Dixie Orange County (“Dixie” or “Motel”), located at 11632 Beach Boulevard (“Property”), was the highest contributor to nuisance activity. Of the seven motels located within Stanton, it has caused the greatest ratio of calls for service from the OCSD for the past three years and the greatest number of calls for 2023 to date.
The Property was developed in 1983 after approval of a Precise Plan of Design and Variance permitted the development and operation of a motel use. It is located on the east side of Beach Blvd., south of Orangewood Avenue and north of Chapman Avenue.
The Property is bordered by a vehicle dealership to the north, motel to the south, and residential uses to the east and across Beach Boulevard to the west.
The Property has operated as a motel for 40 years. However, over time, the continued operation of the use has resulted in increasingly negative impacts to the community. The premises are a public nuisance that drain vital community resources. In the past year, City administration and staff have worked to address the adverse conditions with the current owner in a series of meetings and correspondence. Despite that coordination, the Property conditions have only further degraded, and the Motel management has demonstrated that it is unable or unwilling to alleviate the substantial nuisances.
Therefore, City staff recommends that the Planning Commission consider the matter and follow the process established in the Municipal Code to revoke the original approval for development and operation of the Motel.
ANALYSIS/JUSTIFICATION
The Motel’s construction and use were originally approved by the Planning Commission through a Precise Plan of Design (“PPD”)1 and Variance on October 6, 1982. The original application sought approval for the development and operation of a 67-room motel use on the subject property that was proposed to be constructed in two phases. Ultimately, only the first phase of the project was approved and developed, and the subject site has operated as a 36-room motel since its inception. The subject site has had three operators in its 40-year history: Howard Johnson from 1983-2015, Knight’s Inn from 2016-2017, and the Dixie Orange County from 2018 to the present.
A. Extensive Criminal Activity and Public Nuisances Occur at the Property and Conditions are Worsening
In the past five years since the current Property Owner, California One Hospitality, LLC, represented by Deepa Patel, (“Owner”) took ownership of the Motel, the number of law enforcement calls relating to the Property have increased at an alarming rate. City staff worked with the OCSD Public Records Act Division to quantify the number of calls for service as well as the type/level of calls for service.
Specifically, the City requested OCSD data on calls for service related to Stanton motels 1 A “precise plan of design” is now referred to as a “site plan and design review” in the current Stanton Municipal Code (See SMC § 16.72.010; and Ch. 20.530).
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over the past five years. The data demonstrates:
• During that time, the calls for service related to the Dixie have significantly increased, from 47 calls in 2019 to 172 calls in 2023 (through November 2023), an increase of 266 percent; and
• Over the past five years, the Dixie had the highest ratio of calls for service to number of rooms amongst all Stanton motels at 12.3 calls for service per guest room. The only other motel with a double-digit ratio was the former Riviera Motel, which reported 11 calls for service per guest room. The Riviera Motel has since transitioned into a Project Homekey development.
Additionally, the majority of motels have either maintained or decreased their number of calls for service every year, as well as their ratio of calls for service. The exception is the Dixie, which has experienced significant increases. As a matter of comparison, the Villa Motel is located immediately adjacent to the Dixie on the south but has significantly lower numbers of calls for service and has shown a decrease in the five-year assessment.
Similarly, the Starlight Motel, which operates 32 guest rooms, is located two properties south of the Dixie and has an even lower number of calls for service with a range of 9 to 16 calls per year.
Table 1. OCSD Calls for Service to Stanton Motels
(as of November 30, 2023)
In the following charts, the calls for services at the Dixie are identified by the red hashed line. That line illustrates how the Dixie is an outlier due to its increasing calls for service. 12/20/23
Chart 1. OCSD Calls for Service to Stanton Motels
(as of November 30, 2023)
Chart 2. OCSD Ratio of Calls for Service to Stanton Motels (as of November 30, 2023)
0 50
100
150
200
250
300
350
2019 2020 2021 2022 2023 - to date
Chester Inn Dixie Hotel Jade Palace Motel 6
Casa Playa Riviera Motel* Stanton Inn* Starlight
Tahiti Motel* Villa Motel
0.0 0.5
1.0 1.5
2.0 2.5
3.0 3.5
4.0 4.5
2019 2020 2021 2022 2023
Chester Inn Dixie Hotel Jade Palace Motel 6 Casa Playa
Riviera Motel* Stanton Inn* Starlight Tahiti Motel* Villa Motel 12/20/23
The types of calls for service at the Dixie go well beyond the common disturbances typically associated with motels (Table 2). The call types include assault with a deadly weapon, carjacking, shots heard, robbery in progress, battery, prostitution, and “investigate dead body.” The following are some examples of the calls that the City and its law enforcement have received:
• Disturbance. On May 7, 2020, the Motel owner called law enforcement about a male who keeps bringing “tweakers” into his room and disobeying policy about unauthorized guests.
• Investigate dead body. On February 9, 2021, Orange County Fire Authority arrived at the Motel parking lot to investigate a report of an unconscious male.
The individual was pronounced dead.
• Assault with deadly weapon. On March 5, 2021, there was a report regarding a Motel guest who was walking his dog when another Motel guest got out of his vehicle and struck the man five- to six times with a bat, causing injury to the front and back of his head. The report provides that “Dixie cameras do not record,” which implies that security measures at the Motel are not effective. • Investigate dead body. On April 22, 2021, law enforcement responded to a report of a person who was not breathing in a Motel room. On arrival, OCSD deputies performed CPR on the individual and gave him Narcan due to a report that the individual took fentanyl. The man was eventually pronounced deceased. • Suspicious person/circumstances. On November 18, 2021, a woman reported from the Motel that she was subject to some kind of sex trafficking. The caller said she did not feel safe, someone was “making a lottery” on her, and that someone was going to take her away.
• Disturbance. On August 24, 2022, a call was received from an alleged Motel guest who claimed that he could not leave his room because there were so many people outside in the hallway doing drugs.
• Weapons violation. On August 30, 2022, a suspect was detained at the Motel and patted down for weapons. Law enforcement found a stolen handgun in his waistband.
• Suspicious person/circumstances. On December 10, 2022, a female called and reported that a male had touched her genitals at the Motel. • Disturbance. On March 12, 2023, there was a report regarding a dispute between a prostitute and another individual over sexually illicit services. The reporting party stated that a male was going room to room looking for the female and threatening to kill her.
• Robbery report. On April 8, 2023, a woman reported that while she was walking to her room at the Dixie, a man threatened her with a three-inch knife, demanded her wallet, and then stabbed her and ran away with her wallet. • Disturbance. On April 25, 2023, a woman called law enforcement claiming that there was a man in the Motel who was threatening to shoot her with a gun after he gave her money for sex and she refused.
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• Use of pipe bomb. On May 11, 2023, there was a call regarding an individual with a pipe bomb. The suspect was apprehended, prosecuted, and pled guilty in June 2023 to attempting to set fire and burn one of the buildings at the Dixie with a “flammable and combustible incendiary device.” (See People v. Domville, Orange County Superior Court Case No. 23WF1522.)
• Suspicious person in vehicle. On May 12, 2023, there was a report that two individuals were sitting in a vehicle parked in the Dixie parking lot who were doing drugs. The report was that they had been there for hours with other vehicles pulling up and getting things from them.
• Assault with deadly weapon report. On June 8, 2023, a woman reported that while she was at the Dixie, a male went up to her room and tried to hit her across her face with a gun.
• Suspicious person/circumstances. On July 7, 2023, a woman reported that her pimp had forced her friend into his vehicle at the Dixie and driven off. • Disturbance. On July 27, 2023, there was a report about a woman who had fentanyl in her pockets and was trying to sell the illicit narcotics to other Dixie motel guests.
• Suspicious person in vehicle. On August 29, 2023, a call was received regarding an individual bleeding from the ribs, unconscious, and not breathing at the Dixie.
The victim was transported to UCI Medical Center and later reported that he was involved in an altercation at the Motel and stabbed in the chest.
Some of the illicit narcotics that have been found at the Dixie include black tar heroin, cocaine, methamphetamine, and amphetamine pills. Some of the large quantities of drugs that have been found at the Property support that they are possessed for sale and not for personal use.
As demonstrated, the crimes are significant and a severe and immediate threat to Dixie employees and guests, as well as City residents, visitors, and businesses.
Table 2. OCSD Call Types for Dixie
(as of November 30, 2023)
Call Types
Narcotic Violation Brandishing a Weapon Report Medical Aid Suspicious Vehicle Marijuana Violation Assault w/Deadly Weapon Petty Theft Keep the Peace Resisting Arrest Investigate Person Down Stolen Vehicle Traffic Hazard Robbery in Progress Disturbance – Music or Party Warrant Arrest Unknown Trouble Robbery Report Disturbance–Family Dispute ID Theft Found Property Carjacking Report Disturbance–Mechanical Trespassing Property Destruction Information Report Receiving Stolen Property Disturbance Assist Outside Agency Domestic Battery Suspicious Person in Vehicle 911 Hang Up Citizen Assist Burglary in Progress Vandalism in Progress Welfare Check Pedestrian Check Hit & Run – Felony Hit & Run – Misdemeanor Shots Heard Domestic Verbal Only Grand Theft Report Hit & Run – Parked Car Bike Stop Follow Up Reports Stolen Vehicle Located Disorderly Conduct – Prostitution Battery Weapons Violation 12/20/23
Illegal Parked Vehicle Suspicious Person/Circumstances Missing Adult Investigate Dead Body The frequency of calls for service, combined with the severity and significance of the types of calls, then translate into increased arrests and citations, resulting in a 183 percent increase in arrests and a 600 percent increase in citations over the past five years.
Table 3. OCSD Arrests and Citations for Dixie
(as of November 30, 2023)
Arrests Citations
2019 6 2
2020 16 2
2021 3 1
2022 11 6
2023 17 14
The data above was provided in an external memo from the Orange County Sheriff’s Department dated November 17, 2023 (See Attachment B). Since then, staff requested the latest calls for service data through November 30, 2023, which was then included in the tables and charts above. The illicit activity at the site is an incredible drain on City resources. The City commits the majority of its 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 and code enforcement services. Calls for service at the Dixie have resulted in an increase of almost 200 percent in consumed police time, from 59 hours in 2019 to 175+ hours in 2023. Those hours do not reflect the hours spent by City administration and staff dealing with the code enforcement issues at the property.
The types of illegal and illicit activities have even drawn the attention of local groups. The picture, below, was taken by a resident of Hynes Estates, a residential neighborhood adjacent to the Dixie, during a protest in the Dixie parking lot on October 14, 2023. It depicts a group from Northeast of the Well, which has a focus on prostitution and human sex trafficking. (See https://www.northeastofthewell.org.) 12/20/23
The pictures below are from the Meta (formerly known as Facebook) page of Northeast of the Well advertising the Human/Sex Trafficking Awareness March that culminated in the parking lot of the Dixie.
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The number of calls for service, along with the severity and type of calls, are a danger to those in the immediate area and the entire community. The subject site has become a known public nuisance that attracts illicit and illegal activities and requires immediate corrective action. However, the property owner and the property manager have not taken sufficient action to alleviate the current conditions on the property.
B. Extensive Emergency Medical Services Activity and Public Nuisances Occur at the Property and Conditions are Worsening
In the past five years since the current Property Owner took ownership of the Motel, the number of emergency medical services calls relating to the Property have increased at an alarming rate. City staff worked with the Orange County Fire Authority (“OCFA”) to quantify the number of calls for service as well as the type/level of calls for service.
Specifically, the City requested OCFA data on calls for service related to Stanton motels over the past five years. The data demonstrates:
• During that time, the calls for service related to the Dixie have significantly increased, from 6 calls in 2019 to 38 calls in 2023 (through December 13, 2023), an increase of 533 percent; and
• In 2023, the Dixie had the highest ratio of calls for service to number of rooms 12/20/23
amongst all Stanton motels at 1.05 calls for service per guest room. And the number of calls in 2023 at the Dixie equals the same number of calls at Motel 6, which has 6x the number of rooms.
• The types of calls for service at the Dixie are contrary to the advancement of public safety, health, and welfare.
As a matter of comparison, the Villa Motel is located immediately adjacent to the Dixie on the south but has significantly lower numbers of calls for service with a range of 8 to 17 calls per year. Similarly, the Starlight Motel, which operates 32 guest rooms, is located two properties south of the Dixie and has an even lower number of calls for service with a range of 4 to 9 calls per year.
Table 4. OCFA Calls for Service to Stanton Motels
(as of December 13, 2023)
Calls for Service
Chester
Inn
Dixie
Hotel
Jade
Palace
Motel
6 Casa
Playa Starlight
Villa
Motel
Calls for
Service
2019 2 6 3 57 1 6 14
2020 2 7 2 61 4 9 11
2021 3 16 10 44 3 7 17
2022 10 15 6 44 6 9 14
2023 – to date 8 38 4 38 7 4 8
TOTAL 25 82 25 244 21 35 64
Calls for
Service/#
of
Rooms
Rooms 24 36 29 206 28 32 25
2019 0.1 0.2 0.1 0.3 0.0 0.2 0.6
2020 0.1 0.2 0.1 0.3 0.1 0.3 0.4
2021 0.1 0.4 0.3 0.2 0.1 0.2 0.7
2022 0.4 0.4 0.2 0.2 0.2 0.3 0.6
2023 0.3 1.1 0.1 0.2 0.3 0.1 0.3
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Chart 3. OCFA Calls for Service to Stanton Motels
(as of December 13, 2023)
Chart 4. OCFA Ratio of Calls for Service to Stanton Motels (as of December 13, 2023)
0 10
20 30
40 50
60 70
2019 2020 2021 2022 2023 - to date
Chester Inn Dixie Hotel Jade Palace Motel 6
Casa Playa Starlight Villa Motel
0.0 0.2
0.4 0.6
0.8 1.0
1.2 2019 2020 2021 2022 2023
Chester Inn Dixie Hotel Jade Palace Motel 6
Casa Playa Starlight Villa Motel
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Table 5. OCFA Call Types for Dixie for 2023
(as of December 13, 2023)
Call Types # of Incidents
Trauma/Assault/Bleeding 10
Overdose/Drugs 6
Chest Pain/Cardiac Arrest 5
Unconscious/Unknown 5
Unknown Medical Aid 5
Back Pain 2
Seizure 2
Behavior/Suicide 1
Fall 1
Respiratory 1
TOTAL 38
C. Notice to the Property Owner and Management of the Severe Public Nuisances and the City’s Year-Long Effort at Gaining Compliance at the Property The City acknowledges that the Property has long been established as a motel use. It also recognizes that the consequences of revoking a PPDR are serious. The Stanton Municipal Code provides, “The City’s action to revoke a permit or approval, instead of modification, shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval.” (SMC § 20.630.030.) The PPDR granted the property owner (and subsequent owners) the “privilege” of operating a motel at the subject site. Thus, if a PPDR revocation was approved, it would result in no public lodging business being able to operate at the property.
In this context, it is important to note that the City has worked with the Property Owner for nearly a year in an effort to stem the grave nuisances at the property. Despite those efforts, illegal activity at the Property has only worsened and increased, as discussed, above. Initially, the Owner and management signaled cooperation with the City, but over time, they indicated that they are either unwilling or unable to address the problems.
The City first connected with the current Property owner’s representative, Deepa Patel, when the Owner submitted an application to the City to expand the Motel in July 2022.
The application, which initially proposed 18 additional guest rooms, is not yet complete and is not before the Planning Commission for its consideration. This report does not discuss the application in detail. To the extent the application is referenced, it is to provide the Planning Commission with information about nuisance activity and security issues that were raised by the City to the owner concurrently as the application has been processed.
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When the Property Owner submitted the application, the City approached it as an opportunity to partner with the owner to address the serious nuisance activities at the property. In each of the incomplete letters that the City sent to the owner’s representative, the City raised concerns about public safety. A recurring comment was, “The existing motel on the property has experienced a high volume of specific calls for service that demonstrate the ongoing public safety issues on the property.” (See Attachment E.2.) After the Owner’s second incomplete application submittal, the City initiated a meeting with the Property Owner that took place on February 21, 2023. At the February meeting, Ms. Patel was informed of the high frequency of calls for service and the burden that the nuisance activity on the site was having on the City’s public safety resources. In response, the Property Owner indicated certain actions would be taken to deter the nuisance activity on the subject site, as memorialized in an email dated March 13, 2023 (See Attachment C.1.) The actions included:
• Add parking lot lighting;
• Close off hidden areas of the parking lot;
• Register all guest vehicles in the Anand Systems Inc. (ASI) FrontDesk Property Management System;
• Provide dated parking permits to all registered guest vehicles; • Procure the services of a towing company to conduct daily tows of unregistered vehicles;
• Register all customers and require a valid ID to be logged; and • Decline to provide services to guests engaged in prostitution or drug dealing, as memorialized in a letter dated February 24, 2023 (See Attachment C.1.a) from COH LLC (Deepa Patel) to Megha Hospitality LLC (Suresh Ahir) provided to the City in the previously referenced email dated March 13, 2023.
The commitments focused on the parking lot, in part, because poorly-lit, obscured areas are recognized as magnets for illegal activities. A vehicle registration system is a common practice at public lodging businesses to, among other things, control who may use the business’s parking facilities.
In correspondence dated April 25, 2023 (See Attachment C.2), the City Manager sent an email to Ms. Patel acknowledging that multiple City staff members had visited the Property over the prior few weeks and agreed the physical improvements by management had made a positive impact to the property. In the same email, the City Manager noted that a City staff member had reported on a recent visit that there were no parking permits on display in vehicles parked in the lot. The City Manager requested confirmation that the permit system was being utilized and asked for the number of tows that had occurred since March 13, 2023.
In an email dated June 1, 2023 (See Attachment C.3), the Property Owner noted that a tow company had been procured to conduct random visits to the Dixie between the hours 12/20/23
of 4 p.m. – 6 p.m. and 8 p.m. – 10 p.m. to tow any cars without a permit. The Property Owner also noted that additional signage would be installed to inform guests a permit would be required to park in the parking lot.
Unfortunately, as the months progressed, nuisance activities did not cease at the Dixie.
During this time, there were a number of especially concerning calls for service. One related to an armed robbery and one related to a pipe bomb. As a courtesy, the City Manager called and left a voicemail for the Property Owner to make sure she was aware of the recent calls for service. In response, the Owner sent an email to the City Manager, dated June 27, 2023, expressing that she and management were unable to alleviate the Motel’s nuisance conditions. In the correspondence, she compared the Motel operations to a retail store open to the general public. She indicated both uses “have no control over who walks thru those doors and what these people do.” (See Attachment C.4.) However, unlike a retail store, motel premises are only for use by patrons who have properly registered and paid for use of a guest room and related amenities. For this reason, onsite security, vehicle registration programs, and regular monitoring of the parking lot and grounds are crucial components of operating a motel and deterring crime.
In the same June 27 email, the Owner took issue with the City’s request for a security plan. City staff provided the owner’s representative a template (See Attachment F) to fill that asked for basic things like, “Will there be on site security? If not, what measures are taken to monitor activity or prevent detrimental activity on site?” In response the Owner wrote back, “We are being asked for things that no other city has asked for. Security plans?” (Ibid.) However, these discussions were a reasonable outgrowth based on the substantial nuisance conditions that occur on a regular basis at the Motel. Having a security plan helps safeguard the property and public from crime.
In a verbal update to the City Manager, the City’s Crime Prevention Specialist shared that during a meeting between her and the Property Owner on August 17, 2023, the Owner admitted to the OCSD representative that she felt scared being at the Motel due to the nuisance conditions and was anxious to leave the premises.
During a phone call with the Property Owner and Motel management on August 31, 2023, the City Manager brought up the continuing nuisance issues at the site. The conversation covered issues including:
• An incident from 6-8 weeks prior in which OCSD had to be called on-site to forcibly enter a room;
• An incident from earlier in the week regarding a male who had been stabbed on the premises, did not report the incident at the time, and the next day went to the hospital; and
• Continued complaints from neighboring property owners regarding noise at all hours.
The City Manager also brought up, again, that on a recent inspection, staff had observed there were no parking permits on display in vehicles parked in the motel lot. The Property 12/20/23
Owner responded that the feedback was untrue and questioned the accuracy and validity of City staff’s observations.
Following the phone call, the City Manager visited the property along with Code Enforcement staff on September 7, 2023, between approximately 8:30 a.m. – 9:30 a.m.
Upon arrival, the lobby was closed, so the City Manager rang the night bell. She introduced herself to the manager who had also participated in the August 31, 2023 phone call. She noted to the manager that she would be checking for properly registered vehicles. The motel manager confirmed that all cars in the lot were registered.
The City Manager and Code Enforcement staff then walked the parking lot and observed 26 vehicles and took photographs of all 26. Only five vehicles were properly registered.
During the site visit, a male guest came out of his room and asked the City Manager what she was doing. Upon hearing she was checking vehicle registrations, he stated that he had been staying there for a few weeks, and although he had been told he should register, no one had ever made him and his car had never been towed.
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The City Manager then sent an email to the property owner along with the photos on September 7, 2023 (See Attachment C.5.) She also documented the following in the email from the site visit:
• During the visit, a gray van was in the parking lot with two people who appeared to be sleeping inside. A woman exited the van, pulled down her underwear, and began to urinate in the parking lot.
• During the visit, staff observed a prone body at the top of the staircase. Upon closer inspection, staff determined it was a man and there was dried blood and flies on his face. Staff attempted to rouse the man, and after the third try they were successful. The man was observed to be clearly intoxicated and had difficulty responding. Staff offered services, such as shelter, and the man declined and left the property.
• The trash bin was overflowing.
Overflowing Trash Bin – September 7, 2023
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The Property Owner sent an email response on September 12, 2023 to the City Manager (See Attachment C.6.) The email stated the following:
• She had visited the property on September 11, 2023, and had figured out some of the obstacles.
• She met with the City’s Crime Prevention Specialist on site. • She planned to have a gate installed.
• She would be visiting the property on a weekly basis indefinitely to improve the aesthetics, safety, and training.
The Property Owner sent a second response on September 13, 2023 to the City Manager.
She wrote, among other things, “I went to the property and it was a shit show of drugs[,] homeless[,] and prostitution. …Once it’s all cleaned up and in better shape. I’m going to ask the city manager again to push the project forward and if she doesn’t at the point then I will send the legal letter, but as of now from what I saw it does look like a nuisance.” (See Attachment C.7)
The Property Owner did attempt to implement a suggestion made by law enforcement to enhance security by installing a gate at the front entrance to control ingress and egress.
However, the gate was illegally installed without obtaining the required building permit or inspection by the Orange County Fire Authority and posed a danger to the community due to lack of egress for emergency and other vehicles.
Upon discovering the unpermitted gate installation, Code Enforcement informed the Motel operator that the gate must be immediately removed. That same day, the Property owner contacted OCSD, which confirmed that permits were required to install the gate. Despite the directive to immediately remove the gate, Code Enforcement confirmed five days later that the gate remained, and administrative citations were issued. The Property Owner finally removed the gate more than a week after Code Enforcement directed that it be removed. The Property owner appealed the administrative citation arguing, among other things, that it was the City’s responsibility, from the beginning, to inform her that she needed a permit. The City disputed that and noted that all property owners are tasked with knowing the law. On December 8, 2023, a hearing officer upheld the administrative citations and order. (See Attachment D)
On November 9, 2023, the City staff sent a fifth letter to the owner’s representative noting that their application for an expansion continued to be incomplete (See Attachment E.5.) In relevant part, it noted:
“***No security plan provided in the latest submittal.
The project site has a high volume of calls for service that Stanton Police Services has responded to. The calls for service range from prostitution, narcotics violations, stolen vehicles, weapon possession, probation/parole violations, burglary, robbery, gang activity, assaults, assaults with deadly 12/20/23
weapons, etc. Additional numerous arrests and citations have been made and given, around, out front, and coming from this motel. For that reason, the application must provide a remediation and security plan that address site safety concerns.” (Correspondence from City to Saeed Kamkar, dated November 9, 2023.)
The record demonstrates that the City has repeatedly raised concerns regarding the criminal activities and nuisance conditions on the property for nearly a year. In good faith, the City initially partnered with the Owner in hopes that the Owner and its management could address the issues. However, over time, the Owner and its management have demonstrated that they are unable or unwilling to do so, despite the Owner expressly acknowledging that the Motel is a public nuisance.
D. There are grounds to revoke the PPDR under the Stanton Municipal Code The Municipal Code has established procedures for revocation of previously approved permits or approvals in SMC Section 20.630. Among other things, it requires notice and a hearing, which the City has satisfied.
SMC 20.630.050 specifies that a City planning permit or approval may be revoked by the review authority that originally approved the permit if any one of seven potential findings can be made. The Planning Commission was the original review authority that approved Resolution 859 which granted the original approval of the Precise Plan of Design for the development and use of a motel.
The City has assessed the current conditions on the subject site and its five-year history and has determined that the following four findings can be made to support revocation of Resolution 859 pursuant to SMC Section 20.630.050. The findings are as follows:
(A)(1) Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the modification or revocation;
(A)(3) One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated;
(A)(6) An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or (A)(7) The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
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The original approval was granted in 1983, and circumstances have changed since its initial development and operation to the extent that the findings that justified the original approval can no longer be made. Moreover, the public health, safety, and welfare require the revocation. The business operations under the current ownership have been rife with crime and public nuisances. The numerous and increasing number of calls for service show a considerable increase in criminal activity on the motel property which the current owner and management have been unable or unwilling to continuously correct. The Precise Plan of Design approved the development and operations of a motel use which has progressively morphed into a public nuisance. The subject site has become an attractive venue for nuisance activity which is a significant drain on City and law enforcement resources and causes unsafe conditions that are a threat to the public health, safety, and welfare.
The subject site has failed to comply with conditions placed upon it through its original approval for development and use of a motel. Condition 2(a) of Resolution 859, requires that all applicable requirements of the Stanton Municipal Code be met. Additionally, Condition 2, which provides that the failure to abide and comply with all conditions and provisions of the Municipal Code constitutes grounds for revocation. The property has failed to maintain the registration, sanitary, and security provisions required by Stanton Municipal Code (SMC) Chapter 9.52. Additionally, SMC 9.16.020 establishes that it is unlawful and declared to be a public nuisance when a property owner or lessee maintains a property in a manner where people engage in two or more acts which are prohibited pursuant to the laws of the state of California including possession of controlled substances, prostitution, gambling, or solicitation for unlawful conduct. As shown in Sections A and B of this report, the subject site has been maintained in a manner that continues to increasingly attract unlawful activity and operates as a public nuisance.
The City of Stanton continuously seeks to find a balance between supporting its businesses and protecting the community from negative impacts and nuisance behavior.
In this case, all available data shows that the subject site has become a public nuisance and current ownership has not shown consistent efforts to secure the property or deter nuisance activity on the property. The current state of the subject site requires immediate corrective action which the current property owner has not been able to consistently implement. The City of Stanton cannot continue to allow the degradation of the property, the negative impacts on the community, and the drain on public safety resources. The conditions of and operation of the motel use have significantly changed from its original approval in 1983 and must now be revoked to terminate the privilege of operating a motel at the subject site.
ENVIRONMENTAL ANALYSIS
The proposed revocation is Exempt by Statute from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) 12/20/23
Guidelines, Section 15270 (Projects Which Are Disapproved). This section specifies that CEQA does not apply to projects which a public agency disapproves. The recommended action is the revocation of an existing approval to cease nuisance activity which has negatively impacted the surrounding community.
PUBLIC NOTIFICATION
Notice of the Public Hearing was emailed and mailed to the Property owner on December 7, 2023, and also provided to property owners within a 500-foot radius of the property on December 7, 2023. A Public Hearing notice was also published in the Orange County Register on December 9, 2023 and made public through the agenda-posting process.
Further, though it was not legally required, an additional notice was mailed to the Property Owner and its management on December 9, 2023 to provide more detailed grounds for why the PPDR was being recommended to the Planning Commission for revocation.
Prepared by,
_________________________
Crystal Landavazo
Community and Economic Development Director
ATTACHMENTS
A. Draft Resolution No. 2562
B. Orange County Sheriff's Department Memo, dated November 17, 2023 C. Email Correspondence
1. March 13, 2023
a. Ack Letter 2022
b. Lighting Photos 1-5
c. Dixie Hollywood Story
d. Dixie OC License Plate
e. Parking Permit Dixie OC
f. Towing Authorization Dixie OC 2022
g. Towing Dixie OC 2022
2. April 25, 2023
3. June 1, 2023
4. June 27, 2023
5. September 7, 2023
a. Site Visit Photos
6. September 12, 2023
7. September 13, 2023
D. CA Hospitality One vs Stanton Decision, December 8, 2023 12/20/23
E. Letters of Incomplete Filing for Expansion Application a. August 22, 2023
b. February 16, 2023
c. May 17, 2023
d. September 5, 2023
e. November 9, 2023
F. Security Plan Template
G. Planning Commission Resolution 859
H. Precise Plan of Design, 1983 Approval for Motel Use
I. 1981 Stanton Municipal Code Chapter 20.92
Resolution No. 2562
Page No. 1
RESOLUTION NO. 2562
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF STANTON REVOKING RESOLUTION NO. 859 AND REVOKING PRECISE PLAN OF DESIGN 435
FOR THE DEVELOPMENT AND OPERATION OF A PUBLIC LODGING/MOTEL USE ON THE PROPERTY LOCATED AT 11632 BEACH BOULEVARD IN THE GENERAL MIXEDUSE OVERLAY/COMMERCIAL GENERAL (CG) ZONE, DUE TO SIGNIFICANT
NEGATIVE IMPACTS CAUSED BY THE OPERATION OF THE PUBLIC
LODGING/MOTEL USE AND MAKING A FINDING OF EXEMPTION FROM CEQA
THE PLANNING COMMISSION OF THE CITY OF STANTON DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, on December 20, 2023, the Planning Commission of the City of Stanton (“City”) conducted a duly noticed public hearing concerning the revocation of Resolution No. 859, which approved Precise Plan of Design (PPD) P-435 located at 11632 Beach Boulevard in the General Mixed-Use Overlay/Commercial General (CG) Zone (the Property”); and
WHEREAS, the Property has operated as a motel use since its development in 1983 and has changed ownership on at least two occasions, with the subject site currently operating under the business name of Dixie Orange County Hotel (“Dixie” or “Motel”) and owned by California One Hospitality, LLC, who has been represented by Deepa Patel, (the “Owner”); and
WHEREAS, an assessment of Orange County Sheriff’s Department (OCSD) data was conducted to review the calls for service generated by 10 motels within the City and resulting data showed that the Dixie Orange County Hotel generated the highest ratio of calls per guest room; and
WHEREAS, during the five-year assessment period from the Orange County Sheriff’s Department from 2019 to 2023, the Dixie Orange County Hotel increased the number of calls for service every year from 47 calls in 2019 to 172 calls in 2023 through November 30, 2023; and
WHEREAS, the criminal activity that generated these calls for service include narcotic violations, assault with a deadly weapon, warrant arrest, prostitution, shots heard, investigate dead body, amongst several others and reflect the severity of the public nuisance that has been created through the operation of the motel use on the subject property; and
WHEREAS, data provided by the Orange County Sheriff’s Department identifies an 183 percent increase in total arrests and citations between 2019 and November 2023; and WHEREAS, an assessment of Orange County Fire Authority (OCFA) data was conducted to review the calls for service generated by 7 motels within the City during the five-year assessment period from 2019 to 2023, the Dixie Orange County Hotel increased the number of calls for emergency medical service every year from 6 calls in 2019 to 38 calls in 2023 through December 13, 2023, a 533 percent increase; and Attachment: L
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Resolution No. 2562
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WHEREAS, the emergency activity that generated these calls for service include trauma, assault, bleeding, overdose, drugs, chest pain/cardiac arrest, and unconsciousness, amongst several others and reflect the severity of the public nuisance that has been created through the operation of the motel use on the subject property; and WHEREAS, the Property has operated as a motel for 40 years. However, over time, the continued operation of the use has resulted in increasingly negative impacts to the community. The premises are a public nuisance that drain vital community resources. In the past year, City administration and staff have worked to address the adverse conditions with the current owner in a series of meetings and correspondence. Despite that coordination, the Property conditions have only further degraded, and the Motel management has demonstrated that it is unable or unwilling to alleviate the substantial nuisances. The calls for service include assault with a deadly weapon, carjacking, shots heard, robbery in progress, battery, prostitution, and investigation of dead bodies; and WHEREAS, the Property Owner has failed to provide consistent effort to implement programs and security measures that would safeguard the property from continued criminal activity and nuisance behavior, as detailed in the staff report related to this resolution; and WHEREAS, two motels operating in close proximity to the subject site have significantly lower ratios of calls for service and calls for emergency service and have both shown an overall reduction of calls for service in the five year assessment period from 2019 to 2023; and
WHEREAS, Planning Commission Resolution 859, which originally approved the development and operation of the motel use on the subject site, established Condition 2.a. which established that failure to comply with all applicable provisions of the Municipal Code is grounds for revocation. However, the Property Owner has failed to maintain the registration, sanitary, and security provisions required by the Stanton Municipal Code Section 9.52; and
WHEREAS, Stanton Municipal Code Section 9.16.020 establishes that it is unlawful and declared to be a public nuisance when a property owner or lessee maintains a property in a manner where people engage in two or more acts which are prohibited pursuant to the laws of the state of California including possession of controlled substances, prostitution, gambling, or solicitation for unlawful conduct. Data provided by the Orange County Sheriff’s Department has shown that the subject site is maintained in this manner and is thus designated as a public nuisance as defined by the Stanton Municipal Code; and WHEREAS, even the property owner agrees that the current use is a public nuisance. In correspondence to the City Manager dated September 13, 2023, the property owner wrote, among other things, , “I went to the property and it was a shit show of drugs[,] homeless[,] and prostitution. …[A]s of now from what I saw it does look like a nuisance.” However, nuisance activity has continued to occur on the property; and WHEREAS, a “precise plan of design” is now referred to as a “site plan and design review” in the current Stanton Municipal Code (See SMC § 16.72.010; and Ch. 20.530). Stanton Resolution No. 2562
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Municipal Code Section 20.630 establishes a revocation procedure for previously approved permits or approvals and specifies that the City’s action to revoke a permit or approval shall have the effect of terminating the permit approval and denying the privileges granted by the original approval; and
WHEREAS, the Planning Commission has carefully considered all pertinent written and verbal testimony and information contained in the Staff report prepared for this application as presented at the public hearing; and
WHEREAS, the proposed revocation is Exempt by Statute from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15270 (Projects Which Are Disapproved). This section specifies that CEQA does not apply to projects which a public agency disapproves. The recommended action is the revocation of an existing approval to cease nuisance activity which has negatively impacted the surrounding community; and WHEREAS, all legal prerequisites have occurred prior to adoption of this resolution.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF STANTON DOES HEREBY FIND:
SECTION 1: The foregoing recitals are true and correct and are incorporated herein by reference.
SECTION 2: The proposed revocation is Exempt by Statute from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15270 (Projects Which Are Disapproved). This section specifies that CEQA does not apply to projects which a public agency disapproves. The action is to revoke an existing approval to cease nuisance activity which has negatively impacted the surrounding community.
SECTION 3: That in accordance with the findings as set forth in Chapter 20.635.050(A)(1), (3), (6), and (7), respectively, of the Stanton Municipal Code (“SMC”):
A. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the modification or revocation.
Former SMC Section 20.92.010, which existed at the time the original PPD 435 was approved, provided the “purpose” of a precise plan of design to, among other things, “…to accomplish…enjoyment of property in any zone while at the same time imposing a uniformity and regulation and restriction to protect the use and enjoyment of surrounding properties….” Moreover, former SMC Section 20.92.050 provides that grounds for rejecting a proposed PPD was, in relevant part, “If the precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would adversely affect the public peace, health, safety or general welfare to a degree greater than that generally permitted by Resolution No. 2562
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this title, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove the said objections.” In the original approval, the City’s police services raised no concerns about the public health, safety, and welfare related to the approval of PPD-435.
However, the operations on the Property have altered in a manner such that the original findings can no longer be made. The surrounding properties have been and are being detrimentally affected by the Motel use, and the public peace, safety, and general welfare has been adversely affected to a degree greater than permitted by the Stanton Municipal Code. The criminal nuisance activity has progressively increased over the last five years and resulted in increased calls for service from the Orange County Sheriff’s Department, from 47 calls in 2019 to 172 calls in 2023 (through November 2023), an increase of 266 percent. Moreover, over the past five years, the Dixie had the highest ratio of calls for service to number of rooms amongst all Stanton motels at 12.3 calls for service per guest room.
The types of calls for service at the Dixie go well beyond the common disturbances typically associated with motels. The call types include assault with a deadly weapon, carjacking, shots heard, robbery in progress, battery, prostitution, and investigate dead body. Some of the illicit narcotics that have been found at the Dixie include black tar heroin, cocaine, methamphetamine, and amphetamine pills. Some of the large quantities of drugs that have been found at the Property (i.e., 400 amphetamine pills and a half pound of methamphetamine) suggest that they are for dealing, not just for personal use. Just in May 2023, Orange County Sheriff’s Department received an emergency call regarding an individual with a pipe bomb. The suspect was apprehended, prosecuted, and plead guilty in June 2023 of attempting to set fire and burn one of the buildings at the Dixie with a “flammable and combustible incendiary device.” (See People v. Domville, Orange County Superior Court Case No. 23WF1522.) The following are additional examples of the types of calls that the City and its law enforcement have received:
• Disturbance. On May 7, 2020, the Motel owner called law enforcement about a male who keeps bringing “tweakers” into his room and disobeying policy about unauthorized guests.
• Investigate dead body. On February 9, 2021, Orange County Fire Authority arrived at the Motel parking lot to investigate a report of an unconscious male. The individual was pronounced dead.
• Assault with deadly weapon. On March 5, 2021, there was a report regarding a Motel guest who was walking his dog when another Motel guest got out of his vehicle and struck the man five- to six times with a bat, causing injury to the front and back of his head. The report provides that “Dixie cameras do not record,” which implies that security measures at the Motel are not effective. • Investigate dead body. On April 22, 2021, law enforcement responded to a report of a person who was not breathing in a Motel room. On arrival, OCSD deputies performed CPR on the individual and gave him Narcan due to a report that the individual took fentanyl. The man was eventually pronounced deceased. • Suspicious person/circumstances. On November 18, 2021, a woman reported from the Motel that she was subject to some kind of sex trafficking. The caller said she Resolution No. 2562
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did not feel safe, someone was “making a lottery” on her, and that someone was going to take her away.
• Disturbance. On August 24, 2022, a call was received from an alleged Motel guest who claimed that he could not leave his room because there were so many people outside in the hallway doing drugs.
• Weapons violation. On August 30, 2022, a suspect was detained at the Motel and patted down for weapons. Law enforcement found a stolen handgun in his waistband.
• Suspicious person/circumstances. On December 10, 2022, a female called and reported that a male had touched her genitals at the Motel. • Disturbance. On March 12, 2023, there was a report regarding a dispute between a prostitute and another individual over sexually illicit services. The reporting party stated that a male was going room to room looking for the female and threatening to kill her.
• Robbery report. On April 8, 2023, a woman reported that while she was walking to her room at the Dixie, a man threatened her with a three-inch knife, demanded her wallet, and then stabbed her and ran away with her wallet. • Disturbance. On April 25, 2023, a woman called law enforcement claiming that there was a man in the Motel who was threatening to shoot her with a gun after he gave her money for sex and she refused.
• Suspicious person in vehicle. On May 12, 2023, there was a report that two individuals were sitting in a vehicle parked in the Dixie parking lot who were doing drugs. The report was that they had been there for hours with other vehicles pulling up and getting things from them.
• Assault with deadly weapon report. On June 8, 2023, a woman reported that while she was at the Dixie, a male went up to her room and tried to hit her across her face with a gun.
• Suspicious person/circumstances. On July 7, 2023, a woman reported that her pimp had forced her friend into his vehicle at the Dixie and driven off. • Disturbance. On July 27, 2023, there was a report about a woman who had fentanyl in her pockets and was trying to sell the illicit narcotics to other Dixie motel guests. • Suspicious person in vehicle. On August 29, 2023, a call was received regarding an individual bleeding from the ribs, unconscious, and not breathing at the Dixie. The victim was transported to UCI Medical Center and later reported that he was involved in an altercation at the Motel and stabbed in the chest.
The frequency of calls for service, combined with the severity and significance of the types of calls, then translate into increased arrests and citations, resulting in a 183 percent increase in arrests and a 600 percent increase in citations over the past five years. There have been a total of 53 arrests and 25 citations at the Property in the last five years. The illicit activity at the site is an incredible drain on City resources. Calls for service at the Dixie have resulted in an increase of almost 200 percent in consumed police time, from 59 hours in 2019 to 175+ hours in 2023. Those hours do not reflect the hours spent by City administration and staff dealing with the code enforcement issues at the property.
The emergency medical service activity has also progressively increased over the last five years and resulted in increased calls for service from the Orange County Fire Resolution No. 2562
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Authority. In the past five years since the current Property Owner took ownership of the Motel, the number of emergency medical services calls relating to the Property have increased at an alarming rate.
The data demonstrates:
• During that time, the calls for service related to the Dixie have significantly increased, from 6 calls in 2019 to 38 calls in 2023 (through December 13, 2023), an increase of 533 percent; and
• In 2023, the Dixie had the highest ratio of calls for service to number of rooms amongst all Stanton motels at 1.05 calls for service per guest room; and • The types of calls for service for 2023 were as follows:
o Trauma/Assault/Bleeding: 10
o Overdose/Drugs: 6
o Chest Pain/Cardiac Arrest: 5
o Unconscious/Unknown: 5
o Unknown Medical Aid: 5
o Back Pain: 2
o Seizure: 2
o Behavior/Suicide: 1
o Fall: 1
o Respiratory: 1
During the original document review, law enforcement did not express concerns related to the issuance of this permit on the grounds of detrimental impacts to public health, safety, and welfare issues. Those circumstances have drastically changed. The findings of the current use are that the public health, safety, and welfare are endangered by this use and require revocation to safeguard the public.
B. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated.
Resolution 859, which approved the development and use of the motel on the Property includes conditions of approval, including Condition 2(a), which provides, “That all applicable requirements of the Stanton Municipal Code be met.” Moreover, Condition 2(e) provides, “Failure to abide by and faithfully comply with any and all conditions as attached to this permit pursuant to provisions of the Municipal Code shall constitute grounds for revocation.” Multiple violations of the Stanton Municipal Code have been violated, including:
• SMC section 9.16.020 provides that it is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge of any…commercial…property within the city, to maintain such property in such a manner that any of the following conditions are found to exist thereon:
o Subsection (I): “Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable.” Moreover, Subsection (J) provides the following as a public nuisance, “The accumulation of dirt, Resolution No. 2562
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litter, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, landscaped or other areas.” Here, during a City inspection on September 7, 2023, trash was overflowing from the trash enclosures such that the parking lot and Motel grounds had become unsightly. A photograph of the overflowing trash is provided in the staff report associated with this resolution.
o Subsection (W): “Any other condition declared by any state, county, or city statute, code, or regulation to be a public nuisance.” Here, Penal Code 370 defines “Public nuisance” as, “Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance.” Moreover, Civil Code section 3479 provides a “Nuisance” is “Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.”
Here, the crimes that are occurring on the Property as described in the staff report and Finding A above are injurious to the health, indecent, and offensive to the senses. They include crimes including narcotic violations, robberies, carjacking, battery, burglaries, disorderly conduct – prostitution, an attempt to set the Property on fire with an incendiary device, armed robbery, and weapons violations. And these crimes occur at such a frequency that it is offensive to the entire community. As such, the revocation is necessary in order to put an end to this unchecked growth of public nuisances at this location.
o Subsection (AA): “Any building, use or structure wherein one or more persons engage, or have engaged, in two or more acts which are prohibited pursuant to the laws of the state of California, the provisions of this code or any other penal ordinance of this city, including, but not limited to the following acts: (1) Unlawful possession or use of controlled substances, or (2) Prostitution. Here, there have been numerous calls for police services relating to narcotics and prostitution.
Unlawful possession or use of controlled substances.
The unlawful narcotics that have been found on the Property include black tar heroin, cocaine, and methamphetamine in large quantities that suggest that they are being sold to others and not just for personal use.
Resolution No. 2562
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On May 7, 2020, the Motel owner called law enforcement about a male who keeps bringing “tweakers” into his room and disobeying policy about unauthorized guests.
On April 22, 2021, law enforcement responded to a report of a person who was not breathing in a Motel room. On arrival, OCSD deputies performed CPR on the individual and gave him Narcan due to a report that the individual took fentanyl. The man was eventually pronounced deceased.
On August 24, 2022, a call was received from an alleged Motel guest who claimed that he could not leave his room because there were so many people outside in the hallway doing drugs.
On May 12, 2023, there was a report that two individuals were sitting in a vehicle parked in the Dixie parking lot who were doing drugs.
The report was that they had been there for hours with other vehicles pulling up and getting things from them.
On July 27, 2023, there was a report about a woman who had fentanyl in her pockets and was trying to sell the illicit narcotics to other Dixie motel guests.
Prostitution.
On November 18, 2021, a woman reported from the Motel that she was subject to some kind of sex trafficking. The caller said she did not feel safe, someone was “making a lottery” on her, and that someone was going to take her away.
On December 10, 2022, a female called and reported that a male had touched her genitals at the Motel.
On March 12, 2023, there was a report regarding a dispute between a prostitute and another individual over sexually illicit services. The reporting party stated that a male was going room to room looking for the female and threatening to kill her.
On April 25, 2023, a woman called law enforcement claiming that there was a man in the Motel who was threatening to shoot her with a gun after he gave her money for sex and she refused.
On July 7, 2023, a woman reported that her pimp had forced her friend into his vehicle at the Dixie and driven off.
Injurious to the senses/Indecent/Interferes with the comfortable enjoyment of life or property.
On March 5, 2021, there was a report regarding a Motel guest who was walking his dog when another Motel guest got out of his vehicle and struck the man five- to six times with a bat, causing injury to the front and back of his head. The report provides that “Dixie cameras do not record,” which implies that security measures at the Motel are not effective.
On April 8, 2023, a woman reported that while she was walking to her room at the Dixie, a man threatened her with a three-inch knife, Resolution No. 2562
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demanded her wallet, and then stabbed her and ran away with her wallet.
On May 11, 2023, there was a call regarding an individual with a pipe bomb. The suspect was apprehended, prosecuted, and pled guilty in June 2023 to attempting to set fire and burn one of the buildings at the Dixie with a “flammable and combustible incendiary device.” (See People v. Domville, Orange County Superior Court Case No. 23WF1522.)
On June 8, 2023, a woman reported that while she was at the Dixie, a male went up to her room and tried to hit her across her face with a gun.
On August 29, 2023, a call was received regarding an individual bleeding from the ribs, unconscious, and not breathing at the Dixie.
The victim was transported to UCI Medical Center and later reported that he was involved in an altercation at the Motel and stabbed in the chest.
Calls for emergency services including trauma, assault, bleeding, overdose, drugs, chest pain/cardiac arrest, and unconsciousness. • SMC Section 9.52.040 requires that, as part of the registration process at a public lodging facility, each guest must identify all occupants of a room and collect vehicle registration information. However, in discussions with the City Manager, the property owner has stated that they collect registration from guests but have no control over additional guests that occupy the room. Additionally, the City Manager’s site visit on September 7, 2023 showed that many of the vehicles did not display verification that they had been registered with the motel • SMC Section 9.52.090 and 9.52.100 requires that garbage and putrescible matter, whether mixed with rubbish or other matter or not, shall be kept in watertight receptacles with close-fitting lids. The garbage bin was observed to be uncovered and overflowing which is not in compliance with this provision. • SMC Section 9.52.150 requires public lodging facilities to install and maintain in proper operating order security cameras throughout the property. In at least one police report dated March 5, 2021, there was a report that the Dixie cameras were not working. The continuously increasing calls for service for criminal activity such as narcotics violations, prostitution, weapons violations, assault with a deadly weapon, resulting in 53 arrests and 25 citations on the subject site show that the motel operators have not focused on complying with security measures required by Stanton Municipal Code Section 9.52.150. • SMC section 16.04.010 adopts the California Building Code, which provides that a building permit shall be required for the erection or construction of any structure. SMC section 20.710.190 states the following: A “structure” is defined as, “anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.” On or about September 21, 2023, an illegal gate was erected at the Property without a proper building permit. A verbal courtesy notice was provided to the general manager on September 21, 2023, the first administrative citation was issued to the Property owner on September 26, 2023, the second and third administrative citations were issued for September 27, 2023, and September 28, 2023, and the gate was not taken down until on or about October 2, 2023.
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The Property owner is in agreement with the City that the conditions at the Property are a nuisance. In her own words, she called the Property conditions “a shit show of drugs[,] homeless[,] and prostitution.” Neither the Property owner nor manager have taken consistent action to effectively abate the nuisance conditions at the Property. A condition of the original permit was that the use should comply with the SMC. The Municipal Code provides that a law must be followed, and the current use violates both local law and state law by operating as a public nuisance. Thus, a revocation of PPD 859 is necessary and appropriate to safeguard the public health, welfare, and safety.
C. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute.
Both the SMC and state law have been violated as follows. • SMC section 9.16.020 provides that it is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge of any…commercial…property within the city, to maintain such property in such a manner that any of the following conditions are found to exist thereon:
o Subsection (I): “Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable.” Moreover, Subsection (J) provides the following as a public nuisance, “The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, landscaped or other areas.” Here, during a City inspection on September 7, 2023, trash was overflowing from the trash enclosures such that the parking lot and Motel grounds had become unsightly. A photograph of the overflowing trash is provided in the staff report associated with this resolution.
o Subsection (W): “Any other condition declared by any state, county, or city statute, code, or regulation to be a public nuisance.” Here, Penal Code 370 defines “Public nuisance” as, “Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance.” Moreover, Civil Code section 3479 provides a “Nuisance” is “Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.”
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Here, the crimes that are occurring on the Property as described in the staff report and Finding A above are injurious to the health, indecent, and offensive to the senses. They include crimes including narcotic violations, robberies, carjacking, battery, burglaries, disorderly conduct – prostitution, an attempt to set the Property on fire with an incendiary device, armed robbery, and weapons violations. And these crimes occur at such a frequency that it is offensive to the entire community. As such, the revocation is necessary in order to put an end to this unchecked growth of public nuisances at this location.
o Subsection (AA): “Any building, use or structure wherein one or more persons engage, or have engaged, in two or more acts which are prohibited pursuant to the laws of the state of California, the provisions of this code or any other penal ordinance of this city, including, but not limited to the following acts: (1) Unlawful possession or use of controlled substances, or (2) Prostitution. Here, there have been numerous calls for police services relating to narcotics and prostitution.
Unlawful possession or use of controlled substances.
The unlawful narcotics that have been found on the Property include black tar heroin, cocaine, and methamphetamine in large quantities that suggest that they are being sold to others and not just for personal use.
On May 7, 2020, the Motel owner called law enforcement about a male who keeps bringing “tweakers” into his room and disobeying policy about unauthorized guests.
On April 22, 2021, law enforcement responded to a report of a person who was not breathing in a Motel room. On arrival, OCSD deputies performed CPR on the individual and gave him Narcan due to a report that the individual took fentanyl. The man was eventually pronounced deceased.
On August 24, 2022, a call was received from an alleged Motel guest who claimed that he could not leave his room because there were so many people outside in the hallway doing drugs.
On May 12, 2023, there was a report that two individuals were sitting in a vehicle parked in the Dixie parking lot who were doing drugs.
The report was that they had been there for hours with other vehicles pulling up and getting things from them.
On July 27, 2023, there was a report about a woman who had fentanyl in her pockets and was trying to sell the illicit narcotics to other Dixie motel guests.
Prostitution.
On November 18, 2021, a woman reported from the Motel that she was subject to some kind of sex trafficking. The caller said she did not feel safe, someone was “making a lottery” on her, and that someone was going to take her away.
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On December 10, 2022, a female called and reported that a male had touched her genitals at the Motel.
On March 12, 2023, there was a report regarding a dispute between a prostitute and another individual over sexually illicit services. The reporting party stated that a male was going room to room looking for the female and threatening to kill her.
On April 25, 2023, a woman called law enforcement claiming that there was a man in the Motel who was threatening to shoot her with a gun after he gave her money for sex and she refused.
On July 7, 2023, a woman reported that her pimp had forced her friend into his vehicle at the Dixie and driven off.
Injurious to the senses/Indecent/Interferes with the comfortable enjoyment of life or property.
On March 5, 2021, there was a report regarding a Motel guest who was walking his dog when another Motel guest got out of his vehicle and struck the man five- to six times with a bat, causing injury to the front and back of his head. The report provides that “Dixie cameras do not record,” which implies that security measures at the Motel are not effective.
On April 8, 2023, a woman reported that while she was walking to her room at the Dixie, a man threatened her with a three-inch knife, demanded her wallet, and then stabbed her and ran away with her wallet.
On May 11, 2023, there was a call regarding an individual with a pipe bomb. The suspect was apprehended, prosecuted, and pled guilty in June 2023 to attempting to set fire and burn one of the buildings at the Dixie with a “flammable and combustible incendiary device.” (See People v. Domville, Orange County Superior Court Case No. 23WF1522.)
On June 8, 2023, a woman reported that while she was at the Dixie, a male went up to her room and tried to hit her across her face with a gun.
On August 29, 2023, a call was received regarding an individual bleeding from the ribs, unconscious, and not breathing at the Dixie.
The victim was transported to UCI Medical Center and later reported that he was involved in an altercation at the Motel and stabbed in the chest.
Calls for emergency services including trauma, assault, bleeding, overdose, drugs, chest pain/cardiac arrest, and unconsciousness. • SMC Section 9.52.040 requires that, as part of the registration process at a public lodging facility, each guest must identify all occupants of a room and collect vehicle registration information. However, in discussions with the City Manager, the property owner has stated that they collect registration from guests but have no control over additional guests that occupy the room. Additionally, the City Manager’s site visit on September 7, 2023 showed that many of the vehicles Resolution No. 2562
Page No. 13
did not display verification that they had been registered with the motel • SMC Section 9.52.090 and 9.52.100 requires that garbage and putrescible matter, whether mixed with rubbish or other matter or not, shall be kept in watertight receptacles with close-fitting lids. The garbage bin was observed to be uncovered and overflowing which is not in compliance with this provision. • SMC Section 9.52.150 requires public lodging facilities to install and maintain in proper operating order security cameras throughout the property. In at least one police report dated March 5, 2021, there was a report that the Dixie cameras were not working. The continuously increasing calls for service for criminal activity such as narcotics violations, prostitution, weapons violations, assault with a deadly weapon, resulting in 53 arrests and 25 citations on the subject site show that the motel operators have not focused on complying with security measures required by Stanton Municipal Code Section 9.52.150. • SMC section 16.04.010 adopts the California Building Code, which provides that a building permit shall be required for the erection or construction of any structure. SMC section 20.710.190 states the following: A “structure” is defined as, “anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.” On or about September 21, 2023, an illegal gate was erected at the Property without a proper building permit. A verbal courtesy notice was provided to the general manager on September 21, 2023, the first administrative citation was issued to the Property owner on September 26, 2023, the second and third administrative citations were issued for September 27, 2023, and September 28, 2023, and the gate was not taken down until on or about October 2, 2023.
The Property owner is in agreement with the City that the conditions at the Property are a nuisance. In her own words, she called the Property conditions “a shit show of drugs[,] homeless[,] and prostitution.” Neither the Property owner nor manager have taken consistent action to effectively abate the nuisance conditions at the Property. A condition of the original permit was that the use should comply with the SMC. The Municipal Code provides that a law must be followed, and the current use violates both local law and state law by operating as a public nuisance. Thus, a revocation of PPD 859 is necessary and appropriate to safeguard the public health, welfare, and safety.
D. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
The operations on the Property have altered in a manner such that the original findings can no longer be made. The surrounding properties have been and are being detrimentally affected by the Motel use, and the public peace, safety, and general welfare has been adversely affected to a degree greater than permitted by the Stanton Municipal Code. The criminal nuisance activity has progressively increased over the last five years and resulted in increased calls for service from the Orange County Sheriff’s Department, from 47 calls in 2019 to 172 calls in 2023 (through November 2023), an increase of 266 percent. Moreover, over the past five years, the Dixie had the highest ratio of calls for service to number of rooms amongst all Stanton motels at 12.3 calls for service per guest room.
Resolution No. 2562
Page No. 14
The types of calls for service at the Dixie go well beyond the common disturbances typically associated with motels. The call types include assault with a deadly weapon, carjacking, shots heard, robbery in progress, battery, prostitution, and investigate dead body. Some of the illicit narcotics that have been found at the Dixie include black tar heroin, cocaine, methamphetamine, and amphetamine pills. Some of the large quantities of drugs that have been found at the Property (i.e., 400 amphetamine pills and a half pound of methamphetamine) suggest that they are for dealing, not just for personal use. Just in May 2023, Orange County Sheriff’s Department received an emergency call regarding an individual with a pipe bomb. The suspect was apprehended, prosecuted, and plead guilty in June 2023 of attempting to set fire and burn one of the buildings at the Dixie with a “flammable and combustible incendiary device.” (See People v. Domville, Orange County Superior Court Case No. 23WF1522.) The following are additional examples of the types of calls that the City and its law enforcement have received:
• Disturbance. On May 7, 2020, the Motel owner called law enforcement about a male who keeps bringing “tweakers” into his room and disobeying policy about unauthorized guests.
• Investigate dead body. On February 9, 2021, Orange County Fire Authority arrived at the Motel parking lot to investigate a report of an unconscious male. The individual was pronounced dead.
• Assault with deadly weapon. On March 5, 2021, there was a report regarding a Motel guest who was walking his dog when another Motel guest got out of his vehicle and struck the man five- to six times with a bat, causing injury to the front and back of his head. The report provides that “Dixie cameras do not record,” which implies that security measures at the Motel are not effective. • Investigate dead body. On April 22, 2021, law enforcement responded to a report of a person who was not breathing in a Motel room. On arrival, OCSD deputies performed CPR on the individual and gave him Narcan due to a report that the individual took fentanyl. The man was eventually pronounced deceased. • Suspicious person/circumstances. On November 18, 2021, a woman reported from the Motel that she was subject to some kind of sex trafficking. The caller said she did not feel safe, someone was “making a lottery” on her, and that someone was going to take her away.
• Disturbance. On August 24, 2022, a call was received from an alleged Motel guest who claimed that he could not leave his room because there were so many people outside in the hallway doing drugs.
• Weapons violation. On August 30, 2022, a suspect was detained at the Motel and patted down for weapons. Law enforcement found a stolen handgun in his waistband.
• Suspicious person/circumstances. On December 10, 2022, a female called and reported that a male had touched her genitals at the Motel. • Disturbance. On March 12, 2023, there was a report regarding a dispute between a prostitute and another individual over sexually illicit services. The reporting party stated that a male was going room to room looking for the female and threatening to kill her.
• Robbery report. On April 8, 2023, a woman reported that while she was walking to Resolution No. 2562
Page No. 15
her room at the Dixie, a man threatened her with a three-inch knife, demanded her wallet, and then stabbed her and ran away with her wallet. • Disturbance. On April 25, 2023, a woman called law enforcement claiming that there was a man in the Motel who was threatening to shoot her with a gun after he gave her money for sex and she refused.
• Suspicious person in vehicle. On May 12, 2023, there was a report that two individuals were sitting in a vehicle parked in the Dixie parking lot who were doing drugs. The report was that they had been there for hours with other vehicles pulling up and getting things from them.
• Assault with deadly weapon report. On June 8, 2023, a woman reported that while she was at the Dixie, a male went up to her room and tried to hit her across her face with a gun.
• Suspicious person/circumstances. On July 7, 2023, a woman reported that her pimp had forced her friend into his vehicle at the Dixie and driven off. • Disturbance. On July 27, 2023, there was a report about a woman who had fentanyl in her pockets and was trying to sell the illicit narcotics to other Dixie motel guests. • Suspicious person in vehicle. On August 29, 2023, a call was received regarding an individual bleeding from the ribs, unconscious, and not breathing at the Dixie. The victim was transported to UCI Medical Center and later reported that he was involved in an altercation at the Motel and stabbed in the chest.
The frequency of calls for service, combined with the severity and significance of the types of calls, then translate into increased arrests and citations, resulting in a 183 percent increase in arrests and a 600 percent increase in citations over the past five years. There have been a total of 53 arrests and 25 citations at the Property in the last five years. The illicit activity at the site is an incredible drain on City resources. Calls for service at the Dixie have resulted in an increase of almost 200 percent in consumed police time, from 59 hours in 2019 to 175+ hours in 2023. Those hours do not reflect the hours spent by City administration and staff dealing with the code enforcement issues at the property.
The emergency medical service activity has also progressively increased over the last five years and resulted in increased calls for service from the Orange County Fire Authority. In the past five years since the current Property Owner took ownership of the Motel, the number of emergency medical services calls relating to the Property have increased at an alarming rate.
The data demonstrates:
• During that time, the calls for service related to the Dixie have significantly increased, from 6 calls in 2019 to 38 calls in 2023 (through December 13, 2023), an increase of 533 percent; and
• In 2023, the Dixie had the highest ratio of calls for service to number of rooms amongst all Stanton motels at 1.05 calls for service per guest room; and • The types of calls for service for 2023 were as follows:
o Trauma/Assault/Bleeding: 10
o Overdose/Drugs: 6
o Chest Pain/Cardiac Arrest: 5
o Unconscious/Unknown: 5
Resolution No. 2562
Page No. 16
o Unknown Medical Aid: 5
o Back Pain: 2
o Seizure: 2
o Behavior/Suicide: 1
o Fall: 1
o Respiratory: 1
During the original document review, law enforcement did not express concerns related to the issuance of this permit on the grounds of detrimental impacts to public health, safety, and welfare issues. Those circumstances have drastically changed. The findings of the current use are that the public health, safety, and welfare are endangered by this use and require revocation to safeguard the public.
SECTION 4: That based upon the above findings, the Planning Commission hereby REVOKES Resolution 859 which revokes all privileges granted for Precise Plan of Design P-435.
SECTION 5. Effective Date. The motel use on the property must cease operations within 90 calendar days of the adoption of this resolution.
SECTION 6. Custodian of Records. The Custodian of Records for this project is the Planning Commission Secretary. The documents related to this proceeding are kept at City Hall located at 7800 Katella Avenue Stanton CA 90680.
SECTION 7. Severability. If any provision of this Resolution 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 Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Planning Commission hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
To: Hannah Shin-Heydorn
From: Captain C. Walters #8208
Date: November 17, 2023
RE: The Dixie Motel
The Dixie Motel is located at 11632 Beach Blvd in the city of Stanton. The city of Stanton has seen a consistent increase in calls for service at or relating to the Dixie Motel since 2019. Total calls for service were measured by querying the term “Dixie” in the Computer Aided Dispatch (CAD) call narrative. Calls were filtered further to represent those with an “Incident Location” of 11632 Beach Blvd., or nearby cross streets, when the call was related to activity that had just occurred at the Dixie Motel. For example, a traffic stop may be initiated in the area following suspicious activity that was observed in the Dixie Motel parking lot.
The following is the total calls for service and total consumed time per year.
Year Calls for service Consumed Time
2019 50 59:52
2020 57 75:06
2021 78 61:21
2022 90 104:30
2023 168 175:07
The city of Stanton has seen a consistent increase in arrests at or relating to the Dixie Motel since 2019. There was an 82% increase in total arrests, including citations, between 2022 and YTD 2023.
The followig is the total number of arrests or citations related to the Dixie Motel per year. 2019
1. Arrest- 4
2. Citation- 2
2020
1. Arrest- 13
2. Citation- 1
2021
1. Arrest- 3
2. Citation- 1
2022
1. Arrest- 11
2. Citation- 6
2023 (year to date)
1. Arrest- 17
2. Citation- 14
The following charts below display raw data pertaining to the citations and arrest made by Deputy Sheriff’s at the the Dixie Motel.
2019
Incident Date Location Complaint Cite Arrest
01/08/2019
12:26
11632 BEACH BLVD 11350 - NARCOTIC VIOLATION 1
08/20/2019
11:55
BEACH BLVD // KATELLA
AV
11357 - MARIJUANA VIOLATION 1
08/21/2019
13:59
11632 BEACH BLVD 496 - RECEIVING STOLEN
PROPERTY
1 09/12/2019
12:57
11632 BEACH BLVD 925C - SUSPICIOUS PERSON IN
VEH
1 09/16/2019
11:22
11632 BEACH BLVD 496 - RECEIVING STOLEN
PROPERTY
1 11/21/2019
16:51
11632 BEACH BLVD INFO - INFORMATION REPORT 2
2020
Incident Date Location Complaint Cite Arrest
01/14/2020
12:32
11632 BEACH BLVD WPNS – WEAPONS VIOLATION 1
01/16/2020
05:14
11622 BEACH BLVD 503L – STOLEN VEHICLE LOCATED 1
03/24/2020
20:51
11632 BEACH BLVD 503L – STOLEN VEHICLE LOCATED 1
04/23/2020
21:34
BEACH BLVD // ORANGEWOOD
AV
211R – ROBBERY REPORT 1
07/06/2020
21:09
11632 BEACH BLVD 11350 – NARCOTIC VIOLATION 1
07/15/2020
11:49
11632 BEACH BLVD WRNT – WARRANT ARREST 1
07/16/2020
23:14
BEACH BLVD // ORANGEWOOD
AV
503L – STOLEN VEHICLE LOCATED 2
07/20/2020
12:44
11632 BEACH BLVD 496 – RECEIVING STOLEN
PROPERTY
2 08/31/2020
10:43
11632 BEACH BLVD 243E1 – DOMESTIC BATTERY 1
09/08/2020
20:21
11632 BEACH BLVD WRNT – WARRANT ARREST 1
09/16/2020
10:22
11632 BEACH BLVD 530.5 – ID THEFT 1
12/16/2020
00:56
11632 BEACH BLVD WRNT – WARRANT ARREST 1
2021
Incident Date Location Complaint Cite Arrest
03/12/2021 09:47 11632 BEACH BLVD 11350 - NARCOTIC VIOLATION 1 04/07/2021 17:29 11632 BEACH BLVD 503L - STOLEN VEHICLE LOCATED 1 04/11/2021 00:35 11632 BEACH BLVD 496 - RECEIVING STOLEN PROPERTY 1 11/04/2021 11:32 11632 BEACH BLVD 11350 - NARCOTIC VIOLATION 1 2022
Incident Date Location Complaint Cite Arrest
01/15/2022 13:02 11632 BEACH BLVD 243E1 - DOMESTIC BATTERY 1 04/30/2022 12:40 ORANGEWOOD AV // BEACH
BLVD
422R - CRIMINAL THREATS REPORT 1
05/14/2022 11:20 11632 BEACH BLVD WRNT - WARRANT ARREST 1 07/18/2022 20:04 11632 BEACH BLVD WRNT - WARRANT ARREST 1 08/16/2022 12:13 7050 KATELLA AV 459.5 - SHOPLIFTING 1
08/21/2022 19:59 11632 BEACH BLVD WRNT - WARRANT ARREST 1 08/30/2022 01:46 11632 BEACH BLVD WPNS - WEAPONS VIOLATION 1 09/19/2022 07:24 11632 BEACH BLVD 503L - STOLEN VEHICLE LOCATED 1 09/19/2022 10:38 11632 BEACH BLVD WRNT - WARRANT ARREST 1 10/28/2022 05:24 BEACH BLVD // STARR ST MUNI - MUNICIPAL CODE VIOLATIONS 1 11/10/2022 21:36 BEACH BLVD // CHAPMAN AV 11350 - NARCOTIC VIOLATION 1 11/12/2022 00:20 11632 BEACH BLVD WRNT - WARRANT ARREST 1 11/16/2022 00:15 11632 BEACH BLVD 503T - STOLEN VEHICLE TRACKING SYSTEM
ACTIVATED
1 11/23/2022 07:44 BEACH BLVD // CENTRAL AV MUNI - MUNICIPAL CODE VIOLATIONS 1 12/05/2022 15:30 11632 BEACH BLVD 11350 - NARCOTIC VIOLATION 1 12/06/2022 00:04 11632 BEACH BLVD WRNT - WARRANT ARREST 1 12/13/2022 13:20 11632 BEACH BLVD 11350 - NARCOTIC VIOLATION 1 2023
Incident Date Location Complaint Cite Arrest
01/05/2023 11:41 ORANGEWOOD AV // BEACH BLVD 503L - STOLEN VEHICLE LOCATED 1 01/11/2023 12:28 11632 BEACH BLVD 148 - RESISTING ARREST 1 01/17/2023 11:49 11632 BEACH BLVD WRNT - WARRANT ARREST 2 03/01/2023 11:49 BEACH BLVD // PINE LN 11350 - NARCOTIC VIOLATION 1 05/11/2023 15:08 BEACH BLVD // ORANGEWOOD AV 451 - ARSON 1 06/11/2023 15:07 11632 BEACH BLVD WRNT - WARRANT ARREST 2 06/21/2023 00:46 BEACH BLVD // ORANGEWOOD AV 211 - ROBBERY IN PROGRESS 2 06/26/2023 09:02 11632 BEACH BLVD 11350 - NARCOTIC VIOLATION 1 06/29/2023 01:04 BEACH BLVD // ORANGEWOOD AV 11350 - NARCOTIC VIOLATION 1 07/07/2023 06:29 11632 BEACH BLVD 925 - SUSPICIOUS PERSON/CIRCS 1 08/07/2023 20:55 11632 BEACH BLVD 211
- ROBBERY IN PROGRESS1
08/08/2023 22:29 11632 BEACH BLVD 11350- NARCOTIC VIOLATION1 08/14/2023 03:06 11632 BEACH BLVD 11350- NARCOTIC VIOLATION1 08/14/2023 04:24 11632 BEACH BLVD 11350- NARCOTIC VIOLATION2 08/24/2023 22:47 11632 BEACH BLVD 602- TRESPASSING2
08/24/2023 23:53 11632 BEACH BLVD 11350- NARCOTIC VIOLATION1 08/28/2023 22:26 11632 BEACH BLVD 11350- NARCOTIC VIOLATION1 09/01/2023 20:20 BEACH BLVD // CHESTER AV 148- RESISTING ARREST2 09/08/2023 10:35 11632 BEACH BLVD PED- PEDESTRIAN CHECK1 09/16/2023 02:19 11632 BEACH BLVD WRNT- WARRANT ARREST1 09/19/2023 03:25 11632 BEACH BLVD 11350- NARCOTIC VIOLATION1 09/25/2023 11:33 11632 BEACH BLVD WRNT- WARRANT ARREST1 10/02/2023 22:14 11632 BEACH BLVD 602- TRESPASSING1
10/08/2023 23:53 11632 BEACH BLVD 602- TRESPASSING1
10/24/2023 20:49 11632 BEACH BLVD 602- TRESPASSING1
Bob Buys
Brian Donahue
Lyn Landgren
Michelle Monge
Harish Patel
Shane Thoney
Carol Warren
Mike Xa
Date: December 19, 2023
From: Hynes Estates
Lynette Landgren
To: The City of Stanton
We are contacting the City of Stanton as a group of over 42 concerned households regarding multiple serious issues coming from the Dixie Hotel at 11632 Beach Blvd. These problems are disruptive and pose significant threats to the safety and well-being of our community.
Increased Police Activity: The frequent police presence at the motel suggests continuous disturbances and potentially illegal activities, which is deeply concerning for our residents.
Recently, we had numerous police officers located throughout our neighborhood due to an armed robbery at the Dixie.
Drug-Related Concerns: There are strong indications of illegal drug use and dealing within the motel premises, contributing to an unsafe and unhealthy environment.
Safety and Security Issues: The lack of robust security measures has led to trespassing and breakins, jeopardizing the safety of both motel guests and nearby residents.
Noise Disturbances: We are constantly disturbed by loud music and shouting, especially in the evening. Often a bus that parks at the Dixie plays heavy bass music loud enough to shake windows, severely impacting our right to the quiet enjoyment of our properties.
Voyeurism, Loitering, and Homelessness: The property has become a gathering place for loiterers and homeless individuals, leading to unsanitary conditions and heightened safety concerns. Some motel guests will stand on the second-floor balcony and closely watch the children play in our neighborhood and a primary reason to one neighbor moving.
Inappropriate and Harassing Behavior: There have been multiple reports of hotel guests engaging in offensive or inappropriate behavior, including harassment or threats toward others in the vicinity.
Illegal Activities: The recurring illicit activities, including human trafficking at the motel, are alarming and have no place in our community.
Guest Disputes: Regular arguments and physical confrontations among guests add to the hostile and unsafe environment.
The ongoing issues have profoundly impacted our neighborhood, compelling at least two families to sell their homes due to concerns over their children's safety and the general deterioration of the community atmosphere.
Board of
Directors
Attachment: M
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These issues collectively paint a distressing picture of the current state of the Dixie Hotel.
Immediate action is necessary to address these problems and ensure the safety and well-being of Dixie guests and the surrounding community.
We are willing to discuss these matters in greater detail and collaborate on potential solutions.
Please do not hesitate to contact me at
Thank you for your attention to these urgent concerns. We look forward to the City of Stanton's prompt and constructive response.
Sincerely,
Lynette Landgren,
Hynes Estates Board of Directors
Incident Detail Report
Data Source: Data Warehouse
Incident Status: Closed
Incident number: 23-174709
Case Numbers:
Incident Date: 12/20/2023 19:20:11
Report Generated: 1/16/2024 13:59:22
Incident Information
Incident Type:
Priority:
Determinant:
Base Response#:
Confirmation#:
Taken By:
Response Area:
Disposition:
Cancel Reason:
Incident Status:
Certification:
Longitude:
Incident Location
Location Name:
Address:
Apartment:
ASA:
City, State, Zip:
Custom Time Stamps
No Custom Time Stamps
Call Receipt
Call Back Phone:
Caller Address:
Caller Building:
Caller City, State, Zip:
Time Stamps
Description
Phone Pickup
1st Key Stroke
In Waiting Queue
Medical-ALS
AMB
ALFONSOMARTINEZ
B8STN
Closed
117992750
DIXIE MOTEL
11632 BEACH BL
217
STN CA 90680
User
Alarm Level:
Problem:
Agency:
Jurisdiction:
Division:
Battalion:
Response Plan:
Command Ch:
Primary TAC:
Secondary TAC:
Delay Reason (if any):
Latitude:
County:
Location Type:
Cross Street:
District:
1 ALS-Behavioral/Suicidal
OCFA
DIV7
DIV?
BAT08
MEDICAL-ALS
4C
4D
40 33793608
Orange
HYNES RD/LA MONTE RD
D2216w
Caller Location Phone:
Elapsed Times
Description
Caller Apartment:
Caller County:
Received to In Queue
Call Taking
Call Taking Complete
1st Unit Assigned
Date
12/20/2023
12/20/2023
12/20/2023
12/20/2023
12/20/2023
12/20/2023
12/20/2023
12/20/2023
Time
19:19:47
19:19:47
19:20:13
19:29:19
19:20:23
19:21 :12
19:25:06
20:35:27
ALFONSOMARTINEZln Queue to 1st Assign
Time
00:00:02
00:09:08
00:00:10
00:00:36
00:00:49.0
00:03:54.4
01:15:40
1st Unit Enroute
Call Received to 1st Assign
Assigned to 1st Enroute
1st Unit Arrived En route to 1st Arrived
Closed RIINT09PRODMSOS Incident Duration
Resources Assigned
Unit Primary Flag Assigned
E46 y
M46 N
AMB43 N
CAR5907 N
Personnel Assigned
Unit Name
19:20:23
19:20:23
19:20:23
19:21:17
Disposition Enroute
19:21:12
19:21:22
19:23:28
Staged Arrived At Patient Delay Avail
19:25:06
19:25:33
19:28:01
Complete
19:34:41
19:34:43
19:22:25
20:35:27
Odm. Odm. Cancel
EnrouteArrivedReason
0.0 E46 CHRISTIANCOTTER (6576); JEFFGRASINGER (5423); JOHNLIM (5019); KEAGANCRONE (7894) M46 ROBERTSALVUCCI (6829); RYANCROSSWHITE (7212)
Caution Notes
No Caution Notes found
Pre-Scheduled Information
No Pre-Scheduled Information
Transports
Unit
CAR5907
Location/Address City
HOSP-WEST ANAHEIM ANA
MEDICAL CENTER/3033 W
ORANGE AVE
Transport Legs
No Transports Information
Comments
Date Time User
12/20/2023 19:20:14 SYS
12/20/2023 19:20:14 C2C
12/20/2023 19:20:24 CPSERVICE
12/20/2023 19:20:45 SYS
12/20/2023 19:21:15 SYS
Patient
Type
Response
Response
Response
Response
Response
Mode
2 Cont.
Protocol
Transport
Mileage
Start/End/Total
0.01 I
Comments
Depart
19:39:20
Arrived Complete
19:44:3020:35:27
[1] A cellular re-bid has occurred, check the ANI/ALI Viewer for details [2] [CADFUSION] Call transferred to ocmeds
(3] Closest HOSPITAL to Beach Bl / Orangewood Ave:
1: HOSP-WEST ANAHEIM MEDICAL CENTER - ETA: 00:04:10
2: HOSP-LOS ALAMITOS MEDICAL CENTER *TH* - ETA: 00:08:59 - Divert Reason: Facility On Divert
3: HOSP-LA PALMA INTERCOMMUNITY HOSPITAL *THHM* (7901
WALKER ST)- ETA: 00:10:26
(4] A cellular re-bid has occurred, check the ANI/ALI Viewer for details (5] A cellular re-bid has occurred, check the ANI/ALI Viewer for details Attachment: N
Click here to return to the agenda.
12/20/2023 19:22:24 7976 Response [6] 62 YO MALE/ CONS/ RESP OK/ TOOK 8 CAPUSLES/ DIZZY/ 12/20/2023 19:22:44 7727 Response [7] AMBULANCE CODE 3 NOTIFICATION MADE 12/20/2023 19:23:31 7976 Response [8] TOOK PILLS TO HURT HIMSELF/ ETOH /NOT VIOLENT/ NO
WEAPONS
12/20/2023 19:24:53 7976 Response [9] CORRECTION PT WAS ALOC 12/20/2023 20:35:28 C2C1 Response (1 OJ [CADFUSION] The Call owned by OCFA has been closed.
Address Changes
Date Time Location/Address User
12/20/2023 19:23:51 / Beach Bl / Orangewood Ave A
Priority Changes
Date Time Changed from Priority Reason User
12/20/2023 19:39:36 1 default R
Alarm Level Changes
Date Time User Change to Alarm
12/20/2023 19:20:23 B 1
Activity Log
Date Time Radio Activity Location Log Entry User
12/20/2023 19:20:13 Incident in Waiting Queue
12/20/2023 19:20:13 ANI/ALI Statistics INT lnsert:Dec 20 2023 19:19:46 / INT 7976 SendNP:Dec 20 2023 19:19:46 / WS
RecvNP:Dec 20 2023 19:19:46 / WS
Process:Dec 20 2023 19:20:13
12/20/2023 19:20:13 SOP Updated Updated SOP information is available 7976 12/20/2023 19:20:13 Waiting Pending Incident Time Waiting Pending Incident Time Warning timer Warning expired
12/20/2023 19:20:13 Problem Nature Beach Bl / Orangewood Ave Incident problem nature changed from 7976 <Blank> to ALS-Overdose/lngestion
12/20/2023 19:20:13 Incident Transfer Beach Bl / Orangewood Ave Incident has been has been transferred, C2CSERVICE1 fusion ID 6583aeedb9080d85e6a80eb6
12/20/2023 19:20:13 Interface This incident 23-174709 has been sent to RIINT01PROm FATPOnCADFUSION via the CAD2CAD
Interface.
12/20/2023 19:20:14 Incident ACK received from Remote CAD C2C OCF-23-174709
12/20/2023 19:20:14 Read Comment Beach Bl / Orangewood Ave Comment for Incident 327 was marked as 7976 read.
12/20/2023 19:20:20 Read Incident Incident 327 was Marked as Read. 7073 12/20/2023 19:20:21 CAD WEB New Incident CAD WEB New Incident Sound Activated 12/20/2023 19:20:22 Initial Assignment The following unit(s) is (are) recommended for7727 assignment: E46 (00:02:00),M46
(00:02:02),AMB43 (*00:01 :06)
12/20/2023 19:20:23 E46 DISP Beach Bl / Orangewood Ave 7727 [MOTEL]
12/20/2023 19:20:23 M46 DISP Beach Bl / Orangewood Ave 7727 [MOTEL]
12/20/2023 19:20:23 AMB43 DISP Beach Bl / Orangewood Ave 7727 [MOTEL]
12/20/2023 19:20:23 Incident Command Channel Beach Bl / Orangewood Ave Command Channel 4C has been added. 7727 12/20/2023 19:20:23 Incident Primary TAC Channel Beach Bl / Orangewood Ave Primary TAC Channel 4D has been added. 7727 12/20/2023 19:20:23 Incident Alternate TAC Beach Bl / Orangewood Ave Alternate TAC Channel 40 has been added. 7727 Channel
12/20/2023 19:20:23 Incident Timer Clear Incident Timer Cleared 12/20/2023 19:20:25 Read Comment Comment for Incident 327 was Marked as 7073 Read.
12/20/2023 19:20:30 M46 Unit Assignment Notification ALLEY\MAIN ST M46 - assignment id 4458406. RIINT09PROm 12/20/2023 19:20:30 E46 Unit Assignment Notification ALLEY\MAIN ST E46 - assignment id 4458405. RIINT09PROm 12/20/2023 19:20:37 Westnet Preannouncements Beach Bl / Orangewood Ave Preannouncements completed for unit(s) STATIONALERCompleted E46,M46, in station(s) ORC46. 12/20/2023 19:20:41 E46 Update Vehicle Destination ALLEY\MAIN ST Update Unit Destination To Beach Bl / 7976 Orangewood Ave, APT 217 [MOTEL]
12/20/2023 19:20:41 M46 Update Vehicle Destination ALLEY\MAIN ST Update Unit Destination To Beach Bl / 7976 Orangewood Ave, APT 217 [MOTEL]
12/20/2023 19:20:41 AMB43 Update Vehicle Destination ORC46 Update Unit Destination To Beach Bl / 7976 Orangewood Ave, APT 217 [MOTEL]
12/20/2023 19:20:44 User Action User clicked ExiVSave 7727 12/20/2023 19:20:45 Read Comment Beach Bl / Orangewood Ave Comment for Incident 327 was marked as 7976 read.
12/20/2023 19:20:54 CARE CALL NATURE WITH MOTEL CARE AMB CALL NATURE WITH CODE: RIINT09PROm CODE OVERDOSE/POISONING (CODE 2)
12/20/2023 19:21 :12 E46 ER Beach Bl / Orangewood Ave, Responding From = ALLEY\MAIN ST. 5154 APT 217 [DIXIE MOTEL]
12/20/2023 19:21 :17 CAR5907 DISP Beach Bl / Orangewood Ave RIINT09PROm [DIXIE MOTEL]
12/20/2023 19:21 :22 M46 ER Beach Bl / Orangewood Ave, Responding From = ALLEY\MAIN ST. 3663 APT 217 [DIXIE MOTEL]
12/20/2023 19:21 :30 Read Comment Comment for Incident 327 was Marked as 7727 Read.
12/20/2023 19:21 :34 User Action User clicked ExiVSave 7727 12/20/2023 19:21 :47 SOP Updated Updated SOP information is available 7976 12/20/2023 19:21 :47 Problem Nature Beach Bl / Orangewood Ave Incident problem nature changed from ALS- 7976 Overdose/Ingestion to ALSBehavioral/Suicidal
12/20/2023 19:22:25 AMB43 AOR Beach Bl / Orangewood Ave RIINT09PROm [DIXIE MOTEL]
12/20/2023 19:22:25 Read Comment Beach Bl / Orangewood Ave Comment for Incident 327 was marked as 7976 read.
12/20/2023 19:22:42
12/20/2023 19:23:07
12/20/2023 19:23:20
12/20/2023 19:23:23
12/20/2023 19:23:28
12/20/2023 19:23:31
12/20/2023 19:23:33
12/20/2023 19:23:59
12/20/2023 19:23:59
12/20/2023 19:23:59
12/20/2023 19:24:00
12/20/2023 19:24:02
12/20/2023 19:24:10
12/20/2023 19:24:16
12/20/2023 19:24:43
12/20/2023 19:24:53
12/20/2023 19:25:06
12/20/2023 19:25:16
12/20/2023 19:25:18
12/20/2023 19:25:26
12/20/2023 19:25:27
12/20/2023 19:25:33
12/20/2023 19:28:01
12/20/2023 19:29:19
12/20/2023 19:32:36
12/20/2023 19:34:41
12/20/2023 19:34:43
12/20/2023 19:39:20
12/20/2023 19:39:36
12/20/2023 19:44:30
12/20/2023 19:44:30
12/20/2023 20:35:27
12/20/2023 20:35:27
12/20/2023 20:35:28
Edit Log
Date Time Field
CAR5907
CAR5907
M46
E46
E46
E46
M46
M46
CAR5907
E46
M46
CAR5907
CAR5907
CAR5907
CAR5907
CAR5907
12/20/2023 19:19:47 Call_Back_Phone
12/20/2023 19:19:47 Address
12/20/2023 19: 19:4 7 Jurisdiction
12/20/2023 19: 19:4 7 Division
12/20/2023 19: 19:4 7 Battalion
12/20/2023 19:19:47 Response_Area
CARE CALL NATURE WITH
CODE
User Action
Read Comment
User Action
ER
Read Comment
Read Comment
Update Vehicle Destination
Update Vehicle Destination
Update Vehicle Destination
Premise History Access
User Action
Premise History Access
User Action
User Action
Read Comment
OS
Read Comment
Route Deviation
User Action
Route Deviation
OS
OS
User Action
User Action
AOR
AOR
ERH
Incident Priority Change
OSH
Transport Time
AOR
Response Closed
Read Comment
Changed From Change
d To
DIXIE MOTEL CARE AMB CALL NATURE WITH CODE: RIINT09PROm PSYCHIATRIC TRANSFER (CODE 2)
User clicked Exit/Save 7727
Comment for Incident 327 was Marked as 7727
Read.
User clicked Exit/Save 7727
Beach Bl / Orangewood Ave Responding From = PARKING LOT RIINT09PROm [DIXIE MOTEL]
Beach Bl / Orangewood Ave Comment for Incident 327 was marked as 7976 read.
Comment for Incident 327 was Marked as 7976
Read.
PARKING LOT Update Unit Destination To 11632 BEACH BL, 7976 APT 217
BEACH BL\PINE WY Update Unit Destination To 11632 BEACH BL, 7976 APT 217
BEACH BL\PINE WY Update Unit Destination To 11632 BEACH BL, 7976 APT 217
Premise History Viewed 7976
User clicked Exit/Save 7727
Premise History Viewed 7727
User clicked Exit/Save 7727
User clicked Exit/Save 7834
11632 BEACH BL Comment for Incident 327 was marked as 7976 read.
11632 BEACH BL, APT 217 5154
[DIXIE MOTEL]
Comment for Incident 327 was Marked as 7975
Read.
BEACH BLVD\HYNES RD Unit E46 deviated from original driving 5154 directions route
User clicked Exit/Save 7975
BEACH BL\LA MONTE RD Unit M46 deviated from original driving 3663 directions route
11632 BEACH BL, APT 217 3663
[DIXIE MOTEL]
11632 BEACH BL RIINT09PROm
User clicked Exit/Save 7976
User clicked Exit/Save 7073
11632 BEACH BL, APT 217 Unit Cleared From Incident 23-174709 5154 [DIXIE MOTEL]
11632 BEACH BL, APT 217 Unit Cleared From Incident 23-174709 3663 [DIXIE MOTEL]
HOSP-WEST ANAHEIM RIINT09PROm
MEDICAL CENTER
Incident priority changed from 1 to AMB due RIINT09PROm to default
RIINT09PROm
Depart Scene Time: 19:39:20, Arrive RIINT09PROm
Destination Time: 19:44:30
3033 W ORANGE AVE RIINT09PROm
[HOSP-WEST ANAHEIM
MEDICAL CENTER]
DIXIE MOTEL Response Disposition: RIINT09PROm
11632 BEACH BL Comment for Incident 327 was marked as C2CSERVICE1 read.
Reason Table Workstation User
(Response Response_Master_lncident FA10 7976
Viewer)
(Blank) 33°
47'34.53"N / New Entry Response_Master_lncident FA10 7976 117°59'31.12"W
DIV? (Response Response_Master_lncident FA10 7976
Viewer)
DIV? (Response Response_Master_lncident FA10 7976
Viewer)
BAT0B (Response Response_Master_lncident FA10 7976
Viewer)
BBSTN (Response Response_Master_lncident FA10 7976
Viewer)
12/20/2023 19:19:47 ResponsePlanType0 0 (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:19:47 Address 33°
47'34.53"N / LA MONTE RD Entry Response_Master_lncident FA10 7976 117°59'31.12"W Selected/Returned
from GeoLocator
12/20/2023 19:19:47 Latitude 0 33792926 Entry Response_Master_lncident FA10 7976 Selected/Returned
from GeoLocator
12/20/2023 19:19:47 Longitude 0 117991979 Entry Response_Master_lncident FA10 7976 Selected/Returned
from GeoLocator
12/20/2023 19:19:47 Agency Name OCFA (Response Incident FA10 7976 Viewer)
12/20/2023 19:19:47 Call Back Phone (657) 352-3341 (Response Incident FA10 7976 Viewer)
12/20/2023 19:19:47 ASA: B-CARE (Response Incident FA10 7976 Viewer)
12/20/2023 19:19:47 Map Info D2216w (Response Incident FA10 7976 Viewer)
12/20/2023 19:19:47 1st DUE: ORC46 (Response Incident FA10 7976 Viewer)
12/20/2023 19:19:47 TB/SAM: 797J4 (Response Incident FA10 7976 Viewer)
12/20/2023 19:19:47 Township & Range S25T04SR11W (Response Incident FA10 7976 Viewer)
12/20/2023 19: 19:48 City STN Updated City Response_Master_lncident FA10 7976 12/20/2023 19:20:08 Address LA MONTE RD BEACH/ ORANGE Address Change Response_Master_lncident FA10 7976 12/20/2023 19:20:08 Latitude 33792926 33795643 Change Verified Response_Master_lncident FA10 7976 12/20/2023 19:20:08 Longitude 117991979 117992919 Change Verified Response_Master_lncident FA10 7976 12/20/2023 19:20:08 Address BEACH/ ORANGE BEACH BL / Change Verified Response_Master_lncident FA10 7976
ORANGEWOOD
AVE
12/20/2023 19:20:09 City STN Updated City Response_Master_lncident FA10 7976 12/20/2023 19:20:09 Jurisdiction DIV? (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:20:09 Division DIV? (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:20:09 Battalion BAT08 (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:20:09 Response_Area B8STN (Response Response_Master_lncident FA 10 7976 Viewer)
12/20/2023 19:20:09 ResponsePlanType 0 0 (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:20:09 ASA: B-CARE (Response Incident FA10 7976 Viewer)
12/20/2023 19:20:09 1st DUE: ORC46 (Response Incident FA10 7976 Viewer)
12/20/2023 19:20:09 TB/SAM: 797J3 (Response Incident FA10 7976 Viewer)
12/20/2023 19:20:09 Township & Range S26T04SR11W (Response Incident FA10 7976 Viewer)
12/20/2023 19:20:13 Problem ALS- (Response Response_Master_lncident FA10 7976 Overdose/Ingestion Viewer)
12/20/2023 19:20:13 ASA: B-CARE (Response Incident FA10 7976 Viewer)
12/20/2023 19:20:13 1st DUE: ORC46 (Response Incident FA10 7976 Viewer)
12/20/2023 19:20:13 TB/SAM: 797J3 (Response Incident FA10 7976 Viewer)
12/20/2023 19:20:13 Township & Range S26T04SR11W (Response Incident FA10 7976 Viewer)
12/20/2023 19:20:14 Unread Comment False True (Response Incident FA10 7976 Viewer)
12/20/2023 19:20: 16 Apartment 8712F95 (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:20:21 Read Call False True (Response Response_Master_lncident FA08 7073 Viewer)
12/20/2023 19:20:23 Location_Name MOTEL (Response Response_Master_lncident FA 10 7976 Viewer)
12/20/2023 19:20:23 Command Channel 4C (Response Incident FA03 7727 Viewer)
12/20/2023 19:20:23 Primary TAC 4D (Response Incident FA03 7727 Channel Viewer)
12/20/2023 19:20:23 Alternate TAC 40 (Response Incident FA03 7727 Channel Viewer)
12/20/2023 19:20:25 Read Comment False True (Response Response_Master_lncident FA08 7073 Viewer)
12/20/2023 19:20:41 Apartment 217 (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:20:45 Unread Comment False True (Response Incident FA10 7976 Viewer)
12/20/2023 19:21 :03 Location_Name MOTEL DIXIE MOTEL (Response Response_Master_lncident FA 10 7976 Viewer)
12/20/2023 19:21 :30 Read Comment False True (Response Response_Master_lncident FA03 7727 Viewer)
12/20/2023 19:21 :47 Problem ALS- ALS- (Response Response_Master_lncident FA10 7976 Overdose/Ingestion Behavioral/Suicidal Viewer)
12/20/2023 19:22:25 Unread Comment False True (Response Incident FA10 7976 Viewer)
12/20/2023 19:23:20 Read Comment False True (Response Response_Master_lncident FA03 7727 Viewer)
12/20/2023 19:23:31 Unread Comment False True (Response Incident FA10 7976 Viewer)
12/20/2023 19:23:33 Read Comment False True (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:23:51 Address Beach Bl / 11632 BEACH Address Change Response_Master_lncident FA10 7976 Orangewood Ave
12/20/2023 19:23:51 Address Beach Bl / 11632 BEACH BL (Response Response_Master_lncident FA10 7976 Orangewood Ave Viewer)
12/20/2023 19:23:51 Latitude 33795643 33793608 (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:23:51 Longitude 117992919 117992750 (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:23:51 Street_ld 4081152 1980300 (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:23:51 lntersectionStreetl D408114 7 NULL (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:23:51 Location_ Name DIXIE MOTEL (Response Response_Master_lncident FA10 7976 Viewer)
12/20/2023 19:23:51 Cross_Street
12/20/2023 19:23:51 Apartment
12/20/2023 19:23:51 Address
12/20/2023 19:23:51 ASA:
12/20/2023 19:23:51 1st DUE:
12/20/2023 19:23:51 TB/SAM:
12/20/2023 19:23:51 Township & Range
12/20/2023 19:23:59 Apartment
217
11632 BEACH
12/20/2023 19:24:45 Location_Name
12/20/2023 19:24:53 Unread Comment False
12/20/2023 19:25:16 Read Comment False
12/20/2023 19:29:16 Caller_Name
12/20/2023 19:39:36 Priority_Description 1
12/20/2023 19:39:36 Priority_Number 1
12/20/2023 20:35:28 Unread Comment False
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Response_Master_lncident FA10 7976
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Response_Master_lncident FA10 7976
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Hello members of the planning commission and fellow community members, I'm Dr. Deepa Patel, the owner of the Dixie Orange County Hotel located at 11632 Beach Blvd. Today, I stand before you to address concerns raised against my property, depicting it as a hub of extensive criminal activity and public nuisances with worsening conditions. It's disheartening to see our community grapple with pervasive issues of crime and nuisance filtering onto my property, making me a victim of unaddressed negligence.
In a recent crime mapping report sourced from crimemapping.com and crimegrade.org, the city of Stanton received a D+ in overall crime grade. Over the past six months, out of the 720 incidents reported, only 19 occurred on the block where the Dixie is situated, representing less than 2.6% of the city's overall crimes. It's crucial to note that crimes related to our property predominantly involve trespassers and the homeless. A tragic example occurred in 2021 when a homeless individual walked onto our property, possibly feeling unwell, and unfortunately passed away near the pool.
As a business owner, taxpayer, and community member, hoteliers like myself rely on law enforcement for support in creating a safer environment for our patrons.
However, the fear of losing our zoning has become a real concern due to information received from the city. In response, I've been compelled to hire my own 24/7 patrol company, divertin$ resources from my employees and patrons to ensure the safety of our property.
The Dixie OC serves as a provider of affordable daily rentable rooms for tourists, corporate travelers, and local community members in transition. Whether individuals are awaiting housing arrangements, credit repairs, or simply seeking a brief respite, our policy strictly adheres to a no-discrimination stance as long as proper payment and government ID are provided. We aim to offer a safe and clean space for our guests to rest, but issues arising from a patron's criminal background or actions outside our property are beyond our control. If our guests cause disturbances, we should have the right to call law enforcement for assistance.
The Dixie Hotel finds itself a victim of the broader crime element prevalent in the streets of Stanton. Issues such as drug-related incidents, noise disturbances, Attachment: O
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homelessness, voyeurism, loitering, safety concerns, inappropriate and harassing behavior, illegal activities, robberies, murders, prostitution, and human trafficking extend far beyond our property line. I urge you to withhold your decision today and collaborate with me, along with other local hotels and businesses, to address these community-wide problems.
Thank you for your attention and consideration.
Attachment: P
Planning Commission Audio Recording (Link): • www.StantonCA.gov/Agendas_Minutes/PlanningCommission/12_20_2024/More/ AudioRecording
Attachment: P
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CITY OF STANTON
APPEAL FORM AND HANDOUT
City Clerk's Office
7800 Katella Avenue, Stanton, CA 90680
Phone: (714) 379-9222 Fax: (714) 890-1443
An appeal shall be filed within ten (10) calendar days after the final action of the Planning Commission.
APPEAL OF: J:81 Planning Commission Decision ($2,185 fee) D Other: _________ ($2,185 fee) Type of Permit (example: Conditional Use Permit): Pe-ell? it iu ¢feorle n,of..d Address of Project: l / k2l 13�4Cb Bl,ol S'•kuJon CA '1Q6 tD
APPELLANT INFORMATION
Permit Number: r 5 'f
Decision Date: l'?../zo/ a • zoz.3
Name of Applicant (Appellant): +. ' i' • LLC. t>!?l +fosf;tq( Cly Mailing Address
Telephone Number: Email:
In what capacity is the appellant filing? �Recorded Property Owner PROPERTY OWNER INFORMATION (lF KNOWN)
J.
Mailing Address:
Telephone Number: Email:
CA olop:b'o" oC- re sol ufiot> #: Z GG 2... h, I ¼:e.- fkin111h3 Co,.,n,lss.,b� revok,'oJ flonnr'"' coNZmC:Sx�-v, a5q/v./tb11 #8:�C�ic h c,yircovec/ Describe the Purpose for Your Appeal (be specific): precJS e. p la a of /?- 'f �) L;
APPLICANT CERTIFICATION:
I hereby certify that all information contained in this application is, to the best of my knowledge, true and correct. FALSE
OR MISLEADING INFORMATION GIVEN IN THIS APPL/CATION SHALL BE GROUNDS FOR DENYING APPL/ • ost required public notices.
,------- Date:__,__/ 7...__,,,,__/_2_8,.,_/=--Z.._(!)_Z......::;;>;____ Office use only: Account Number: 101.0000.433285 October 2018 Attachment: Q
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CITY OF STANTO
�
N A LAW OFFICES
_ 024 �\\)• FRANK A. WEISER JAN 2 2 3460 Wilshire Boulevard, Suite 1212
CITY CLERK'S OFFICE
Member of the Bar
United States Supreme Court
United States Court or Appeals for Third Circuit
United States Couct of Appeals for Fourth Circuit
United States Court or Appeals for Firth Circuit
United States Court of Appeals for Sheth Orcult
United States Court or Appeals for Eighth Circuit
United States Court of Appeals for Ninth Orcuit
United States Court or Appeals for Tenth Circuit
United States Ta>C Court.
Master of Law In Ta,catfon
Los Angeles, California 90010
December 28, 2023
.BY-RERSONALDELIW.ERY-AND.a.E�MAIL
Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: pvazq [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
Refer To FIie No.
California One Hospitality LLC, Megha Hospitality,
LLC/City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
Dear Ms. Vazquez:
I represent Deepa Patel, California One Hospitality LLC, and Megha Hospitality, LLC, the owners and operators of the Dixie Orange County Hotel located at 11632 Beach Blvd., Stanton, CA.
Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
California One Hospitality LLC, Megha Hospitality,
LLC/ City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
December 28, 2023
(By Personal Delivery and E-Mail)
'
My clients request an immediate appeal of the City of Stanton Planning Commission Resolution No. 2662, which revoked of Planning Commission Resolution No. 859 (which approved Precise Plan of Design P-435) for their property commonly known as the Dixie Orange County Motel located at 11632 Beach Blvd., Stanton, CA ("Motel").
The grounds for the appeal are as follows:
The revocation is oppressive and disproportionate, and in violation of due process, as there is no evidence that my clients have ever been cited for criminal or administrative fines in the past at the motel. See Bauer v City of San Diego, 75 Cal.App.4th 1281 (1999).
Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
California One Hospitality LLC, Megha Hospitality,
LLC/ City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
December 28, 2023
(By Personal Delivery and E-Mail)
In Bauer, the appellate court held that "in order to justify the interference with the constitutional right to carry on a lawful business it must be clear the public interests require such interference and that the means employed are reasonably necessary to accomplish the purpose and are not unduly oppressive on individuals." Id., at pg.1294.
The court went on to hold that since revocation of a permit or license could place an owner or operator out of business, "whenever alternative remedies can achieve the same goal; such as imposition of additional conditions or controls, these avenues ought to be pursued if feasible." Id., at pg.1294.
The Planning Commission did not even consider alternative conditions in lieu of revocation, and revoked the permit in the first instance. This was legal error and a violation of substantive due process, equal protection under the law, Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
Califor,nia One Hospitality LLC, Megha Hospitality,
LLC/ City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
December 28, 2023
Page4
(By Personal Delivery and E-Mail)
and constitutes an unlawful taking of property under the United States Constitution's Fifth Amendment Takings Clause.
The motel is not operating as a nuisance and the evidence used by the Planning Commission was unsubstantiated hearsay, and used redacted police reports and calls for service in violation of my clients' procedural due process rights.
The revocation is clearly retaliatory in violation of my clients' First Amendment constitutional rights under the Petition and Grievances Clause. It is beyond dispute that my clients, and in particular the owner Deepa Patel and California One Hospitality LLC, have applied to the City to build an addition of 14 new units to the existing hotel which has 36 units ("Project"). The project is entitled Site Plan and Design Review No. SPDR-816.
Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
California One Hospitality LLC, Megha Hospitality,
LLC/ City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
December 28, 2023
(By Personal Delivery and E-Mail)
The project that my clients were requesting from the City constitutes classic petitioning activity under the First Amendment's Petition and Grievances Clause. See Sorrano's Gasco, Inc. v Morgan. 874 F.2d 1310, 1314 (9th Cir. 1989) ("The right of access to the courts [and administrative bodies] is subsumed under the First Amendment to petition the government for redress of grievances.") (collecting Supreme Court and federal circuit authority for the same proposition).
In Sorrano's Gasco, the timing and nature of the suspension and notice of the permits suspension were considered "suspicious" and raised an issue of retaliation. Id., 874 F.2d at 1316. The same is the case here, as they were given citations followed shortly after the project was initiated by my clients, and the City instead of addressing the normal project review began to make unfounded allegations of the hotel operating as a public nuisance.
Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
California One Hospitality LLC, Megha Hospitality,
LLC/ City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
December 28, 2023
(By Personal Delivery and E-Mail)
My clients placed a gate at the hotel was upon the request of the City and various City officials. The hotel is not in violation of any municipal, state or federal law. The hotel has never, and is not at present operated as a public nuisance under the ownership and operations of my clients. My clients then appealed the citations and this revocation proceeding followed.
The citations and this revocation are retaliatory and were made because of my clients disputing the City's allegations of the hotel operating as a public nuisance.
Further, City officials have made threats as to enforcement actions the City may take against my clients and the hotel. Under well established Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
California One Hospitality LLC, Megha Hospitality,
LLC/ City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
December 28, 2023
(By Personal Delivery and E-Mail)
Supreme Court and Ninth Circuit authority, the threats made by City officials also violates the First Amendment.
I emphasize here that such threats are clear evidence of the retaliatory motive that is underlying the City's actions and the issuance of the citations.
Further, the City has, and is targeting my clients and the hotel. City law enforcement have been entering the hotel on a daily basis approximately three to five times a day, without a warrant or consent, harassing the hotel guests, and at times blocking access to the hotel, and even entering the locked Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
California One Hospitality LLC, Megha Hospitality,
LLC/ City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
December 28, 2023
Page8
(By Personal Delivery and E-Mail)
guest units by force without a warrant or consent.
This is in violation of the Fourth Amendment. See Michigan v Tyler. 436 U.S. 499, 504-07 (1978); Connorv City of Santa Ana, 897 F.2 d 1487, 1490 (9 th Cir. 1990) {"It is clear that the warrant requirement of the Fourth Amendment applies to entries onto private land to search for and abate suspected nuisances."). This is also a violation under the recently revived "common law trespassory test" regardless of an expectation of privacy." See Florida v Jardines, 569 U.S. 1 (2013).
Under the privacy prong of the Fourth Amendment the continuous surveillance and entry onto my clients' hotel, without a warrant or consent, is a violation of the Fourth Amendment. See United States v Jones, 565 U.S. 400 , 418- Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
California One Hospitality LLC, Megha Hospitality,
LLC/ City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
December 28, 2023
(By Personal Delivery and E-Mail)
23 (2012) (J. Alito concurring in the judgment); Carpenter v United States, 595 U.S. _, 138 S.Ct. 2206 (2018).
The citations and the continuous entry onto the hotel is also overenforcement by the City which is in violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. See Squaw Valley Dev. Co. v Goldberg, 375 F.3d 936,944 (9th Cir. 2004), overruled on other grounds by Lingle v Chevron, U.S.A .• Inc., 544 U.S. 528 (2005); see also N. Pacifica LLC v City of Pacifica, 526 F.3d 478,486 (9th Cir. 2008).
The police reports and evidence used at the Planning Commission hearing, being in violation of the Fourth Amendment, should not have been used against my clients.
Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
California One Hospitality LLC, Megha Hospitality,
LLC/ City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
December 28, 2023
(By Personal Delivery and E-Mail)
Further, certain Planning Commission members made very
deprecatory remarks against my clients and myself at the hearing which violates their due process rights, and vitiates the legal integrity of the proceedings. See Stivers v Pierce, 71 F.3d 732 {9th Cir. 1995).
In conclusion, my clients respectfully request an appeal and reversal of the revocation and Planning Commission Resolution No. 2662 to the City Council, or whatever administrative body is required to hear the appeal.
Patricia Vazquez
City Clerk
City of Stanton
7800 Katella Ave.
Stanton, CA 90680
E-Mail: [email protected]
Re: Appeal of City of Stanton Planning Commission
Revocation of Planning Commission Resolution
No. 859 (which approved Precise Plan of
Design P-435) /My Clients: Deepa Patel,
California One Hospitality LLC, Megha Hospitality,
LLC/ City of Stanton Planning Commission Resolution
No. 2662/Dixie Orange County located at
11632 Beach Blvd., Stanton, CA
December 28, 2023
(By Personal Delivery and E-Mail)
I can be reached directly at
cc: Clients
Attorney at Law
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 23, 2024
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 TOBACCO
RETAILER BUSINESS, AS DEFINED, AND TEMPORARY
MORATORIUM ON ANY EXPANSION, ENLARGEMENT, AND/OR
ALTERATION OF ANY EXISTING TOBACCO RETAILER BUSINESSES
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 identified ongoing violations among local tobacco retailers that continue to sell flavored tobacco products in violation of Senate Bill 793 (“SB 793”) and the Stanton Municipal Code (“SMC”). The persistence of these sales not only violates State law but also impedes SB 793’s core objective of reducing the prevalence of adolescent tobacco use throughout California.
To safeguard youth and curb illegal tobacco sales within the City, the City Council is asked to consider an interim urgency ordinance to temporarily prohibit the establishment of “tobacco retailers,” as defined, below, and/or the expansion, enlargement, or alteration of existing tobacco retailers 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 ACTION:
1. City Council find that the proposed urgency ordinance is: Not a “project” within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines (Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change in the environment, directly or indirectly and is 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 Item: 10B
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2 activity in question may have a significant effect on the environment; and
2. Adopt Urgency Ordinance No. 1138, 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 TOBACCO
RETAILER BUSINESS, AS DEFINED, AND A TEMPORARY
MORATORIUM ON ANY EXPANSION, ENLARGEMENT, AND/OR
ALTERATION OF ANY EXISTING TOBACCO RETAILER BUSINESS
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. California Business and Professions Code section 22971.3 also authorizes cities to implement local tobacco licensing laws in alignment with state law. The City currently regulates the sale of tobacco products and licensing of tobacco retailers through Chapters 5.66 and 5.67 of the SMC.
This interim urgency ordinance applies exclusively to retailers within the City meeting the criteria of a “tobacco retailer,” which means any individual, business, or entity that sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia, and that has at least fifty percent of tobacco, tobacco products, or tobacco paraphernalia as the retailer’s regular stock in trade, as displayed for sale or exchange, in the retail establishment (hereinafter, “Subject Tobacco Retailers”). This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia actually sold or exchanged.
Amidst continued public health and safety concerns, particularly regarding the sale of tobacco to minors and its adverse impact on public health, there is a pressing need for the City to reevaluate and update these regulations. Several key initiatives in California highlight the ongoing challenges posed by tobacco retailing, especially in its influence on adolescent tobacco consumption.
SB 793, enacted in 2020 with the aim of reducing youth tobacco use, banned the sale of flavored tobacco products statewide. The importance of this measure was further validated when California voters approved Proposition 31 in the November 2022 election to uphold the ban on flavored tobacco sales. Enforced under California Health and Safety Code section 104559.5, this legislation explicitly empowers local governments to enact even stricter tobacco access restrictions than those outlined in the statute. Complementing this critical health initiative, the California Legislature 3 adopted Assembly Bill 935 in 2023 to bolster the enforcement mechanisms of the flavored tobacco ban. Some municipalities, like the City of Santa Monica, have adopted stringent anti-smoking ordinances, including bans on smoking in specific public areas and near multi-unit housing entrances.
1 Despite initiatives targeting flavored tobacco use among minors, recent CDC data reveals a persistent challenge: 12.6% of high school students and 6.6% of middle school students reported current use of tobacco products.2 E-cigarettes continue to be the most prevalent tobacco product among these age groups for the tenth consecutive year. Among those currently using e-cigarettes, 89.4% used flavored tobacco products.
Additionally, CDC findings suggest a strong tendency for youths who experiment with ecigarettes to remain users. The sustained popularity of e-cigarettes and flavored tobacco among young people is a significant concern presenting immediate health risks and potential long-term consequences for public health and safety.
In recent inspections of vape and smoke shops by the City, it was found that five out of 11 shops continued to sell flavored tobacco products in violation of SB 793 and the Stanton Municipal Code. These ongoing sales pose a significant threat to community health, particularly impacting minors who are more likely to be enticed by flavored tobacco products. The alarming number of tobacco retailers violating local and state laws regarding the sale of flavored tobacco products within the City’s jurisdiction indicate a need for the City to immediately strengthen its enforcement strategies and licensing protocols.
Given these circumstances, the City Council recognizes the urgent need to address this public health issue. The proposed moratorium on Subject Tobacco Retailers aims to tackle the immediate concerns of increased accessibility and the attractiveness of tobacco products to the City's youth. The moratorium will provide the City with the necessary time to assess the current situation, evaluate the effectiveness of existing regulations, and consider the implementation of more robust measures to protect the community. By temporarily halting the establishment of Subject Tobacco Retailers, the City also seeks to curb the ongoing trend of tobacco use among teens and mitigate its associated health risks. The City does not seek to expand or reduce the degree to which the acts regulated by state or federal law are criminally proscribed, or to alter state or federal penalties for violations.
ANALYSIS/JUSTIFICATION:
Chapter 5.66 of the SMC, last revised in 2000, regulates the sale of tobacco products 1 Santa Monica Municipal Code § 4.44.020(a).
2 CDC, Tobacco Product Use Among U.S. Middle and High School Students — National Youth Tobacco Survey, 2023 (Nov. 3, 2023)
https://www.cdc.gov/mmwr/volumes/72/wr/mm7244a1.htm#:~:text=In%202023%2C%2010.0%25%20of%20middle%20and%20high %20school%20students%20(,to%201.97%20million%20in%202023. 4 and outlines conduct prohibited by tobacco retailers within the City. Under Chapter 5.67, updated in 2019, it is mandatory for Subject Tobacco Retailers to obtain a valid registration to operate within the City. With the current background in mind, City staff intends to propose revisions to these chapters to include, among other things, additional operational standards and other pertinent revisions aimed at reducing the unlawful sale of flavored tobacco products. The application of zoning regulations to tobacco retailers will also require time for further research and analysis.
If this interim urgency ordinance is enacted by the Council, then staff would review all the applicable Municipal Code regulations imposed on Subject Tobacco Retailers and would provide the Council with a comprehensive analysis and recommendations intended to protect the public safety, health, and welfare of the community, especially minors. The City will also reserve the right to suspend or revoke any existing permit, license, or other entitlement for Subject Tobacco Retailer-related businesses under its existing standards while the moratorium is in effect.
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 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 effects of tobacco use.
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 Subject Tobacco Retailer business, use, or operation would be able to establish within the City.
2. No existing Subject Tobacco Retailer 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, 5 permit, or approval for the establishment, expansion, enlargement, or alteration of any Subject Tobacco Retailer 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 action.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of 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:
Public notice for this item was made through the regular agenda process.
STRATEGIC PLAN OBJECTIVES ADDRESSED:
Obj. No. 1: Provide a safe community.
Obj. No. 5: Provide a high quality of life.
Prepared by: HongDao Nguyen, City Attorney
Reviewed by: James Wren, Director of Public Safety
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. Interim Urgency Ordinance No. 1138
INTERIM URGENCY ORDINANCE NO. 1138
PAGE 1 OF 5
INTERIM URGENCY ORDINANCE NO. 1138
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA ESTABLISHING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OF ANY NEW TOBACCO RETAILER BUSINESS, AS DEFINED,
AND A TEMPORARY MORATORIUM ON ANY EXPANSION, ENLARGEMENT,
AND/OR ALTERATION OF ANY EXISTING TOBACCO RETAILER BUSINESS 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 violations among local tobacco retailers that continue to sell flavored tobacco products in violation of state law and Stanton Municipal Code (“SMC”) section 5.67.030(H); and
WHEREAS, recent data from the Centers for Disease Control and Prevention reveals that 10% of middle school and high school students were active tobacco users in 2023.
E-cigarettes remain the most used tobacco product by this population with an alarming
89.4% of current e-cigarette users reporting use of flavored tobacco products; and WHEREAS, tobacco retailers where unlawful activities are not curtailed pose substantial and immediate threats to the health, safety, and welfare of the Stanton community, particularly to the City’s youth. These detrimental effects encompass, among other things (1) increased likelihood of youth addiction due to the appeal of flavored tobacco products; (2) elevated exposure of minors to tobacco-related health risks, including respiratory diseases and the potential for long-term dependency; and (3) undermining public health initiatives aimed at curbing tobacco use among adolescents; and WHEREAS, Chapters 5.66 and 5.67 of the SMC regulate the sale of tobacco products, mandate tobacco retailers to register with the City before engaging in the sale of tobacco products, and establishes mandatory operational standards for such retailers.
However, these provisions need to be comprehensively revised and updated to address the sale of flavored tobacco products 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 Attachment: A
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INTERIM URGENCY ORDINANCE NO. 1138
PAGE 2 OF 5
WHEREAS, due to the unlawful sale of flavored tobacco products being predominantly observed in smoke and vape shops that specialize in the sale of tobacco products or tobacco paraphernalia, this Interim Urgency Ordinance shall apply exclusively to those businesses classified as a “tobacco retailer” as defined as any individual, business, or entity that sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia, and that has at least fifty percent of tobacco, tobacco products, or tobacco paraphernalia as the retailer’s regular stock in trade, as displayed for sale or exchange, in the retail establishment (hereinafter, “Subject Tobacco Retailers”). This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia actually sold or exchanged; and
WHEREAS, City staff in collaboration with the City Attorney's office are conducting research to understand the impacts of Subject Tobacco Retailers 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, youth, 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 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.
INTERIM URGENCY ORDINANCE NO. 1138
PAGE 3 OF 5
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 Subject Tobacco Retailer business, use, or operation may be established in the City; and
B. No existing Subject Tobacco Retailer 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 Subject Tobacco Retailer 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 or as otherwise required by applicable federal, State, or local law.
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 of this Interim Urgency Ordinance 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 Subject Tobacco Retailers where the unsafe 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, the heightened risk of youth addiction to nicotine and tobacco products, increased exposure of the community to tobacco-related health issues, and the undermining of public health efforts aimed at reducing tobacco use, especially among minors. 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.
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.
INTERIM URGENCY ORDINANCE NO. 1138
PAGE 4 OF 5
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 23rd day of January, 2024.
DAVID J. SHAWVER, MAYOR
ATTEST:
PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
INTERIM URGENCY ORDINANCE NO. 1138
PAGE 5 OF 5
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. 1138 was duly introduced and adopted at a regular meeting of the City Council held on the 23rd day of January, 2024, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
RECUSED: COUNCILMEMBERS:
PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 23, 2024
SUBJECT: CYPRESS COLLEGE FOUNDATION ANNUAL AMERICANA AWARDS REPORT IN BRIEF:
City Council will consider participation through a sponsorship contribution for the 49th Annual Cypress College Foundation Americana Awards scheduled for Saturday, March 16, 2024. The awards ceremony serves as a fundraiser for the Cypress College Foundation with all proceeds benefiting Cypress College students and programs and honors the Citizens of the Year from surrounding communities. This year Mr. Rigoberto A. Ramirez has been selected and will be honored as the City of Stanton’s Citizen of the Year.
RECOMMENDED ACTION:
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. Approve the City’s participation through a sponsorship contribution for the 49th Annual Cypress College Foundation Americana Awards; and
3. Discuss and direct staff to proceed with the selection and purchase of either Option 1:
the Benefactor Sponsorship at a cost of $3,500 which includes registration for ten (10) and a half-page color donor acknowledgement in the American Program or Option 2:
the purchase of ten (10) individual registrations at a cost of $300 per registration for a total cost of $3,000.
BACKGROUND:
The 49th Annual Cypress College Foundation Americana Awards ceremony will be held on March 16, 2024, at the Westin Anaheim Resort. Annually each surrounding City has had the opportunity to honor an individual who has made a significant contribution to their community as Citizen of the Year. This year Mr. Rigoberto A. Ramirez has been selected and will be honored as the City of Stanton’s Citizen of the Year.
Item: 12A
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2 ANALYSIS/JUSTIFICATION:
Historically the City Council has participated in the Cypress College Foundation Americana Awards ceremony. The ceremony is a fundraiser for the Cypress College Foundation with all proceeds benefiting Cypress College students and programs.
FISCAL IMPACT:
The participation cost for the City’s sponsorship contribution to the event is available from the City Council’s Travel / Conference / Meeting Expense account number 101-1100- 607110.
ENVIRONMENTAL IMPACT:
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).
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.
PUBLIC NOTIFICATION:
Through the normal agenda process.
Prepared by: Patricia A. Vazquez, City Clerk
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:
A. Cypress College Foundation Save the Date / Sponsorship Opportunities https://interland3.donorperfect.net/weblink/weblink.aspx?name=E352103&id=70 1/5 Step 1: Select Registration Options
Registration Options Contact Information Verification Payment Registration for Credit Card Payment Only
If you'd like to pay by check, please click here to register. (http://weblink.donorperfect.com/AA2024_Check)
Other Form Links:
Americana Opportunity Drawing (http://weblink.donorperfect.com/AA2024_Drawing) Americana Auction Donation Form (https://form.jotform.com/kummerman/americanaauction-donation-form) Platinum Sponsor $20,000
Attachment: A
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https://interland3.donorperfect.net/weblink/weblink.aspx?name=E352103&id=70 2/5 Registration for 10. Full-page color donor acknowledgment in superior location in Americana Program, recognition on website and during the event. Identified on Cypress College marquee. $20000.00
Registration for 10. Full-page color donor acknowledgment in prime location in Americana Program, recognition on website and during the event. Includes all Corporate Level President’s Circle Benefits for year-long recognition and events.
$15000.00
Registration for 10. Full-page color donor acknowledgment in prime location in Americana Program, recognition on website and during the event.
$10000.00
Registration for 10. Full-page color donor acknowledgment in Americana Program, recognition on website and during the event.
President's Circle Sponsor $15,000
Patriot Sponsor $10,000
Founder Sponsor $5,000
https://interland3.donorperfect.net/weblink/weblink.aspx?name=E352103&id=70 3/5 $5000.00
Registration for 10. Half-page color donor acknowledgment in Americana Program. $3500.00
Full-page color donor acknowledgment in Americana Program. $2000.00
Half-page color donor acknowledgment in Americana Program. $1000.00
Benefactor Sponsor $3,500
Spirit Sponsor $2,000
Patron Sponsor $1,000
Star Sponsor $850
https://interland3.donorperfect.net/weblink/weblink.aspx?name=E352103&id=70 4/5 Registration for two and Americana Program listing.
$850.00
One Americana registration. Includes free self-parking.
Quantity
0 x $300.00 = 0.00
For Cypress College employees and a significant other. Includes free self-parking. # of Individual Tickets
0 x $200.00 = 0.00
Amount
Individual Registration $300
Individual Registration (Cypress College
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1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 23, 2024
SUBJECT: OPPOSITION TO STATE BALLOT INITIATIVE 21-0042A1, THE
TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY
ACT
REPORT IN BRIEF:
The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. The measure puts billions of local government tax and fee revenues at risk statewide along with the provision and delivery of related core public services.
RECOMMENDED ACTION:
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. City Council adopt Resolution No. 2024-01 opposing State Ballot Initiative 21- 0042A1, the “Taxpayer Protection and Government Accountability Act”, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA TO OPPOSE INITIATIVE 21-0042A1”.
BACKGROUND AND DISCUSSION:
In 2018, the "Tax Fairness, Transparency and Accountability Act" was being circulated to qualify for the November 2018 ballot. If passed, this initiative would have drastically limited local revenue authority. Through the successful work and advocacy of municipalities and the League of California Cities ("Cal Cities"), the measure's proponents withdrew the initiative from the June 2018 ballot.
Item: 12B
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2 On January 4, 2022, the California Business Roundtable filed Initiative No. 21-0042A1, known as the "Taxpayer Protection and Government Accountability Act." This current measure is far more detrimental to cities than the previous measure filed in 2018, because it would decimate vital local and state services to the benefit of large corporations.
On February 3, 2022, the Attorney General of California prepared the following title and summary of the chief purpose and points of the proposed measure. The title reads:
Limits Ability of Voters and Local Governments to Raise Revenues for Government.
The Attorney General's summary of the initiative is as follows:
• For new or increased state taxes currently enacted by two-thirds vote of Legislature, also requires statewide election and majority voter approval. • Limits voters' ability to pass voter-proposed local special taxes by raising the vote requirement to two-thirds.
• Eliminates voters' ability to advise how to spend revenues from proposed general tax on same ballot as the proposed tax.
• Expands definition of "taxes" to include certain regulatory fees, broadening application of tax approval requirements.
• Required Legislature or local governing body set certain other fees.
In response to the proposed Initiative, Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates and businesses strongly oppose this initiative. As stated in Cal Cities legal analysis (Attachment A), Initiative No. 21-0042A1 limits voters' authority, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold violators of state and local laws accountable. This measure would create several consequences for local governments and local voters, including, but not limited to the following:
• Limits voter input by prohibiting voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures; and • Establishes new standards for fees and charges paid for the use of local and state government property, which may significantly restrict the amount oil, gas, trash collection, and cable companies pay for the use of local public property; and
• Restricts the authority of state and local governments to issue fines and penalties for violations of laws; and
• Restricts local tax authority to provide local services by requiring voter approval to expand existing taxes (e.g. Utility User Tax, Use Tax, Transient Occupancy Tax) to new territory (e.g. annexation) or expanding the base (e.g. new utility service) and requiring that new taxes can be imposed only for a specific period of time.
3 If passed, Initiative 21-0042A1 has the potential to jeopardize vital local and state services by risking billions of dollars currently dedicated to critical state and local services and potentially forcing cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. It also has the potential to reduce funding for critical infrastructure like streets, roads, public transportation, drinking water, new schools, sanitation, and utilities. As a result, Cal Cities is requesting the City Council adopt a resolution opposing the Taxpayer Protection and Government Accountability Act (Attachment B), to demonstrate how harmful this measure would be to the community and the State of California.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ENVIRONMENTAL IMPACT:
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).
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Through the regular agenda process.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.
Prepared by: Patricia A. Vazquez, City Clerk
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. League of California Cities Legal Analysis
B. City Council Resolution No. 2024-01
The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.
Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.
Restricting Local Fee Authority to Provide Local Services • Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
Attachment: A
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Restricting Local Tax Authority to Provide Local Services • Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.
Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.
RESOLUTION NO. 2024-01
RESOLUTION NO. 2024-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA TO OPPOSE INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.
NOW, THEREFORE, THE CITY OF STANTON HEREBY OPPOSES INITIATIVE 21- 0042A1 AND ORDERS AS FOLLOWS:
1. The City of Stanton will join the no on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.
2. Direct staff to e-mail a copy of this adopted resolution to the League of California Cities at [email protected].
ADOPTED, SIGNED AND APPROVED this 23rd day of January, 2024. _____________________________________
DAVID J. SHAWVER, MAYOR
Attachment: B
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RESOLUTION NO. 2024-01
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. 2024-01 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 January 23, 2024 and that the same was adopted, signed and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
City Council Initiated
Items 15D – 15E – 15F – 15G
15D: “DISCUSSION REGARDING CREATION OF AN ORDINANCE
ALLOWING FOR THE USE OF FIREWORKS DURING CULTURAL
EVENTS/HOLIDAYS ALONG WITH A SOCIAL HOST ORDINANCE”
15E:
“DISCUSSION REGARDING THE CITY’S IN-HOUSE TRAFFIC
COMMITTEE”
15F:
“DISCUSSION REGARDING CONTRACT PARKING ENFORCEMENT”
15G:
“DISCUSSION REGARDING EXPLORING ALTERNATIVE OPTIONS
FOR THE TINA/PACIFIC DEVELOPMENT”
(These items do not contain a staff report)
Items: 15D/15E/15F/15G
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