Stanton — 2024-01-23

City Council

10A. PUBLIC HEARING TO CONSIDER APPEAL OF PLANNING COMMISSION\nRESOLUTION NO. 2562, WHICH APPROVED THE REVOCATION OF PLANNING\nCOMMISSION RESOLUTION NO. 859 (PRECISE PLAN OF DESIGN P-435), FOR THE\nOPERATION OF A MOTEL AT 11632 BEACH BOULEVARD IN THE GENERAL MIXED\nUSE OVERLAY/COMMERCIAL GENERAL (CG) ZONE, DUE TO SIGNIFICANT\nNEGATIVE IMPACTS CAUSED BY THE OPERATION OF THE MOTEL USE\nThis matter is before the City Council as an appeal of the Planning Commission decision\nto revoke Precise Plan of Design P-435 for the operation of a motel use at 11632 Beach\nBoulevard, where the Dixie Orange County currently operates.\nRECOMMENDED ACTION:\n1. City Council conduct a public hearing; and\n2. Find that the effects of the proposed action are Categorically Exempt from the\nrequirements to prepare additional environmental documentation per California\nEnvironmental Quality Act (CEQA) Guidelines, Section 15270, as CEQA does not\napply to projects which a public agency disapproves; and\n3. Adopt Resolution No. 2024-02 denying the appeal of Planning Commission Resolution\nNo. 2562 and rescinding and revoking Resolution No. 859, which approved Precise\nPlan of Design P-435, entitled:\n“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nSTANTON UPHOLDING PLANNING COMMISSION RESOLUTION NO.\n2562, WHICH REVOKED PRECISE PLAN OF DESIGN 435 FOR THE\nJanuary 23, 2024\nDEVELOPMENT AND OPERATION OF A PUBLIC LODGING/MOTEL USE\nON THE PROPERTY LOCATED AT 11632 BEACH BOULEVARD IN THE\nGENERAL MIXED-USE OVERLAY/COMMERCIAL GENERAL (CG) ZONE,\nDUE TO SIGNIFICANT NEGATIVE IMPACTS CAUSED BY THE\nOPERATION OF THE PUBLIC LODGING/MOTEL USE, DENYING AN\nAPPEAL BY CALIFORNIA ONE HOSPITALITY, LLC AND MEGHA\nHOSPITALITY, LLC, AND MAKING A FINDING OF EXEMPTION FROM\nCEQA”.

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10B. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nSTANTON, CALIFORNIA ESTABLISHING A TEMPORARY MORATORIUM ON THE\nESTABLISHMENT OF ANY NEW TOBACCO RETAILER BUSINESS, AS DEFINED,\nAND TEMPORARY MORATORIUM ON ANY EXPANSION, ENLARGEMENT, AND/OR\nALTERATION OF ANY EXISTING TOBACCO RETAILER BUSINESSES PENDING\nSTUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL\nCODE AND ZONING CODE PURSUANT TO GOVERNMENT CODE SECTIONS 65858\nAND 36937 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA\nThe City of Stanton (“City”) has identified ongoing violations among local tobacco retailers\nthat continue to sell flavored tobacco products in violation of Senate Bill 793 (“SB 793”)\nand the Stanton Municipal Code (“SMC”). The persistence of these sales not only violates\nState law but also impedes SB 793’s core objective of reducing the prevalence of\nadolescent tobacco use throughout California.\nTo safeguard youth and curb illegal tobacco sales within the City, the City Council is asked\nto consider an interim urgency ordinance to temporarily prohibit the establishment of\n“tobacco retailers,” as defined, below, and/or the expansion, enlargement, or alteration of\nexisting tobacco retailers within the City. The interim urgency ordinance is intended to\nprovide the City with sufficient time to study the continuing impacts of these\nestablishments and to develop new municipal and zoning code regulations.\nRECOMMENDED ACTION:\n1. City Council find that the proposed urgency ordinance is: Not a “project” within the\nmeaning of Section 15378 of the State of California Environmental Quality Act\n(“CEQA”) Guidelines (Title 14 of the California Code of Regulations) because it has\nno potential for resulting in physical change in the environment, directly or indirectly\nand is exempt from the requirements of CEQA under Section 15061(b)(3) of the CEQA\nGuidelines, as it can be seen with certainty that there is no possibility that the activity\nin question may have a significant effect on the environment; and\n2. Adopt Urgency Ordinance No. 1138, entitled:\n“AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF STANTON, CALIFORNIA ESTABLISHING A TEMPORARY\nMORATORIUM ON THE ESTABLISHMENT OF ANY NEW TOBACCO\nRETAILER BUSINESS, AS DEFINED, AND A TEMPORARY\nJanuary 23, 2024\nMORATORIUM ON ANY EXPANSION, ENLARGEMENT, AND/OR\nALTERATION OF ANY EXISTING TOBACCO RETAILER BUSINESS\nPENDING STUDY AND THE PREPARATION OF AN UPDATE TO THE\nCITY’S MUNICIPAL CODE AND ZONING CODE PURSUANT TO\nGOVERNMENT CODE SECTIONS 65858 AND 36937 AND DETERMINING\nTHE ORDINANCE TO BE EXEMPT FROM CEQA”.

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12A. CYPRESS COLLEGE FOUNDATION ANNUAL AMERICANA AWARDS\nCity Council will consider participation through a sponsorship contribution for the 49th\nAnnual Cypress College Foundation Americana Awards scheduled for Saturday, March\n16, 2024. The awards ceremony serves as a fundraiser for the Cypress College\nFoundation with all proceeds benefiting Cypress College students and programs and\nhonors the Citizens of the Year from surrounding communities. This year Mr. Rigoberto\nA. Ramirez has been selected and will be honored as the City of Stanton’s Citizen of the\nYear.\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 activities\nof governments that will not result in direct or indirect physical changes in the\nenvironment); and\n2. Approve the City’s participation through a sponsorship contribution for the 49th Annual\nCypress College Foundation Americana Awards; and\n3. Discuss and direct staff to proceed with the selection and purchase of either Option 1:\nthe Benefactor Sponsorship at a cost of $3,500 which includes registration for ten (10)\nand a half-page color donor acknowledgement in the American Program or Option 2:\nthe purchase of ten (10) individual registrations at a cost of $300 per registration for a\ntotal cost of $3,000.\nJanuary 23, 2024

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12B. OPPOSITION TO STATE BALLOT INITIATIVE 21-0042A1, THE TAXPAYER\nPROTECTION AND GOVERNMENT ACCOUNTABILITY ACT\nThe Taxpayer Protection and Government Accountability Act would amend the California\nConstitution with provisions that limit voters’ authority and input, adopt new and stricter\nrules for raising taxes and fees, and may make it more difficult to impose fines and\npenalties for violation of state and local laws. The measure puts billions of local\ngovernment tax and fee revenues at risk statewide along with the provision and delivery\nof related core public services.\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 activities\nof governments that will not result in direct or indirect physical changes in the\nenvironment); and\n2. City Council adopt Resolution No. 2024-01 opposing State Ballot Initiative 21-0042A1,\nthe “Taxpayer Protection and Government Accountability Act”, entitled:\n“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,\nCALIFORNIA TO OPPOSE INITIATIVE 21-0042A1”.

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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 item\non a future agenda.

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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.

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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.

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15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING CREATION OF AN\nORDINANCE ALLOWING FOR THE USE OF FIREWORKS DURING CULTURAL\nEVENTS/HOLIDAYS ALONG WITH A SOCIAL HOST ORDINANCE\nAt the January 9, 2024, City Council meeting, Mayor Pro Tem Warren requested that this\nitem be agendized for discussion. Mayor Pro Tem Warren is requesting to discuss creation\nof an ordinance allowing for the use of fireworks during cultural events/holidays along with\na social host ordinance. Mayor Pro Tem Warren further requested that the City monitor\nthe use of fireworks during the upcoming 2024 cultural holiday season, reach out to\nneighboring cities to inquire about their current practices/policies and to report back to the\nCity Council at a future meeting.\nRECOMMENDED ACTION:\nCity Council provide direction to staff.\nJanuary 23, 2024

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15E. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING THE CITY’S IN-\nHOUSE TRAFFIC COMMITTEE\nAt the January 9, 2024, City Council meeting, Mayor Shawver requested that this item be\nagendized for discussion. Mayor Shawver is requesting to discuss assigning a City\nCouncil liaison to the City’s in-house Traffic Committee.\nRECOMMENDED ACTION:\nCity Council provide direction to staff.

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15F. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING CONTRACT\nPARKING ENFORCEMENT\nAt the January 9, 2024, City Council meeting, Mayor Shawver requested that this item be\nagendized for discussion. Mayor Shawver is requesting to discuss contract parking\nenforcement.\nRECOMMENDED ACTION:\nCity Council provide direction to staff.

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15G. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING EXPLORING\nALTERNATIVE OPTIONS FOR THE TINA/PACIFIC DEVELOPMENT\nAt the January 9, 2024, City Council meeting, Mayor Shawver requested that this item be\nagendized for discussion. Mayor Shawver is requesting to discuss exploring alternative\noptions for the Tina/Pacific development.\nRECOMMENDED ACTION:\nCity Council provide direction to staff.

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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

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9B. APPROVAL OF WARRANTS\nCity Council approve demand warrants dated December 22, 2023 – January 11, 2024, in\nthe amount of $3,368,736.24.