs the City Manager or their designee to immediately distribute this Resolution upon its adoption to the offices of Senator Alex Padilla (CA), Representatives Robert Garcia (CA-42), Cori Bush (MO-01), Rashida Tlaib (MI-12), Andre Carson (IN-07), Summer Lee (PA-12), and Delia C. Ramirez (IL-03), alongside Representatives Jamaal Bowman (NY-16), Bonnie Watson Coleman (NJ-12), Jesus "Chuy" Garcia (IL-04), Jonathan Jackson (IL-01), Alexandria Ocasio-Cortez (NY-14), Ilhan Omar (MN- 05), Ayanna Pressley (MA-07), and Nydia Velazquez (NY-07).
8. That the City of Stanton advocates for the dignity and safety of residents in every community, regardless of what crimes its leadership may commit, and that peaceful diplomacy is the only way to achieve this safety and dignity.
RESOLUTION NO. 2023-30
PASSED, APPROVED, AND ADOPTED this 12th day of December 2023.
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-30 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on December 12, 2023, and that the same was adopted, signed, and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
RESOLUTION NO. 23-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUDAHY,
CALIFORNIA AFFIRMING THE CITY'S SUPPORT AND SOLIDARITY
WITH THE PALESTINIAN PEOPLE OF GAZA AND SUPPORT REP.
CORI BUSH'S CONGRESSIONAL RESOLUTION CALLING FOR AN
IMMEDIATE DE-ESCALATION AND CEASE-FIRE IN ISRAEL AND
OCCUPIED PALESTINE
WHEREAS, 1,400 Israelis were killed by Hamas on October 7th and nearly 10,000 Palestinians, including over 3,000 children, have been killed by the Israeli government in this escalated conflict; and
WHEREAS, the City stands in solidarity with the Palestinian people of Gaza, who are currently facing collective punishment by the Israeli government; and WHEREAS, collective punishment is considered a war crime under international law, and refers to a form of sanction imposed on persons or a group of persons in response to a crime committed by one of them or a member of the group; and
WHEREAS, the Israeli government is engaging in collective punishment against the Palestinian people in Gaza in response to Hamas attacks on Israel; and WHEREAS, this collective punishment of the Palestinian people includes shutting off all access to electricity, drinking water, food, and humanitarian aid; and WHEREAS, the UN says approximately 2 million people in Gaza may soon run out of drinking water and all medical care; and
WHEREAS, the Gaza Strip, one of the most densely populated places on Earth, has been repeatedly referred to by human rights groups as "the world's largest open-air prison" even prior to this conflict; and
WHEREAS, Gaza is known as "the world's largest open-air prison" due to ongoing, unbearable living conditions imposed by the Israeli government, including a full air, land and sea blockade, enclosure of its borders by concrete walls and barbed wire fences, and the strict prohibition of Palestinians from leaving and entering the territory freely; and WHEREAS, this blockade on Gaza has caused a 42% unemployment rate, while 84% of the population relies on humanitarian aid, 41 % of Palestinians have too little food, 60% of 1 Attachment: B
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Palestinian children are anemic, and the Gazan population cannot count on more than 2-4 hours of continuous electrical power a day; and
WHEREAS, prior to this current water shortage, only 1 % of Gaza population has access to safe drinking water, leaving Gaza's population - half of whom are children - increasingly vulnerable to waterborne diseases, infections, and dehydration; and WHEREAS, hundreds of thousands of lives are at imminent risk if a cease-fire is not achieved and humanitarian aid is not delivered without delay; and WHEREAS, the Federal Government holds immense diplomatic power to save Israeli and Palestinian lives.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
RESOLVED, that the City of Cudahy takes seriously the entreaty of "Never Again," and that the historical memory of the Holocaust means fighting ethnic cleansing and apartheid everywhere; and
BE IT FURTHER RESOLVED, that the City of Cudahy vows to combat antisemitism and ethno-nationalism in all its forms; and
BE IT FURTHER RESOLVED that the City of Cudahy calls for an immediate humanitarian ceasefire and the safe passage of substantial humanitarian aid to Gaza; and BE IT FURTHER RESOLVED that the City of Cudahy calls for the immediate release of all Israeli hostages taken by Hamas; and
BE IT FURTHER RESOLVED that the City of Cudahy calls for an end to Israeli apartheid and the occupation and blockade of Palestinian land by Israeli military forces; and BE IT FURTHER RESOLVED, that the City of Cudahy endorses the Congressional Resolution submitted by Representatives Cori Bush (MO-01), Rashida Tlaib (MI-12), Andre Carson (IN07), Summer Lee (PA-12), and Delia C. Ramirez (IL-03), alongside Representatives Jamaal Bowman (NY-16), Bonnie Watson Coleman (NJ-12), Jesus "Chuy" Garcia (IL-04), Jonathan Jackson (IL-01), Alexandria Ocasio-Cortez (NY-14), Ilhan Omar (MN-05), Ayanna Pressley (MA-07), and Nydia Velazquez (NY-07) and urges our Congressional Representative, Rep.
Robert Garcia, and California's Congressional delegation to vote in support of the resolution.
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BE IT FURTHER RESOLVED, that the City Council directs the City Manager or his designee to immediately distribute this Resolution upon its adoption to the offices of Senator Alex Padilla (CA), Representatives Robert Garcia (CA-42), Cori Bush (MO-01), Rashida Tlaib (MI-12), Andre Carson (IN-07), Summer Lee (PA-12), and Delia C. Ramirez (IL-03), alongside Representatives Jamaal Bowman (NY-16), Bonnie Watson Coleman (NJ-12), Jesus "Chuy" Garcia (IL-04), Jonathan Jackson (IL-01), Alexandria Ocasio-Cortez (NY-14), Ilhan Omar (MN05), Ayanna Pressley (MA-07), and Nydia Velazquez (NY-07).
FINALLY, BE IT RESOLVED that the City of Cudahy advocates for the dignity and safety of residents in every community, regardless of what crimes its leadership may commit, and that peaceful diplomacy is the only way to achieve this safety and dignity.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 7
th day of November 2023.
ATTEST:
Daisy Lomeli
Mayor
F.c:\oh!'.i,):l \o .. :'3 -l'..:
l',1:,'l' 01 of cj.
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CUDAHY
)
)
)
SS:
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 23-48 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 7 th
day of November, 2023, and that said Resolution was adopted by the following vote, to-wit:
A YES: C. Gonzalez, Alcantar, and Lomeli
NOES: Fuentes
ABSENT: J. Gonzalez
ABSTAIN: None
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: December 12, 2023
SUBJECT: CONSIDERATION OF EXTENSION OF EXPIRED COMMERCIAL
CANNABIS PERMITS
REPORT IN BRIEF:
At the October 24, 2023, City Council meeting, Mayor Shawver requested that a discussion regarding a review and update of the City’s current cannabis ordinance be agendized for discussion. At the November 14, 2023, City Council meeting, per the discussion, the City Council directed staff to bring back an agenda report focused on the possible extension of recently expired cannabis permits.
RECOMMENDED ACTIONS:
1. City Council find 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. Provide direction to staff regarding the extension of expired commercial cannabis business permits.
BACKGROUND:
In June 2020, Council adopted Ordinance 1100 establishing regulations and zoning standards related to commercial cannabis businesses. From September 14 – October 29, 2020, the City solicited interested businesses, received 56 applications and issued 13 permits.
Category
Applications
Received
Permits
Issued
Cultivation 4 3
Delivery 5 4
Distribution 1 1
Manufacturing 1 1
Retail 45 4
Item: 9B
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2 In regard to the validity and expiration of the permits, Stanton Municipal Code Section
5.77.100 includes the following:
• A permit is valid upon issuance and continues in effect until it expires automatically 12 months after the date of its issuance, unless extended or sooner suspended, or revoked.
• If a permittee has not opened its business and become operational within 12 months of securing a permit, all rights to the permit shall terminate and shall be forfeited. However, if the permittee can show significant and diligent progress towards opening (e.g., evidence demonstrating substantial funds invested, applications submitted for licenses or permits, etc.), the City Manager may provide one six-month extension to become operational.
• The City may also provide up to one six-month extension of time to become operational if there is an ongoing local emergency or force majeure (e.g., acts of God, war, pandemics, and strikes) that results in substantial delay in processing any of the necessary approvals for the permit.
• The total time of any extension provided shall not exceed a maximum of two years after issuance of the original permit. Failure to receive any extension shall render the permit expired.
• Any permittee that received a permit in November 2021 shall be required to be operational by May 31, 2023. Failure to become operational by May 31, 2023 shall result in the automatic expiration of the permit, except that a permittee may apply for an additional six-month extension due to an ongoing local emergency or force majeure.
As of November 30, 2023, four of the 13 permits issued are operational, and nine have expired.
Category Permittee Operational Expired
Cultivation Culture Stanton Growers X
Cultivation Pure Stanton X
Cultivation Stanton Fresh Farms X
Delivery Club Nirvana X
Delivery Dyrect X
Delivery Indo Cali X
Delivery Stanton Sage Holding X
Distribution Corktown Life X
Manufacturing Pure Stanton x
Retail Catalyst X
Retail Culture X
Retail Haven 5 X
Retail Kannabis Works X
3 ANALYSIS/JUSTIFICATION:
On July 5, 2023, Joseph Adeife of the Law Offices of Joseph Adeife submitted an extension request beyond the November 30, 2023 deadline to the City Manager on behalf of Stanton Fresh Farms (cultivation). Based upon the City’s Municipal Code, the City Manager denied the extension request.
On October 18, 2023, the City received a letter from the Law Offices of Joseph Adeife on behalf of Allen Othman, property owner of 8131 Electric Avenue and 10762 Chestnut Avenue, the building locations for Stanton Fresh Farms (cultivation) and Culture Stanton Growers (cultivation) respectively, requesting a “reasonable” extension beyond the November 30, 2023 deadline.
On October 10, 2023, staff received a request for an extension from Dyrect (delivery) beyond the November 30, 2023 deadline. Based upon the City’s Municipal Code, the extension request was denied.
Timeline of Activities and Requested Extension
Staff has documented the following timelines for each permittee requesting an extension going back to their initial engagement with the City. Staff also reached out to each permittee and requested they provide a realistic extension time frame to be open and operational.
Culture (Cultivation)
The following timeline provides a record of Culture’s activities. Culture responded that they are requesting an additional 36-month extension beyond the November 30, 2023 deadline, out to November 30, 2026. Culture has stated the electrical upgrade wait time is the cause of their request, and that wait time is currently estimated at 24 months. 11/2021 City issues permit.
03/22/2022 Permittee submits plan for plan check. Plan check routed to Building and Planning.
04/26/2022 Plan check completed (corrections required). 06/15/2022 Plan check resubmitted and routed same day to Building and Planning.
07/06/2022 Plan check completed (corrections required). 03/27/2023 Meeting to discuss status of project with property owner and architect. 07/25/2023 Plan check resubmitted.
07/26/2023 Plans routed to Building and Planning.
08/03/2023 Plan check completed and comment letter issued. 09/20/2023 Architect sends email with questions about comment letter items. 09/25/2023 Staff responds to architect’s email.
09/25/2023 Architect sends email with updated plans for preliminary review prior to submitting through portal.
09/26/2023 Staff responds to architect’s email with comments. 4 09/27/2023 Architect states he will update the full set of plans and submit through the portal.
09/27/2023 Staff responds advising architect to submit to the portal in order to expedite review process.
10/05/2023 Plan check resubmitted.
10/05/2023 Plan check invoice for 4th plan check sent to applicant. 10/08/2023 Plan check invoice paid.
10/09/2023 Plans routed for review.
10/25/2023 Architect sends follow-up email regarding the status of plan check. 10/25/2023 Staff informs architect that the plans are still under review.
Stanton Fresh Farms (Cultivation)
The following timeline provides a record of Stanton Fresh Farms’ activities. Stanton Fresh Farms did not respond to staff’s inquiry regarding requested extension. 11/2021 City issues permit.
06/14/2022 Location Verification Application submitted to staff. 06/20/2022 Staff approves location.
07/05/2022 Emails between staff and applicant regarding design questions. 09/26/2022 Plans submitted via email for preliminary review from Planning Division. Staff recommends applicant submit a full set of plans for plan check due to time remaining on permit.
02/20/2023 Applicant requests a meeting with staff to discuss preliminary comments. Staff addresses questions.
03/27/2023 Staff meet with property owner and applicant to discuss design issues.
05/11/2023 Staff emails plan check comments to applicant. 05/15/2023 Staff answers questions regarding plan check comments. 08/28/2023 Applicant and architect are informed that the City still has not received a full set of plans to date.
09/05/2023 Applicant and architect are informed that a Water Quality Management Plan is required for their site.
09/14/2023 Plans are submitted through the portal.
09/19/2023 Plan check invoice is paid and plans are routed to Building and Planning.
10/04/2023 Place check review is completed and a comment letter is issued. 10/04/2023 Architect sends email with questions about comment letter. 10/10/2023 Staff responds to questions.
5 Dyrect (Delivery)
The following timeline provides a record of Dyrect’s activities. Dyrect originally responded that they are requesting an additional 4-month extension beyond the November 30, 2023 deadline, out to March 31, 2024. During a recent site inspection, the Building Inspector identified numerous safety issues, including those related to plumbing and electrical. As a result, the Building Inspector has found the property to be unsafe for employees to occupy during construction.
Recently, Dyrect has stated the costs associated with the required renovation of the current property have made the site no longer viable. They are now inquiring about an extension of the permit and finding an entirely new site. 11/2021 City issues permit.
07/07/2022 Tenant improvement (TI) plans submitted through portal. 08/09/2022 TI plans review completed with comments. Proposed TI work did not match cannabis application.
06/22/2023 Staff meets with applicant about project status and pending items. 06/26/2023 Applicant sends email memorializing meeting items. 06/27/2023 Applicant sends email with questions.
06/27/2023 Staff responds to applicant email.
06/27/2023 Applicant submits preliminary plan to staff via email prior to submitting via the portal.
06/28/2023 Staff informs applicant they may proceed to draft a full set of plans based on preliminary plans.
07/25/2023 Staff reaches out to applicant checking on plan submittal update. 07/26/2023 TI plans submitted through portal and routed same-day for review. 07/27/2023 TI plan check comments return to applicant.
07/31/2023 Applicant submits request regarding ownership restructuring. 08/01/2023 Security plan submitted and routed to Planning. 08/22/2023 Security plan comments return to applicant.
08/23/2023 TI plans resubmitted through portal and routed to Planning and Building.
08/23/2023 Security plan resubmitted and routed to Planning. 09/06/2023 Security plan comments returned to applicant. 09/11/2023 TI plan check comments returned to applicant. 09/11/2023 Security plan resubmitted and routed to Planning. 09/11/2023 Landscaping plan submitted and routed to Planning. 09/14/2023 Security plan approved by Planning.
09/18/2023 TI plans resubmitted and routed for review.
09/21/2023 Landscaping plan comments returned to applicant. 09/25/2023 Landscaping plan resubmitted and routed to Planning. 09/27/2023 TI plans approved by Planning and Building.
09/27/2023 Landscaping plan comments returned to applicant. 09/28/2023 Landscaping plan resubmitted and routed to Planning. 09/28/2023 Landscaping plan approved by Planning.
11/02/2023 Mechanical/Electrical/Plumbing plans submitted through portal. 6 Opportunity Costs
On November 5, 2019, Stanton voters passed Measure A, establishing a tax on cannabis business operations within the City. The passing of this ballot measure subjects cannabis business to the tax rates listed below based on classifications.
Category Tax Basis Annual Tax Rate
Cultivation Square Footage $12.58 per square
foot (adjusted
annually for CPI)
Distribution Gross Receipts 3.0%
Manufacturing Gross Receipts 4.0%
Retail Gross Receipts 6.0%
Testing Gross Receipts 2.5%
Culture (Cultivation)
The following table documents the tax Culture would have to submit to the City if they were currently operational.
Sq. Ft. Tax Rate Annual
Amount
Vegetation Room 1,935 sq. ft. $12.58 per sq. ft. $24,342.30 Room 1 1,600 sq. ft. $12.58 per sq. ft. $20,128.00
Room 2 1,600 sq. ft. $12.58 per sq. ft. $20,128.00
Room 3 1,920 sq. ft. $12.58 per sq. ft. $24,153.60
Room 4 2,112 sq. ft. $12.58 per sq. ft. $26,568.96
TOTAL $115,320.86
Stanton Fresh Farms (Cultivation)
The following table documents the tax Stanton Fresh Farms would have to submit to the City if they were currently operational.
Sq. Ft. Tax Rate Annual
Amount
Room 1 1,668 sq. ft. $12.58 per square foot $20,983.44
Room 2 1,920 sq. ft. $12.58 per square foot $24,153.60
Room 3 1,920 sq. ft. $12.58 per square foot $24,153.60
TOTAL $69,290.64
7 Dyrect (Delivery/Distribution)
The tax for delivery/distribution is 3.0% of gross receipts, or $30,000 for every $1 million in gross receipts. Although there is summary information available from various sources regarding delivery/distribution sales in California, it is very difficult to extrapolate from those high-level numbers what estimated activity in Stanton may look like. As such, staff has not proposed an estimated opportunity cost.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ENVIRONMENTAL IMPACT:
None, this item is an administrative activity 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)(5) 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 ADDRESSED:
Obj. No. 6: Maintain and promote a responsive, high-quality, and transparent government.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: Hannah Shin-Heydorn, City Manager
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: December 12, 2023
SUBJECT: AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF STANTON, CALIFORNIA ESTABLISHING A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT OF ANY NEW PUBLIC
LODGING, LODGING FACILITY OR LODGING BUSINESSES OR
USES, AND A TEMPORARY MORATORIUM ON ANY EXPANSION,
ENLARGEMENT, AND/OR ALTERATION OF ANY EXISTING PUBLIC
LODGING, LODGING FACILITY, OR LODGING BUSINESSES AND
USES PENDING STUDY AND THE PREPARATION OF AN UPDATE TO
THE CITY’S MUNICIPAL CODE AND ZONING CODE PURSUANT TO
GOVERNMENT CODE SECTIONS 65858 AND 36937 AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
REPORT IN BRIEF:
The City of Stanton (“City”) has documented that a number of motels in the City are magnets for criminal activity. This is a significant drain on City resources. Each year, the City’s law enforcement responds to hundreds of calls for services that include, among other things, prostitution, narcotics violations, stolen vehicles, weapon possession, probation/parole violations, burglary, robbery, gang activity, assaults, and assaults with deadly weapons. That amounts to hundreds of thousands of dollars spent on law enforcement, code enforcement, public safety, and other City costs. The high level of criminal activity at motels in the City poses immediate impacts on the health, safety, and welfare of the community. The crime endangers residents, businesses, and visitors, and significantly degrades quality of life. Against this backdrop, the City Council is asked to consider an interim urgency ordinance to temporarily prohibit the establishment of public lodging and/or the expansion, enlargement, or alteration of existing public lodging businesses and uses within the City. The interim urgency ordinance is intended to provide the City with sufficient time to study the continuing impacts of these establishments and to develop new municipal and zoning code regulations.
RECOMMENDED ACTIONS:
1. City Council find that the proposed urgency 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 Item: 9C
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2 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.
2. Adopt Urgency Ordinance No. 1136, entitled:
“AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF STANTON, CALIFORNIA ESTABLISHING A
TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF ANY
NEW PUBLIC LODGING, LODGING FACILITY OR LODGING
BUSINESSES OR USES, AND A TEMPORARY MORATORIUM ON
ANY EXPANSION, ENLARGEMENT, AND/OR ALTERATION OF ANY
EXISTING PUBLIC LODGING, LODGING FACILITY, OR LODGING
BUSINESSES AND USES PENDING STUDY AND THE PREPARATION
OF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING
CODE PURSUANT TO GOVERNMENT CODE SECTIONS 65858 AND
36937 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM
CEQA”.
BACKGROUND:
Under the California Constitution and pursuant to its police powers, the City is charged with protecting the health, safety, and welfare of its citizens. A large part of that responsibility is addressing crime and striving for a high quality of life for Stanton residents. The City commits the majority of its annual budget to law enforcement and public safety. Fifty-four percent of the City’s annual budget, or $16.2 million a year, goes to supporting law enforcement, code enforcement services, and public safety services.
Despite the City’s great efforts, crime continues to be a persistent issue. Particular magnets in the City are a number of public lodging businesses1, where Orange County Sheriff’s deputies annually respond to hundreds of calls for service (575 for calendar year 2022). That amounts to approximately 630 hours of law enforcement responses.
Those calls include repeated incidents related to prostitution, narcotics violations, stolen vehicles, weapon possession, probation/parole violations, burglary, robbery, gang activity, assaults, and assaults with deadly weapons. These call numbers and dedicated personnel hours do not reflect the significant additional time and cost associated with proactive policing focused on magnets as well as secondary impacts to surrounding neighborhoods.
Seven motels currently operate within the City. That is a decrease from recent years, when the City had 10 motels. In an effort to improve quality of life and assist the most 1 “Public lodging” means any hotel, motel, lodging house, boardinghouse, bed and breakfast inn, trailer court, or similar public lodging facility. (SMC § 9.52.010; see also definition of “Lodging (Land Use) in SMC § 20.700.120.)
3 vulnerable citizens, the City committed $6 million towards three Project Homekey projects, transforming three magnet motels in the City into permanent and supportive housing, serving homeless individuals or those at risk of experiencing homelessness. (Asterisked motels in the table, below, have been converted to permanent and supportive housing.)
While overall calls for service across the remaining motels have decreased with the transformation of these three magnet motels, the combined number of law enforcement calls for service at the existing motels continues to remain steady, and, in some alarming cases, are seeing significant increases:
The above table was last updated on November 30, 2023. Given the inordinate amount of resources that go into combatting crimes at motels, City administrators and staff have been working on updating the City’s Municipal Code and Zoning regulations to address these issues. However, the City needs additional time to study the issues and work on proposals to bring to the City Council.
ANALYSIS/JUSTIFICATION:
Currently, the Stanton Municipal Code includes a chapter that addresses “Public Lodging,” which includes “motels.” (See SMC Ch. 9.52.) That chapter was last updated in 2014, and City staff intends to propose revisions to that chapter to include, among other things, additional operational standards and security provisions intended to address the current negative impacts caused by existing public lodging uses.
Additionally, zoning regulations are typically imposed on such uses, which will also require time for further research and analysis. Lodging businesses are also subject to a business license requirement (SMC Ch. 5.04) and transient occupancy taxes (Ch. 5.12).
If this interim urgency ordinance is enacted by the Council, then staff would review all the applicable Municipal Code regulations imposed on motels and would provide the Council with a comprehensive analysis and recommendations intended to protect the public safety, health, and welfare of the community.
Government Code Section 36937 authorizes the City Council to adopt an urgency ordinance “for the immediate preservation of the public peace, health or safety.” Government Code Section 65858 authorizes the City Council to adopt an interim ordinance “to protect the public safety, health, and welfare…to prohibit any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal 4 that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time.” As noted in the “Background” section, above, there is an immediate need to preserve and protect the public peace, health, safety, and welfare from the substantial amount of crime that is occurring at various motels within the City. Such crimes do not just affect the respective motels, but they spill into City streets and neighborhoods and affect regional facilities like hospitals and jails. City staff has already begun to analyze the City’s Municipal and Zoning regulations and how other jurisdictions approach such problem businesses. These efforts are expected to culminate in comprehensive updates to the City’s laws. Thus, an interim urgency ordinance squarely meets the requirements of Government Code Sections 36937 and 65858 and is needed, immediately.
The attached interim urgency ordinance (Attachment 1) includes the requisite Government Code findings and, if adopted, would institute a 45-day moratorium to provide staff with time to research, study, and prepare recommendations for the Council’s consideration. If adopted, the following restrictions would be in place for the duration of the urgency ordinance:
1. No new public lodging, lodging facility or lodging business, use or operation would be able to establish within the City.
2. No existing public lodging, lodging facility or lodging business, use or operation would be authorized to expand, enlarge, or alter its physical footprint.
3. The City will not approve or issue any use permit, license, variance, building permit, business license, or other applicable entitlement, license, permit, or approval for the establishment, expansion, enlargement, or alteration of any public lodging, lodging facility or lodging business, use or operation within the City. The exceptions to the moratorium are for existing businesses to make ordinary repairs and maintenance or if State or federal law requires an exception.
In order for the urgency ordinance to be effective, four-fifths (4/5) of the City Council must approve the ordinance. Thereafter, the ordinance would remain in effect for 45 days from its adoption (unless earlier repealed, terminated, or extended by the Council).
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions. The City commits the majority of its annual budget to law enforcement and public safety. Fifty-four percent of the City’s annual budget, or $16.2 million a year, goes to supporting law enforcement, code enforcement services, and public safety services.
5 ENVIRONMENTAL IMPACT:
In accordance with the requirements of California Environmental Quality Act (“CEQA”), the project is exempt pursuant to Sections 15378 and Section 15061(b)(3) of the State CEQA Guidelines (Title 14 of the California Code of Regulations).
PUBLIC NOTIFICATION:
Government Code section 65858 allows a city that adopts an ordinance pursuant to that section to forgo any required procedures and noticing associated with the adoption of a zoning ordinance. For increased transparency and notice, the City sent an email notice to all motels and hotels located within the City on December 4, 2023, and mailed notice was sent on December 5, 2023, notifying them of the proposed interim urgency ordinance. Moreover, public notice for this item was also made through the regular agenda process.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
Obj. No. 1: Provide a safe community.
Prepared by: Office of the City Attorney
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:
A. Interim Urgency Ordinance No. 1136
INTERIM URGENCY ORDINANCE NO. 1136
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INTERIM URGENCY ORDINANCE NO. 1136
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA ESTABLISHING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OF ANY NEW PUBLIC LODGING, LODGING FACILITY OR
LODGING BUSINESSES OR USES, AND A TEMPORARY MORATORIUM ON ANY
EXPANSION, ENLARGEMENT, AND/OR ALTERATION OF ANY EXISTING PUBLIC
LODGING, LODGING FACILITY, OR LODGING BUSINESSES OR USES PENDING STUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL
CODE AND ZONING CODE PURSUANT TO GOVERNMENT CODE SECTIONS 65858 AND 36937 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, pursuant to Cal. Const. Art. XI, Sec. 7 and under the City of Stanton’s (“City”) general police powers, the City is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and
WHEREAS, the City protects the health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing and health, and safety regulations on specified commercial activities; and WHEREAS, the City has observed ongoing criminal activity originating from public lodging facilities within the City, leading Orange County Sheriff’s deputies to respond annually to hundreds of calls related to illicit sexual activities, suspected human trafficking, narcotics violations, stolen vehicles, weapon possession, probation and parole violations, burglary, robbery, gang activity, assaults, and assaults with deadly weapons. “Public lodging facilities” encompass hotels, motels, and other similar public lodging facilities; and
WHEREAS, City staff research reveals that, as of November 30, 2023, the Orange County Sheriff’s Department (“OCSD”) responded to at least 443 service calls in 2023 addressing criminal issues at motel establishments within the City. That cumulatively amounts to approximately 480 hours of dedicated law enforcement response; and WHEREAS, on an annual basis, the City spends an estimated $16.2 million on law enforcement and public safety; and
WHEREAS, public lodging facilities where unlawful activities are not curtailed pose substantial and immediate threats to the health, safety, and welfare of the community.
These detrimental effects encompass, among other things: (1) potential harm to patrons arising from criminal acts committed at these locations; (2) injury risks to patrons and employees due to insufficient safety and security standards; and (3) heightened risk of prostitution and human trafficking activities; and
Attachment: A
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INTERIM URGENCY ORDINANCE NO. 1136
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WHEREAS, the impact of criminal activities at public lodging facilities are not confined to the premises alone, but also extend into the broader community and further affect the operations of regional facilities, such as hospitals and correctional facilities; and WHEREAS, portions of the Stanton Municipal Code (“SMC”) contain some regulations to address the negative impacts caused by public lodging facilities. That includes, regulations in Chapter 9.52, business license requirements and transient occupancy taxes pursuant to Chapters 5.04 and 5.12, respectively, of the SMC. However, these provisions need to be comprehensively revised and updated to address the serious conditions at public lodging facilities throughout the City; and WHEREAS, per Government Code Sections 36937 and 65858, the City Council may adopt an Interim Urgency Ordinance to protect the public safety, health, and welfare from an event, occurrence, or set of circumstances; and WHEREAS, City staff, in collaboration with the Sheriff's Department and the City Attorney's office, are conducting research to understand the impacts of public lodging facilities and uses on community welfare and explore potential amendments to the City's regulatory process and zoning codes to protect public health, safety, and welfare and mitigate potential illegalities occurring at these businesses; and WHEREAS, as a result, and in consideration of the staff report, written and verbal public testimony, and the full record before it, the City Council desires to institute a 45-day moratorium to allow staff and the City Council the opportunity to research and select the best course of action for the City’s citizens and the community at large.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The above recitals are true and correct and are incorporated herein by reference.
SECTION 2: The City Council finds that this Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, section 15061(b)(3) that this Interim Urgency Ordinance is nonetheless exempt from the requirements of CEQA. 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.
SECTION 3: The City Council hereby enacts this Interim Urgency Ordinance under Government Code sections 36937 and 65858(a), which allow the City Council to adopt an Interim Urgency Ordinance by not less than a four-fifths vote. Section 65858 allows the City Council to protect the public safety, health, and welfare by prohibiting any use that may be in conflict with a zoning proposal that the City Council, Planning INTERIM URGENCY ORDINANCE NO. 1136
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Commission, or department of the City is considering or studying or intends to study within a reasonable time. The purpose of this Urgency Ordinance is to maintain the status quo while the City evaluates whether and how to regulate the subject uses.
SECTION 4: The City Council hereby directs and orders as follows:
A. During the time that this Interim Urgency Ordinance is in effect, no new Public Lodging, Lodging, or Lodging Facility business, use, or operation may be established in the City;
B. No existing Public Lodging, Lodging, or Lodging Facility business, use, or operation may be authorized or allowed to expand, enlarge, or alter its physical footprint while this Interim Urgency Ordinance is in effect; and C. During the period that this Interim Urgency Ordinance is in effect, the City shall not approve or issue any permit, license, variance, building permit, business license, or any other applicable entitlement, license, permit, or approval for the establishment, expansion, enlargement, or alteration of any Public Lodging, Lodging, or Lodging Facility business, use, or operation within the City as provided in subsection (B), above.
Notwithstanding the foregoing, the City may approve permits, licenses, or similar approvals for ordinary repairs or maintenance.
SECTION 5: The City will continue to accept and process applications for uses prohibited by this moratorium if so required by State law. Any application received and processed during the moratorium shall be processed at the applicant’s sole cost and risk with the understanding that no permit, license, approval or other entitlement for a use covered by Section 4, above, may be issued while this moratorium or any extension of it is in effect.
SECTION 6: This ordinance is adopted under the provisions of Government Code Sections 36937 and 65858, and shall take effect immediately upon its passage by a four-fifths vote of the City Council. The City Council finds that Public Lodging, Lodging and Lodging Facilities where the dangerous and unlawful activities described herein occur pose significant, urgent, and immediate threats to the health, safety and welfare of the community —including, but not limited to, bodily injury to patrons and employees and increased opportunities for crime. Consequently, the City Council finds that this Interim Urgency Ordinance is necessary for the immediate preservation of the public health, safety, and welfare of the community. This interim Urgency Ordinance shall remain in effect for 45 days from its adoption, unless earlier repealed, terminated, or extended.
INTERIM URGENCY ORDINANCE NO. 1136
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SECTION 7: Not less than 10 days prior to the scheduled expiration of this Urgency Ordinance, staff shall issue a report to the City Council on the progress of its study and on determinations for how the City should proceed, insofar as conclusions have been drawn.
SECTION 8: If any provision of this Interim Urgency Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Interim Urgency Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Interim Urgency Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
PASSED, APPROVED, AND ADOPTED this 12th day of December, 2023.
DAVID J. SHAWVER, MAYOR
ATTEST:
PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
INTERIM URGENCY ORDINANCE NO. 1136
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Urgency Ordinance No. 1136 was duly introduced and adopted at a regular meeting of the City Council held on the 12th day of December, 2023, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: December 12, 2023
SUBJECT: SELECTION OF THE CITY’S NEW LOGO, BRANDING AND
MESSAGING
REPORT IN BRIEF:
The purpose of this report is to review outreach results and seek City Council selection of a logo and motto as part of the next phase of the City's Branding & Messaging Project.
RECOMMENDED ACTION:
1. City Council declare this project 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. Select a logo and motto to move forward with the next phase of the branding and messaging project.
BACKGROUND:
At the City Council meeting of September 28, 2021, Council directed the formation of an ad hoc committee comprised of Council Member Warren and Council Member Taylor to guide staff’s efforts to revitalize the City's brand, including the redesign of the City's logo and motto.
The Council allocated $100,000 in American Rescue Plan Act (ARPA) funds to support the City's Rebrand & Implementation Project on September 13, 2022, which was later reallocated to the General Fund. Subsequently, on May 9, 2023, the City awarded a contract to HUB for the comprehensive redesign of the City's logo, branding, and messaging.
Item: 9D
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2 The scope of work includes the following deliverables:
• Brand Assets: Finalized logo designs and template materials. • City Logo (in various colorways)
o Accompanying logos for City departments
o Document templates (letterhead, forms, etc.)
• City Seal (in various colorways)
• City Tagline
• Style Guide: A comprehensive document illustrating the graphic standards and rules for use of the City logos, colors and typography along with design mockups for key materials and guidance for brand applications.
• Wayfinding Signs
• Inventory of current signs
• Design for signs throughout City to match Style Guide • Strategic Communications Plan: A plan to guide Stanton’s communication and community engagement efforts over the next three years. This plan will include a key messaging platform.
HUB proposed the completion of the City’s branding and messaging project through the following phases:
• Phase 1: Research & Brand Strategy
• Phase 2: Brand Messaging Development
• Phase 3: Development of Visual Brand
• Phase 4: Brand Guidelines & Training
• Phase 5: Brand Roll Out
As we are currently in Phases 2 and 3, staff will present community outreach results and recommendations from the ad hoc committee to the Council as a whole for selection to move into the next phase.
ANALYSIS/JUSTIFICATION:
The City plans to achieve the project’s objectives by employing a clear system with easy-to-follow guides for implementation and establish the City as:
o A trusted, experienced service provider;
o A differentiated community from neighboring cities;
o A great place to live, work, play, and raise a family; and o A city with a strong sense of community pride.
3 To gather input from all stakeholders, staff held a public workshop on May 10, 2023, and engaged in a series of meetings with the ad hoc committee and the PIO committee, comprised of members from each City department. Over the past six months, the committees reviewed various iterations of the visual brand and messaging. Based on this feedback, HUB provided six final versions of the logo and two possible mottos. At the recommendation of the ad hoc committee, a community poll was distributed from October 5-17 for the community to vote for a preferred logo and motto.
Based on the results of the poll, the following options were chosen for Council consideration:
Logo Options
Option 1
Option 2
4 Motto Options
Option 1: Rooted in Community, Growing with Pride
Option 2: Community and Connection at the Heart
Option 3: Community Pride and Forward Vision
Staff recommends that the Council select their preferred logo option and motto option.
While the community survey only included the two new motto options, based upon feedback received the PIO Committee has requested that the Council consider the current motto, 'Community Pride and Forward Vision,' as a third option, emphasizing its continued resonance within the community.
Upon selection of the logo, HUB will prepare additional design elements including the City seal, icons, and wayfinding signs. To implement the final branding strategy, staff will prepare an itemized list for the Council to review and prioritize during the Fiscal Year 2024-25 budget study session.
FISCAL IMPACT:
On September 13, 2022, the Council allocated $100,0000 for a City Branding project (Task Code No. 2022-836). Any cost savings will be put towards implementation of the final branding strategy.
ENVIRONMENTAL IMPACT:
None.
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process. 5 Prepared by: Ashley Cain, Community Services Manager
Reviewed by: Zenia Bobadilla, Community Services Director Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
City Council Initiated
Item 12D
Item 12D: “DISCUSSION REGARDING STRENGTHENING THE CITY’S TOBACCO RETAIL LICENSE ORDINANCE”
(This item does not contain a staff report)
Item: 12D
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