Stanton — 2023-09-12

10A. CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTION OF RESOLUTION\nNO. 2023-25, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nSTANTON, CALIFORNIA, APPROVING AN AMENDED AND RESTATED\nFRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION SERVICES WITH\nCR&R INCORPORATED AND ADOPTING MAXIMUM PERMITTED SERVICE\nCHARGES”\nThe City of Stanton has an exclusive franchise with CR&R, Inc. (“CR&R”) for the\ncollection, disposal, recycling, and processing of solid waste within the City. CR&R is\nproposing to increase the rates it charges for the collection and handling of solid waste\nwithin the City in order to account for the increased cost of complying with certain new\norganic waste mandates. The attached Resolution would, if approved and adopted by\nthe City Council, implement these rate increases (proposed as 3.5% for single family\nresidential customers and 8.3% for commercial customers). Out of an abundance of\ncaution, and without conceding the applicability of Proposition 218 (Prop. 218) to solid\nwaste rate changes, a notice was mailed for a public hearing set for this evening’s\nregular meeting of the City Council to discuss the proposed solid waste rate increases\ncalled for by the first amendment to the CR&R franchise agreement.\nSeptember 12, 2023\nRECOMMENDED ACTION:\n1. City Council conduct a public hearing to accept written protests and verbal\ncomments against the increased solid waste fees, track the number of valid written\nprotests and, if the number of written protests received by the close of the public\ncomment portion of the hearing is not sufficient to constitute a majority, make a\nfinding that there is not a majority protest by property owners and/or tenants; and\n2. Approve Resolution No. 2023-25, entitled:\n“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,\nCALIFORNIA, APPROVING AN AMENDED AND RESTATED\nFRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION\nSERVICES WITH CR&R INCORPORATED AND ADOPTING MAXIMUM\nPERMITTED SERVICE CHARGES”; and\n3. Authorize the City Manager to execute the Amended and Restated Franchise\nAgreement with CR&R Incorporated.

12A. RATIFICATION OF OPERATING MEMORANDUM RELATING TO A DEVELOPMENT\nAGREEMENT BETWEEN THE CITY OF STANTON AND LIFE ILLUMINATED, LLC\nFOR THE “VRV” PROJECT, LOCATED AT 12736 BEACH BOULEVARD, AND\nINITIATION OF A DEVELOPMENT AGREEMENT AMENDMENT BETWEEN THE\nCITY OF STANTON AND BONANNI DEVELOPMENT COMPANY III, LLC RELATING\nTO THE PAYMENT OF PUBLIC BENEFIT FEES FOR THE VRV PROJECT\nIn June 2020, the City and Life Illuminated, LLC, the developer of the VRV mixed-use\nproject at 12736 Beach Boulevard, entered into a Development Agreement (“VRV\nAgreement”). Among other things, the Agreement provided the developer a vested right\nto construct the project in exchange for the payment of certain development impact and\npublic benefit fees. Recently, the developer reached out to the City regarding its\nfinancial hardship and requested an alternative schedule to pay for a portion of the fees.\nThe VRV Agreement allows the parties to agree to a different payment schedule for\npublic benefit fees. Tonight, the Council will: (1) consider ratifying an Operating\nMemorandum between the City and developer that would memorialize an alternative\npayment schedule for a portion of the public benefit fees, and (2) consider directing staff\nto initiate an amendment to the Development Agreement between the City and Bonanni\nDevelopment Company III, LLC, whose “Bigsby” project at 12200 Beach Boulevard\nwould be used as collateral for the VRV fees.\nSeptember 12, 2023\nRECOMMENDED ACTION:\n1. City Council declare this project to be categorically exempt under the California\nEnvironmental Quality Act, Section 15378(b)(5) – Organizational or administrative\nactivities of governments that will not result in direct or indirect physical change in\nthe environment; and\n2. Staff recommends that the City Council consider and ratify an Operating\nMemorandum relating to the VRV Agreement, and direct Staff to begin processing\nan amendment to the Development Agreement between the City of Stanton and\nBonanni Development Company III, LLC.

15A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS\nAt this time Council/Agency/Authority Members may report on items not specifically\ndescribed on the agenda which are of interest to the community provided no discussion\nor action may be taken except to provide staff direction to report back or to place the\nitem on a future agenda.\nSeptember 12, 2023

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

15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY\nSESSION\nAt this time Council/Agency/Authority Members may place an item on a future study\nsession agenda.\nCurrently Scheduled: None.

15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING REDISTRICTING\nAt the August 22, 2023, City Council meeting, Council Member Taylor requested that this\nitem be agendized for discussion. Council Member Taylor is requesting to discuss\nchanging the composition of the current four (4) City Council Member Districts with a\ndirectly-elected Mayor to a five (5) Council Member Districts with no directly-elected\nMayor.\nRECOMMENDED ACTION:\nCity Council provide direction to staff.

17A. ORANGE COUNTY FIRE AUTHORITY\nAt this time the Orange County Fire Authority will provide the City Council with an\nupdate on their current operations.

4A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION\nPursuant to Government Code section 54956.9(d)(1)\nNumber of cases: 1\nCase Name: Tina Pacific Residents Association, et al. v. City of Stanton\nCase Number: OCSC 39-2023-01316300-CU-WM-CXC

4B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION\n(Pursuant to Government Code Section 54957.6)\nTitle: City Attorney

4C. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION\nInitiation of litigation pursuant to Government Code section 54956.9(d)(4)\nNumber of potential cases: 1\nSeptember 12, 2023

9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND\nRESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE\nPUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING\nWAIVED\nRECOMMENDED ACTION:\nCity Council/Agency Board/Authority Board waive reading of Ordinances and\nResolutions.

9B. APPROVAL OF WARRANTS\nCity Council approve demand warrants dated August 11, 2023 – August 24, 2023, in the\namount of $1,546,346.40.\nSeptember 12, 2023

9D. JULY 2023 INVESTMENT REPORT\nThe Investment Report as of July 31, 2023, has been prepared in accordance with the\nCity’s Investment Policy and California Government Code Section 53646.\nRECOMMENDED ACTION:\n1. City Council find that this item is not subject to California Environmental Quality Act\n(“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative\nactivities of governments that will not result in direct or indirect physical changes in\nthe environment); and\n2. Receive and file the Investment Report for the month of July 2023.

9E. JULY 2023 INVESTMENT REPORT (SUCCESSOR AGENCY)\nThe Investment Report as of July 31, 2023, has been prepared in accordance with the\nCity’s Investment Policy and California Government Code Section 53646.\nRECOMMENDED ACTION:\n1. Successor Agency find that this item is not subject to California Environmental\nQuality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or\nadministrative activities of governments that will not result in direct or indirect\nphysical changes in the environment); and\n2. Receive and file the Investment Report for the month of July 2023.\nSeptember 12, 2023

9F. EXECUTE A GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND\nURBAN DEVELOPMENT (HUD) FOR THE ORANGEWOOD AVENUE COMPLETE\nSTREETS PROJECT\nIn March 2023, the City received an award letter from the U.S. Department of Housing\nand Urban Development (HUD) confirming the award of FY 2022 Community Project\nFunding (CPF) for the proposed Orangewood Avenue Complete Streets Project. HUD is\nrequiring the agreement and application be submitted by September 29, 2023.\nRECOMMENDED ACTION:\n1. City Council declare this project to be categorically exempt under the California\nEnvironmental Quality Act, Section 15378(b)(5) – Organizational or administrative\nactivities of governments that will not result in direct or indirect physical change in\nthe environment; and\n2. Accept the HUD FY 2022 Community Project Funding in the amount of $850,000;\nand\n3. Authorize the City Manager to sign the FY 2022 Community Project Funding Grant\nAgreement (NO. B-22-CP-CA-0124).\nEND OF CONSENT CALENDAR