Agenda — Stanton City Council, November 26, 2024 (part 1 of 2)

NOTICE AND CALL

CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

SPECIAL MEETING

TO THE MEMBERS OF THE CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY FOR THE CITY OF STANTON AND TO THE CITY CLERK / SECRETARY:

NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council / Successor Agency / Stanton Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on November 26, 2024, commencing at 5:30 p.m. at 7800 Katella Avenue, Stanton, CA 90680.

The Agenda for the Special Meeting is attached to this Notice and Call.

Dated: November 21, 2024
s/ Patricia A. Vazquez, City Clerk / Secretary

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE OFFICE OF THE CITY CLERK AT (714) 890-4245. NOTIFICATION PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (851 8692 9569) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/85186929569?pwd=xuCTrKLWaKXa6WJgNfVKqqwX5dnY0Z.1

ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].

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AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

SPECIAL & JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, NOVEMBER 26, 2024
SPECIAL CLOSED SESSION - 5:30 P.M.

JOINT REGULAR SESSION - 6:30 P.M.

In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245 or via e-mail at [email protected].

Notification prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (851 8692 9569) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/85186929569?pwd=xuCTrKLWaKXa6WJgNfVKqqwX5dnY0Z.1

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].

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The City Council agenda and supporting documentation is made available for public review and inspection during normal business hours in the Office of the City Clerk, 7800 Katella Avenue, Stanton California 90680 immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes place on Thursday afternoons prior to the regularly scheduled meeting on Tuesday. The agenda packet is also available for review and inspection on the city’s website at www.StantonCA.gov.

1. CLOSED SESSION (5:30 PM)

2. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Van
Mayor Pro Tem / Vice Chairperson Warren
Mayor / Chairman Shawver

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Closed Session may convene to consider matters of purchase / sale of real property (G.C. §54956.8), pending litigation (G.C. §54956.9(a)), potential litigation (G.C. §54956.9(b)) or personnel items (G.C. §54957.6). Records not available for public inspection.

4. CLOSED SESSION
4A. 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 STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)

6. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Van
Mayor Pro Tem / Vice Chairperson Warren
Mayor / Chairman Shawver

7. PLEDGE OF ALLEGIANCE
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8. SPECIAL PRESENTATIONS AND AWARDS
Presentation of commendation in recognition and honor of Ms. Florence M. Ruiz.

9. CONSENT CALENDAR
All items on the Consent Calendar may be acted on simultaneously, unless a Council/Board Member requests separate discussion and/or action.

CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE

PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
RECOMMENDED ACTION:

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated October 18, 2024 – October 31, 2024, in the amount of $776,939.52.
9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – November 12, 2024.
9D. FISCAL YEAR 2025-2026 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RESOLUTION NO. 2024-39
On November 6, 2024, the Orange County Community Resources Department released a Request for Applications (RFA) for Fiscal Year 2025-2026 Community Development Block Grant projects related to public facilities and improvements (PF&I). In response to the RFA, staff is proposing the Stanton Community/Senior Center Improvement Project – Phase II. As part of the application process, the City Council must review and authorize Resolution No. 2024-39 authorizing the City Manager to execute the agreement, contract and other documents.

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RECOMMENDED ACTION:

1. City Council declare that this project is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” as defined by CEQA; and

2. Approve Resolution No. 2024-39 authorizing the City Manager to execute the agreement, contract and other documents required by the Orange County Community Resources Department for participation in the CDBG program on behalf of the City Council, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA TO APPROVE THE CITY’S PARTICIPATION IN THE
FISCAL YEAR 2025-2026 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM (CDBG) WITH THE COUNTY OF ORANGE”.
9E. APPROVE RESOLUTION NO. 2024-32 AUTHORIZING THE ESCHEATMENT OF UNCLAIMED PROPERTY TO THE CITY’S GENERAL FUND
On June 11, 2024, staff provided the City Council with Administrative Policy No. IV-4-15 regarding unclaimed property. Pursuant to the policy, the Finance Department issued a public notification to the public regarding unclaimed checks which have been held over three (3) years. Exhibit A represents checks that have not been claimed and shall now become the property of the City and transferred to the General Fund.

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. Adopt Resolution No. 2024-32, authorizing the Finance Director to escheat unclaimed checks and recognize revenue in the Fund totaling $7,172 pursuant to Administrative Policy No. IV-4-15 entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, AUTHORIZING THE ESCHEATMENT OF UNCLAIMED

PROPERTY TO THE CITY OF STANTON GENERAL FUND IN
ACCORDANCE WITH APPLICABLE LAW”.

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9F. ACCEPTANCE OF THE 8940 PACIFIC AVENUE DEMOLITION AND ABATEMENT

PROJECT
The 8940 Pacific Avenue Demolition and Abatement Project consisting of the demolition and abatement of the vacant 4-plex building located at 8940 Pacific Avenue is now complete. The final construction cost for the project was $96,000, the contract award amount. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of November 4, 2024, and recommends that the City Council accept the completed work performed on this project.

RECOMMENDED ACTION:

1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 1, and 15301l(3); and

2. Accept the completion of improvements for the 8940 Pacific Avenue Demolition and Abatement Project, as certified by the City Engineer, and affix the date of November 4, 2024 as the date of completion of all work on this project; and

3. Approve the final construction contract amount of $96,000 with Interior Demolition, Inc.; and

4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and

5. Direct City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Interior Demolition, Inc. in the amount of $4,800.
9G. PURCHASE OF TEN BLUE LIGHT PUBLIC SAFETY CAMERAS
Staff is requesting that the City Council authorize the purchase of ten (10) blue light cameras at a total cost of $45,869.16. The City’s purchasing policy requires purchases over $40,000 are approved by the City Council.

RECOMMENDED ACTION:

2. Waive the competitive procurement process since only one known supplier has been identified and allow for the sole source procurement of professional services; and Stanton City Council Agenda Prepared by the Office of the City Clerk November 26, 2024

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3. Authorize the City Manager to approve the purchase of ten (10) blue light public safety cameras totaling $45,869.16.
9H. ASSEMBLY BILL (AB) 548 HOUSING POLICY
Assembly Bill 548 (AB 548) seeks to protect California renters and ensure the habitability of their homes.

RECOMMENDED ACTION:

2. Approve Administrative Policy VIII-8-1 – Assembly Bill 548 Housing Policy. 9I. ACCEPTANCE OF FISCAL YEAR 2024-25 TOBACCO GRANT PROGRAM FUNDING, ADOPTION OF GOVERNING BODY RESOLUTION NO. 2024-38, AUTHORIZATION

OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND STATE OF

CALIFORNIA DEPARTMENT OF JUSTICE, AND AUTHORIZATION OF ONE

ADDITIONAL TEMPORARY FULL TIME EQUIVALENT POSITION IN THE PUBLIC

SAFETY DEPARTMENT
The Office of the Attorney General makes these funds available annually to local agencies through the California Department of Justice Tobacco Grant Program. Funding for the Tobacco Grant Program provides local public agencies with funding to support programs that enforce State and local laws related to the illegal sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and

2. Approve a Memorandum of Understanding (MOU) with the State of California Department of Justice for acceptance of Fiscal Year 2024-25 State Tobacco Grant Funds in the amount of $199,710 and authorize the City Manager to execute on behalf of the City; and

3. Adopt Resolution No. 2024-38 A Resolution of the City Council of the City of Stanton, accepting funds in the amount of $199,710 from the State of California Department of Justice, Office of the Attorney General, Tobacco Grant Program, and authorize the City Manager to execute related documents to the Tobacco Grant Program, entitled:

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“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ACCEPTING FUNDS IN THE AMOUNT OF $199,710

FROM THE STATE OF CALIFORNIA DEPARTMENT OF JUSTICE,

OFFICE OF ATTORNEY GENERAL, TOBACCO GRANT PROGRAM,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT

PROGRAM MEMORANDUM OF UNDERSTANDING AND RELATED
DOCUMENTS”; and

4. Authorize one additional temporary Full Time Equivalent (FTE) position in the Public Safety Department for the title of Code Enforcement Officer (Limited-Term) for the term of the grant funding.
9J. LOW AND MODERATE INCOME HOUSING ASSET FUND ANNUAL REPORT FOR FISCAL YEAR 2023-2024 (HOUSING AUTHORITY)
The attached Low and Moderate Income Housing Asset Fund Annual Report for Fiscal Year 2023-2024 is being presented for consideration as required by State Law.

RECOMMENDED ACTION:

1. Authority Board declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3); and

2. Receive and file the Annual Progress Report.
9K. RENEWAL OF DECLARATION THAT AN EMERGENCY CONDITION EXISTS

ARISING FROM DAMAGE TO THE WESTERLY END STANTON PARK PEDESTRIAN BRIDGE
The City Council will consider continuing to declare the repair of the westerly end Stanton Park pedestrian bridge an emergency. The original emergency condition was declared on November 12, 2024.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Continue to declare the repair of the westerly end Stanton Park pedestrian bridge an emergency.

END OF CONSENT CALENDAR
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10. PUBLIC HEARINGS
10A. AN ORDINANCE ADDING CHAPTER 2.05 OF TITLE 2 OF THE STANTON

MUNICIPAL CODE TO ESTABLISH CAMPAIGN CONTRIBUTION LIMITS AND

REGULATIONS
Following a discussion on November 12, 2024, the City Council directed staff to prepare an ordinance related to campaign contribution limits and related policies based on a sample ordinance developed by the non-profit group, Citizens Take Action. The attached ordinance is presented for the City Council’s consideration.

RECOMMENDED ACTION:

1. City Council open and conduct a public hearing; and

2. Declare the action not to be subject to the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) – organizational or administrative activities of governments that will not result in direct or indirect changes in the environment; and

3. Introduce for first reading Ordinance No. 1155, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON ADDING CHAPTER 2.05 TO TITLE 2 (ADMINISTRATION AND

PERSONNEL) OF THE STANTON MUNICIPAL CODE RELATING TO

LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS AND
REGULATIONS”; and

4. Set December 10, 2024, as the date for second reading for adoption of Ordinance No. 1155.

11. UNFINISHED BUSINESS
11A. APPROVAL OF ORDINANCE NO. 1152 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING SECTION 2.56.075 OF THE

MUNICIPAL CODE PERTAINING TO LOCAL VENDOR PREFERENCES
This Ordinance was introduced at the regular City Council meeting of November 12, 2024.

RECOMMENDED ACTION:

1. City Clerk read the title of Ordinance No. 1152, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING SECTION 2.56.075 OF THE MUNICIPAL CODE PERTAINING TO LOCAL VENDOR PREFERENCES”; and

2. City Council adopt Ordinance No. 1152.

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11B. APPROVAL OF ORDINANCE NO. 1153 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING CHAPTER 5.67 OF THE

STANTON MUNICIPAL CODE PERTAINING TO TOBACCO RETAILER

REGISTRATION
This Ordinance was introduced at the regular City Council meeting of November 12, 2024.

RECOMMENDED ACTION:

1. City Clerk read the title of Ordinance No. 1153, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING CHAPTER 5.67 OF THE STANTON MUNICIPAL CODE PERTAINING TO TOBACCO RETAILER REGISTRATION”; and

2. City Council adopt Ordinance No. 1153.

12. NEW BUSINESS
12A. RESOLUTION FINDING AND DECLARING A LOCAL EMERGENCY CAUSED BY

HOMELESSNESS CRISIS
The City has seen an increase in its homeless population since 2019, despite significant allocation of resources and funds to combat homelessness in the City. This increase has been coupled with an increase in health and safety concerns, such as an increase in criminal activity, open-air drug use (fentanyl in particular), open fires, obscene/lewd acts in public, increase in vectors, and public defecation; individuals sleeping, camping, and storing personal property in a manner that obstructs access to the public right-of-way; interruption in the enjoyment and access to public facilities equally by all residents; and death, illness, injury and poor living conditions for those unable to find housing.

Declaring a local emergency under the Stanton Municipal Code and the Government Code will provide the City Manager with additional powers as Director of Emergency Services in order to take necessary steps to address the homelessness crisis.

RECOMMENDED ACTION:

1. City Council declare the action to not be subject to CEQA pursuant to State CEQA Guidelines, section 15378(b)(5).); and

2. Adopt proposed Resolution No. 2024-40, entitled:
“RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, PROCLAIMING THE EXISTENCE OF A LOCAL

EMERGENCY CAUSED BY CONDITIONS AND THREATENED

CONDITIONS OF HOMELESSNESS WITHIN THE CITY OF STANTON,
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WHICH IF NOT CORRECTED, CONSTITUTES AN IMMINENT AND

PROXIMATE THREAT TO THE SAFETY OF PERSONS AND PROPERTY
IN THE CITY”.
12B. ORDINANCE ADDING CHAPTER 12.38 (OBSTRUCTION OF PUBLIC RIGHTS-OFWAY AND FACILITIES) TO TITLE 12 (STREETS AND SIDEWALKS) PROHIBITING INTERFERENCE WITH THE PUBLIC’S RIGHT OF ACCESS TO PUBLIC STREETS,

SIDEWALKS, RIGHTS-OF-WAY AND FACILITIES
The City has seen an increase in its homeless population since 2019, despite significant allocations of resources and funds to combat homelessness in the City. As a direct result, residents and businesses have experienced an increased number of homeless, unhoused, and transient residents sleeping, sitting, and laying and/or storing personal property in the public right-of-way, obstructing the free use of public streets, sidewalks, rights-of-way, and facilities. The Council will consider adopting regulations prohibiting sleeping, sitting, and laying and/or storing personal property in a manner that interferes with the public’s access to public streets, sidewalks, rights-of-way, and facilities.

RECOMMENDED ACTION:

1. City Council find that the Ordinance is not subject to CEQA pursuant to State CEQA Guidelines section 15061(b)(3); and

2. Introduce for first reading, by title only, and waive further reading of proposed Ordinance No. 1156 adding Chapter 12.38, “Obstruction of Public Rights-of-Way and Facilities”, to Title 12 of the Stanton Municipal Code, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, AMENDING THE STANTON MUNICIPAL CODE BY
ADDING CHAPTER 12.38 (OBSTRUCTION OF PUBLIC RIGHTS-OFWAY AND FACILITIES) TO TITLE 12 (STREETS AND SIDEWALKS) PROHIBITING INTERFERENCE WITH THE PUBLIC’S RIGHT OF

ACCESS TO PUBLIC STREETS, SIDEWALKS, RIGHTS-OF-WAY AND
FACILITIES”; and

3. Set December 10, 2024, as the date for second reading and adoption of Ordinance No. 1156.

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12C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADOPTING CHAPTER 9.14 RELATING TO THE PROHIBITION ON REPAIRS AND

SALES OF BICYCLES AND BICYCLE PARTS ON PUBLIC PROPERTY
The City has identified activities occurring on public rights of way that are commonly known as “bike chop shops.” These activities consist of individuals using sidewalks to, among other things, assemble, disassemble, and sell or distribute stolen bicycles. Not only do these illegal activities negatively impact quality of life within the City, they also block and encroach on the City’s public rights of way. Therefore, Staff has determined that certain additions are needed to Title 9 of the Stanton Municipal Code (“SMC”) relating to “peace safety, and morals” to address bicycle thefts and bicycle “chop shops” around the City.

RECOMMENDED ACTION:

1. City Council declare that this project is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and

2. Introduce for first reading, by title only, and waive further reading of proposed Ordinance No. 1157, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, AMENDING THE STANTON MUNICIPAL CODE BY
ADDING CHAPTER 9.14 RELATING TO THE PROHIBITION ON

REPAIRS AND SALES OF BICYCLES AND BICYCLE PARTS ON
PUBLIC PROPERTY”; and

3. Set December 10, 2024, as the date for second reading and adoption of Ordinance No. 1157.
12D. ILLUMINATION FOUNDATION LEASE AMENDMENT UPDATE AND ACCESS TO

TWO ADDITIONAL SHELTER BEDS
The City is working collaboratively with the Illumination Foundation to secure two dedicated shelter beds to support the City’s efforts to provides services to individuals experiencing homelessness.

RECOMMENDED ACTION:

2. Receive and file.

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12E. VOLUNTARY HOUSING OPTIONS FOR RESIDENTS OF CITY-OWNED PROPERTIES

IN THE TINA PACIFIC NEIGHBORHOOD IN RESPONSE TO HOMELESSNESS

STATE OF EMERGENCY
If the City Council adopts Resolution No. 2024-40 declaring a Homelessness State of Emergency, staff recommends the City Council approve the authorization of three voluntary housing options for residents of City-owned properties in the Tina Pacific Neighborhood pursuant to the Homelessness State of Emergency.

RECOMMENDED ACTION:

2. Authorize the City Manager, in her capacity as the City’s Director of Emergency Services, to provide and implement the following voluntary housing options to residents of City-owned properties in the Tina Pacific neighborhood related to the declaration of a Homelessness State of Emergency.
a. For tenants in good standing per their lease provisions (i.e., current in payment of rent and not in violation of any lease provisions), a voluntary option, by the tenant, to do any of the following:
i. Emergency permanent relocation following the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Act (URA)/California relocation program to permanent dwellings located outside of the Tina Pacific neighborhood;
ii. Relocation to an available Tina Pacific unit in a preferred building with a moving expense allowance in an effort to combine occupied units to form a fully-occupied 4-plex that is easier to secure; or
iii. Remain in their current unit with the understanding that the City will continue to serve as the landlord.
b. For tenants not in good standing per their lease provisions, a voluntary option, by the tenant, to do either of the following:
i. Relocation to an available Tina Pacific unit in a preferred building with a moving expense allowance in an effort to combine occupied units to form a fully-occupied 4-plex that is easier to secure; or
ii. Remain in their current unit with the understanding that the City will continue to serve as the landlord.

3. Make a finding that the City Council’s authorization is based upon Resolution No. 2024-40 declaring a Homelessness State of Emergency, this staff report, and oral and written testimony at the hearing on this item.

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12F. CONSIDERATION OF ORDINANCE NO. 1150 AMENDING TITLE 20.400.330

REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW AND

FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE
The proposed ordinance will amend Section 20.400.330 of the Stanton Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”).

RECOMMENDED ACTION:

1. City Council receive the presentation for proposed Ordinance No. 1150; and

2. Waive the full reading, and introduce for first reading by title only, Ordinance No. 1150, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING SECTION 20.400.330 OF THE CITY OF STANTON

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17”; and

3. Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17; and

4. Set December 10, 2024, as the date for the public hearing and second reading for adoption of Ordinance No. 1150.
12G. COMPARISON OF RENT CONTROL / RENT STABILIZATION ORDINANCES FOR

CITY COUNCIL DISCUSSION
At their regular meeting of November 12, 2024, the City Council directed staff to locate ordinances prepared by the City of San Juan Capistrano and the City of Anaheim for their review and consideration. Staff researched these cities and found that San Juan Capistrano adopted an ordinance establishing a Municipal Code section titled, “Mobile Home Rent Control” in 1981 which was replaced by an ordinance, same title, in 1997.

The City of Anaheim Municipal Code does not have any chapters or sections with titles related to rent control or rent stabilization. However, in 2019, the City of Anaheim reviewed three ordinances, at two separate meetings, focused on thresholds for mobile home space rental rate increases. These ordinances have been attached to this staff report for the City Council’s review and discussion.

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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. Review the attached adopted ordinance from the City of San Juan Capistrano and the proposed ordinances from the City of Anaheim and provide staff with direction.

13. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items. Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted.

All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.

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15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
At this time Council/Agency/Authority Members may place an item on a future study session agenda.

Currently Scheduled: None.
15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING THE 2025, 4TH OF

JULY HOLIDAY
At the November 12, 2024, City Council meeting, Council Member Taylor requested that this item be agendized for discussion. Council Member Taylor is requesting to hold a study session to discuss the City’s strategies against illegal fireworks within the City in preparation for the upcoming 2025, 4th of July holiday season.

RECOMMENDED ACTION:

City Council provide direction to staff.

16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.

18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 21st day of November, 2024. s/ Patricia A. Vazquez, City Clerk/Secretary

October 18 - October 31, 2024
Payments to Vendors:

Electronic Transaction Nos. $ 80,956.24
Check Nos. 138589-138624 201,871.21
Other Electronic Transactions ACH (A) 323,014.48
Total Payments to Vendors $ 605,841.93
Direct Deposit Payments (B):

Payroll dated October 24, 2024 171,097.59
TOTAL PAYMENTS $ 776,939.52
Notes:

A = These are electronic payments processed via a file exported from the City's Finance system and uploaded to the City's bank account. The City's Finance system designates these payment transactions as "ACH". A specific transaction number is not assigned.

B = Represents the total net payroll paid through direct deposit on pay date.

Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Michelle Bannigan

CITY OF STANTON

WARRANT REGISTER
3459-3469
conform to the City of Stanton Annual
Budget as approved by the City Council.

Demands listed on the attached registers
City Manager Finance Director
Item: 9B
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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY

OF THE CITY OF STANTON
JOINT REGULAR MEETING NOVEMBER 12, 2024

1. CLOSED SESSION None.

2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY /

HOUSING AUTHORITY JOINT REGULAR MEETING
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:30 p.m. by Mayor Shawver.

3. PLEDGE OF ALLEGIANCE
Led by Division Chief Steve Dohman, Orange County Fire Authority.

4. 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.

5. SPECIAL PRESENTATIONS AND AWARDS
5A. Presentation of commendation plaque honoring Orange County Fire Authority Division Chief Steve Dohman, for his invaluable contributions and service to the Stanton Community and on the occasion of his retirement. 5B. Ms. Hannah Shin-Heydorn, City Manager, presented an update on City’s homeless outreach activities.

6. CONSENT CALENDAR
Motion/Second: Warren/Torres
Motion carried by the following vote:

AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:

Item: 9C
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CONSENT CALENDAR
6A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON

THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER

READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated October 3, 2024 – October 17, 2024, in the amount of $1,989,768.74.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – October 22, 2024.
6D. SEPTEMBER 2024 INVESTMENT REPORT
The Investment Report as of September 30, 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 September 2024. 6E. SEPTEMBER 2024 INVESTMENT REPORT (SUCCESSOR AGENCY) The Investment Report as of September 30, 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 September 2024.

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6F. SEPTEMBER 2024 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; STATUS OF

CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended September 30, 2024, has been provided to the City Manager in accordance with Stanton Municipal Code Section 2.20.080 (D) and is being provided to the City Council. This report includes information on both the City’s General Fund and the Housing Authority Fund.

2. Received and filed the General Fund and Housing Authority Fund September 2024 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended September 30, 2024.
6G. DECLARATION OF SURPLUS PROPERTY
Occasionally equipment purchased by the City has outlived its useful life and needs to be sold or otherwise disposed of. In compliance with the City’s Purchasing Policy and Procedures IV-4-12, staff is required to petition the City Council to declare the property surplus, obsolete, or unusable.

1. The City Council declared that this action is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) – continuing administrative or maintenance activities, such as purchase for supplies, personnel-related actions, general policy and procedure making; and

2. Declared the equipment listed on Attachment A as surplus; and

3. Directed staff to sell or salvage equipment according to the Administrative Policy IV-4-12: Purchasing Policy and Procedures.
6H. CITY SPONSORSHIP REQUEST – YOUTH ASSISTANCE FOUNDATION SANTA’S SIREN EVENT
Per the City’s Sponsorship Program, the Youth Assistance Foundation is requesting co-sponsorship of the Santa’s Siren event held throughout the City. The sponsorship request is for in-kind consideration valued at $499.

1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and

2. Approved the Youth Assistance Foundation’s sponsorship request for a total inkind value of $499.

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6I. CONSIDER RESOLUTION FINDING AND DECLARING THAT AN EMERGENCY

CONDITION EXISTS ARISING FROM DAMAGE TO THE WESTERLY END

STANTON PARK PEDESTRIAN BRIDGE AND AUTHORIZING REPAIR TO THE

PEDESTRIAN BRIDGE WITHOUT PUBLIC BIDDING
The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. The pedestrian bridge is a major pedestrian walkway serving many of the residents of the City. City Council will consider declaring the repair an emergency and thereby exempt from public bidding requirements.

1. The City Council adopted Resolution No. 2024-36 finding that an emergency condition exists arising from damage to the Westerly End Stanton Park Pedestrian Bridge and authorized emergency repair to the Westerly End Stanton Park Pedestrian Bridge without public bidding, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA, FINDING AND DECLARING THAT AN

EMERGENCY CONDITION EXISTS ARISING FROM DAMAGE TO

THE WESTERLY END STANTON PARK PEDESTRIAN BRIDGE

AND AUTHORIZING REPAIR TO THE PEDESTRIAN BRIDGE
WITHOUT PUBLIC BIDDING”; and

2. Declared this project categorically exempt under the California Environmental Quality Act, Section 15301 Class 1 subsection (d).

END OF CONSENT CALENDAR

7. PUBLIC HEARINGS
7A. CONSIDERATION OF ORDINANCE NO. 1153 AMENDING CHAPTER 5.67 OF TITLE 5 OF THE STANTON MUNICIPAL CODE RELATING TO TOBACCO

RETAILER REGISTRATION TO PROHIBIT THE SALE OF FLAVORED

TOBACCO PRODUCTS
At its regular meeting of December 12, 2023, the City Council directed staff to review the City’s existing tobacco retail license ordinance with a focus on strengthening the ordinance, specifically prohibiting the sale of flavored tobacco products. Staff reviewed Chapter 5.67, “Tobacco Retailer Registration,” of the City’s Municipal Code and prepared the proposed Ordinance with updates. The City Council will consider approving the first reading of the proposed Ordinance.

Staff report by Ms. Hannah Shin-Heydorn, City Manager.

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The public hearing was opened.
• Ms. Hana Hanna, spoke in favor of the proposed ordinance. • Ms. Maria Salgado, spoke in favor of the proposed ordinance and requested a clearer definition in regard to frequency of compliance checks. • Ms. Ana Granda, spoke in favor of the proposed ordinance and requested that the City add language to include an application fee.
• Mr. Jose Luis, spoke in favor of the proposed ordinance and requested that the City add language to include an application fee.

No one else appearing to speak, the public hearing was closed.

Motion to amend proposed ordinance by Council Member Van to include the following language “Compliance checks shall be conducted at a minimum of two times within every calendar year” (§ 5.67.110.B Compliance Monitoring) and change “may establish” to “shall establish” (§ 5.67.050.F Application Procedure).

Motion/Second: Van/Taylor
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres AYE
Council Member Van AYE
Mayor Pro Tem Warren AYE
Mayor Shawver AYE
Amended motion unanimously carried:

1. The City Council conducted a public hearing; and

2. Finds that the ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15378(a) (the ordinance is not a “project” and has no potential for resulting in physical change to the environment, directly or indirectly) and 15061(b)(3) (there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment) (14 Cal. Code Regs.); and

3. Introduced Ordinance No. 1153 as amended for its first reading, to be read by title only, and waived further reading, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, AMENDING CHAPTER 5.67 OF TITLE 5

OF THE STANTON MUNICIPAL CODE RELATING TO TOBACCO

RETAILER REGISTRATION TO PROHIBIT THE SALE OF

FLAVORED TOBACCO PRODUCTS AND FINDING THE

ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTIONS
15378 AND 15061(B)(3) OF THE STATE CEQA GUIDELINES”; and DRAFT
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4. Set said amended ordinance for adoption at the regular City Council meeting of November 26, 2024.

8. UNFINISHED BUSINESS
8A. APPROVAL OF ORDINANCE NO. 1148 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING TITLE 20 (ZONING) OF THE STANTON MUNICIPAL CODE TO EXPRESSLY PROHIBIT

SHORT-TERM RENTALS IN ALL ZONES WITHIN THE CITY AND TO PROHIBIT

BED AND BREAKFAST ESTABLISHMENTS IN RESIDENTIAL ZONES AND

MIXED-USE OVERLAY ZONES AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3) AND ALTERNATIVELY CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301
This Ordinance was introduced at the regular City Council meeting of October 22, 2024.

Staff report by Ms. Patricia A. Vazquez, City Clerk.

E-Public Comment:
• Ms. Kristi Cirtwill, submitted an e-public comment in opposition to the proposed ordinance.

Motion/Second: Torres/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 Clerk read the title of Ordinance No. 1148, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING TITLE 20 (ZONING) OF THE STANTON

MUNICIPAL CODE TO EXPRESSLY PROHIBIT SHORT-TERM

RENTALS IN ALL ZONES WITHIN THE CITY AND TO PROHIBIT BED

AND BREAKFAST ESTABLISHMENTS IN RESIDENTIAL ZONES AND

MIXED-USE OVERLAY ZONES AND FINDING THE ACTION EXEMPT

FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS
15060(c)(2) AND 15060(c)(3) AND ALTERNATIVELY CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301”; and

2. The City Council adopted Ordinance No. 1148.

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9. NEW BUSINESS
9A. AN ORDINANCE AMENDING THE LOCAL VENDOR PREFERENCE SECTION

OF THE STANTON MUNICIPAL CODE
City Council recently held discussions relating to the local vendor preference listed in Stanton’s Municipal Code. As a result of those discussions, adjustments are being made to increase the local vendor preference from two percent (2%) to three percent (3%) through the adoption of Ordinance No. 1152.

Staff report by Ms. Hannah Shin-Heydorn, City Manager.

Motion/Second: Warren/Van
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 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

2. Introduced Ordinance No. 1152, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, AMENDING SECTION 2.56.075 OF THE

MUNICIPAL CODE PERTAINING TO LOCAL VENDOR
PREFERENCES”; and

3. Set said ordinance for second reading and adoption at the November 26, 2024, regularly scheduled City Council meeting.

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9B. DISCUSSION REGARDING DEVELOPMENT AGREEMENTS FOR THE TOWN

CENTER SPECIFIC PLAN
At the City Council meeting of May 14, 2024, Council Member Torres received consensus to place an item on a future agenda regarding development agreements for the Town Center Specific Plan (TCSP) to support minimum standards for development. Tonight, the Council will receive a presentation and provide direction to staff.

Staff report by Ms. Hannah Shin-Heydorn, City Manager.

2. Received and filed the report and directed staff to create an internal staff memo to Community Development staff, stating that the City Council is interested in considering Development Agreements (DA) for hotel developments within the City’s Town Center Specific Plan (TCSP) area and to bring any such DA’s to the Council as early as possible.
9C. DISCUSSION REGARDING CAMPAIGN CONTRIBUTIONS AND LEVINE ACT (SENATE BILLS 1439 AND 1243)
At the City Council meeting of November 28, 2023, Council Member Taylor received consensus to review campaign contribution limits and the Levine Act (Senate Bill 1439) and consider updates to the City’s specific limit(s) and policies. An initial presentation on those two topics was provided to the City Council in February 2024.

Tonight, the Council will consider the existing limit(s) and policies and provide direction to staff.

Staff report by Ms. Hannah Shin-Heydorn, City Manager.

Motion/Second: Van/Torres
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres AYE
Council Member Van AYE
Mayor Pro Tem Warren NO
Mayor Shawver NO
Motion carried:

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2. Directed staff to prepare an ordinance related to campaign contribution limits and related policies based on a sample ordinance developed by the non-profit group, Citizens Take Action.

10. ORAL COMMUNICATION
Mr. Bill King, business/property owner, spoke regarding his concerns with his property and the tenant that he carefully selected to lease his and operate within his property. He reported that he has been attempting to comply with the City’s rules and regulations pertaining to the operation of his property located at 8371 Monroe Avenue, Stanton, however, the citations that he has been receiving from the City’s Code Enforcement Division are overwhelming and not feasible, Mr. King asked the City for relief and assistance, and requested that the City provide the needed permit and license required for his tenant to operate.

11. WRITTEN COMMUNICATIONS None.

12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS None.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
None.
12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
Council Member Taylor requested to agendize discussion regarding the City’s strategies against illegal fireworks within the City in preparation for the upcoming 2025, 4th of July holiday season.

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12D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING RENT CONTROL

WITHIN MOBILE HOME PARKS WITHIN THE CITY
At the October 22, 2024, City Council meeting, Council Member Torres requested that this item be agendized for discussion. Council Member Torres is requesting to discuss rent control within mobile home parks within the City.

Presentation by Council Member Torres.

Motion/Second: Torres/Van
Council Member Torres motioned for the creation of a City ordinance modeled after the City of San Juan Capistrano’s Mobile Home Rent Control ordinance.

Substitute Motion:

Motion/Second: Shawver/Taylor
Mayor Shawver motioned to direct staff to locate ordinances prepared by the City of San Juan Capistrano and the City of Anaheim for their review and consideration.

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.

13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.

14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
Ms. Zenia Bobadilla, Community Services Director, reported on the City’s Veteran’s Day Ceremony & Breakfast event, which was held on November 11, 2024, at Stanton City Hall.
14A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Chief Steve Dohman provided the City Council with an update on their current operations.

Chief Steve Dohman introduced the newly appointed to Stanton, Division Chief Matt Schuetz to the City Council and Stanton community.

Division Chief Matt Schuetz provided the City Council with a brief introduction about himself.

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15. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 8:58 p.m.
_______________________________________

MAYOR PRO TEM/VICE CHAIRPERSON
ATTEST:
_______________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: FISCAL YEAR 2025-2026 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RESOLUTION NO. 2024-39
REPORT IN BRIEF:

On November 6, 2024, the Orange County Community Resources Department released a Request for Applications (RFA) for Fiscal Year 2025-2026 Community Development Block Grant projects related to public facilities and improvements (PF&I). In response to the RFA, staff is proposing the Stanton Community/Senior Center Improvement Project – Phase II.

As part of the application process, the City Council must review and authorize Resolution No. 2024-39 authorizing the City Manager to execute the agreement, contract and other documents.

RECOMMENDED ACTION:

1. City Council declare that this project is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” as defined by CEQA; and

BACKGROUND:

Each year the County of Orange receives funding from the U.S. Department of Housing and Urban Development (HUD) for assistance to low- and moderate-income households through the CDBG program. The County distributes these funds to non-entitlement cities with populations of less than 50,000 residents. The funds are to be used for physical improvements to those areas of the City where at least 43 percent of the population qualify for low- and moderate-income assistance and support programs. The County of Orange Item: 9D
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2 accepts one PF&I application from each of the twelve participating jurisdictions and the County. It is up to the discretion of the local jurisdiction (City/County) as to what application is submitted from that jurisdiction. City Council review and approval is a required part of the process and a copy of the approved resolution must be sent to the Orange County Community Resources Department.

Fiscal Year 2025-2026 CDBG funding may increase or decrease based on HUD’s final allocation of CDBG funds to the Urban County/OC Community Services. The County of Orange Community Services Department is estimating $2,450,000 available for PF&I projects for Fiscal Year 2025-2026. As such, each city may submit one application and receive a maximum of $250,000 with no leveraged funds or $450,000 with 20% of leveraged funds. The proposed Fiscal Year 2025-2026 CDBG project application requests $250,000 in CDBG funds.

ANALYSIS/JUSTIFICATION:

Staff is recommending that the City Council review and approve the proposed project and funding for the Stanton Community/Senior Center Improvement Project – Phase II. The proposed project requests $250,000 in CDBG funds, with no match from the City.

The following provides additional details regarding the proposed project. • Stanton Community/Senior Center Improvement Project – Phase II The City will use CDBG funds to complete a comprehensive improvement to the Stanton Community/Senior Center facility. The project includes upgrades to enhance ADA compliance, energy efficiency, and upgrades to the community center’s interior. The project is in a high priority neighborhood facility, serving an area meeting the LMI Benefit National Objective. The project would serve a target population including children, families, seniors, anyone experiencing or at-risk of homelessness, persons with disabilities, and veterans.

Staff is preparing the application package in accordance with CDBG regulations.

Proposals will be judged and awarded funding based on goals and objectives outlined in the County’s five-year Consolidated Plan with priority given to those projects which assist low and moderate-income families and households, the elderly and disabled.

Public Works projects that focus on preserving neighborhoods will also be considered a priority. The goal of the proposed project is to upgrade living conditions, enhance community safety, and help encourage a sense of community pride and public involvement.

The proposed project would also satisfy goals and action items contained within the City of Stanton’s General Plan by addressing deficiencies in the City’s infrastructure. 3 FISCAL IMPACT:

The City is requesting $250,000 in CDBG funds. There is no match required for this level of funding.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of the California Environmental Quality Act (CEQA) the project has been determined to be categorically exempt under Section 15301, Class 1 and Section 15332 Class 32.

PUBLIC NOTIFICATION:

Public notice for this item was made through the regular agenda process.

STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:

Objective No. 5: Provide a high quality of life
Objective No. 6: Maintain and promote a responsive, high quality and transparent government.

Prepared by: Zenia Bobadilla, Community Services Director Fiscal Impact: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Resolution No. 2024-39
RESOLUTION NO. 2024-39

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RESOLUTION NO. 2024-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA TO APPROVE THE CITY’S PARTICIPATION IN THE FISCAL YEAR 2025-2026

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) WITH THE

COUNTY OF ORANGE
WHEREAS, the City of Stanton submitted an application under FY 2025-26 FOR PUBLIC FACILITIES & IMPROVEMENTS REQUEST FOR APPLICATION BID NO. 012- 25010431- NC; and
WHEREAS, the CDBG Program is a federally funded program administered by the Housing and Urban Development Department (HUD) through grants to forty-nine States; and
WHEREAS, the CDBG Program is designed to assist local jurisdictions with projects such as the construction or reconstruction of streets, sewer and storm drain, neighborhood centers, recreation facilities, and with the rehabilitation of public and private buildings; and
WHEREAS, the City of Stanton desires to accept the award of CDBG funds and authorizes the execution of the necessary agreements, contracts and amendments and other corresponding documentation to accept the CDBG funds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:

1. The City of Stanton hereby accepts the award of CDBG funds through the County’s Urban Counties Program, which will be used to support the City of Stanton’s Public Facilities & Improvements Stanton Community/Senior Center Improvement ProjectPhase II under Bid No. 012-25010431- NC.

2. The City of Stanton authorizes the City Manager or his/her designee to execute, for and on behalf of the City of Stanton, the necessary agreements(s) and/or any other documents or instruments required by the County and/or the United States Department of Housing and Urban Development for participation in the Urban Counties Program and/or for acceptance of the CDBG funds under Bid No. 012- 25010431- NC
ADOPTED, SIGNED AND APPROVED this 26th day of November, 2024. _____________________________________
DAVID J. SHAWVER, MAYOR
Attachment: A
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RESOLUTION NO. 2024-39

Page 2 of 2 ends

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. 2024-39 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 November 26, 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
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: APPROVE RESOLUTION NO. 2024-32 AUTHORIZING THE ESCHEATMENT OF UNCLAIMED PROPERTY TO THE CITY’S

GENERAL FUND
REPORT IN BRIEF:

On June 11, 2024, staff provided the City Council with Administrative Policy No. IV-4-15 regarding unclaimed property. Pursuant to the policy, the Finance Department issued a public notification to the public regarding unclaimed checks which have been held over three (3) years. Exhibit A represents checks that have not been claimed and shall now become the property of the City and transferred to the General Fund.

RECOMMENDED ACTION:

CALIFORNIA, AUTHORIZING THE ESCHEATMENT OF UNCLAIMED

PROPERTY TO THE CITY OF STANTON GENERAL FUND IN
ACCORDANCE WITH APPLICABLE LAW”.

BACKGROUND:

On June 11, 2024, the City Council approved Administrative Policy IV-4-15. This policy outlines how the City of Stanton handles unclaimed money in compliance with California Government Code Sections 50050-50056. Unclaimed funds that are not the City's property, excluding victim restitution, may be claimed by rightful owners within three years. After this period, the funds are advertised publicly and, if still unclaimed after 45 Item: 9E
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2 days, become the City's property. Restitution to victims unclaimed after three years is used for victim services or deposited into the Restitution Fund. Unclaimed funds, once transferred, return to their original accounts or, if legally allowed, to the General Fund.

ANALYSIS/JUSTIFICATION:

The City Clerk posted a public notice in The Orange County Register on Friday September 20, 2024, for two consecutive weeks. No claims were made for the published outstanding checks.

FISCAL IMPACT:

The cost of the public notification of $1,219.80 was funded by the Finance Department’s Fiscal Year 2024/25 Operating Budget. If the resolution is approved, General Fund revenues in Fiscal Year 2024/25 will increase by $7,172.

ENVIRONMENTAL IMPACT:

This project is categorically exempt under the California Environmental Quality Act Section 15061(b)(3), 15273.

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: Amy Massey, Accounting Manager
Reviewed by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:

A. Resolution No. 2024-32
RESOLUTION NO. 2024-32

Page 1 of 2 ends

RESOLUTION NO. 2024-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,

AUTHORIZING THE ESCHEATMENT OF UNCLAIMED PROPERTY TO THE CITY OF

STANTON GENERAL FUND IN ACCORDANCE WITH APPLICABLE LAW
WHEREAS, under applicable state law, Government Code Section 50050 et seq., property that remains unclaimed by its rightful owner for a specified period shall be considered abandoned and subject to escheatment to the City of Stanton; and WHEREAS, the City Council has, in addition, established a policy on how the unclaimed funds will be returned in accordance with State law; and WHEREAS, the City Council, in the administration of its responsibilities, has accumulated certain unclaimed properties, including but not limited to unclaimed funds, checks, bonds, security deposits, or tangible personal property, which have not been claimed by their rightful owners despite reasonable efforts to notify such individuals or entities; and WHEREAS, the City of Stanton has conducted appropriate due diligence, including notice to potential claimants, and has fulfilled all legal requirements to identify and notify the owners of such unclaimed property identified in Exhibit “A” to this resolution; and WHEREAS, in accordance with the applicable escheatment laws, policies, and regulations, the City of Stanton may transfer the unclaimed property to the City of Stanton General Fund after the expiration of the legally prescribed holding period.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: The City of Stanton is hereby authorized and directed to escheat and transfer all unclaimed property held by the City of Stanton for the statutory period, as identified in Exhibit “A” to this resolution, to the City of Stanton General Fund as permitted by Government Code Section 50050 et seq.

SECTION 2: The Finance Director, or their designee, is hereby authorized and directed to take any and all actions necessary to carry out the escheatment of unclaimed property, including the preparation of reports and the execution of all necessary documents as required by law.

SECTION 3: This resolution shall be effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED this 26th day of November 2024.

DAVID J. SHAWVER, MAYOR
Attachment: A
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RESOLUTION NO. 2024-32

Page 2 of 2 ends

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. 2024-32 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 November 26, 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
Check No Vendor Name Check Date Amount Fund
132739 HUA PHUOC 9/10/2020 $84.00 101
132915 MARQUEZ, JOB 10/22/2020 $41.00 101
133688 TOM VO'S TAEKWONDO 4/22/2021 $21.00 101
133759 TOM VO'S TAEKWONDO 5/6/2021 $21.00 101
132338 STEVEN DO 7/2/2020 $120.00 801
132812 KENNY NGUYEN 9/24/2020 $240.00 801
133160 CHINH TRAN 12/17/2020 $30.00 801
133183 HENRY CAO 12/17/2020 $1,800.00 801
133318 BRICE ROOFING INC 1/28/2021 $315.00 801
133104 CORNERSTONE COMMUNICATIONS &

PUBLIC RELATIONS INC
12/17/2020 $4,500.00 901
Total Escheated Checks: $ 7,172.00

ESCHEAT CHECKS BY FUND
EXHIBIT "A"
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: ACCEPTANCE OF THE 8940 PACIFIC AVENUE DEMOLITION AND

ABATEMENT PROJECT
REPORT IN BRIEF:

The 8940 Pacific Avenue Demolition and Abatement Project consisting of the demolition and abatement of the vacant 4-plex building located at 8940 Pacific Avenue is now complete. The final construction cost for the project was $96,000, the contract award amount. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of November 4, 2024, and recommends that the City Council accept the completed work performed on this project.

RECOMMENDED ACTION:

1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 1, and 15301l(3); and

3. Approve the final construction contract amount of $96,000 with Interior Demolition, Inc.; and

4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and

Item: 9F
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2 BACKGROUND:

Following the demolition of 8930 Pacific Avenue, the transients that were trespassing and breaking into 8930 Pacific Avenue have now begun trespassing and breaking into 8940 Pacific Avenue. The City received multiple calls for service related to trespassing, and during one of the recent responses, staff was threatened by a transient brandishing a wine bottle as a weapon. Staff recommended the demolition of 8940 Pacific Avenue to prevent trespassing and other unauthorized illegal activities that may threaten the public health, safety, and welfare of the Tina Pacific community.

The City’s Purchasing and Contracting Guidelines allow for exceptions to the standard procurement procedures when it is determined to be in the best interests of the City to preserve the public health, safety, and welfare of the community. As such, staff recommended award of contract to Interior Demolition, Inc., who was the lowest responsible bidder in 2022, at the time of the last Tina Pacific demolition project.

On August 27, 2024, Interior Demolition, Inc. was awarded the contract for the project in the amount of $96,000 under the exceptions to the standard procurement procedures listed above.

ANALYSIS/JUSTIFICATION:

The total construction cost for this project was $96,000, which is the awarded contract amount. No change orders were issued for this project.

The 8940 Pacific Avenue Demolition and Abatement Project has been completed in conformance with the project plans and specifications and has been accepted by the City Engineer.

FISCAL IMPACT:

The total project amount to be paid to Interior Demolition, Inc. for construction is $96,000 utilizing funds available from the Housing Authority as approved in the Fiscal Year 2024/2025 Operating Budget.

ENVIRONMENTAL IMPACT:

The project has been determined to be categorically exempt under the California Environmental Quality Act (CEQA), Class 1, Section 15301l (3) LEGAL REVIEW:

None.
3 STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 1: Provide a safe community.

PUBLIC NOTIFICATION:

Notifications were performed through the normal agenda process.

Prepared by: Han Sol Yoo, Civil Engineer
Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:

A. Notice of Completion
Recording requested by and
when recorded mail to:

CITY OF STANTON
7800 KATELLA AVE.

STANTON, CA 90680

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE SECTION 27383

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is the City of Stanton.

3. The full address of owner is 7800 Katella Avenue, Stanton, CA 90680.

4. The nature of the interest or estate of the owner is: Public Facility.

5. A work of improvement on the property hereinafter described was completed on November 4, 2024. The work was the 8940 Pacific Demolition and Abatement Project.

6. The name of the contractor for such work of improvement was: Interior Demolition, Inc.

7. The property on which said work of improvement was completed is in the City of: Stanton, County of Orange, and State of California.

Dated:______________________ ___________________________________, City of Stanton Verification for Individual Owner Cesar Rangel, City Engineer

VERIFICATION
I, the undersigned, say: I am the City Engineer of the City of Stanton, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _______________________________, 2024, at Stanton, California. _________________________________________, City of Stanton Cesar Rangel, City Engineer
(Space above this line for Recorder’s use)
Attachment: A
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1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: PURCHASE OF TEN BLUE LIGHT PUBLIC SAFETY CAMERAS REPORT IN BRIEF:

Staff is requesting that the City Council authorize the purchase of ten (10) blue light cameras at a total cost of $45,869.16. The City’s purchasing policy requires purchases over $40,000 are approved by the City Council.

RECOMMENDED ACTION:

2. Waive the competitive procurement process since only one known supplier has been identified and allow for the sole source procurement of professional services; and

3. Authorize the City Manager to approve the purchase of ten (10) blue light public safety cameras totaling $45,869.16 .

BACKGROUND:

To further advance the City’s Strategic Plan Objective Number 6, the City has implemented modern public safety deterrent strategies to promote and maintain a high quality of life. Blue light security cameras, so named due to their blinking blue lights, are one strategy that has proven to be highly effective. These cameras promote public safety, quality of life, and economic development due to their ability to locate and deter crime.

Police officers can use the video evidence to conduct investigations of crimes that would have otherwise been undetected.

Based on a partnership with the neighboring City of Anaheim, the City of Stanton is able to utilize the City of Anaheim’s existing network infrastructure. On September 13, 2022, the City Council approved an appropriation of $50,000 from the American Rescue Plan Act of 2021 for the purchase of ten blue light public safety cameras through the City of Item: 9G
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2 Anaheim. On February 29, 2023, staff purchased these cameras through the City of Anaheim’s vendor, Continental Computers at a cost of $41,274.46. In consultation with the Orange County Sheriff’s Department and the City’s Public Safety Department, these cameras were placed at the following locations:
• On Beach Blvd., viewing the intersection of Starr St. and Beach Blvd. • On Beach Blvd., viewing the US Post Office
• On Beach Blvd., viewing the intersection of W. Cerritos Ave. and Beach Blvd. • On Beach Blvd., viewing the intersection of Katella Ave. and Beach Blvd. • On Beach Blvd., viewing the intersection of Orangewood Ave. and Beach Blvd. • On Beach Blvd., viewing the Home Depot Commercial Plaza • On Beach Blvd., near the intersection of Park Plaza
• On Beach Blvd., viewing the Rodeo 39 Commercial Plaza • On Beach Blvd., near the intersection of Acacia Ave.
• On Katella Ave., near the intersection of Western Ave.

ANALYSIS/JUSTIFICATION:

Based on the positive impact and feedback from resident and business owners, the City began fielding numerous requests from other neighborhoods and business property owners. During its Fiscal Year 2024-25 Budget Workshop, the Council approved the purchase of ten (10) additional blue light safety cameras, for a total of twenty (20) cameras throughout the community. If the proposed purchase is authorized, the new cameras will be placed at the following locations:
• Near the intersection of Beach Blvd. and 1st Street
• Near the intersection of Beach Blvd. and Main Street
• Near the intersection of Beach Blvd. and Lampson Ave. • Near the intersection of Katella Ave. and Boatman Ave. • Near the intersection of Katella Ave. and Mercantile Ave. • Near the intersection of Katella Ave. and Knott Ave.
• Near the intersection of S. Magnolia Ave. and Union Pacific Railroad Tracks • Near the intersection of Dale Ave. and Monroe Ave.
• Near the intersection of W. Garden Grove Blvd. and Court St. • In Stanton Park
The City’s Purchasing and Contracting Guidelines state the following related to sole source purchasing:

Sole source purchasing may be utilized if similar types of goods and services may exist, but only one supplier, for reasons of expertise, standardization, quality, compatibility, specifications, or availability, is the only source that is acceptable to meet a specific need.
3 Staff is requesting authorization to utilize sole source purchasing for the ten (10) additional blue light public safety cameras based on reasons of standardization and compatibility.

FISCAL IMPACT:

The Fiscal Year 2024-25 Adopted Operating Budget includes $40,000 in funds for the purchase of the ten (10) additional blue light public safety cameras. Including the required mounting equipment, integration kit, licenses, and taxes, the total cost for the cameras is $45,869.16 (Attachment 1). Staff will transfer $5,869.16 from the Safe Streets Together budget to cover the difference.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 1: Provide a safe community.

Obj. No. 2: Promote a strong local economy.

Obj. No. 5: Provide a high quality of life.

Prepared by: Hannah Shin-Heydorn, City Manager
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Invoice

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: ASSEMBLY BILL (AB) 548 HOUSING POLICY
REPORT IN BRIEF:

Assembly Bill 548 (AB 548) seeks to protect California renters and ensure the habitability of their homes.

RECOMMENDED ACTIONS:

2. Approve Administrative Policy VIII-8-1 – Assembly Bill 548 Housing Policy.

BACKGROUND AND ANALYSIS:

The State Housing Law establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes an officer, employee, or agent of an enforcement agency to enter and inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of the State Housing Law, the building standards published in the State Building Standards Code, and other rules and regulations promulgated pursuant to the provisions of the State Housing Law that the enforcement agency has the power to enforce.

AB 548 requires local enforcement agencies, such as the City of Stanton, by January 1, 2025, to develop policies and procedures for inspecting a building with multiple units if an inspector or code enforcement officer has determined that a unit is in violation of the State Housing Law, and the inspector or code enforcement officer determines that the violations have the potential to affect other units of the building. AB 548 imposes new duties on local government officials, and as such, imposes a state-mandated local program.

Accordingly, staff has prepared Administrative Policy VIII-8-1 – Assembly Bill 548 Housing Policy. The policy will be effective January 1, 2025.

Item: 9H
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FISCAL IMPACT:

There is no fiscal impact associated with the recommended actions.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of California Environmental Quality Act (“CEQA”), the project is exempt pursuant to Sections 15378(a) and 15061(b)(3) of the State CEQA Guidelines (Title 14 of the California Code of Regulations).

PUBLIC NOTIFICATION:

Public notice was made through the regular agenda process.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 5: – Provide a high quality of life.

Prepared by: Hannah Shin-Heydorn, City Manager
Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Administrative Policy VIII-8-1 – Assembly Bill 548 Housing Policy CITY OF STANTON ADMINISTRATIVE POLICY Number
VIII-8-1
Date
November 26, 2024
SUBJECT:

Assembly Bill 548 Housing Policy
Authority
City Manager
Administrator
Administration Department
Public Safety Services
Department
I. PURPOSE
The purpose of this policy is to protect tenants’ rights and their living conditions in multi-unit complexes. This policy will provide procedures for proactive inspections of multi-unit complexes. Pursuant to Assembly Bill (AB) 548, codified as Health and Safety Code section 17970.7, City inspectors and code enforcement officers shall now have a procedure for inspecting a multi-unit complex when there is a violation of Health and Safety Code (“HSC”) section 17920.3 or HSC section 17920.10, and the inspector/code enforcement officer (“code enforcement officer”) determines that the defects or violations have the potential to affect other units of the building.

II. RESPONSIBILITY
A. It is the responsibility of the City Manager to:

1. Promulgate this policy to City staff; and

2. Direct the Public Safety Services Director and the Community & Economic Development Director to ensure City staff abide by the provisions of this policy.

B. It is the responsibility of the Public Safety Services Director and the Community & Economic Development Director to:

1. Ensure City staff are aware of and trained in the provisions of this policy; and

2. Direct appropriate staff to exercise the provisions of this policy as appropriate.

III. POLICY
It is the policy of the City of Stanton to properly handle violations of substandard living conditions within multi-unit complexes and to maintain an accurate record of noticing in order to protect tenants’ rights and the living conditions of the community.

IV. PROCEDURES
Attachment: A
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A. Inspection. All inspections are to be consistent with the current laws and inspection practices in place. Upon inspection of a unit within a multi-unit complex that is determined by the code enforcement officer to be substandard pursuant to HSC section 17920.3 or in violation of HSC section 17920.10, the code enforcement officer must determine whether those violations are such that they could reasonably affect additional units in the complex. The code enforcement officer shall document and photograph all violations that may be used as a basis for additional inspections of adjacent units.

B. Determination. When determining whether to inspect additional units, the code enforcement officer may consider factors including, but not limited to:
• Building type,
• Building age,
• Building size,
• Construction method,
• Cause of the substandard condition, and
• History of violations.

A non-exhaustive list of violations that could reasonably affect other units are:
• Mold,
• Mildew,
• Pests, and/or
• Lead hazards.

If one of the above listed or another violation is present and the code enforcement officer determines the violation(s) could reasonably affect other units, the code enforcement officer must inspect or attempt to inspect the following:
• Adjacent units (above, below, and neighboring), and
• Any additional units that the code enforcement officer determines could be reasonably affected.

If the violations are so severe and widespread as determined by the code enforcement officer, the code enforcement officer must inspect or attempt to inspect all units within the building. In the event the tenants of adjacent and reasonably affected units do not respond to the request to inspect, the code enforcement officer may seek an inspection warrant on the basis of the violations in the adjacent unit.

C. Notice Requirements. Upon the conclusion of the inspection, and within a reasonable time, the code enforcement officer shall draft a notice or order to repair or abate to advise the owner/operator and tenant of each known violation and of each action required to remedy the violation. Notice must be issued to the following:
• Property owner/operator,
• Tenant of unit,
• Tenants of adjacent units (above, below, and neighboring), and • Tenants of additional units that the code enforcement officer determines could be reasonably affected.

The notice should include the following:
• Date of the inspection,
• A non-exhaustive list of violation(s),
• Time frame in which to make the corrective actions, and • Anything required under the City’s Municipal Code (i.e., right to appeal).

If the violations are so severe and widespread as determined by the code enforcement officer, the code enforcement officer must notify all tenants within the building.

D. Re-Inspection. The code enforcement officer must schedule a re-inspection to verify the anticipated corrections outlined in the notice or order to repair or abate.

V. COMPLIANCE WITH LAWS
All inspections are to be consistent with the current laws and inspection practices in place. 1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: ACCEPTANCE OF FISCAL YEAR 2024-25 TOBACCO GRANT

PROGRAM FUNDING, ADOPTION OF GOVERNING BODY
RESOLUTION NO. 2024-38, AUTHORIZATION OF A MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY AND STATE OF

CALIFORNIA DEPARTMENT OF JUSTICE, AND AUTHORIZATION OF

ONE ADDITIONAL TEMPORARY FULL TIME EQUIVALENT POSITION

IN THE PUBLIC SAFETY DEPARTMENT
REPORT IN BRIEF:

The Office of the Attorney General makes these funds available annually to local agencies through the California Department of Justice Tobacco Grant Program. Funding for the Tobacco Grant Program provides local public agencies with funding to support programs that enforce State and local laws related to the illegal sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and

THE STATE OF CALIFORNIA DEPARTMENT OF JUSTICE, OFFICE OF

ATTORNEY GENERAL, TOBACCO GRANT PROGRAM, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT
Item: 9I
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2 PROGRAM MEMORANDUM OF UNDERSTANDING AND RELATED
DOCUMENTS”; and

4. Authorize one additional temporary Full Time Equivalent (FTE) position in the Public Safety Department for the title of Code Enforcement Officer (Limited-Term) for the term of the grant funding.

BACKGROUND:

The City of Stanton submitted a grant application to the State of California Department of Justice for the Fiscal Year 2024-25 Tobacco Grant Program. This program provides local public agencies with funding to promote a healthier California by reducing illegal sales and marketing of cigarettes and tobacco products. The Office of the Attorney General makes these annual funds available to local government agencies through the California Department of Justice Tobacco Grant Program. On October 16, 2024, the California Department of Justice notified the City that its grant application for the Fiscal Year 2024- 25 grant cycle had been approved. The total amount that the City was granted through this program is $199,710.

ANALYSIS/JUSTIFICATION:

Proposition 56, The California Healthcare Research and Prevention Tobacco Tax Act, was approved by voters in 2016. The initiative allocates a portion of annual revenue to the California Department of Justice to support local agencies to reduce the illegal sale of tobacco products to minors. For the 2024-25 grant cycle, $199,710 in grant funding was awarded to the City of Stanton to combat the illegal sale of tobacco products to minors. The Tobacco Grant Program is a reimbursable grant and will be funded for a three-year period through June 2028.

FISCAL IMPACT:

The total appropriations for this grant are funded by the additional revenue received from the State of California, Department of Justice.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, as it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment).
3 LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Public notice for this item was made through the regular agenda process.

STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:

Objective No. 1: Provide a safe community
Objective No. 5: Provide a high quality of life
Objective No. 6: Maintain and promote a responsive, high quality and transparent government.

Prepared by: Patricia A. Vazquez, City Clerk
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Award Letter, California Department of Justice
B. Memorandum of Understanding (DOJ-PROP56-2024-25-1-068) C. Proposed Resolution No. 2024-38

CA LI FORNI A

DEPARTMENT OF JUSTICE
October 16, 2024
James Wren, Public Safety Services Director
Stanton, City of
1401 Dove St, Suite 330
Newport Beach, CA 92660
Rob Banta
Attorney General

DIVISION OF OPERATIONS

OFFICE OF THE CHIEF

GRANT SERVICES BRANCH

TOBACCO GRANT PROGRAM
P.O. Box 160187
Sacramento, CA 95816-0187
Telephone: (916) 210-6422
E-Mail Address: [email protected]
Re: Tobacco Grant Award Notification Fiscal Year 2024-25 (RFP: DOJ-PROP56-2024-25-1) Dear: Director James Wren
Congratulations I On behalf of the California Department of Justice {DOJ), Tobacco Grant Program, I am pleased to inform you that your agency's grant application for the fiscal year 2024-25 grant cycle has been approved for grant funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your agency's grant award is $199,710,
The Tobacco Grant Program award process is highly competitive, and for the 2024-25 grant cycle, the Department received over $SO million in requests. As noted in the application materials, grant funding prioritized support for local retailer enforcement, including enforcement of flavored tobacco bans. Consequently, some awards were approved with modifications to align with these funding priorities. Attached is a Summary of the Award and Budget Detail outlining the funding provided along with any modifications applied.

To accept the 2024-25 grant award, please complete and return a signed copy of your Letter of Intent (see template and instructions attached) by email within 15 calendar days of the date of this letter. This letter will affirm either:

1. Your agency will seek a resolution from the governing body to accept the award (if your agency has a governing body); OR

2. No governing body exists and no resolution is required.

Please email the signed Letter of Intent as noted above to [email protected] with the subject line including the name of your agency: "FY 24-25_Letter of lntent_Stanton, City of*." Upon receipt of this information, DOJ will provide your agency with additional documents for execution/use (e.g., Memorandum of Understanding, Governing Body Resolution template, Grantee Handbook, etc.). These documents will contain more information Attachment: A
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October 16, 2024

Page 2 ends

about the process for reimbursement and other important details. Activities for reimbursement under this grant may commence on or after November 1, 2024 depending upon your selected start date.
' Should you have any questions regarding this letter or the required follow up information, please email [email protected].

Attachments:

Letter of Intent
Summary of Award
Budget Detail
Sincerely,

JENNIFER IVERY JOHNSON
Manager, Grant Services Branch
For ROB BONTA
Attorney General
Tobacco Grant Program
Grant Services Branch – Local Assistance
Division of Operations
Stanton, City of DOJ-PROP56-2024-25-1-068

Page 1 of 3 ends

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Stanton, City of (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2024-25 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:

Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2024), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.

In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount.

Attachment: B
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Stanton, City of DOJ-PROP56-2024-25-1-068

Page 2 of 3 ends

PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.

TERMS
Grant Duration: 11/1/2024 – 6/30/2028
Award Amount
Category of Expenditure Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Budget
FY 2027-2028
Personal Services $62,400 $62,400 $62,400 $
Operating Expenses and
Equipment $1,000 $1,000 $1,000 $
Administrative Costs (Not to
Exceed 5%) $3,170 $3,170 $3,170 $
TOTAL AWARD AMOUNT $199,710
The time limit for reimbursements against this award ends 6/30/2028. Requests for reimbursement received after 7/15/2028 cannot be considered by DOJ.

GRANTEE CONTACT INFORMATION
Hannah Shin-Heydorn, City Manager
Stanton, City of
7800 Katella Avenue, Stanton, CA 90680
(714) 890-4277
[email protected]
Stanton, City of DOJ-PROP56-2024-25-1-068

Page 3 of 3 ends

AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties. ___________________________________ ___________________ NAME: Hannah Shin-Heydorn Date
Title: City Manager
Agency: City of Stanton
Attest:
___________________________________ ___________________ NAME: Patricia A. Vazquez Date
Title: City Clerk
Agency: City of Stanton
______________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice
___________________________________ ___________________ NICOLE LEARNED, Administrative Manager Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice
RESOLUTION NO. 2024-38

Page 1 of 2 ends

RESOLUTION NO. 2024-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ACCEPTING FUNDS IN THE AMOUNT OF $199,710 FROM THE STATE OF

CALIFORNIA DEPARTMENT OF JUSTICE, OFFICE OF ATTORNEY GENERAL,

TOBACCO GRANT PROGRAM, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE GRANT PROGRAM MEMORANDUM OF UNDERSTANDING AND

RELATED DOCUMENTS
WHEREAS, the City of Stanton (City) is interested in participating in the Tobacco Grant Program, which is made available through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) and administered by the State of California Department of Justice, Office of the Attorney General, Tobacco Grant Program (DOJ) to support the local efforts to reduce the illegal sale of tobacco products to minors in the City; and
WHEREAS, following the City’s submittal of a proposal for the Tobacco Grant Program, the State of California DOJ offered to award $199,710 for the Tobacco Grant Program beginning November 1, 2024 and ending June 30, 2028; and WHEREAS, Tobacco Grant Program funds will be used for personal services, operating expenses and equipment related to tobacco enforcement operations, local retailer inspection operations, DOJ-sponsored training, and related activities authorized by the Grantee Handbook; and
WHEREAS, in order to be considered eligible to receive the Tobacco Grant Program funding, the City must adopt a Resolution accepting the award and submit an executed Tobacco Grant Program Award Memorandum of Understanding to the State of California DOJ.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:

SECTION 1: The City of Stanton accepts an award in the amount of $199,710 from the State of California DOJ for the Tobacco Grant Program.

SECTION 2: The City Manager is hereby authorized and directed, on behalf of the City, to execute any documents related to the acceptance of the Tobacco Grant Program funding.

SECTION 3: The City Manager is hereby authorized and directed, on behalf of the City, to execute the Tobacco Grant Program Memorandum of Understanding (DOJ-PROP56- 2024-25-1-068) and any related documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the Tobacco Grant Program.

Attachment: C
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RESOLUTION NO. 2024-38

Page 2 of 2 ends

SECTION 4: The City Manager is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfers, and/or distributions of funds on behalf of the City as are necessary and appropriate to carry out the purpose and intent of this Resolution.

SECTION 5: The Tobacco Grant Program funds received hereunder shall not be used to supplant ongoing law enforcement expenditures.

PASSED, APPROVED, AND ADOPTED this 26th day of November, 2024. __________________________
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
_____________________________________

HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-38 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 November 26, 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 OF STANTON

REPORT TO THE STANTON HOUSING AUTHORITY
TO: Honorable Chairman and Members of the Authority Board DATE: November 26, 2024
SUBJECT: LOW AND MODERATE INCOME HOUSING ASSET FUND ANNUAL REPORT FOR FISCAL YEAR 2023-2024 (HOUSING AUTHORITY)
REPORT IN BRIEF:

The attached Low and Moderate Income Housing Asset Fund Annual Report for Fiscal Year 2023-2024 is being presented for consideration as required by State Law.

RECOMMENDED ACTION:

1. Authority Board declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3); and

2. Receive and file the Annual Progress Report.

BACKGROUND:

Section 34176.1(f) of the California Health and Safety Code requires the Stanton Housing Authority, as Housing Successor, to conduct an independent financial audit of the Low and Moderate Income Housing Asset Fund (LMIHAF) within six months of the end of the Fiscal Year (FY).

ANALYSIS/JUSTIFICATION:

The FY 2023-2024 LMIHAF Annual Report is organized into thirteen different sections detailing housing assets and activity as required by Dissolution Law, including but not limited to:
• Amount of loan repayment
• Amount deposited into the fund
• Ending balance
• Description of expenditures
• Book value of assets owned by the Housing Successor
1 Item: 9J
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The financial statements of the Housing Successor are reviewed in conjunction with the City’s annual audit.

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of the CEQA, this project has been determined to be exempt under Section 15061(b)(3), as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 6: Maintain and promote a responsive, high quality, and transparent government.

PUBLIC NOTIFICATION:

Through the regular agenda posting process.

Prepared by: Crystal Landavazo, Community and Economic Development Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Housing Successor Annual Report for Low and Moderate Income Housing Asset Fund for Fiscal Year 2023-2024

HOUSING SUCCESSOR ANNUAL REPORT FOR LOW- AND MODERATE-INCOME HOUSING ASSET FUND FISCAL YEAR 2023-24
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)

STANTON HOUSING AUTHORITY
This Housing Successor Annual Report (Report) regarding the Low- and Moderate-Income Housing Asset Fund (LMIHAF), has been prepared pursuant to California Health and Safety Code (HSC) Section 34176.1(f). This Report sets forth certain details of the Stanton Housing Authority (Housing Successor) activities during Fiscal Year 2023-2024 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor as required by Part 1.85, Division 24 of the HSC, in particular sections 34176 and 34176.1 (Dissolution Law).

The following Report is based upon information prepared by City staff on behalf of the Housing Successor.

The financial statements of the Housing Successor are audited in conjunction with the City’s annual audit.

This Report is organized into Sections I through XIII pursuant to Section 34176.1(f) of the Dissolution Law:

I. Amount of Loan Repayment Transferred to the LMIHAF: Twenty percent of any loan repayment must be deducted from the loan repayment amount and be transferred to the LMIHAF.

II. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from other amounts deposited.

III. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from other amounts deposited with Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from other amounts deposited.

IV. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized.

V. Book Value of Assets Owned by Housing Successor: This section provides the book value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.

VI. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous fiscal years, including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF funds will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees, or special needs housing.

Attachment: A
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VII. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.

VIII. Status of Compliance with Section 33334.16: This section reports the status of compliance with Section 33334.16 for interests in real property that were acquired by the former redevelopment agency prior to February 1, 2012.

IX. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that were outstanding as of February 1, 2012, along with the Housing Successor’s progress in meeting those prior obligations of the former redevelopment agency, and the Housing Successor’s plans to meet any unmet obligations.

X. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by each specified income restriction for a five-year period beginning January 1, 2014, and whether certain statutory thresholds have been met. Reporting of this Income Test is not required until 2019. The first five-year period for reporting this information is included in this Report.

XI. Senior Housing Test: This section provides the percentage of deed-restricted rental housing units restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency and its host jurisdiction within the same 10- year time period.

XII. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the housing successor’s plan for eliminating the excess surplus.

XIII. Inventory of Homeownership Units: This section provides a summary of covenanted homeownership units assisted by the former redevelopment agency or the housing successor that include equity sharing and repayment provisions, including: (A) number of units; (B) number of units lost to the portfolio in the last Fiscal Year and the reason for those losses, (C) any funds returned to the housing successor pursuant to losses or repayments, and (D) identify contracts for the management of housing units.

This Report is to be provided to Housing Authority and its governing body, the City Council, in accordance with the Dissolution Law and the HAL. In addition, this Report will be posted and made available to the public on the City’s website at:
https://www.stantonca.gov/departments/community_development/housing_program.php and thereafter appended to the City’s annual update report prepared under Section 65400 of the Government Code.

I. Amount of Loan Repayment Transferred to the LMIHAF: A total of $0 was repaid to the Rehabilitation Loan Program for the Fiscal Year
II. Amount deposited into LMIHAF: A total of $1,134,547 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited in to the LMIHAF, $0.00 were held for items listed on the ROPS.

III. Ending Balance of the LMIHAF: At the close of the Fiscal Year, the ending balance in the LMIHAF was $10,354,491 of which $0.00 were held for items listed on the ROPs.

Description of Expenditures from LMIHAF: The following is a description of expenditures from the LMIHAF by category:
2023-24
Monitoring & Administration Expenditures:

Housing Administration $ 159,811
Operation and Maintenance of
Affordable Housing 1,314,921
Total $ 1,474,732
Homeless Prevention and Rapid Rehousing
Services Expenditures:

Homeless Outreach Services $ 16,143
Rapid Rehousing Services 145,680
Total $ 161,823
Housing Development Expenditures:

Expenditures on Low Income Units 0
Expenditures on Very-Low Income Units 0
Expenditures on Extremely-Low Income Units 0
Total Housing Development Expenditures $ 0
Total LMIHAF Expenditures in Fiscal Year $ 1,636,555
IV. Statutory Value of Assets Owned by Housing Successor: Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former Redevelopment Agency as listed on the Housing Asset Transfer Schedule (HATS) approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Authority, as Housing Successor, pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Authority, as housing successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.

The following provides the Book Value of assets owned by the Housing Authority, as housing successor.

As of End of FY
Book Value of Real Property Owned by Housing Authority $20,289,219 Value of Loans and Grants Receivable $978,000
Total Value of Housing Successor Assets $21,267,219
V. Description of Transfers: The Housing Authority, as housing successor, made 0 LMIHAF transfers to other housing successors under Section 34176.1(c)(2) during the Fiscal Year.

VI. Project Descriptions: The Housing Authority as housing successor, is not owed nor holds property tax revenue pursuant to the ROPS for any project during the Fiscal Year or at June 30, 2024.

VII. Status of Compliance with Section 33334.16: With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time period described in Section 33334.16 is deemed to have commenced on the date that the Department of Finance (DOF) approved the property as a housing asset for the LMIHAF. Thus, as to any real property acquired by the former Redevelopment Agency that is now held by the Housing Successor in its LMIHAF, the Housing Successor must initiate development activities consistent with the purpose for which the property was acquired within five years of the date that the DOF approved such property to be a housing asset. The following provides a status update on the properties that were acquired prior to and after February 1, 2012:

Date
Acquired
Address Status of Housing Successor Activity
6/28/2011
6/14/2011
8930, 8940, 8950, 8960, and
8970 Tina Way: and 8831,
8841, 8851, 8870, 8910, 8920
and 8970 Pacific Avenue
8890 Tina Way: and 8861,
8871, 8881, 8891, 8901, 8911,
8930, 8940, 8941, 8880, 8940,
8950, 8951Pacific Avenue
Part of Tina-Pacific neighborhood proposed
multifamily project (see Section IX). The
Stanton Housing Authority approved a
deadline extension for these properties on
April 10, 2018. The City entered a Disposition
and Development agreement for these
properties on September 25, 2018. On
August 11, 2020, the Stanton Housing
Authority suspended two separate but
related Disposition and Development
Agreements with Related/Tina Pacific I
Development Co., LLC and Related/Tina
2/20/2012 8931 Pacific Avenue
Pacific II Development Co., LLC – both of
which pertained to several improved and
unimproved parcels of property on Tina Way
and Pacific Avenue. On October 27, 2020, the
City and Authority declared these properties
surplus land pursuant to Government Code
Section 54220 to market and sell the
properties and apply the proceeds of any and
all sales to other affordable housing projects
in the City.

In January 2021 we received a Letter of
Intention from three firms and entered into
good faith negotiations with Related
Development Co, Brandywine Homes, and
Volunteers of America. The City is working to
select a firm to complete the rehabilitation
and redevelopment of the Tina Pacific
Neighborhood. In March of 2021, the City
demolished a City-owned unhabitable
apartment structure comprised of 4 units in
the Tina/Pacific neighborhood. The City
anticipates replacing these units as part of
the redevelopment effort for the
neighborhood. On December 14, 2021, the
City Council approved an Exclusive
Negotiation Agreement (ENA) with
Brandywine Acquisitions Group, C&C
Development Co. and National Community
Renaissance of California regarding the TinaPacific Neighborhood. The project conceptually consists of 116 market-rate
townhomes and a minimum of 108
affordable multi-family rental apartments.

On June 28, 2022, City Council awarded a
construction contract to Interior Demolition,
Inc., to provide professional demolition and
abatement services in the amount of
$93,800.00 for the 8861 Pacific Avenue
demolition and abatement project. The
structure located was severely damaged by
fire and was demolished. On January 24,
2023, City Council and the Housing Authority
Board approved a final extension of 180 days
to allow the completion of project
negotiations.
6/28/2011 7455 Katella Avenue The property was sold to KB Homes on October 22, 2019, for $810,000. An
application submitted by KB Homes was
approved to build 36 residential
condominium units on a vacant lot. The
project has been completed in 2024.

VIII. Description of Outstanding Obligations under Section 33413: Prior to dissolution, the Stanton Redevelopment Agency purchased twenty-five (25) properties in the Tina/Pacific neighborhood utilizing the Low- and Moderate-Income Housing Fund. The Agency relocated residents from 12 of the properties and subsequently demolished the buildings. In total, sixty-one (61) residential units were removed.

The City has been working to redevelop the Tina-Pacific neighborhood with new multifamily development including affordable housing units. In March of 2021, the City demolished a Cityowned unhabitable apartment structure comprised of 4 units in the Tina/Pacific neighborhood and anticipates replacing these units as part of the ongoing redevelopment effort. On December 14, 2021, the City Council approved an Exclusive Negotiation Agreement (ENA) with Brandywine Acquisitions Group, C&C Development Co. and National Community Renaissance of California regarding the Tina-Pacific Neighborhood. The project conceptually consists of 116 market-rate townhomes and a minimum of 108 affordable multi-family rental apartments. On January 24, 2023, the City Council/Housing Authority Board approved a final extension of 180 days to allow for the completion of project negotiations and presentation of a finalized draft of the DDA and Purchase and Sale Agreement to the Council. As of May 21, 2024 the City Council has voted to terminate the ENA. This extension had been extended for a final time. It has since expired as of August 10, 2024.

On September 22, 2020, the City Council and Housing Authority approved a funding commitment in the amount of $5 million from the Housing Authority to Jamboree Housing Corporation in support of Housing Projects contemplated for vulnerable populations. On November 17, 2020, The City Council and Housing Authority approved two Homekey Program Matching Grant and Regulatory agreements to Jamboree Housing for the development of the Stanton Inn & Suites and Tahiti Motel as interim and permanent supportive housing. On March 29, 2022, the Housing Authority amended the Stanton Inn Grant Agreement for Project Homekey. The Regulatory Agreements were also amended to clarify the affordability levels of the units. All units in both Projects shall be restricted to Very Low Income individuals and households making no more than 50% of the Average Median Income (AMI) in Orange County.

On October 27, 2020, the City entered into a 60-year lease agreement with Jamboree Housing Corporation for the property located at 11870 Beach Boulevard. The City-owned property is adjacent to the existing Tahiti Motel and will be used accommodate the community building, outdoor amenities and other service features for the residents of the Project Homekey development. On October 26, 2021, the City Council approved the first amendment to the option to lease agreement with the Jamboree Housing Corporation (JHC), extending the option’s expiration date to April 18, 2022. On March 29, 2022, the City and the Tahiti Developer entered into a Lease Agreement. Terms of the lease include, a 99-year lease term, with annual rent of $1.00 per year, to be pre-paid in full on the commencement date of the lease.

On November 23, 2021, the City Council approved Homekey Program Permanent Supportive Housing Funding commitment for the Rivera Motel. The County of Orange, along with its coapplicant, Jamboree Housing Corporation submitted an application for the Riviera Motel. On June 28, 2022, the City executed the $2,500,000, single lump sum funding for the Riviera Motel Permanent Supportive Housing Conversion Project. The City’s contribution is approximately a quarter of the total cost for the Riviera Motel Permanent Supportive Housing Conversion Project and would maximize the Homekey contribution and the State’s matching requirement. This investment will support the immediate conversion of the units into permanent supportive housing and avoid the costly interim operations costs.

The Homekey projects are have completed their respective remodels and are fully operation. The Stanton Inn & Suites was finalized on October 19, 2023. The Riveria Motel was finalized on March 13, 2024. The Tahiti Motel was completed on December 14, 2023.

IX. Income Test: Section 34176.1(a)(3)(B) requires that the Housing Authority, as housing successor, post-dissolution to ensure that at least 30% of the funds in the LMIHAF are expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. The term “development” under this section is defined as: “new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section 65863.10 of the Government Code.” If the Housing Authority, as housing successor, were to fail to comply with the Extremely-Low Income requirement in any five year report, then as housing successor it must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest Fiscal Year following the report on households earning 30% or less of the AMI until the Housing Authority, as housing successor, demonstrates compliance with the Extremely-Low Income requirement.

On November 17, 2020, the City Council and Housing Authority approved two Homekey Program Matching Grant and Regulatory agreements for Jamboree Housing Corporation for the acquisition, rehabilitation and development of the Stanton Inn & Suites and Tahiti Motel as interim and ultimately permanent supportive housing. On November 18, 2020, $1,961,438 was distributed for the Tahiti Motel. On November 24, 2020, Stanton Inn & Suites was granted $607,712. As a part of the March 29, 2022 amended agreement, all units in both Projects shall be restricted to Very Low Income individuals and households making no more than 50% of the Average Median Income (AMI) in Orange County.

On September 14, 2021, the City Council approved the property transfer agreement of 11870 Beach Blvd. to the Stanton Housing Authority for a purchase price of $890,000. A community center is to be constructed on the site for the permanent supportive housing for low and very- low-income households at 11850 and 11892 Beach Blvd. This transfer facilitated the lease of the property to the Project Home Key Developer, Jamboree Housing. On March 29, 2022, the City and the Tahiti Developer entered into a Lease Agreement for the property. The terms of the lease include, a 99-year lease term, with annual rent of $1.00 per year, to be pre-paid in full on the commencement date of the lease.

On November 23, 2021, the City Council approved Homekey Program Permanent Supportive Housing Funding commitment for the Rivera Motel. On June 28, 2023, the City executed the $2,500,000, single lump sum funding for the Riviera Motel Permanent Supportive Housing Conversion Project. The Riviera Motel is proposed as an adaptive re-use of an existing 21-unit motel into PSH for extremely low-income individuals who are experiencing homelessness or chronically homelessness.

The Homekey Program Permanent Supportive Housing Projects have completed construction and are fully operational. As required per the Regulatory Agreements, an Income Certification Form used to confirm that the tenants are qualified households, whose income does not exceed 30% of the Area Median Family Income. Additionally, the City reserves the right to request and obtain file all Income Certification Forms completed by applicants for occupancy of the Affordable Units and by Qualified Households that occupied or are occupying Affordable Units.

X. Senior Housing Test: The Housing Authority, as housing successor, is to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the housing successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the housing successor, the former redevelopment agency and/or City within the same time period. If this percentage were to exceed 50%, then as the housing successor it cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Authority, as housing successor, or the City assists, and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.

Neither the former redevelopment agency nor the Housing Authority, as housing successor, provided financial assistance for development of senior housing within the past ten-year period.

Further, no such activity has occurred through this Fiscal Year of 2023-24.

XI. Excess Surplus Test: Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successor’s preceding four fiscal years, whichever is greater.

June 30, 2024
Total Housing Authority Liabilities and Fund Balance $ 10,354,491 Less: Bond Proceeds -
Available Fund Balance $ 10,354,491
Less Unavailable Amounts:

Loans Receivable 978,000
Available Housing Successor Funds 9,376,491
Limitation calculation
Aggregate amount deposited
for last four years:

FY 2023/2024 $1,134,547
FY 2022/2023 $936,606
FY 2021/2022 $1,541,743
FY 2020/2021 $938,703
Total $ 4,551,599
Base Limitation $ 1,000,000
Greater amount of $1,000,000 or
sum of four years deposits 4,551,599
Computed Excess/Surplus $ 4,824,892
XII. Inventory of Homeownership Units: This section provides an inventory of homeownership units assisted by the Former Agency and that are administered by the Housing Authority, as housing successor, which units are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low- and Moderate-Income Housing Fund per Section 33334.3(f).

Number of units assisted by the former
redevelopment agency
0 Number of units lost to the portfolio before
February 1, 2012
0 Number of units lost to the portfolio from
February 1, 2012 to June 30, 2020
0 Reason for Loss N/A
Funds returned to Housing Successor 0
Contracted with outside entity for
management
Yes - Tina-Pacific Neighborhood Property
Management
Name of outside entity Quality Management Group
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: RENEWAL OF DECLARATION THAT AN EMERGENCY CONDITION

EXISTS ARISING FROM DAMAGE TO THE WESTERLY END STANTON

PARK PEDESTRIAN BRIDGE
REPORT IN BRIEF:

The City Council will consider continuing to declare the repair of the westerly end Stanton Park pedestrian bridge an emergency. The original emergency condition was declared on November 12, 2024.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Continue to declare the repair of the westerly end Stanton Park pedestrian bridge an emergency.

BACKGROUND:

In June 2023, a vehicle collided with the Westerly End Pedestrian Bridge at Stanton Park (“the pedestrian bridge”), causing significant damage to the pedestrian bridge. Due to immediate safety concerns, the pedestrian bridge was promptly closed and secured.

However, these fixes are only temporary, and the City will need to procure additional services immediately to make additional repairs to the pedestrian bridge.

On November 12, 2024, City Council adopted Resolution 2024-36, which authorized that an emergency condition exists arising from damage to the Westerly End Stanton Park Pedestrian Bridge.

ANALYSIS/JUSTIFICATION:

Currently, staff is working on executing the contract and obtaining the necessary bonds prior to the start of construction.

Item: 9K
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2 FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3).

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the regular agenda posting process.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 3: Provide a quality infrastructure.

Prepared by: Cesar Rangel P.E., Director of Public Works/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: AN ORDINANCE ADDING CHAPTER 2.05 OF TITLE 2 OF THE

STANTON MUNICIPAL CODE TO ESTABLISH CAMPAIGN

CONTRIBUTION LIMITS AND REGULATIONS
REPORT IN BRIEF:

Following a discussion on November 12, 2024, the City Council directed staff to prepare an ordinance related to campaign contribution limits and related policies based on a sample ordinance developed by the non-profit group, Citizens Take Action. The attached ordinance is presented for the City Council’s consideration.

RECOMMENDED ACTION:

1. City Council open and conduct a public hearing; and

3. Introduce for first reading Ordinance No. 1155, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON ADDING CHAPTER 2.05 TO TITLE 2 (ADMINISTRATION AND

PERSONNEL) OF THE STANTON MUNICIPAL CODE RELATING TO

LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS AND
REGULATIONS”; and

4. Set December 10, 2024, as the date for second reading for adoption of Ordinance No. 1155.

BACKGROUND:

Over the past year, the City Council has discussed campaign contribution limits and related campaign finance policies, particularly in response to recent amendments to the Levine Act through Senate Bill 1439 (2022) and Senate Bill 1243 (2024). At its February 27, 2024, meeting, the City Council received a presentation from Citizens Take Action, Item: 10A
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2 a third-party 501(c)(4) nonprofit organization, regarding campaign finance laws and transparency. Based on its evaluation, Citizens Take Action issued findings from their report on municipal government practices in Orange County and recommended that the City adopt campaign contribution limits and related measures to strengthen transparency in campaign finance in the City of Stanton.

At its November 12, 2024, meeting, the City Council discussed campaign contribution limits and related campaign finance policies, the findings from Citizens Take Action, and a sample ordinance developed by Citizens Take Action. (See Sample Ordinance, Attachment “1”.) Following these discussions, the City Council directed staff to format the sample ordinance for the City of Stanton. The draft ordinance is now presented for the Council’s consideration and is included as Attachment “2”. Attachment 3 shows a limited redline of the ordinance that clarifies internal section references and corrects minor typos.

ANALYSIS/JUSTIFICATION:

Overview of Applicable Campaign Finance Legal Framework Assembly Bill 571 (“AB 571”) was approved by the Governor on October 8, 2019, and became operative on January 1, 2021. AB 571 gave cities the discretion to either set contribution limits of their own choosing (including unlimited contribution limits) or default to the state’s contribution limit. The City of Stanton did not establish a local campaign contribution limit, thereby defaulting to the state limit. The current default limit for city candidates subject to AB 571 for 2023-2024 is $5,500 per election per source, and is updated every two years to account for inflation.

The Levine Act, codified at Government Code section 84308, applies a mandatory recusal rule for both elected and non-elected officers1 who receive a payment of more than $250 from an applicant within 12 months prior to a decision and prohibits that officer from receiving a contribution of more than $250 from an applicant 12 months after a decision on certain permits, entitlements, or contracts. The dollar threshold will increase on January 1, 2025, from contributions more than $250 to more than $500.

Comparison of Proposed Ordinance and Applicable Legal Standards The City Attorney’s Office conducted a limited analysis of the sample ordinance in comparison to State law, provided in the following table. 1 For purposes of the Levine Act, an “officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. (Gov. Code § 84308(a)(4).)
3 Table 1. Comparison of Proposed Ordinance vs. State Law Topic Proposed
Ordinance
State Law Analysis
General Items
Duplication of
candidate’s
campaign materials
Classifies a
payment by any
committee for
distributing or
disseminating an
advertisement that
duplicates,
reproduces, or
republishes a
candidate’s
campaign materials
as a contribution
subject to regulation
under this
ordinance.
(§ 2.05.150.)
Generally allows
independent
duplication of
campaign materials
under free speech
principles, provided
there is no
coordination with
the candidate or
their campaign.

A prohibition on
republishing
campaign materials
could infringe on
independent
expenditure
committees’ (“IEC”)
free speech rights if
it applies without
proving coordination
with the candidate.
(See Citizens
United v. Fed.

Election Comm'n
(2010) 558 U.S.
310.)
Enforcement
procedures
Proposed ordinance
provides that
violations of the
proposed ordinance
and criminal
prosecution may be
commenced by the
district attorney,
Attorney General of
California, or other
“qualified and
independent special
counsel,” as may be
appointed by the
City attorney.

The City Attorney is
prohibited from
investigating or
prosecuting alleged
violations of this
ordinance.
(§ 2.05.180.)
AB 571 provides
that the FPPC will
not regulate the
administration or
enforcement of local
contribution limits
imposed by a city.

Relying on the
district attorney or
Attorney General to
initiate proceedings
may lead to delays
due to their broader
jurisdiction and
competing priorities.
4 Topic Proposed
Ordinance
State Law Analysis
Assembly Bill 571 (2019)
Contribution limit Imposes
contribution limits of
$1,000 per “person.”
(§ 2.05.050.)
State law imposes a
default contribution
limit for city
candidates subject
to AB 571 for 2023-
2024 at $5,500 for
election, subject to
inflation.

Implementing this
lower local limit
introduces stricter
controls compared
to the default
thresholds
established by State
law.

Affected donors Imposes
contribution limits of
$1,000 per “person”.
“Person” includes,
among others, all
committees
supporting or
opposing
candidates. This
prohibition appears
to also apply this
limit to independent
expenditure
committees, ballot
measure
committees, and
recall committees.
(§ 2.05.050.)
Campaign
contribution limits
do not apply to
independent
expenditure
committees, ballot
measure
committees, or
committees seeking
or opposing an
officer’s recall. A
local campaign
contribution limit
can only apply to
direct contributions
made to the
candidate or to the
candidate’s
controlled
committee.
(See Citizens
United v. Fed.

Election Comm'n
(2010) 558 U.S.
310.)
Imposing
contribution limits
on all committees,
or not precisely
specifying the types
of committees a
contribution limit
applies to, could
conflict with Citizens
United. (See
Citizens United v.

Fed. Election
Comm'n (2010) 558
U.S. 310.)
5 Topic Proposed
Ordinance
State Law Analysis
Levine Act (Government Code § 84308)
Contributions that
could require an
officer’s recusal
under the Levine
Act
Any contribution of
any amount from a
party or participant
could require the
officer’s recusal.
(§ 2.05.080.)
Under state law,
only a contribution
of more than $250
could require an
officer’s recusal
under the Levine
Act.
(Gov. Code §
84308(b)-(c).)
Beginning January
1, 2025, the
contribution amount
that could require a
recusal is $500 or
more.

Implementing this
lower local limit
introduces stricter
controls compared
to the default
thresholds
established by State
law, given that it
could require an
officer’s recusal for
a contribution of any
amount.

Definition of
“contribution”
Utilizes definition of
a contribution used
under the Political
Reform Act.
(§ 2.05.040(6); See
Gov. Code §
82015.)
State law provides a
definition specific to
the Levine Act.
(Gov. Code §
84308(a)(6).)
The proposed
definition conflicts
with the more
specific one used
under the Levine
Act.

Definition of a
“license, permit, or
other entitlement for
use”
Defines this term to
encompass all types
of contracts without
exclusion.
(§ 2.05.040(10).)
State law defines
this term to
encompass all
contracts other than
competitively bid,
labor, or personal
employment
contracts. (Gov.

Code §
84308(a)(5).)
Beginning January
1, 2025, this
exception is
expanded to
exclude contracts
under $50,000,
contracts between
two or more
government
The proposed
definition introduces
stricter controls
compared to State
law by eliminating
statutory
exemptions for
specific types of
contracts.
6 agencies, contracts
where no party
receives financial
compensation; and
periodic review or
renewal of
development
agreements or
competitively bid
contracts with nonmaterial
modifications.

Curing procedures
for excess
contributions
Requires the officer
to return the entire
contribution to cure
a violation within 14
days of the
contribution.
(§ 2.05.080(C)(2).)
State law allows an
officer to cure a
violation by
returning the entire
contribution or only
the portion of the
contribution in
excess of $250
within 14 days of
the contribution.
(§ Gov. Code
84308(d)(2)(A).)
State law also
clarifies that curing
can only occur if the
officer did not
knowingly and
willfully accept,
solicit, or direct the
prohibited
contribution.
(§ Gov. Code
84308(d)(2)(A)-(B).)
Beginning January
1, 2025, extends the
cure period from 14
days to 30 days.

The proposed
language introduces
stricter controls
compared to State
law, including by
eliminating the
flexibility to cure a
violation by
returning only the
excess portion of a
contribution.
7 Historical Litigation
There is a body of case law relating to campaign finance. Two cases that are particularly relevant to the proposed ordinance are Citizens United v. Federal Election Commission and Family Business Association of California vs. Fair Political Practices Commission.

The United States Supreme Court, in its 2010 decision in Citizens United, held that the risk of actual or perceived “pay to play” corruption is a compelling enough governmental concern to reduce First Amendment freedoms and allow limits on direct contributions to a candidate or their controlled committee. The court further determined, however, that the risk of “pay to play” corruption is not the same for independent expenditure committees (IEC) and, hence, limiting their ability to collect and spend money for campaign purposes would violate their First Amendment rights.

In sum, as long as an IEC (i) doesn’t give any money directly to a candidate or the candidate’s controlled committee, (ii) isn’t coordinating with, or acting at the behest of, a candidate or the candidate’s controlled committee, and (iii) files the required disclosure paperwork, the amounts that it collects and spends for campaign purposes cannot be limited. Likewise, other Supreme Court decisions provide that such limitations may not apply to ballot measure committees or committees seeking or opposing an officer’s recall because the Court has found that there is not enough risk of “pay to play” corruption to justify restricting First Amendment freedoms of these committees.

In a 2023 case, Family Business Association of California vs. Fair Political Practices Commission, a Sacramento County Superior Court upheld amendments to the Levine Act enacted under SB 1439, finding it did not violate the First Amendment of the U.S.

Constitution. The Court reasoned that SB 1439’s specific limitations on campaign contributions for local elected officials were justified by the State’s compelling interest in preventing quid pro quo (aka “pay to play”) corruption or its appearance.

That decision confirmed the constitutionality of SB 1439’s contribution restrictions; however, it did not speak to the issue of local ordinances that impose campaign contribution limits or recusal requirements that are more restrictive than State law.

FISCAL IMPACT:

There is no immediate fiscal impact associated with adoption of the proposed ordinance. However, if the City Council adopts campaign contribution limits for Council candidates that deviate from the State’s default limit, then the City, as opposed to the Fair Political Practices Commission, would be required to enforce its contribution limits, which may incur unknown cost.
8 ENVIRONMENTAL IMPACT:

Staff recommends that the City Council find that the proposed amendments to the Stanton Municipal Code are not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because it does not qualify as a “project” under CEQA for at least two different reasons: First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) The Ordinance enacts campaign finance provisions by setting local campaign contribution limitations and requiring reasonable campaign finance disclosure for elections. Such actions will not result in a direct or reasonably foreseeable indirect physical change in the environment. Accordingly, the Ordinance is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c)(2).) Second, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) The Ordinance constitutes an organizational or administrative activity that will not result in a physical change in the environment, given that it merely enacts regulations on campaign contributions and election activities, and it therefore is not subject to CEQA. (State CEQA Guidelines, § 15060(c)(3).)
LEGAL REVIEW:

The staff report, ordinance, and related documents have been reviewed by the City Attorney.

PUBLIC NOTIFICATION:

Public notice for this item was made through the regular agenda process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 4: Maintain and promote a responsive, high-quality, and transparent government.

Prepared by: HongDao Nguyen, City Attorney
Reviewed by: Hannah Shin-Heydorn, City Manager
Approved by: Hannah Shin-Heydorn, City Manager
Attachment(s):

A. Citizens Take Action sample ordinance
B. Proposed Ordinance No. 1155
C. Minimal Redline of Proposed Ordinance

ELECTION CAMPAIGN REGULATIONS
Intent and Purpose Reasons for ordinance
In enacting this chapter, the City Council finds and declares that moderate monetary contributions to political campaigns are a legitimate form of participation in the American political process. It is the policy of this City to protect the integrity of the electoral process, and to serve the best interests of the citizens of this City by regulating campaign finance.

Inherent in the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent of the City Council in enacting this chapter:

To place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in city elections.

To preserve an orderly political forum in which individuals may express themselves effectively.

To prevent the exercise by campaign contributors of potential undue or improper influence over elected officials.

To promote participation in government and foster trust that the democratic process is not subverted by affluent special interest groups.

To inform the public of the sources and objects of campaign contributions and expenditures.

To provide for the full and fair enforcement of the provisions of this chapter.

To encourage candidate adherence to election regulations by making them easier to understand.

Interpretation of this chapter Works with existing Cal gov code The requirements of this chapter shall be administered and interpreted consistent with the requirements of the Political Reform Act of 1974, as amended (State Government Code Section 81000 et seq.), and its implanting regulations, except where the provisions of this article impose additional requirements on any person subject to this article.

Attachment: A
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Severability Standard severability clause
It is the intent of the city council that this article be interpreted in a manner consistent with constitutional requirements. Should any provision hereof be determined to be invalid for any reason, the remainder shall be severed therefrom and shall remain in full force effect.

Definitions Defines key terms
Unless otherwise defined in this section, the words and phrases used in this article shall have the same meaning as defined in the Political Reform Act of 1974, Title 9 of the Government Code of the state, as the Act now exists or may hereafter be amended, including definitions set forth in regulations adopted by the Fair Political Practices Commission.
“Agency” means an agency as defined in Section 82003 except that it does not include the courts or any agency in the judicial branch of government, the Legislature, the Board of Equalization, or constitutional officers. However, this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency.
“Agent” means a person who acts on behalf or at the behest of any other person or accepts a contribution on behalf of a candidate. If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are “agents.”
“At the behest” means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express prior consent of.
"Candidate" applies to persons seeking an elective city office. “City” means city of Stanton
“Contribution” is defined in a manner identical with the definition found in Government Code Section 82015, contained within the Political Reform Act, and any related provisions in the California Code of Regulations. "Controlled committee" means a committee which is controlled directly or indirectly by a candidate or which acts jointly with a candidate or controlled committee in connection with the making of expenditures. A candidate controls a committee if he or she, his or her agent, or any other committee he or she controls, has a significant influence on the actions or decisions of the committee. “Election” means any city general, run-off, special, initiative, referendum or recall election.
“Individual” means a sole human being.
“License, permit, or other entitlement for use” means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts, and all franchises. “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency.
“Participant” means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency. “Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee (including both controlled and independent committees), labor union, and any other organization or group of persons acting in concert. “Political action committee” means receives contributions to use for political purposes, such as making contributions or independent expenditures to support or oppose candidates and ballot measures, or making contributions to political parties and other state and local campaign committees.
“Political party committee” means the state central committee or county central committee of an organization that meets the requirements for recognition as a political party pursuant to Section 5100 or 5151 of the Elections Code. “Political Reform Act” means the California Political Reform Act of 1974, as amended, found at Government Code Section 81000, et seq., and includes regulations adopted by the Fair Political Practices Commission.

Campaign Contribution Limits $1,000 limit on individuals and PACs, adjusted for inflation.

A. No person other than the candidate is permitted to make, and no campaign treasurer may solicit or accept, any contribution which will cause the total amount contributed by such person with respect to a single election in support of or opposition to such candidate, including contributions to all committees supporting or opposing such candidate, to exceed one thousand dollars ($1,000.00).

B. The terms of this section are applicable to any contributions made to a candidate or committee hereunder, whether used by such candidate or committee to finance a current campaign, to pay deficits incurred in prior campaigns, or otherwise.

C. The contribution limits set forth in this section shall be adjusted every oddnumbered year, starting in 2027. The City Clerk shall adjust the contribution limits to reflect any changes in the Consumer Price Index for the Orange County area for the two-year period ending on December 31st of the previous year. Adjustments shall be rounded to the nearest $10.00. The City Clerk shall publish a public notice of any adjustments by March 1st of each odd-numbered year, or as soon after as practicable, following the Bureau of Labor Statistics’ release of the applicable Consumer Price Index data. The adjustments shall go into effect as soon as the public notice is published but shall apply only to elections held in subsequent years. The adjustments shall not be construed to raise the contribution limits applicable to past elections or to special elections held in the same year that the limits are adjusted.

D. No candidate or controlled committee shall solicit or retain a contribution from any person when such contribution shall cause the contributor to be in violation of this article herein.

E. A contribution shall not be considered to be received if it is not negotiated, deposited, or utilized and, in addition, is returned to the donor within fourteen days of receipt.

Aggregation of Contributions Prevents aggregating contributions to get around contribution limits
A. Contributions from different persons, but which are financed, maintained, or controlled by the same person, shall be aggregated for the purposes of the contribution limits of [RELEVANT SUBSECTIONS]. All contributions made by a person whose contribution activity is financed, maintained, or controlled by an individual, shall be deemed to be made by the same person.

B. A contribution drawn from a checking account or credit card account held by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this section. A nonmonetary contribution in the form of goods and services donated by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this section.

C. All contributions made by a political action committee and the committee’s officer(s) or sponsor(s) shall be treated as having been made by one person.

D. Two or more entities shall be treated as one person when any of the following circumstances apply:
(1) the entities share the majority of members of their governing boards, (2) the entities share two or more officers,
(3) the entities are owned or controlled by the same majority shareholder or shareholders,
(4) the entities are in a parent-subsidiary relationship, or (5) one entity finances, maintains, or controls the other entity’s contributions or expenditures.

E. Contributions made by entities that are majority-owned by any person shall be aggregative with the contributions of the majority owner and all other entities majority-owned by that person, unless those entities act independently in their decision to make contributions.

F. The contributions of any entity whose contributions are directed and controlled by any person shall be aggregated with contributions made by that person and any other entity whose contributions are directed and controlled by that same person.

G. If two or more entities make contributions that are directed and controlled by a majority of the same persons, the contributions of those entities shall be aggregated.

H. Any individual and any general or limited partnership in which the person has a ten percent or more interest, or an individual and any corporation in which the individual owns a fifty percent or more interest, shall each be treated as one person.

I. No committee which supports or opposes a candidate shall have as officers individuals who serve as officers on any other committee which supports or opposes the same candidate. No such committee shall act in concert with, or solicit or make contributions on behalf of, any other committee. This subdivision shall not apply to treasurers of committees if these treasurers do not participate in or control in any way a decision on which a candidate or candidates receive contributions.

Restrictions on Transfers Prevents candidates from getting around contribution limits with multiple campaign committees or by funneling money between candidates
A. No funds may be transferred into any candidate’s campaign committee from any other campaign committee controlled by the candidate.

B. No candidate and no controlled committee of any candidate shall make any contribution to any other candidate or any committee supporting or opposing any other candidate for elective city office, nor to any committee supporting or opposing a recall of an elective city officer. This restriction shall not apply to contributions from the personal funds of a candidate.

C. Should two or more candidates form a slate, each candidate shall pay only his/her proportionate share of the total cost of slate activities that are attributable to each such candidate.

Prohibition on Contributions by City Contractors and Developers Prohibition on contributions by city contractors and developers while a decision is pending and for 12 months after, plus recusal requirements for elected officials who received such contributions (mirrors SB 1439) A. While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency shall not accept, solicit, or direct a contribution from any party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest, as that term is used in California Government Code Article 1 (commencing with Section 87100) of Chapter 7.

This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution on the officer’s own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

B. Prior to rendering any decision in a proceeding involving a license, permit, or other entitlement for use pending before an agency, each officer of the agency who received a contribution within the preceding 12 months from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officer’s official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the agency if the officer has willfully or knowingly received a contribution within the preceding 12 months from a party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in California Government Code Article 1 (commencing with Section 87100) of Chapter 7.

C. (1) If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, the officer shall be permitted to participate in the proceeding.
(2) (i.) If an officer accepts, solicits, or directs a contribution during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (A), the officer may cure the violation by returning the contribution, within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.
(ii.) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.
(iii.) An officer’s controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.

D. (1) A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution made within the preceding 12 months by the party or the party’s agent.
(2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.
(3) When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in this section.

E. This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported.

Money, goods, and services received treated as contributions Goods and services count as contributions
A. Any funds, property, goods or services (other than voluntary, noncompensated personal or professional services) received by a candidate which are used, or intended by the donor or by the recipient to be used, for expenses (including legal expenses) relating to holding or running for public office, shall be considered campaign contributions and shall be subject to the contribution limitations of this chapter.

B. This section shall not apply to government funds received by an elective city officer. This section also shall not apply to reimbursement for reasonable travel expenses related to holding public office.

Prohibition on multiple campaign committees One committee per candidate A. A candidate shall have no more than one campaign committee which shall have only one bank account from which all qualified campaign and office holder expenses related to elective city offices shall be made.

B. This section shall not prevent a candidate from establishing another campaign committee solely for the purpose of running for a state, federal, local or other elective city office. This section also shall not prevent an elective city officer from establishing another campaign committee solely for the purpose of opposing his or her own recall.

Contributions in Excess of the Limit What to do with prohibited contributions A. If a committee treasurer is offered a contribution which would be in excess of the limitations set forth in this section, the treasurer must refuse the contribution.

B. If, however, a contribution which is in violation of this section is deposited into the campaign bank account, the treasurer shall report in writing to the city clerk within five days of the receipt of the contribution the facts surrounding such payment or contribution. Any such payment or contribution so deposited must be returned.

C. If it is not possible to return to the contributor, then it must be paid within 30 calendar days of receipt to the city’s general fund if the amount is less than $100.00 and to the state if the amount is $100.00 or more.

Anonymous Contributions $99 limit on anonymous contributions A. Anonymous Contributions. No candidate or city committee shall accept an anonymous contribution of $100.00 or more. An anonymous contribution of $100.00 or more shall not be kept by the intended recipient, but the entire amount shall be paid within 10 days to the Secretary of State for deposit in the state general fund (Government Code Section 84304).

Fundraising Window Fundraising window of 11 months prior to the relevant election, and a prohibition on contributions after the election that exceed any outstanding debts of the campaign
A. It is unlawful for any candidate or controlled committee seeking elective City office to solicit or accept contributions sooner than eleven (11) months preceding a single election contest.

B. It is unlawful for any candidate or controlled committee seeking elective City Office to solicit or accept, after the date of an election, a contribution that exceeds the net debts outstanding from the election.

C. It is unlawful for any candidate or controlled committee to solicit or accept any post-election contribution after 90 days from the date of the previous election.

D. As used in this subsection, the term “net debts outstanding” has the same meaning as that set forth in title 2, section 18531.61 of the California Code of Regulations.

E. Contributions received after the date of an election shall reduce the total amount of net debts outstanding.

F. The restrictions set forth in this section do not apply to: contributions made by a candidate to their controlled committee; or,
G. The restrictions on accepting contributions imposed by subsection (a) do not apply to contributions for recall elections or special elections.

Notification of Independent Expenditures Any person/entity who makes IEs must notify the city clerk
In addition to the reporting required by the Political Reform Act of 1974, as amended, and its implementing regulations, for independent expenditures, a city committee, entity (corporation, firm, business, or proprietorship), or individual that makes independent expenditures of $1,000 or more in a calendar year to support or oppose a candidate for city elective office or city ballot measure, shall notify the city clerk of such expenditure(s). Notification shall be by either electronic mail, facsimile, telegram, guaranteed overnight mail through the United States Postal Service, private delivery service or personal delivery within one business day.

Duplication of a Candidate’s Campaign Materials Prohibition on duplicating campaign materials to get around contribution limits
A. Any committee that makes a payment for distributing or disseminating an advertisement that duplicates, reproduces, or republishes a candidate’s campaign materials, in whole or in part, has made a contribution to the candidate for purposes of the contribution limits and source prohibitions set forth in this Article.

B. The “making” of a contribution to a candidate under subsection (a) does not mean that the candidate has “accepted” or “received” a contribution for purposes of contribution limits or source prohibitions. Accordingly, nothing in this section imposes any liability on a candidate whose campaign materials were duplicated, reproduced, or republished.

C. This section applies to a committee’s advertisement that uses materials created, prepared, or obtained by the candidate or the candidate’s controlled committee for campaign purposes, including, but not limited to, mailers; flyers; pamphlets; door hangers; walking cards; posters; yard signs; billboards; banners and large signs; business cards; campaign buttons; bumper stickers; newspaper, magazine, television, radio, and Internet advertisements; photographs; audio recordings; and videos, regardless of whether such materials were accessible to members of the public on the Internet or through other means not requiring coordination with the candidate or the candidate’s controlled committee.

D. This section does not apply to:
(1) any written words, phrases, or sentences contained in a candidate’s campaign materials;
(2) any statements made by a candidate while delivering a speech or speaking at a debate, forum, or similar public event and contained in an advertisement that does not use an audio or video recording made by the candidate or the candidate’s controlled committee; (3) the duplication of three or fewer photographs of the candidate; (4) an advertisement that clearly advocates the defeat of the candidate; (5) member communications; or,
(6) instances in which a payment was “made at the behest” of a candidate, as that term is defined in title 2, section 18225.7 of the California Code of Regulations. Such a payment is a contribution regardless of whether any campaign materials were duplicated, reproduced, or republished.

E. Nothing in this section imposes on any candidate or committee any filing obligations in addition to those set forth in California Government Code sections 81000 et seq. and title 2 of the California Code of Regulations.

Campaign Statements Additional pre-election filing requirements A. Each candidate and committee shall file campaign statements when and in the manner specified in the Political Reform Act of 1974, as amended.

B. Additional City Requirements.

1. Pre-Election Filing. Candidates and city committees shall file an additional preelection campaign statement with the city clerk no later than 3:00 p.m. on the Thursday immediately preceding the election. This statement shall have a closing date of the Wednesday preceding the Thursday filing date. a. The statements must be completed on campaign statement forms required to be filed by state law and in addition include:
i. A statement of estimated additional expenditures which the candidate or committee chairperson reasonably expects to expend on or before the election date.

An estimate which is unintentionally at variance with the amounts actually expended shall not constitute a violation of this article. (Ord. 420 § 1, 2010; Ord. 341 §§ 10, 11, 2006; Ord. 61 § 1, 1988; 1987 Code § 2.26.060) Retention of Records Records retention requirement
The candidate, committee, or authorized agent thereof shall retain all campaign records for a period of three years after the election.

2.24.130 Enforcement. Procedures for enforcement
A. Role of city attorney. The city attorney shall not investigate or prosecute any alleged violations of this article, but shall defend the constitutionality and legality of this article in any civil proceedings in which the city or the city council is a party.

B. Role of special counsel. Review of complaints of violation of this article and criminal prosecution thereof shall be commenced only by special counsel who shall be the district attorney, the Attorney General, or such other qualified and independent special counsel or combination of the foregoing as may be appointed by the city attorney. All special counsel shall have authority to prosecute any and all municipal code violations of this article. However, special counsel other than the Attorney General or district attorney shall not have authority to prosecute matters exclusively within the powers of the Attorney General or district attorney as provided under Government Code Section 91001. Special counsel shall also commence and prosecute civil litigation to compel compliance with this article or to enjoin conduct in violation of this article, and shall commence administrative actions pursuant to NUMBER OF MUNICIPAL CODE SECTION.

C. Appointment of special counsel. The appointment of special counsel shall be done in writing, and copies of the written appointment shall be provided to the city manager, city clerk and members of the city council. At least 90 days prior to a city election, a special counsel may be appointed by the city attorney for that election.

Should the appointment of additional special counsel become necessary or appropriate, the city attorney may appoint such additional special counsel as may be required. No enforcement or prosecution or action of special counsel shall be subject to the review or control of the city council or the city manager. The cost of special council may be paid from the city general fund.

D. Initiation of investigations. Any person residing in the city who believes that a violation of this article has occurred may file a written complaint requesting investigation of such violation by the special counsel. If the special counsel determines that there is reason to believe a violation of this article has occurred, it shall conduct an investigation and may commence such administrative, civil or criminal legal action as it deems necessary for the enforcement of this article.

E. Investigative powers of special counsel. The special counsel shall have such investigative powers as are necessary for the performance of duties described in this article and may demand and be furnished records of campaign contributions and expenditures of any person or city committee at any time. In the event that production of such reports is refused, the special counsel may commence civil litigation to compel such production.

F. Immunity of special counsel. The special counsel shall be immune from liability for its enforcement of this article.

2.24.140 Enforcement – Criminal or civil liability.

A. Criminal and civil liability. Any knowing or willful violation of any provision of this article may be prosecuted, either as an infraction or as a misdemeanor, at the discretion of the prosecutor under the provisions of MUNICIPAL CODE SECTION FOR GENERAL VIOLATIONS. In addition to any other penalty provided by law, any willful or knowing failure to report truthfully any contribution or expenditure shall be punishable by a fine of not less than $1,000.00. The treasurer of any city committee shall be both criminally and civilly liable for any violation of this article by the city committee. In addition, the candidate shall be both criminally and civilly liable for any violation by a committee controlled by the candidate.

B. Forfeiture of contributions. In any legal action brought under this article for injunctive relief or civil liability, where it is determined that a city committee has accepted a contribution or contributions in excess of the applicable limit set forth herein, the full amount of said contribution(s) shall be forfeited to the city general fund. If funds are not available in the city committee’s account for this purpose, the candidate or treasurer shall be personally liable to pay said amount to the city general fund.

2.24.145 Enforcement – Administrative.

A. Additional to other remedies. This section provides for administrative remedies for violations of this article, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this article.

B. Notice and order. Whenever the special counsel appointed pursuant to RELEVANT MUNICIPAL CODE SECTION determines that there is probable cause that a violation of one or more provisions of this article has occurred or exists, a written notice and order may be issued to the alleged violator.

C. Contents of notice and order. The notice and order shall refer to the code section violated and describe how the sections are or have been violated, and the dates of all violations. The notice and order shall also set a date, time and place for a hearing, which shall be held no fewer than 10 days following the service of the notice.

D. Service of notice and order. The notice and order shall be served upon the alleged violator by personal service, or certified mail with postage prepaid and return receipt requested.

E. Designation of hearing officer. The city attorney shall designate a hearing officer, who shall not be a city employee. The compensation of the hearing officer, if any, shall be paid by the city. The employment, evaluation, and compensation, if any, of the hearing officer shall not be directly or indirectly conditioned upon the outcome of the hearing.

F. Violation established by preponderance of evidence. At the hearing, the hearing officer shall consider whether a preponderance of evidence demonstrates the existence of the violation. The alleged violator or any other interested persons may present testimony or evidence concerning the existence of the violations, and the alleged violator may cross examine witnesses.

G. Conduct of hearing. Hearings shall be conducted in an expeditious manner to enable all interested parties to present relevant evidence. Formal rules of evidence shall not be required. Time limits for presenting evidence, order of testimony, handling of exhibits, and similar matters shall be at the discretion of the hearing officer. The hearing officer may continue the hearing to obtain additional evidence, or for other good cause.

H. Failure to attend hearing. Failure of the alleged violator to attend the hearing shall constitute an admission of the violation by the alleged violator and a failure to exhaust administrative remedies that may bar judicial review.

I. Decision by hearing officer. After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written order, including findings regarding the existence of each violation, the reasons for the decision, and notice of the right to judicial review. The written decision shall be issued within 30 days of the hearing, and served on the alleged violator within 10 days of its issuance. The order shall be final upon service on the alleged violator, subject only to judicial review as allowed by law.

J. Imposition of penalty. If the hearing officer finds that the alleged violator committed the violation by a preponderance of evidence, the hearing officer shall impose a penalty and a date the penalty and any administrative costs shall be due and payable by the violator.

K. Amount of penalty. An administrative penalty for a violation of this article shall be set at a maximum of $5,000 per violation, and a minimum of $1,00.00 per violation, and the maximum total penalty shall not exceed $50,000. In determining the amount of penalty to be imposed, the hearing officer shall consider the following factors: duration of the violation, frequency of recurrence of the violation, seriousness of the violation, history of violations, good faith effort of the violator to correct the violation, economic impact of the violation on the violator, impact of the violation on the community and the city, and any other relevant factors that justice may require.

L. Failure to pay penalty. Upon the failure of any person to pay the assessed administrative penalty by the date specified in the hearing officer’s decision, the unpaid amount shall constitute a personal obligation of the violator. The city attorney shall collect the obligation by use of all appropriate legal means.

M. Judicial review. Any person subject to a decision of the hearing officer may obtain judicial review of the decision in the superior court pursuant to the provisions of California Government Code Section 53069.4, as amended.

Civil actions by residents.

A. Any resident of the city may bring a civil action regarding the provisions of this chapter, as follows:

1.To enjoin an actual or threatened violation;

2.To compel compliance by a private person;

3.To obtain declaratory relief.

B. Any action brought under this Section shall be commenced within two years of the time the alleged violation occurred.

Time for Commencement of Actions
Any action alleging violation of this article must be commenced within two years of the time the alleged violation occurred.

Use of Funds Deposited With City
Any funds paid to or deposited with the city by operation of, or pursuant to, the provisions of this article shall be placed in the city’s general fund and designated for use in defraying the costs of municipal elections including the administration or enforcement of this article.

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ORDINANCE NO. 1155

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA ADDING CHAPTER 2.05 TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE

STANTON MUNICIPAL CODE RELATING TO LOCAL ELECTION CAMPAIGN

CONTRIBUTION LIMITS AND REGULATIONS
WHEREAS, Assembly Bill No. 571 ("AB 571") imposed a default campaign contribution limit upon cities and counties effective January 1, 2021; and WHEREAS, California Government Code Section 85702.5 permits the City of Stanton to act by either ordinance or resolution to establish its own campaign contribution limits that differ from those described in Government Code Sections 85301 and 83124; and WHEREAS, transparency in local elections regarding financial contributions and influence are important to promoting the election process and to ensure a fair Council election process for all candidates; and
WHEREAS, the City Council finds that it is necessary to enact the campaign finance provisions herein so that they may be effective to govern the next General Municipal Election; and
WHEREAS, in adopting this Ordinance, it is the City Council's intention to promote transparency and ensure a fair election process by setting local campaign contribution limitations and requiring reasonable campaign finance disclosure for City Council elections; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2: CEQA. The City Council finds that the proposed amendments to the Stanton Municipal Code are not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because it does not qualify as a “project” under CEQA for at least two different reasons: First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) The Ordinance enacts campaign finance provisions by setting local campaign contribution limitations and requiring reasonable campaign finance disclosure for elections. Such actions will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Accordingly, the Ordinance is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c)(2).) Second, Section 15378 explicitly excludes from its definition of “project” Attachment: B
Click here to return to the agenda.

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the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) The Ordinance constitutes an organizational or administrative activity that will not result in a physical change in the environment, given that it merely enacts regulations on campaign contributions and election activities, and it therefore is not subject to CEQA. (State CEQA Guidelines, § 15060(c)(3).) SECTION 3: Code Amendment. Chapter 2.05 is hereby added to the Stanton Municipal Code to read in full as follows:

CHAPTER 2.05 – ELECTION CAMPAIGN REGULATIONS.

2.05.010 – Intent and purpose.

2.05.020 – Interpretation of this chapter.

2.05.030 – Severability.

2.05.040 – Definitions.

2.05.050 – Campaign contribution limits.

2.05.060 – Aggregation of contributions.

2.05.070 – Restrictions on transfers.

2.05.080 – Prohibitions on contributions by City contractors and developers.

2.05.090 – Money, goods, and services received treated as contributions.

2.05.100 – Prohibition on multiple campaign committees.

2.05.110 – Contributions in excess of the limit.

2.05.120 – Anonymous contributions.

2.05.130 – Fundraising window.

2.05.140 – Notification of independent expenditures.

2.05.150 – Duplication of a candidate’s campaign materials.

2.05.160 – Campaign statements.

2.05.170 – Retention of records.

2.05.180 – Enforcement – procedures for enforcement.

2.05.190 – Enforcement – civil or criminal liability.

2.05.200 – Enforcement – administrative.

2.05.210 – Civil actions by residents.

2.05.220 – Time for commencement of actions.

2.05.230 – Use of funds deposited with City.

CHAPTER 2.05 – ELECTION CAMPAIGN REGULATIONS.

2.05.010 Intent and purpose.

In enacting this chapter, the City Council finds and declares that moderate monetary contributions to political campaigns are a legitimate form of participation in the American political process. It is the policy of this City to protect the integrity of the electoral process, and to serve the best interests of the citizens of this City by regulating campaign finance.

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1. To place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in City elections.

2. To preserve an orderly political forum in which individuals may express themselves effectively.

3. To prevent the exercise by campaign contributors of potential undue or improper influence over elected officials.

4. To promote participation in government and foster trust that the democratic process is not subverted by affluent special interest groups.

5. To inform the public of the sources and objects of campaign contributions and expenditures.

6. To provide for the full and fair enforcement of the provisions of this chapter.

7. To encourage candidate adherence to election regulations by making them easier to understand.

2.05.020 Interpretation of this chapter.

The requirements of this chapter shall be administered and interpreted consistent with the requirements of the Political Reform Act of 1974, as amended (California Government Code Section 81000 et seq.), and its implementing regulations, except where the provisions of this chapter impose additional requirements on any person subject to this chapter.

2.05.030 Severability.

It is the intent of the city council that this chapter be interpreted in a manner consistent with constitutional requirements. Should any provision hereof be determined to be invalid for any reason, the remainder shall be severed therefrom and shall remain in full force effect.

2.05.040 Definitions.

Unless otherwise defined in this section, the words and phrases used in this chapter shall have the same meanings as defined in the Political Reform Act of 1974, Title 9 of the California Government Code, as the Political Reform Act now exists or may hereafter be amended, including definitions set forth in regulations adopted by the Fair Political Practices Commission.

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1. “Agency” means an agency as defined in Section 82003 of the Government Code except that it does not include the courts or any agency in the judicial branch of government, the Legislature, the Board of Equalization, or constitutional officers.

However, this term applies to any person who is a member of an exempted agency but is acting as a voting member of another agency.

3. “At the behest” means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express prior consent of.

4. “Candidate” applies to persons seeking an elective City office.

5. “City” means City of Stanton.

6. “Contribution” is defined in a manner identical with the definition found in Government Code Section 82015, contained within the Political Reform Act, and any related provisions in the California Code of Regulations.

7. "Controlled committee" means a committee which is controlled directly or indirectly by a candidate or which acts jointly with a candidate or controlled committee in connection with the making of expenditures. A candidate controls a committee if he or she, his or her agent, or any other committee he or she controls, has a significant influence on the actions or decisions of the committee.

8. “Election” means any City general, run-off, special, initiative, referendum or recall election.

9. “Individual” means a sole human being.

10.“License, permit, or other entitlement for use” means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts, and all franchises.

11.“Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency.

12.“Participant” means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7, Title 9 of the Government Code. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency.

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13.“Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.

14.“Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee (including both controlled and independent committees), labor union, and any other organization or group of persons acting in concert.

16.“Political party committee” means the state central committee or county central committee of an organization that meets the requirements for recognition as a political party pursuant to Section 5100 or 5151 of the California Elections Code.

17.“Political Reform Act” means the California Political Reform Act of 1974, as amended, found at Government Code Section 81000, et seq., and includes regulations adopted by the Fair Political Practices Commission.

2.05.050 Campaign contribution limits.

C. The contribution limits set forth in this section shall be adjusted every odd-numbered year, starting in 2027. The City Clerk shall adjust the contribution limits to reflect any changes in the Consumer Price Index for the Orange County area for the two-year period ending on December 31st of the previous year. Adjustments shall be rounded to the nearest $10.00. The City Clerk shall publish a public notice of any adjustments by March 1st of each odd-numbered year, or as soon after as practicable, following the Bureau of Labor Statistics’ release of the applicable Consumer Price Index data.

The adjustments shall go into effect as soon as the public notice is published but shall apply only to elections held in subsequent years. The adjustments shall not be construed to raise the contribution limits applicable to past elections or to special elections held in the same year that the limits are adjusted.

D. No candidate or controlled committee shall solicit or retain a contribution from any person when such contribution shall cause the contributor to be in violation of this article herein.

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E. A contribution shall not be considered to be received if it is not negotiated, deposited, or utilized and, in addition, is returned to the donor within fourteen days of receipt.

2.05.060 Aggregation of contributions.

A. Contributions from different persons, but which are financed, maintained, or controlled by the same person, shall be aggregated for the purposes of the contribution limits of this Chapter. All contributions made by a person whose contribution activity is financed, maintained, or controlled by an individual, shall be deemed to be made by the same person.

C. All contributions made by a political action committee and the committee’s officer(s) or sponsor(s) shall be treated as having been made by one person.

D. Two or more entities shall be treated as one person when any of the following circumstances apply:

1. The entities share the majority of members of their governing boards,

2. The entities share two or more officers,

3. The entities are owned or controlled by the same majority shareholder or shareholders,

4. The entities are in a parent-subsidiary relationship, or

5. One entity finances, maintains, or controls the other entity’s contributions or expenditures.

G. If two or more entities make contributions that are directed and controlled by a majority of the same persons, the contributions of those entities shall be aggregated.

H. Any individual and any general or limited partnership in which the person has a ten percent or more interest, or an individual and any corporation in which the ORDINANCE NO. 1155

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individual owns a fifty percent or more interest, shall each be treated as one person.

I. No committee which supports or opposes a candidate shall have as officers individuals who serve as officers on any other committee which supports or opposes the same candidate. No such committee shall act in concert with, or solicit or make contributions on behalf of, any other committee. This subsection shall not apply to treasurers of committees if these treasurers do not participate in or control in any way a decision on which a candidate or candidates receive contributions.

2.05.070 Restrictions on transfers.

A. No funds may be transferred into any candidate’s campaign committee from any other campaign committee controlled by the candidate.

B. No candidate and no controlled committee of any candidate shall make any contribution to any other candidate or any committee supporting or opposing any other candidate for elective City office, nor to any committee supporting or opposing a recall of an elective city officer. This restriction shall not apply to contributions from the personal funds of a candidate.

C. Should two or more candidates form a slate, each candidate shall pay only his/her proportionate share of the total cost of slate activities that are attributable to each such candidate.

2.05.080 Prohibitions on contributions by City contractors and developers.

A. While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of the City shall not accept, solicit, or direct a contribution from any party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Title 9 of the California Government Code, Article 1 (commencing with Section 87100) of Chapter 7. This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution on the officer’s own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

B. Prior to rendering any decision in a proceeding involving a license, permit, or other entitlement for use pending before the City, each officer of the City who received a contribution within the preceding 12 months from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of the City shall not make, participate in making, or in any way attempt to use the officer’s official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the City if the officer has willfully or knowingly received a contribution within the preceding 12 months from a party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest in the decision, ORDINANCE NO. 1155

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as that term is described with respect to public officials in Title 9 of the California Government Code, Article 1 (commencing with Section 87100) of Chapter 7.

C. If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, the officer shall be permitted to participate in the proceeding.

1. If an officer accepts, solicits, or directs a contribution during the 12 months after the date a final decision is rendered in the proceeding in violation of subsection (A) of this section, the officer may cure the violation by returning the contribution, within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.
a. An officer may cure a violation as specified in subdivision (C)(1) of this section only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.
b. An officer’s controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this subsection.

D. A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution made within the preceding 12 months by the party or the party’s agent.

1. A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.

2. When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in this section.

E. This section shall not be construed to imply that any contribution subject to being reported under Title 9 of the Government Code shall not be so reported.

2.05.090 Money, goods, and services received treated as contributions.

A. Any funds, property, goods or services (other than voluntary, noncompensated personal or professional services) received by a candidate which are used, or intended by the donor or by the recipient to be used, for expenses (including legal expenses) relating to holding or running for public office, shall be considered ORDINANCE NO. 1155

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campaign contributions and shall be subject to the contribution limitations of this chapter.

B. This section shall not apply to government funds received by an elective City officer. This section also shall not apply to reimbursement for reasonable travel expenses related to holding public office.

2.05.100 Prohibition on multiple campaign committees.

A. A candidate shall have no more than one campaign committee which shall have only one bank account from which all qualified campaign and office holder expenses related to elective City offices shall be made.

B. This section shall not prevent a candidate from establishing another campaign committee solely for the purpose of running for a state, federal, local or other elective City office. This section also shall not prevent an elective City officer from establishing another campaign committee solely for the purpose of opposing his or her own recall.

2.05.110 Contributions in excess of the limit.

A. If a committee treasurer is offered a contribution which would be in excess of the limitations set forth in this section, the treasurer must refuse the contribution.

B. If, however, a contribution which is in violation of this section is deposited into the campaign bank account, the treasurer shall report in writing to the City Clerk within five days of the receipt of the contribution the facts surrounding such payment or contribution. Any such payment or contribution so deposited must be returned.

C. If it is not possible to return to the contributor, then it must be paid within 30 calendar days of receipt to the City’s general fund if the amount is less than $100.00 and to the state if the amount is $100.00 or more.

2.05.120 Anonymous contributions.

No candidate or City committee shall accept an anonymous contribution of $100.00 or more. An anonymous contribution of $100.00 or more shall not be kept by the intended recipient, but the entire amount shall be paid within 10 days to the Secretary of State for deposit in the state general fund in accordance with Government Code Section 84304.

2.05.130 Fundraising window.

A. It is unlawful for any candidate or controlled committee seeking elective City office to solicit or accept contributions sooner than eleven (11) months preceding a single election contest.

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C. It is unlawful for any candidate or controlled committee to solicit or accept any postelection contribution after 90 days from the date of the previous election.

D. As used in this section, the term “net debts outstanding” has the same meaning as that set forth in Title 2, section 18531.61 of the California Code of Regulations.

E. Contributions received after the date of an election shall reduce the total amount of net debts outstanding.

F. The restrictions set forth in this section do not apply to: contributions made by a candidate to their controlled committee.

G. The restrictions on accepting contributions imposed by subsection (A) of this section do not apply to contributions for recall elections or special elections.

2.05.140 Notification of independent expenditures.

In addition to the reporting required by the Political Reform Act of 1974, as amended, and its implementing regulations, for independent expenditures, a City committee, entity (corporation, firm, business, or proprietorship), or individual that makes independent expenditures of $1,000 or more in a calendar year to support or oppose a candidate for City elective office or City ballot measure, shall notify the City Clerk of such expenditure(s). Notification shall be by either electronic mail, facsimile, telegram, guaranteed overnight mail through the United States Postal Service, private delivery service or personal delivery within one business day.

2.05.150 Duplication of a candidate’s campaign materials.

A. Any committee that makes a payment for distributing or disseminating an advertisement that duplicates, reproduces, or republishes a candidate’s campaign materials, in whole or in part, has made a contribution to the candidate for purposes of the contribution limits and source prohibitions set forth in this chapter.

B. The “making” of a contribution to a candidate under subsection (A) of this section does not mean that the candidate has “accepted” or “received” a contribution for purposes of contribution limits or source prohibitions. Accordingly, nothing in this section imposes any liability on a candidate whose campaign materials were duplicated, reproduced, or republished.

D. This section does not apply to:

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1. Any written words, phrases, or sentences contained in a candidate’s campaign materials;

2. Any statements made by a candidate while delivering a speech or speaking at a debate, forum, or similar public event and contained in an advertisement that does not use an audio or video recording made by the candidate or the candidate’s controlled committee;

3. The duplication of three or fewer photographs of the candidate;

4. An advertisement that clearly advocates the defeat of the candidate.

5. Member communications; or

6. Instances in which a payment was “made at the behest” of a candidate, as that term is defined in Title 2, section 18225.7 of the California Code of Regulations. Such a payment is a contribution regardless of whether any campaign materials were duplicated, reproduced, or republished.

E. Nothing in this section imposes on any candidate or committee any filing obligations in addition to those set forth in California Government Code sections 81000 et seq. and Title 2 of the California Code of Regulations.

2.05.160 Campaign statements.

A. Each candidate and committee shall file campaign statements when and in the manner specified in the Political Reform Act of 1974, as amended.

B. Additional City Requirements.

1. Pre-Election Filing. Candidates and City committees shall file an additional preelection campaign statement with the City Clerk no later than 3:00 p.m. on the Thursday immediately preceding the election. This statement shall have a closing date of the Wednesday preceding the Thursday filing date. a. The statements must be completed on campaign statement forms required to be filed by state law and in addition include:
i. A statement of estimated additional expenditures which the candidate or committee chairperson reasonably expects to expend on or before the election date. An estimate which is unintentionally at variance with the amounts actually expended shall not constitute a violation of this chapter.

2.05.170 Retention of records.

The candidate, committee, or authorized agent thereof shall retain all campaign records for a period of three years after the election.

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2.05.180 Enforcement – procedures for enforcement.

A. Role of City Attorney. The City Attorney shall not investigate or prosecute any alleged violations of this article, but shall defend the constitutionality and legality of this chapter in any civil proceedings in which the City or the City Council is a party.

B. Role of special counsel. Review of complaints of violation of this chapter and criminal prosecution thereof shall be commenced only by special counsel who shall be the district attorney, the Attorney General, or such other qualified and independent special counsel or combination of the foregoing as may be appointed by the city attorney. All special counsel shall have authority to prosecute any and all municipal code violations of this article. However, special counsel other than the Attorney General or district attorney shall not have authority to prosecute matters exclusively within the powers of the Attorney General or district attorney as provided under Government Code Section 91001. Special counsel shall also commence and prosecute civil litigation to compel compliance with this article or to enjoin conduct in violation of this chapter, and shall commence administrative actions pursuant to Section 2.05.200.

C. Appointment of special counsel. The appointment of special counsel shall be done in writing, and copies of the written appointment shall be provided to the City Manager, City Clerk and members of the City Council. At least 90 days prior to a City election, a special counsel may be appointed by the City Attorney for that election. Should the appointment of additional special counsel become necessary or appropriate, the City Attorney may appoint such additional special counsel as may be required. No enforcement or prosecution or action of special counsel shall be subject to the review or control of the City Council or the City Manager. The cost of special council may be paid from the City general fund.

D. Initiation of investigations. Any person residing in the City who believes that a violation of this chapter has occurred may file a written complaint requesting investigation of such violation by the special counsel. If the special counsel determines that there is reason to believe a violation of this chapter has occurred, it shall conduct an investigation and may commence such administrative, civil or criminal legal action as it deems necessary for the enforcement of this chapter.

E. Investigative powers of special counsel. The special counsel shall have such investigative powers as are necessary for the performance of duties described in this article and may demand and be furnished records of campaign contributions and expenditures of any person or City committee at any time. In the event that production of such reports is refused, the special counsel may commence civil litigation to compel such production.

F. Immunity of special counsel. The special counsel shall be immune from liability for its enforcement of this chapter.

ORDINANCE NO. 1155

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2.05.190 Enforcement – civil or criminal liability.

A. Criminal and civil liability. Any knowing or willful violation of any provision of this chapter may be prosecuted, either as an infraction or as a misdemeanor, at the discretion of the prosecutor under the provisions of Chapter 1.10 of this Code. In addition to any other penalty provided by law, any willful or knowing failure to report truthfully any contribution or expenditure shall be punishable by a fine of not less than $1,000.00. The treasurer of any City committee shall be both criminally and civilly liable for any violation of this chapter by the City committee. In addition, the candidate shall be both criminally and civilly liable for any violation by a committee controlled by the candidate.

B. Forfeiture of contributions. In any legal action brought under this chapter for injunctive relief or civil liability, where it is determined that a City committee has accepted a contribution or contributions in excess of the applicable limit set forth herein, the full amount of said contribution(s) shall be forfeited to the City general fund. If funds are not available in the City committee’s account for this purpose, the candidate or treasurer shall be personally liable to pay said amount to the City general fund.

2.05.200 Enforcement – administrative.

A. Additional to other remedies. This section provides for administrative remedies for violations of this chapter, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this article.

B. Notice and order. Whenever the special counsel appointed pursuant to section

2.05.180 determines that there is probable cause that a violation of one or more provisions of this chapter has occurred or exists, a written notice and order may be issued to the alleged violator.

C. Contents of notice and order. The notice and order shall refer to the section of this chapter violated and describe how the sections are or have been violated, and the dates of all violations. The notice and order shall also set a date, time and place for a hearing, which shall be held no fewer than 10 days following the service of the notice.

D. Service of notice and order. The notice and order shall be served upon the alleged violator by personal service, or certified mail with postage prepaid and return receipt requested.

E. Designation of hearing officer. The City Attorney shall designate a hearing officer, who shall not be a City employee. The compensation of the hearing officer, if any, shall be paid by the City. The employment, evaluation, and compensation, if any, of the hearing officer shall not be directly or indirectly conditioned upon the outcome of the hearing.

ORDINANCE NO. 1155

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K. Amount of penalty. An administrative penalty for a violation of this chapter shall be set at a maximum of $5,000 per violation, and a minimum of $1,000.00 per violation, and the maximum total penalty shall not exceed $50,000. In determining the amount of penalty to be imposed, the hearing officer shall consider the following factors: duration of the violation, frequency of recurrence of the violation, seriousness of the violation, history of violations, good faith effort of the violator to correct the violation, economic impact of the violation on the violator, impact of the violation on the community and the City, and any other relevant factors that justice may require.

L. Failure to pay penalty. Upon the failure of any person to pay the assessed administrative penalty by the date specified in the hearing officer’s decision, the unpaid amount shall constitute a personal obligation of the violator. The City Attorney shall collect the obligation by use of all appropriate legal means.

ORDINANCE NO. 1155

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2.05.210 Civil actions by residents.

A. Any resident of the City may bring a civil action regarding the provisions of this chapter, as follows:

1. To enjoin an actual or threatened violation;

2. To compel compliance by a private person;

3. To obtain declaratory relief.

B. Any action brought under this section shall be commenced within two years of the time the alleged violation occurred.

2.05.220 Time for commencement of actions.

Any action alleging violation of this chapter must be commenced within two years of the time the alleged violation occurred.

2.05.230 Use of funds deposited with City.

Any funds paid to or deposited with the City by operation of, or pursuant to, the provisions of this chapter shall be placed in the City’s general fund and designated for use in defraying the costs of municipal elections including the administration or enforcement of this chapter.

SECTION 4: Severability. If any section, sentence, clause, or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality will not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Stanton declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 5: Effective Date. This Ordinance will become effective 30 days following its adoption.

SECTION 6: Posting or Publication. The City Clerk is directed to certify the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, will be published or posted in the manner required by law.

SECTION 7: Record of Proceedings. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at 7800 Katella Avenue, Stanton, California 90680. The City Clerk is the custodian of the record of proceedings.

ORDINANCE NO. 1155

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PASSED, APPROVED, AND ADOPTED this 10th day of December, 2024.

DAVID J. SHAWVER, MAYOR
ATTEST:

PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY

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 Ordinance No. 1155 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 26th day of November, 2024 and was duly adopted at a regular meeting of the City Council held on the 10th day of December, 2024, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
1 CHAPTER 2.05 – ELECTION CAMPAIGN REGULATIONS.

2.05.010 – Intent and purpose.

2.05.020 – Interpretation of this chapter.

2.05.030 – Severability.

2.05.040 – Definitions.

2.05.050 – Campaign contribution limits.

2.05.060 – Aggregation of contributions.

2.05.070 – Restrictions on transfers.

2.05.080 – Prohibitions on contributions by City contractors and developers.

2.05.090 – Money, goods, and services received treated as contributions.

2.05.100 – Prohibition on multiple campaign committees.

2.05.110 – Contributions in excess of the limit.

2.05.120 – Anonymous contributions.

2.05.130 – Fundraising window.

2.05.140 – Notification of independent expenditures.

2.05.150 – Duplication of a candidate’s campaign materials.

2.05.160 – Campaign statements.

2.05.170 – Retention of records.

2.05.180 – 2.24.130 Enforcement – procedures for enforcement.

2.05.190 – 2.24.140 Enforcement – civil or criminal liability.

2.05.200 – 2.24.145 Enforcement – administrative.

2.05.210 – Civil actions by residents.

2.05.220 – Time for commencement of actions.

2.05.230 – Use of funds deposited with City.

CHAPTER 2.05 – ELECTION CAMPAIGN REGULATIONS.

2.05.010 Intent and purpose.

1. To place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in City elections.

2. To preserve an orderly political forum in which individuals may express themselves effectively.

3. To prevent the exercise by campaign contributors of potential undue or improper influence over elected officials.

Attachment: C
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2 4. To promote participation in government and foster trust that the democratic process is not subverted by affluent special interest groups.

5. To inform the public of the sources and objects of campaign contributions and expenditures.

6. To provide for the full and fair enforcement of the provisions of this chapter.

7. To encourage candidate adherence to election regulations by making them easier to understand.

2.05.020 Interpretation of this chapter.

The requirements of this chapter shall be administered and interpreted consistent with the requirements of the Political Reform Act of 1974, as amended (State California Government Code Section 81000 et seq.), and its implanting implementing regulations, except where the provisions of this article chapter impose additional requirements on any person subject to this articlechapter.

2.05.030 Severability.

It is the intent of the city council that this article chapter be interpreted in a manner consistent with constitutional requirements. Should any provision hereof be determined to be invalid for any reason, the remainder shall be severed therefrom and shall remain in full force effect.

2.05.040 Definitions.

Unless otherwise defined in this section, the words and phrases used in this article chapter shall have the same meanings as defined in the Political Reform Act of 1974, Title 9 of the California Government Code of the state, as the Political Reform Act now exists or may hereafter be amended, including definitions set forth in regulations adopted by the Fair Political Practices Commission.

However, this section term applies to any person who is a member of an exempted agency but is acting as a voting member of another agency.

2. “Agent” means a person who acts on behalf or at the behest of any other person or accepts a contribution on behalf of a candidate. If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are “agents.”
3 3. “At the behest” means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express prior consent of.

4. “Candidate” applies to persons seeking an elective City office.

5. “City” means City of Stanton.

8. “Election” means any City general, run-off, special, initiative, referendum or recall election.

9. “Individual” means a sole human being.

11.“Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency.

13.“Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.

15.“Political action committee” means receives contributions to use for political purposes, such as making contributions or independent expenditures to support or oppose candidates and ballot measures, or making contributions to political parties and other state and local campaign committees.
4 16.“Political party committee” means the state central committee or county central committee of an organization that meets the requirements for recognition as a political party pursuant to Section 5100 or 5151 of the California Elections Code.

2.05.050 Campaign contribution limits.

D. No candidate or controlled committee shall solicit or retain a contribution from any person when such contribution shall cause the contributor to be in violation of this article herein.

E. A contribution shall not be considered to be received if it is not negotiated, deposited, or utilized and, in addition, is returned to the donor within fourteen days of receipt.

2.05.060 Aggregation of contributions.

A. Contributions from different persons, but which are financed, maintained, or controlled by the same person, shall be aggregated for the purposes of the contribution limits of [RELEVANT SUBSECTIONS]this Chapter. All contributions 5 made by a person whose contribution activity is financed, maintained, or controlled by an individual, shall be deemed to be made by the same person.

C. All contributions made by a political action committee and the committee’s officer(s) or sponsor(s) shall be treated as having been made by one person.

D. Two or more entities shall be treated as one person when any of the following circumstances apply:

1. The entities share the majority of members of their governing boards,

2. The entities share two or more officers,

3. The entities are owned or controlled by the same majority shareholder or shareholders,

4. The entities are in a parent-subsidiary relationship, or

5. One entity finances, maintains, or controls the other entity’s contributions or expenditures.

G. If two or more entities make contributions that are directed and controlled by a majority of the same persons, the contributions of those entities shall be aggregated.

I. No committee which supports or opposes a candidate shall have as officers individuals who serve as officers on any other committee which supports or opposes the same candidate. No such committee shall act in concert with, or solicit or make contributions on behalf of, any other committee. This subdivision subsection shall not apply to treasurers of committees if these treasurers do not 6 participate in or control in any way a decision on which a candidate or candidates receive contributions.

2.05.070 Restrictions on transfers.

A. No funds may be transferred into any candidate’s campaign committee from any other campaign committee controlled by the candidate.

B. No candidate and no controlled committee of any candidate shall make any contribution to any other candidate or any committee supporting or opposing any other candidate for elective City office, nor to any committee supporting or opposing a recall of an elective city officer. This restriction shall not apply to contributions from the personal funds of a candidate.

C. Should two or more candidates form a slate, each candidate shall pay only his/her proportionate share of the total cost of slate activities that are attributable to each such candidate.

2.05.080 Prohibitions on contributions by City contractors and developers.

A. While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agencythe City shall not accept, solicit, or direct a contribution from any party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Title 9 of the California Government Code, Article 1 (commencing with Section 87100) of Chapter 7. This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution on the officer’s own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

B. Prior to rendering any decision in a proceeding involving a license, permit, or other entitlement for use pending before an agencythe City, each officer of the agency City who received a contribution within the preceding 12 months from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agencythe City shall not make, participate in making, or in any way attempt to use the officer’s official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the agency City if the officer has willfully or knowingly received a contribution within the preceding 12 months from a party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in Title 9 of the California Government Code, Article 1 (commencing with Section 87100) of Chapter 7.

1. (i.) If an officer accepts, solicits, or directs a contribution during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision subsection (A) of this section, the officer may cure the violation by returning the contribution, within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.
a. An officer may cure a violation as specified in subdivisionparagraph (CA)(1) of this section only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution. a.b. An officer’s controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraphsubsection.

1. (2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.

1.2. (3) When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in this section.

E. This section shall not be construed to imply that any contribution subject to being reported under this title Title 9 of the Government Code shall not be so reported.

2.05.090 Money, goods, and services received treated as contributions.

2.05.100 Prohibition on multiple campaign committees.
8 A. A candidate shall have no more than one campaign committee which shall have only one bank account from which all qualified campaign and office holder expenses related to elective City offices shall be made.

2.05.110 Contributions in excess of the limit.

A. If a committee treasurer is offered a contribution which would be in excess of the limitations set forth in this section, the treasurer must refuse the contribution.

2.05.120 Anonymous contributions.

A. No candidate or City committee shall accept an anonymous contribution of $100.00 or more. An anonymous contribution of $100.00 or more shall not be kept by the intended recipient, but the entire amount shall be paid within 10 days to the Secretary of State for deposit in the state general fund in accordance with (Government Code Section 84304).

2.05.130 Fundraising window.

A. It is unlawful for any candidate or controlled committee seeking elective City office to solicit or accept contributions sooner than eleven (11) months preceding a single election contest.

C. It is unlawful for any candidate or controlled committee to solicit or accept any postelection contribution after 90 days from the date of the previous election.

D. As used in this subsection, the term “net debts outstanding” has the same meaning as that set forth in Title 2, section 18531.61 of the California Code of Regulations. 9 E. Contributions received after the date of an election shall reduce the total amount of net debts outstanding.

F. The restrictions set forth in this section do not apply to: contributions made by a candidate to their controlled committee.; or
G. The restrictions on accepting contributions imposed by subsection (Aa) of this section do not apply to contributions for recall elections or special elections.

2.05.140 Notification of independent expenditures.

2.05.150 Duplication of a candidate’s campaign materials.

B. The “making” of a contribution to a candidate under subsection (Aa) of this section does not mean that the candidate has “accepted” or “received” a contribution for purposes of contribution limits or source prohibitions. Accordingly, nothing in this section imposes any liability on a candidate whose campaign materials were duplicated, reproduced, or republished.

D. This section does not apply to:

1. Any written words, phrases, or sentences contained in a candidate’s campaign materials;
10 2. Any statements made by a candidate while delivering a speech or speaking at a debate, forum, or similar public event and contained in an advertisement that does not use an audio or video recording made by the candidate or the candidate’s controlled committee;

3. The duplication of three or fewer photographs of the candidate;

4. An advertisement that clearly advocates the defeat of the candidate.

5. Member communications; or

2.05.160 Campaign statements.

A. Each candidate and committee shall file campaign statements when and in the manner specified in the Political Reform Act of 1974, as amended.

B. Additional City Requirements.

2.05.170 Retention of records.

The candidate, committee, or authorized agent thereof shall retain all campaign records for a period of three years after the election.

2.05.180 – 2.24.130 Enforcement – procedures for enforcement. 11 A. Role of City Attorney. The City Attorney shall not investigate or prosecute any alleged violations of this article, but shall defend the constitutionality and legality of this article chapter in any civil proceedings in which the City or the City Council is a party.

B. Role of special counsel. Review of complaints of violation of this article chapter and criminal prosecution thereof shall be commenced only by special counsel who shall be the district attorney, the Attorney General, or such other qualified and independent special counsel or combination of the foregoing as may be appointed by the city attorney. All special counsel shall have authority to prosecute any and all municipal code violations of this article. However, special counsel other than the Attorney General or district attorney shall not have authority to prosecute matters exclusively within the powers of the Attorney General or district attorney as provided under Government Code Section 91001. Special counsel shall also commence and prosecute civil litigation to compel compliance with this article or to enjoin conduct in violation of this articlechapter, and shall commence administrative actions pursuant to Section 2.05.200 NUMBER OF MUNICIPAL CODE SECTION.

D. Initiation of investigations. Any person residing in the City who believes that a violation of this article chapter has occurred may file a written complaint requesting investigation of such violation by the special counsel. If the special counsel determines that there is reason to believe a violation of this chapterarticle has occurred, it shall conduct an investigation and may commence such administrative, civil or criminal legal action as it deems necessary for the enforcement of this articlechapter.

E. Investigative powers of special counsel. The special counsel shall have such investigative powers as are necessary for the performance of duties described in this article and may demand and be furnished records of campaign contributions and expenditures of any person or City committee at any time. In the event that production of such reports is refused, the special counsel may commence civil litigation to compel such production.

F. Immunity of special counsel. The special counsel shall be immune from liability for its enforcement of this articlechapter.

2.05.190 – 2.24.140 Enforcement – civil or criminal liability. 12 A. Criminal and civil liability. Any knowing or willful violation of any provision of this article chapter may be prosecuted, either as an infraction or as a misdemeanor, at the discretion of the prosecutor under the provisions of Chapter 1.10 of this CodeMUNICIPAL CODE SECTION FOR GENERAL VIOLATIONS. In addition to any other penalty provided by law, any willful or knowing failure to report truthfully any contribution or expenditure shall be punishable by a fine of not less than $1,000.00. The treasurer of any City committee shall be both criminally and civilly liable for any violation of this article chapter by the City committee. In addition, the candidate shall be both criminally and civilly liable for any violation by a committee controlled by the candidate.

B. Forfeiture of contributions. In any legal action brought under this article chapter for injunctive relief or civil liability, where it is determined that a City committee has accepted a contribution or contributions in excess of the applicable limit set forth herein, the full amount of said contribution(s) shall be forfeited to the City general fund. If funds are not available in the City committee’s account for this purpose, the candidate or treasurer shall be personally liable to pay said amount to the City general fund.

2.05.200 – 2.24.145 Enforcement – administrative.

A. Additional to other remedies. This section provides for administrative remedies for violations of this articlechapter, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this article.

B. Notice and order. Whenever the special counsel appointed pursuant to section

2.05.180 RELEVANT MUNICIPAL CODE SECTION determines that there is probable cause that a violation of one or more provisions of this article chapter has occurred or exists, a written notice and order may be issued to the alleged violator.

C. Contents of notice and order. The notice and order shall refer to the code section of this chapter violated and describe how the sections are or have been violated, and the dates of all violations. The notice and order shall also set a date, time and place for a hearing, which shall be held no fewer than 10 days following the service of the notice.

D. Service of notice and order. The notice and order shall be served upon the alleged violator by personal service, or certified mail with postage prepaid and return receipt requested.

F. Violation established by preponderance of evidence. At the hearing, the hearing officer shall consider whether a preponderance of evidence demonstrates the 13 existence of the violation. The alleged violator or any other interested persons may present testimony or evidence concerning the existence of the violations, and the alleged violator may cross examine witnesses.

K. Amount of penalty. An administrative penalty for a violation of this article chapter shall be set at a maximum of $5,000 per violation, and a minimum of $1,000.00 per violation, and the maximum total penalty shall not exceed $50,000. In determining the amount of penalty to be imposed, the hearing officer shall consider the following factors: duration of the violation, frequency of recurrence of the violation, seriousness of the violation, history of violations, good faith effort of the violator to correct the violation, economic impact of the violation on the violator, impact of the violation on the community and the City, and any other relevant factors that justice may require.

L. Failure to pay penalty. Upon the failure of any person to pay the assessed administrative penalty by the date specified in the hearing officer’s decision, the unpaid amount shall constitute a personal obligation of the violator. The City Attorney shall collect the obligation by use of all appropriate legal means.

2.05.210 Civil actions by residents.
14 A. Any resident of the City may bring a civil action regarding the provisions of this chapter, as follows:

1. To enjoin an actual or threatened violation;

2. To compel compliance by a private person;

3. To obtain declaratory relief.

B. Any action brought under this section shall be commenced within two years of the time the alleged violation occurred.

2.05.220 Time for commencement of actions.

Any action alleging violation of this article chapter must be commenced within two years of the time the alleged violation occurred.

2.05.230 Use of funds deposited with City.

Any funds paid to or deposited with the City by operation of, or pursuant to, the provisions of this article chapter shall be placed in the City’s general fund and designated for use in defraying the costs of municipal elections including the administration or enforcement of this articlechapter.

ORDINANCE NO. 1152
PAGE 1 OF 3
ORDINANCE NO. 1152

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING SECTION 2.56.075 OF THE MUNICIPAL CODE

PERTAINING TO LOCAL VENDOR PREFERENCES
WHEREAS, the City’s existing municipal code includes a local vendor preference granting “a two percent differential in lieu of sales tax loss for the purchase of materials, supplies, equipment, personal property and services”; and WHEREAS, on February 27, 2018, the City Council adopted Ordinance No.1076 amending Section 2.56.075 of Title 2 of the Stanton Municipal Code regarding Local Vendor Preference to enact a two percent (2%) local preference; and WHEREAS, the City desires to benefit local businesses in an effort to promote the economic health of the City by keeping dollars, jobs, and sales and transactions and use taxes within the City; and
WHEREAS, Public Contract Code § 22030 et seq., preempts local preference in regard to the procurement of goods and services for public works projects which requires the City to award to the lowest responsible bidder; and WHEREAS, the City Council desires to increase its local preference from two percent (2%) to three percent (3%) which will encourage businesses to locate to and remain in Stanton.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES ORDAIN AS FOLLOWS:

SECTION 1: CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 2: Amending Section 2.56.075 Local Vendor Preference. Section

2.56.075 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety to read as follows:
“2.56.075 Local Vendor Preference
Local vendors are granted a three percent (3%) differential in lieu of sales and transactions tax loss for the purchase of materials, supplies, equipment and personal property. Prices, fitness, quality, delivery and service being equal, preference will be given to the local vendor, in the purchase of supplies and equipment, as provided for Item: 11A
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ORDINANCE NO. 1152
PAGE 2 OF 3
in a purchasing policy adopted by the city council by resolution. Local vendor preference shall not be granted for contracts involving public works, personal, professional, and consultant services, or as otherwise prohibited by law. For the purposes of this section, “local vendor” means a business having its principal place of operation within the jurisdictional boundaries of the city and a valid business license. For purposes of this chapter, when the city considers a local vendor’s bid in connection with the purchase of supplies and equipment, the local vendor’s bid shall be the bid amount after the applicable percent differential is applied.”
SECTION 3: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Stanton hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases may be declared invalid or unconstitutional.

SECTION 4: Effective Date. This Ordinance No. 1152 shall be effective 30 days after its adoption.

SECTION 5: Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 26th day of November, 2024.

DAVID J. SHAWVER, MAYOR
ATTEST:

PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE NO. 1152
PAGE 3 OF 3
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY

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 Ordinance No. 1152 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 12th day of November, 2024 and was duly adopted at a regular meeting of the City Council held on the 26th day of November, 2024, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE NO. 1153

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ORDINANCE NO. 1153

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING CHAPTER 5.67 OF THE STANTON MUNICIPAL CODE PERTAINING TO

TOBACCO RETAILER REGISTRATION
WHEREAS, pursuant to the police powers delegated to it by the California constitution, the City of Stanton (“City”) has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the City Council desires to clarify and refine portions of the Stanton Municipal Code pertaining to tobacco retailer registration; and WHEREAS, the City has an interest in protecting the public health, safety, and general welfare of its residents and desires to encourage responsible tobacco retailing by ensuring that tobacco/smoke shops operate lawfully within the City; and WHEREAS, the City Council finds and determines that the recent increase in use of ecigarettes by youth is a grave public health concern; and WHEREAS, according to the American Lung Association, smoking is the number one preventable cause of death in the United States killing over 480,000 people per year1; and WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed venues in the United States contain nicotine; and
WHEREAS, use of nicotine can harm the developing brain and the brain continues developing until age 25; and
WHEREAS, there is evidence that youth may be sensitive to nicotine and that teens can feel dependent on nicotine sooner than adults; and
WHEREAS, according to the 2020 National Youth Tobacco Survey, more than 23.6% of high school students in the United States use at least one tobacco product, including ecigarettes, as well as 6.7% of middle school students; and WHEREAS, flavorings in tobacco products can make the products more appealing to youth2; and
WHEREAS, on November 8, 2022, California voters upheld state law prohibiting tobacco retailers from selling most flavored tobacco products, including flavored ecigarettes, menthol cigarettes and tobacco product flavor enhancers; and 1 https://www.lung.org/research/sotc/facts 2 Centers for Disease Control and Prevention. Flavored Tobacco Product Use Among Middle and High School Students – United States, 2014. Morbidity and Mortality Weekly Report, 2015; 64(38):1066-70.

Item: 11B
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ORDINANCE NO. 1153

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WHEREAS, on September 28, 2024, Governor Newsom signed Assembly Bill 3218 improving implementation of current law that bans flavored tobacco products in California; and
WHEREAS, the requirements proposed herein are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws; and
WHEREAS, all legal prerequisites have occurred prior to the adoption of this Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: The City Council finds that all the facts, findings and conclusions set forth above in this Ordinance are true and correct.

SECTION 2: This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15061(b)(3) (common sense exemption) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 3: Section 5.67.020 entitled “Definitions” of Chapter 5.67 entitled “Tobacco Retailer Registration” of Title 5 entitled “Business Licenses and Regulations” of the Stanton Municipal Code is hereby amended to read as follows (new language is underlined and deleted language is stricken):
§ 5.67.020 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
"Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm's length transaction. "Department" means the public safety services department, and any other agency or person tasked by the city manager with administration and enforcement of this chapter.

ORDINANCE NO. 1153

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"Director" and "public safety director" mean the public safety director of the city and any other person tasked by the city manager with enforcement of this chapter.
"Electronic cigarette paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic cigarette batteries, electronic cigarette chargers, and any other item designed for the preparation, storing, charging, or use of electronic cigarettes.
"Electronic smoking device" means an electronic and/or battery-operated device that can be used to deliver an inhaled dose of nicotine, or any other substance, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
"Pharmacy" has the same meaning as Business and Professions Code Section 4037 and is any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the state of California in accordance with the Business and Professions Code Sections 4036,and is where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or shares ultimate control over the dayto-day operations of a business. "School" means any public, private, or charter school providing instruction in preschool, transitional kindergarten, kindergarten, or grades one through twelve, inclusive, but does not include any private school in which education is primarily conducted in private homes.
"Self-service display" means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.

ORDINANCE NO. 1153

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"Smoking" means the release of gases, particles, or vapors into the air as the result of combustion electrical ignition, or vaporization and/or inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product, including, but not limited to, tobacco and marijuana, intended for human inhalation. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.
"Tobacco product" means any product or substance containing, made of, or derived from tobacco or nicotine that is intended for human consumptionleaf, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine or a synthetic nicotine product that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. Tobacco product includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco product, whether or not sold separately.
"Tobacco retailer" means any person who 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. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia actually sold or exchanged.
“Characterizing flavor” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during consumption of, a tobacco product, including but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes characterizing flavor.

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“Flavored tobacco product” means any tobacco product that imparts a characterizing flavor. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on the tobacco product’s labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

SECTION 4: Section 5.67.110.B entitled “Compliance Monitoring” of Chapter 5.67 entitled “Tobacco Retailer Registration” of Title 5 entitled “Business Licenses and Regulations” of the Stanton Municipal Code is hereby amended to read as follows (new language is underlined and deleted language is stricken):
§ 5.67.110.B Compliance Monitoring.

Compliance checks shall be conducted at a minimum of two times within every calendar year so as to allow the department to determine, at a minimum, if a tobacco retailer is complying with laws regulating youth access to tobacco, gambling, and cannabis sales or transactions. When the department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.

SECTION 5: Section 5.67.050.F entitled “Application Procedure” of Chapter 5.67 entitled “Tobacco Retailer Registration” of Title 5 entitled “Business Licenses and Regulations” of the Stanton Municipal Code is hereby amended to read as follows (new language is underlined and deleted language is stricken):
§ 5.67.050.F Application Procedure.

The city council may shall establish by resolution the amount of an application fee for the tobacco retailer's registration in an amount not to exceed the city's reasonable cost of providing the services required by this chapter, in which case no application shall be accepted by the city unless accompanied by payment of such fee.

SECTION 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Stanton hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

ORDINANCE NO. 1153

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SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the three (3) designated posting places within the City of Stanton within fifteen (15) days after its passage.

PASSED, APPROVED, AND ADOPTED this 26th day of November, 2024.

DAVID J. SHAWVER, MAYOR
ATTEST:

PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY

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 Ordinance No. 1153 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 12th day of November, 2024 and was duly adopted at a regular meeting of the City Council held on the 26th day of November, 2024, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: RESOLUTION FINDING AND DECLARING A LOCAL EMERGENCY

CAUSED BY HOMELESSNESS CRISIS
REPORT IN BRIEF:

The City has seen an increase in its homeless population since 2019, despite significant allocation of resources and funds to combat homelessness in the City. This increase has been coupled with an increase in health and safety concerns, such as an increase in criminal activity, open-air drug use (fentanyl in particular), open fires, obscene/lewd acts in public, increase in vectors, and public defecation; individuals sleeping, camping, and storing personal property in a manner that obstructs access to the public right-of-way; interruption in the enjoyment and access to public facilities equally by all residents; and death, illness, injury and poor living conditions for those unable to find housing.

RECOMMENDED ACTIONS:

1. City Council declare the action to not be subject to CEQA pursuant to State CEQA Guidelines, section 15378(b)(5).); and

2. Adopt proposed Resolution No. 2024-40, entitled:
“RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, PROCLAIMING THE EXISTENCE OF A LOCAL

EMERGENCY CAUSED BY CONDITIONS AND THREATENED

CONDITIONS OF HOMELESSNESS WITHIN THE CITY OF STANTON,

WHICH IF NOT CORRECTED, CONSTITUTES AN IMMINENT AND

PROXIMATE THREAT TO THE SAFETY OF PERSONS AND PROPERTY
IN THE CITY”.

Item: 12A
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BACKGROUND:

Like many other regions in California, the City of Stanton (“City”) has seen a rapid and troubling growth in homelessness in the City. The COVID-19 pandemic exacerbated this circumstance, which has been difficult to address given the high cost of housing and shortage of emergency, transitional, and affordable housing across the State.

The City’s Investments in Combating the Homelessness Crisis:

Independently, and in conjunction with the State’s directives to combat homelessness and address the housing crisis, the City has made significant investments in assisting its unhoused community. Additionally, the City is a member of the North Service Planning Area (“North SPA”), an organization of 14 cities in Orange County established in 2019 to combat homelessness in the region. The City’s investments include, but are not limited to the following activities, representing funding of over $15 million since 2017:
• Funding two full-time and one part-time Homeless Outreach Coordinator positions at the City, for a total cost since 2017 of just over $2 million; • Funding and welcoming three Project Homekey permanent supportive housing projects to the City, totaling 153 units, and connecting unhoused residents throughout the region to those units. The City’s contribution across the Project Homekey sites was $6 million, and was the first city in the State to open three sites in their jurisdiction;
• Funding two navigation centers in Buena Park and Placentia to provide safe and secure shelter housing as well as providing comprehensive programs and services. The City’s contribution to the centers during the first five years of operation has been approximately $660,000, and the City’s financial commitment in the next five years is estimated to be $2.5 million based on increased maintenance and operational costs;
• Funding the regional Homeless Outreach and Proactive Engagement (“HOPE”) Center of Orange County in the amount of $5 million and serving as their fiscal agent;
• Having the City Manager serve on the Board of the North SPA Collaborative; • Partnering with Illumination Foundation to expand shelter access in the region. The Illumination Foundation is an Orange County-based 501(c)(3) nonprofit dedicated to providing comprehensive services for the most vulnerable homeless population; • Providing bridge housing opportunities since 2020 at just over $150,000; • Providing transportation services; and
• Providing document retrieval assistance and funding to recover important documents, to connect homeless people with resources and employment.

Additionally, the City’s law enforcement and Public Safety staff spend a disproportionate amount of time and resources addressing the City’s homelessness crisis. This causes the City’s Public Safety staff to work overtime, increasing personnel costs to the City, and exacerbating delays in addressing other public safety matters. The City’s Public Safety Department collectively devotes one-third of their time on issues related to homelessness.

The City’s Homeless Population Increase Over Time, Despite Significant Investments Despite these significant efforts, the City’s homeless population has exponentially increased since 2019. According to the County’s 2024 Point in Time Count, the City has experienced a 138 percent increase in its unsheltered population from 2019 to 2024, and a 78 percent total increase in its homeless population (including both sheltered and unsheltered individuals). (See https://ceo.ocgov.com/sites/ceo/files/2024- 05/2024%20PIT%20Summary%20-%20FINAL%205.16.24.pdf.)
Table 1. City of Stanton Point in Time Homeless Count
2019 to 2024
In contrast, the County of Orange has experienced a much smaller 7 percent increase in its homeless population since 2019, and the North SPA has experienced a 17 percent increase in its homeless population since 2019.

Table 2. % Increase in Total Homelessness
2019 to 2024
The City’s homeless population ranks as the fifth largest homeless population within the North SPA even though, geographically, it is one of smallest cities within the area at only

3.1 square miles. Only significantly larger North SPA cities (Anaheim, Fullerton, Buena Park, and Orange) have a higher homeless count. Among all 34 Orange County cities, the City’s homeless population ranks as the 11th largest.

While the City has been able to successfully refer a small number of homeless individuals to the North SPA navigation centers in the Cities of Buena Park and Placentia, those centers are now at capacity. In 2024, the City has only been able to successfully refer 18 people to the two navigation centers for assistance. County-wide, only 1 out of every 12 homeless individuals are successfully connected to housing.

Additionally, many homeless individuals also struggle with substance use disorder and serious mental illness. These are in addition to other challenges that the City is not equipped to support without the combined forces of other political subdivisions to combat, such as Orange County Behavioral Health Services, and state and federal agencies.1 The graphic, below, gives a snapshot of just some the challenges that homeless adults in Orange County face.
1 2024 Point In Time Summary, County of Orange.

Table 3. Disabling Conditions Impacting Homeless Individuals These difficulties are exacerbated by the nationwide fentanyl crisis. According to a 2024 Orange County Sheriff’s Department report2, the leading cause of death among people experiencing homelessness is accidental, with the vast majority of accidental deaths caused by drug use with fentanyl. These numbers have increased steadily since 2018. In 2021, 7 out of 8 deaths among people experiencing homelessness in Stanton were accidental.3 From 2021 to 2022, the number of deaths among people experiencing homelessness in Stanton rose by 150 percent, from 8 reported deaths to 12.4 2 Report on 2022 Orange County Homeless Deaths, Sheriff-Coroner Homeless Death Review Committee. Orange County Sheriff’s Department. The report may be found at: https://www.ocsheriff.gov/sites/ocsd/files/2024- 04/2022%20Homeless%20Death%20Review%20Committee%20Report.pdf 3 Report on 2021 Orange County Homeless Deaths, Sheriff-Coroner Homeless Death Review Committee. Orange County Sheriff’s Department. The report may be found at: https://www.ocsheriff.gov/sites/ocsd/files/2023- 02/Homeless%20Death%20Review%20paper_FINAL.pdf
4 Report on 2022 Orange County Homeless Deaths, Sheriff-Coroner Homeless Death Review Committee. Orange County Sheriff’s Department.

The City must create multiple paths to address a complex and growing homelessness crisis. Like many California cities, Stanton has a continuing need for affordable, permanent housing, along with shelters and interim housing to be developed quickly to better transition people off the streets. The City also needs additional assistance from County, State, and federal agencies to address complex health and safety issues beyond the scope of its current staff and resources. Moreover, the City needs increased ability and resources to hire or contract critical roles, including candidates with specific expertise necessary to provide a critical response to the City’s homelessness crisis.

Declaring a local emergency would provide the City with greater flexibility, increased ability, and streamlined systems to address the City’s homelessness crisis with necessary urgency.

ANALYSIS/JUSTIFICATION:

Chapter 2.64 of the Stanton Municipal Code, “Emergency Organization and Functions,” allows the City Council to declare a local emergency on its own accord or at the request of the City Manager to provide for (1) the preparation and carrying out of plans for the protection of persons and property within the city in the event of an emergency; (2) the direction of the emergency organization; and (3) the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons.

A “local emergency,” as defined under Section 2.64.020, means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat.

When a “local emergency” is declared by the City Council, the City Manager, as Director of Emergency Services or the City, is granted additional power and authority related to the City’s response to the local emergency. The City Manager is empowered to:
• Control and direct the effort of the emergency organization of the City for the accomplishment of addressing the local emergency;
• Direct cooperation between and coordination of services and staff of the emergency organization of the City;
• Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;
• Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practical time by the City Council;
• Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property on behalf of the City, and, if required immediately, to commandeer the same for public use;
• Require emergency services of any city officer or employee and to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;
• Requisition necessary personnel or material of any city department or agency; • Execute all existing authority as City Manager and all special power conferred upon him/her by the City Council, by resolution, ordinance, or emergency plan; • Appoint an Assistant Director of Emergency Services, who shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the City; and shall have such other powers and duties as may be assigned by the Director.

Additionally, the City Disaster Council is empowered to develop and recommend for approval to the City Council emergency and mutual aid plans and agreements, and any ordinances, resolutions, rules, and regulations necessary to implement such plans and agreements. The Disaster Council is comprised of the Mayor, City Manager, Assistant Director of Emergency Services, Chiefs of Emergency Services, and others appointed by the Director with the advice and consent of the City Council.

By declaring a local emergency, the City Manager, Disaster Council, and City Council will be able to provide an immediate, necessary response to the City’s homelessness crisis to protect all City residents. The City’s normal hiring and contracting processes may be expedited, and the City will be able to immediately allocate necessary resources and personnel to take emergency action.

In accordance with California Government Code, Section 8630(c), the emergency declaration requires the City Council to review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency.

FISCAL IMPACT:

The report details over $15 million in funding that has been allocated to address issues related to homelessness, including outreach services, since 2017. This fiscal impact reflects those categories of expenditures that are easily tracked and coded to homelessness efforts and initiatives. The true amount the City has expended over the years to address issues related to homelessness would be significantly larger if all personnel activities and efforts were meticulously allocated.

The fiscal impact of declaring a local emergency is unknown at this time but it confers the powers required to provide an immediate, necessary response to the City’s homelessness crisis to protect all City residents and businesses.

ENVIRONMENTAL IMPACT:

The proposed actions are not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because they do not qualify as a “project” under CEQA. Section 15378 explicitly excludes from its definition of “project” the “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) This action would declare a local emergency under the Stanton Municipal Code and empower the director and assistant director of emergency services to direct the emergency organization of the City in response to the homeless crisis. This action is considered administrative because it will not result in a physical change in the environment, and therefore is not subject to CEQA.

Moreover, the action will not result in a direct or reasonably foreseeable physical change in the environment, and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Any permit that may be issued will be subject to its own CEQA analysis.

PUBLIC NOTIFICATION:

Notification and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVES ADDRESSED:

Obj. No. 1: Provie a safe community.

Obj. No. 2: Promote a strong local economy.

Obj. No. 5: Provide a high quality of life.

Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.

Prepared by: Hannah Shin-Heydorn, City Manager
Reviewed by: James Wren, Director of Public Safety Services Reviewed by: HongDao Nguyen, City Attorney
Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Proposed Resolution No. 2024-40
RESOLUTION NO. 2024-40

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Stanton City CouncilNovember 26, 2024

Stanton City Council
November 26, 2024