Special and Joint Regular Meeting – July 9, 2024 - Page 1 of 11
MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY OF THE CITY OF STANTON MEETING JULY 9, 2024
SPECIAL CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (5:30 PM)
JOINT REGULAR CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (6:30 PM)
1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 5:30 p.m. by Mayor / Chairman Shawver.
2. ROLL CALL
Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Van, Mayor Pro Tem/Vice Chairperson Warren, and Mayor/Chairman Shawver.
Absent: None.
Excused: None.
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.
4. CLOSED SESSION
The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 5:31 p.m. for discussion regarding:
4A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1
4B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Attorney
Special and Joint Regular Meeting – July 9, 2024 - Page 2 of 11 4C. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1
Case Name: Tina Pacific Residents Association, et al. v. City of Stanton Case Number: 30-2023-01316300-CU-WM-CXC
5. CALL TO ORDER / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY
MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:30 p.m.
6. ROLL CALL
Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Van, Mayor Pro Tem/Vice Chairperson Warren, and Mayor/Chairman Shawver.
Absent: None.
Excused: None.
7. PLEDGE OF ALLEGIANCE
Led by Scout Benjamin Le, Troop 567.
8. SPECIAL PRESENTATIONS AND AWARDS None.
The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 5:31 to 6:30 p.m.
The City Attorney / Agency Counsel reported that there was no reportable action.
9. CONSENT CALENDAR
Motion/Second: Taylor/Torres
Motion carried by the following vote:
AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:
Special and Joint Regular Meeting – July 9, 2024 - Page 3 of 11
CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON
THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER
READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated May 31, 2024 – June 13, 2024, in the amount of $3,837,676.15.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – June 25, 2024.
9D. MAY 2024 INVESTMENT REPORT
The Investment Report as of May 31, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the Investment Report for the month of May 2024. 9E. MAY 2024 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of May 31, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
1. The Successor Agency finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the Investment Report for the month of May 2024.
Special and Joint Regular Meeting – July 9, 2024 - Page 4 of 11 9F. MAY 2024 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; STATUS OF CAPITAL IMPROVEMENT PROGRAM; AUTHORIZE PAYMENT TO BEN’S ASPHALT, AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2023/24
OPERATING BUDGET
The Revenue and Expenditure Report for the month ended May 31, 2024, has been provided to the City Manager in accordance with Stanton Municipal Code Section
2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund.
In addition, staff is requesting ratification of the payment to Ben’s Asphalt, Inc. for emergency work performed on Lampson Avenue. This expenditure can be funded by the City’s Gas Tax Fund (#211) because it is related to street maintenance. The amount of the invoice is $55,801.40, which is not included in the City’s Fiscal Year 2023/24 Operating Budget. As a result, staff is requesting City Council approval to appropriate funds from the Gas Tax Fund’s available fund balance.
1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the General Fund and Housing Authority Fund May 2024 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended May 31, 2024; and
3. Waived competitive bidding requirements in the City’s purchasing policy; and
4. Ratified the payment to Ben’s Asphalt, Inc. in the amount of $55,801.40 for emergency work performed on Lampson Avenue; and
5. Approved an appropriation of $55,801 from the Gas Tax Fund’s (#211) available fund balance to fund the emergency work completed on Lampson Avenue. 9G. ACCEPTANCE OF THE STANTON CENTRAL PARK SHADE STRUCTURE
INSTALLATION PROJECT
The Stanton Central Park Shade Structure Installation Project consisting of installing a single-post shade structure and all appurtenant work at Stanton Central Park is now complete. The final construction cost for the project was $42,950, the contract award amount. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of June 26, 2024, and recommends that the City Council accept the completed work performed on this project.
Special and Joint Regular Meeting – July 9, 2024 - Page 5 of 11
1. The City Council declared this project categorically exempt under the California Environmental Quality Act, Class 1, and 15301 as a minor exterior alteration of an existing public facility and Class 3, Section 15303 as construction of an accessory structure; and
2. Accepted the completion of improvements for the Stanton Central Park Shade Structure Installation Project, as certified by the City Engineer, and affixed the date of June 26, 2024, as the date of completion of all work on this project; and
3. Approved the final construction contract amount of $42,950 with R.E. Schultz, Inc.; and
4. Directed the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion with the County Clerk-Recorder of the County of Orange; and
5. Directed City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to R.E. Schultz, Inc. in the amount of $2,147.50. 9H. APPROVAL OF FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC.
At the City Council meeting of December 12, 2023, a contract valued at $539,870 was awarded to Pacific Advanced Civil Engineering, Inc. (PACE) to update the Storm Drain Master Plan. Due to PACE’s familiarity with storm drain and sewer systems, they were chosen to review the plans for the Orco Block project by Stanton Land, LLC (Task Code No. 2024-709). The proposed First Amendment presented for the Council’s consideration increases the not-to-exceed contract amount to $574,670, the $34,800 increase is a pass-through cost covered by Stanton Land, LLC for plan review services.
1. The City Council finds that the recommended actions are exempt from CEQA per Section15378(b)(5) [Project does not include]: organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and
2. Approved the First Amendment to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. and allows the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorized the City Manager to execute the First Amendment to the Professional Agreement with Pacific Advanced Civil Engineering, Inc.
Special and Joint Regular Meeting – July 9, 2024 - Page 6 of 11 9I. AWARD A PROFESSIONAL SERVICES AGREEMENT TO PBS ENGINEERS, INC. FOR ENGINEERING AND DESIGN SERVICES FOR HEATING,
VENTILATION, AND AIR CONDITIONING (HVAC) REPLACEMENT OF THE
COMMUNITY CENTER IMPROVEMENTS PROJECT
The Community Center/City Hall building HVAC system has exceeded its useful life and requires frequent repairs and temporary fixes due to the age of the system. City staff issued a Request for Proposals (RFP) soliciting engineering and design services to replace the existing HVAC units in the Community Center/City Hall. After completing the RFP process, staff recommends awarding a contract to PBS Engineers, Inc. in the amount of $128,000.
1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b) as operation, repair, and maintenance of existing publicly owned utilities; and
2. Awarded a professional services agreement to PBS Engineers, Inc. for Engineering and Design Services for HVAC Replacement of the Community Center Improvements Project in the amount of $128,000; and
3. Authorized the City Manager to bind the City of Stanton and PBS Engineers, Inc. in a contract to provide the services; and
4. Authorized the City Manager to approve a contract contingency, not to exceed ten percent of the contract amount, of $12,800.
9J. PROFESSIONAL SERVICES AGREEMENT WITH MATRIX AUDIO VISUAL DESIGNS, INC. FOR COUNCIL CHAMBER AUDIO SYSTEM RENOVATION
SERVICES
The City Council will consider entering into a Professional Services Agreement with Matrix Audio Visual Designs, Inc. (Matrix) for the Council Chamber Audio System Renovation project.
1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Authorized the City Manager to enter into a Professional Services Agreement between the City and Matrix Audio Visual Designs, Inc. for audio system renovation services in the Council Chamber in the amount of $78,184.30 for a term of one year with two additional one-year extensions; and Special and Joint Regular Meeting – July 9, 2024 - Page 7 of 11
3. Authorized the City Manager to approve change orders as needed and determined by City staff, for any contingencies up to $5,000, increasing the total authorized compensation for this agreement to a potential maximums of $83,184.30.
END OF CONSENT CALENDAR
10. PUBLIC HEARINGS None.
11. UNFINISHED BUSINESS None.
12. NEW BUSINESS
12A. ADOPT THE 2024 SEWER MASTER PLAN UPDATE AND APPROVE THE
SEWER SYSTEM MANAGEMENT PLAN UPDATE
A Sewer Master Plan assesses the capacity and condition of the City’s sewer collection system incorporating updated housing element information and provides recommendations to address deficiencies. It is a valuable planning tool for the City’s Capital Improvement Program and managing the sewer system for future development. Furthermore, the City’s General Waste Discharge Requirements Order No. 2006-003 mandates the development and implementation of a Sewer System Management Plan.
Staff report by Mr. Cesar Rangel, Public Works Director / City Engineer.
Presentation by Mr. Julian Palacios, Associate, NV5.
Motion/Second: Van/Torres
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres AYE
Council Member Van AYE
Mayor Pro Tem Warren AYE
Mayor Shawver AYE
Motion unanimously carried:
1. The City Council declared this action to be categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Adopted the 2024 Sewer Master Plan Update.
Special and Joint Regular Meeting – July 9, 2024 - Page 8 of 11 12B. SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT,
APPROPRIATION OF FUNDS, RESOLUTION REGARDING AMENDMENT TO
SALARY RATES, AND APPROPRIATION OF FUNDS
For consideration is the Second Amendment to the Employment Agreement between the City and Hannah Shin-Heydorn regarding the position of City Manager.
If the amendment is approved, then the City Council should accordingly approve an appropriation of $22,505 and the City’s salary rates resolution should also be amended.
Staff report by Ms. HongDao Nguyen, City Attorney.
Motion/Second: Shawver/Warren
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres AYE
Council Member Van AYE
Mayor Pro Tem Warren AYE
Mayor Shawver AYE
Motion unanimously carried:
1. The City Council declared that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) - continuing administrative or maintenance activities, such as purchase of supplies, personnel-related actions, general policy, and procedures making, and
2. Authorized the Mayor to approve and execute the Second Amendment to Employment Agreement with Hannah Shin-Heydorn; and
3. Appropriated $19,130 from the General Fund (#101) available fund balance and $3,375 from the Housing Authority Fund (#285) available fund balance for Fiscal Year 2024/25; and
4. Adopted Resolution No. 2024-27 amending the Salary Rates, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, REGARDING EMPLOYEE BENEFITS
AND SALARY RATES FOR ALL CLASSES OF EMPLOYMENT.”
Special and Joint Regular Meeting – July 9, 2024 - Page 9 of 11 12C. AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON ESTABLISHING A TEMPORARY MORATORIUM UNDER
GOVERNMENT CODE SECTIONS 36937 AND 65858 ON THE ESTABLISHMENT OF NEW MEDICAL SERVICES UNDER MUNICIPAL CODE SECTION 20.400.200;
AND DETERMINING THE ACTION TO BE EXEMPT FROM CEQA
The City of Stanton (“City”) has received inquiries about establishing new medicalservices uses under section 20.400.200 of the municipal code. These are facilities or clinics that operate outpatient treatment and counseling centers that, in addition to counseling, treat individuals with substance abuse disorder by employing medicines that eliminate drug cravings and withdrawal symptoms typically experienced when individuals with various substance dependence stop using their substance of abuse. While these uses provide a valuable service to the community, they can be associated with negative impacts on the vulnerable populations that they serve if not property regulated. The City Council is asked to consider an interim urgency ordinance to temporarily prohibit the establishment of new medical-service uses under section 20.400.200 and the expansion, enlargement, or alteration of these uses that already exist in the City. The interim urgency ordinance is intended to provide the City with time to study the impacts of these establishments and to develop appropriate new regulations.
Staff report by Ms. Crystal Landavazo, Community Development Director.
Motion/Second: Shawver/Warren
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres AYE
Council Member Van AYE
Mayor Pro Tem Warren AYE
Mayor Shawver AYE
Motion unanimously carried:
1. The City Council finds that adoption of the proposed urgency ordinance is:
a. Not a “project” within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines (Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change in the environment, directly or indirectly; and
b. Exempt from the requirements of CEQA under Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
2. Adopted Urgency Ordinance No. 1145, entitled:
Special and Joint Regular Meeting – July 9, 2024 - Page 10 of 11 “AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF STANTON ESTABLISHING A TEMPORARY
MORATORIUM UNDER GOVERNMENT CODE SECTIONS 36937
AND 65858 ON THE ESTABLISHMENT OF NEW MEDICAL
SERVICES UNDER MUNICIPAL CODE SECTION 20.400.200; AND
DETERMINING THE ACTION TO BE EXEMPT FROM CEQA.”
13. ORAL COMMUNICATIONS – PUBLIC
• Ms. Veronica D., submitted an e-public comment on behalf of Ms. Jane Doe, reporting an illegally operating Airbnb rental located on Cedar Avenue, Stanton.
Ms. D further reported that Ms. Doe contacted the City’s Code Enforcement Division in regard to illegal activity and intense harassment that Ms. Doe experienced at the rental location, and expressed her concerns for the safety and mistreatment of Ms. Doe in regard to her experience with the Orange County Sheriff’s Department, who did not investigate or intervene when called out to assist Ms. Doe.
14. WRITTEN COMMUNICATIONS None.
15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS None.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL
MEETING
• Mayor Shawver requested to agendize for discussion review of recently passed legislation and the measures needed to be taken to ensure for the protection of the City’s Critical Infrastructure.
• Mayor Shawver requested to agendize discussion regarding the creation of a social host ordinance pertaining to fireworks.
15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
None.
Special and Joint Regular Meeting – July 9, 2024 - Page 11 of 11 15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING REQUEST TO
PROCEED WITH A NON-DISCLOSURE AGREEMENT WITH THE ORANGE
COUNTY POWER AUTHORITY (OCPA)
At the June 25, 2024, City Council meeting, Council Member Van requested that this item be agendized for discussion. Council Member Van is requesting to discuss proceeding with a non-disclosure agreement (NDA) with the Orange County Power Authority to conduct a feasibility study at no cost to the City, no use of staff time, and no commitment to join.
Presentation by Council Member Van.
The City Council received consensus and directed staff to proceed with research and to bring this item back for City Council review at a future City Council meeting.
16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.
17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.
17A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.
Chief Steve Dohman provided the City Council with an update on their current operations.
18. ADJOURNMENT in memory and honor of Mr. Kenneth Champagne Motion/Second: Shawver/
Motion carried at 7:15 p.m.
/s/ David J. Shawver
________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
/s/ Patricia A. Vazquez
________________________________
CITY CLERK/SECRETARY