Stanton — 2024-02-27

12A. 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.

12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING\nAt this time Council/Agency/Authority Members may place an item on a future agenda.

12C. 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.\nFebruary 27, 2024

14A. ORANGE COUNTY SHERIFF’S DEPARTMENT\nAt this time the Orange County Sheriff’s Department will provide the City Council with\nan update on their current operations.

6B. APPROVAL OF WARRANTS\nCity Council approve demand warrants dated January 27, 2024 – February 8, 2024, in the\namount of $1,537,850.85.

6D. AWARD OF CONSTRUCTION CONTRACT FOR THE FY 2022/23 CITYWIDE\nSTREET RESURFACING PROJECT (TASK CODE 2023-101)\nSix bids for the FY 2022/23 Citywide Street Resurfacing Project were opened on\nFebruary 13, 2024. Based on the post-bid analysis of the bids received, staff has\ndetermined the bid submitted by Onyx Paving Company, Inc. to be the lowest\nresponsible and responsive bid at $1,151,000.\nRECOMMENDED ACTION:\n1. City Council declare that this project is exempt from the California Environmental\nQuality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor\nalteration of existing public structures; and\n2. Award a construction contract for the FY 2022/23 Citywide Street Resurfacing\nProject to Onyx Paving Company, Inc. for the bid amount of $1,151,000.00 and\nreject all other bids; and\n3. Authorize the City Manager to bind the City of Stanton and Onyx Paving Company,\nInc. in a contract for the construction; and\n4. Authorize the City Manager to approve contract changes, not to exceed 10-percent\nof the bid amount ($115,100).\nFebruary 27, 2024

6E. AWARD OF CONSTRUCTION CONTRACT FOR THE STANTON PARK FITNESS\nEQUIPMENT (TASK CODE NO. 2022-820)\nThe City of Stanton’s Qualified Contractors List prepared in accordance with the\nCalifornia Uniform Public Construction Cost Accounting Act (CUPCCAA) guidelines and\nassociated Public Contract Codes is being used for this public project. A proposal was\nreceived to construct the concrete infrastructure and site preparation for the Stanton\nPark Fitness Equipment Project. Staff recommends a construction contract to be\nawarded to Aguilar & Calderon, a corporation, in the amount of $42,000.\nRECOMMENDED ACTION:\n1. City Council declare that this project is categorically exempt under the California\nEnvironmental Quality Act, Class 3 and Section 15303 which exempts the\nconstruction or new, small facilities or structures; and\n2. Award a construction contract for the Stanton Park Fitness Equipment Project to\nAguilar & Calderon, a corporation, for the bid amount of $42,000 according to the\nCity’s adopted Uniform Public Construction Cost Accounting Act Municipal Code\nSection 2.58.010 for this procurement; and\n3. Authorize the City Manager to approve contract changes, not to exceed 10-percent\nof the bid amount ($4,200); and\n4. Authorize the City Manager to bind the City of Stanton and Aguilar & Calderon, a\ncorporation, in a contract for the construction.

6F. ACCEPTANCE OF THE 2023 CATCH BASIN SCREEN INSTALLATION PROJECT\nBY THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA\nThe 2023 Catch Basin Screen Installation Project consisting of the installation of new\nconnector pipe screen (CPS-MODTM) and Grated Inlet Trash Screens (GITSTM) devices\nin catch basins is now complete. The final construction cost for the project was $42,840,\ncoming in under budget below the contract award amount. The City Engineer certifies\nthat the work was satisfactorily completed as of February 5, 2024 and recommends that\nthe City Council accept the completed work performed on this project.\nRECOMMENDED ACTION:\n1. City Council declare this project categorically exempt under the California\nEnvironmental Quality Act, Class 1, and Section 15301(b) as minor alteration of\nexisting public utility; and\n2. Accept the completion of improvements for the 2023 Catch Basin Screen Installation\nProject, as certified by the City Engineer, and affix the date of February 5, 2024 as\nthe date of completion of all work on this project; and\nFebruary 27, 2024\n3. Approve the final construction contract amount of $42,840 with G2 Construction,\nInc.; and\n4. Direct the City Clerk within ten (10) days from the date of acceptance to file the\nNotice of Completion (Attachment) with the County Clerk-Recorder of the County of\nOrange; and\n5. Direct City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of\nCompletion” with the County Clerk-Recorder, to make the retention payment to G2\nConstruction, Inc. in the amount of $2,142.

6G. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR 2022-23\nAND RELATED AUDIT REPORTS\nEach year the City issues an Annual Comprehensive Financial Report (ACFR), which\nsummarizes the financial activity of a local government for a given fiscal year in\naccordance with financial statement presentation requirements prescribed by\ngovernment accounting standards (Attachment A). The ACFR is accompanied by an\nopinion from the City’s audit firm. The audit firm’s opinion on the City’s 2022-23 ACFR is\na clean opinion, with no exceptions, modifications, or qualifications. (The audit firm also\nissued a separate report for the Housing Authority’s 2022-23 audited financial\nstatements. The single audit report on Attachment C was required for the Fiscal Year\n2022-23 audit because the City spent more than $750,000 in federal grant funds. No\nfindings or questioned costs are identified in this report. In addition, the City’s auditors\nissue other reports in relation to the City’s audit. These reports are provided in\nAttachments D and E. (Attachment D, page 6 includes one recommendation from the\nCity’s auditors.).\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 Annual Comprehensive Financial Report (ACFR), and related\naudit reports.\nFebruary 27, 2024

6H. RESOLUTION INITIATING PROCEEDINGS AND ORDERING THE ENGINEER TO\nPREPARE AND TO FILE A REPORT FOR THE STANTON LIGHTING AND\nLANDSCAPING DISTRICT NO. 1\nAs part of the annual update to the Lighting and Landscaping District No. 1, certain\nprocedural resolutions must be adopted by the City Council. The proposed resolution\norders the Engineer’s report for the Fiscal Year 2024/25 update.\nRECOMMENDED ACTION:\n1. City Council find that this item is not subject to California Environmental Quality Act\n(“CEQA”) pursuant to Section 15378(b)(5) (Organizational or administrative activities\nof governments that will not result in direct or indirect physical changes in the\nenvironment); and\n2. Adopt Resolution No. 2024-04 initiating proceedings and ordering the Engineer’s\nreport for the Fiscal Year 2024/25 update, entitled:\n“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,\nCALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL\nASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING\nDISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2024,\nAND ENDING JUNE 30, 2025; AND ORDERING THE ENGINEER TO\nPREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH”.

6I. REQUEST FOR PROPOSALS FOR PARKING ENFORCEMENT SERVICES\nThe City of Stanton will issue a Request for Proposals (RFP) from qualified parking\nenforcement service providers for the provision of comprehensive parking enforcement\nservices for an initial two year-term, with two two-year extensions to be exercised at the\nCity’s discretion.\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 report.\nEND OF CONSENT CALENDAR\nFebruary 27, 2024

7A. AN EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF STANTON, CALIFORNIA, ESTABLISHING A TEMPORARY\nMORATORIUM ON THE ESTABLISHMENT OF ANY NEW TOBACCO RETAILER\nBUSINESS, AS DEFINED, AND TEMPORARY MORATORIUM ON ANY\nEXPANSION, ENLARGEMENT, AND/OR ALTERATION OF ANY EXISTING\nTOBACCO RETAILER BUSINESSES PENDING STUDY AND THE PREPARATION\nOF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING CODE\nPURSUANT TO GOVERNMENT CODE SECTIONS 65858 AND 36937 AND\nDETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA\nDue to the continuing need to protect the public safety, health, and welfare of the\ncommunity from illegal sales of flavored tobacco products, and the comprehensive\nnature of the necessary review of the applicable Municipal Code regulations including\noperational standards, zoning regulations, and other pertinent revisions aimed at\nreducing the unlawful sale of flavored tobacco products, the City Council is asked to\nconsider an extension of the interim urgency ordinance to temporarily prohibit the\nestablishment of any new tobacco retailer business and/or the expansion, enlargement,\nor alteration of any existing tobacco retailer businesses within the City. The interim\nurgency ordinance would provide the City with sufficient time to develop new municipal\nand zoning code regulations. The length of the moratorium would be 10 months and 15\ndays.\nRECOMMENDED ACTION:\n1. City Council find that the proposed urgency ordinance is:\na) Not a “project” within the meaning of Section 15378 of the State of California\nEnvironmental Quality Act (“CEQA”) Guidelines (Title 14 of the California Code of\nRegulations) because it has no potential for resulting in physical change in the\nenvironment, directly or indirectly; and\nb) 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\nactivity in question may have a significant effect on the environment.\n2. Receive and file the 10-day action report for the conclusion of the 45-day\nmoratorium; and\n3. Adopt Urgency Ordinance No. 1139, entitled:\n“AN EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE\nCITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA\nESTABLISHING A TEMPORARY MORATORIUM ON THE\nESTABLISHMENT OF ANY NEW TOBACCO RETAILER BUSINESS,\nAS DEFINED, AND A TEMPORARY MORATORIUM ON ANY\nFebruary 27, 2024\nEXPANSION, ENLARGEMENT, AND/OR ALTERATION OF ANY\nEXISTING TOBACCO RETAILER BUSINESS FOR 10 MONTHS AND 15\nDAYS PENDING STUDY AND THE PREPARATION OF AN UPDATE\nTO THE CITY’S MUNICIPAL CODE AND ZONING CODE PURSUANT\nTO GOVERNMENT CODE SECTIONS 65858 AND 36937 AND\nDETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA”.

9A. INFORMATIONAL REPORT REGARDING RECENT STATE LAWS AND CAMPAIGN\nCONTRIBUTIONS\nAt its meeting on November 28, 2023, the City Council requested an informational\nreport regarding new laws relating to campaign finance contribution limits and revisions\nto the “Levine Act,” which are Assembly Bill 571 and Senate Bill 1439, respectively. This\nreport provides a summary of each law.\nRECOMMENDED ACTION:\n1. City Council declare this action categorically exempt under the California\nEnvironmental Quality Act (“CEQA”) under Section 15378(b)(5) – Organizational or\nadministrative activities of governments that will not result in direct or indirect\nchanges in the environment; and\n2. Consider a presentation by the City Attorney’s Office and receive and file the report\nor provide further direction.

9B. AUTHORIZATION FOR MAYOR AND COUNCIL MEMBERS TO ATTEND\nUPCOMING MEETINGS AND EVENTS\nPursuant to the City of Stanton Travel and Reimbursement policy, the Mayor and/or a\nCouncil Member must receive City Council approval prior to a trip if the trip will exceed\n$500. Council will consider the following requests for travel:\n• Mayor David J. Shawver\no Event: League of California Cities 2024 City Leader Summit\no Location: Sacramento, CA\no Dates: April 17 – 19, 2024\n• Mayor David J. Shawver\no Event: Southern California Association of Governments (SCAG) 59th\nAnnual Regional Conference and General Assembly\no Location: Palm Desert, CA\no Dates: May 2 – 3, 2024\nFebruary 27, 2024\n• Council Member Donald Torres\no Event: League of California Cities 2024 City Leader Summit\no Location: Sacramento, CA\no Dates: April 17 – 19, 2024.\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. Authorize the Mayor and/or Council Member attendance at the proposed meetings\nand events as desired and authorize staff to make a budget adjustment as needed\nto cover registration and travel costs.

9C. APPROVE THE BUDGET ADJUSTMENTS PROPOSED FOR THE MID-YEAR\nBUDGET UPDATE FOR FISCAL YEAR 2023/24\nDuring the course of the fiscal year, it is often necessary to adjust estimated revenues\nand expenditure appropriations in various program areas, projects, and funds. Revenue\nfor all City funds is increasing by $4.2 million and expenditures for all City funds is\nincreasing by $4.6 million. Nearly half of the revenue increase, $1.7 million, is to adjust\ninvestment income due to increased interest earned from the City’s investment portfolio.\nIn Fiscal Year 2022/23, the City earned over $1.7 million in interest income. This trend\nhas continued through the first half of the current fiscal year. All of the proposed\nchanges to the Fiscal Year 2023/24 Adopted Operating Budget, including detailed\nexplanations, are presented in Attachment A.\nGeneral Fund revenue is increasing by $2.1 million, and expenditures are decreasing by\n$748,425 resulting in a net increase in fund balance of $2.9 million, which will increase\nthe General Fund’s available fund balance to a revised projected amount of $35.8\nmillion by June 30, 2024.\nHousing Authority revenue is increasing by $280,000, primarily due to interest income\nas previously discussed. Housing Authority expenditures are increasing by $4.3 million,\nprimarily for relocation services for residents of the Tina Pacific affordable housing\nproject.\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. City Council approve the budget adjustments summarized in Attachment A.\nFebruary 27, 2024