Stanton — 2024-10-22

10A. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nSTANTON, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS\n36937 AND 65858 EXTENDING A TEMPORARY MORATORIUM ON THE\nESTABLISHMENT OF ANY NEW PUBLIC LODGING, LODGING FACILITY OR\nLODGING BUSINESSES OR USES, AND EXTENDING A TEMPORARY\nMORATORIUM ON ANY EXPANSION, ENLARGEMENT, AND/OR ALTERATION OF\nANY EXISTING PUBLIC LODGING, LODGING FACILITY, OR LODGING\nBUSINESSES AND USES FOR SIX MONTHS PENDING STUDY AND THE\nPREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING\nCODE AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA\nDue to the continuing need to protect the public safety, health, and welfare of the\ncommunity from the substantial amount of crime that has occurred at various public\nlodging uses within the City, and the comprehensive nature of the necessary review of\nthe applicable Municipal Code regulations including operational standards, security\nprovisions, zoning regulations, business license requirements, and transient occupancy\ntaxes, the City Council is asked to consider an extension of the interim urgency ordinance\nto temporarily prohibit the establishment of public lodging and/or the expansion,\nenlargement, or alteration of existing public lodging businesses and uses within the City.\nThe interim urgency ordinance would provide the City with sufficient time to complete its\nstudy of the continuing impacts of these establishments and to adopt new municipal and\nzoning code regulations. The length of the moratorium would be 6 months.\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\nOctober 22, 2024\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. That the City Council receive and file the 10-day action report for the conclusion of the\n10 months and 15 day moratorium; and\n3. Adopt Urgency Ordinance No. 1151, 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 PUBLIC\nLODGING, LODGING FACILITY OR LODGING BUSINESSES OR USES,\nAND A TEMPORARY MORATORIUM ON ANY EXPANSION,\nENLARGEMENT, AND/OR ALTERATION OF ANY EXISTING PUBLIC\nLODGING, LODGING FACILITY, OR LODGING BUSINESSES AND\nUSES FOR SIX MONTHS PENDING STUDY AND THE PREPARATION\nOF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING\nCODE PURSUANT TO GOVERNMENT CODE SECTIONS 65858 AND\n36937 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM\nCEQA”.

10B. CONSIDERATION OF ORDINANCE NO. 1148 AMENDING TITLE 20 (ZONING) TO\nPROHIBIT SHORT-TERM RENTALS THROUGHOUT THE CITY AND BED AND\nBREAKFAST ESTABLISHMENTS IN RESIDENTIAL AND MIXED-USE OVERLAY\nZONES\nThe City of Stanton (“City”) has continuously sought to deter nuisance activities\nthroughout the community. Since the emergence of short-term rentals, the City has\nreceived complaints about residents leasing their properties to travelers for short-term or\nvacation rentals. Residents report that the rentals degrade the quality of their\nneighborhoods by generating excessive noise, parking problems, and trash. Because\nshort-term rentals are not expressly permitted in any zone under the Stanton Municipal\nCode (“SMC”), such uses are prohibited throughout the City. The proposed Ordinance\nseeks to expressly memorialize this prohibition making it clear to all members of the\npublic. Similar to short-term rentals, bed and breakfast inns can cause noise, parking,\nand other nuisances in residential neighborhoods. For this reason, the proposed\nordinance would also prohibit bed and breakfast inns within residential and mixed-use\noverlay zones. The proposed changes are intended to safeguard the quality of life in the\nCity’s residential areas.\nRECOMMENDED ACTION:\n1. City Council conduct the public hearing and first reading of Ordinance No. 1148,\nentitled:\nOctober 22, 2024\n“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON,\nCALIFORNIA AMENDING TITLE 20 (ZONING) OF THE STANTON\nMUNICIPAL CODE TO EXPRESSLY PROHIBIT SHORT-TERM\nRENTALS IN ALL ZONES WITHIN THE CITY AND TO PROHIBIT BED\nAND BREAKFAST ESTABLISHMENTS IN RESIDENTIAL ZONES AND\nMIXED-USE OVERLAY ZONES”; and\n2. Declare that the project is exempt per the California Environmental Quality Act\n(CEQA) under section 15060(c)(2) and 15060(c)(3) and alternatively categorically\nexempt pursuant to Section 15301 which apply to projects that will not have a\nsignificant impact on the environment; and\n3. Set November 12, 2024, as the date for second reading for adoption of Ordinance No.\n1148.

12A. UPDATE TO CITY COUNCIL / AUTHORITY BOARD REGARDING TINA PACIFIC\nRESIDENTS ASSOCIATION, ET AL. V. CITY OF STANTON\nThis is an update on the case, Tina Pacific Residents Association, et al. v. City of Stanton,\nwhich was initiated last year against the City by the Public Law Center and The Public\nInterest Law Project on behalf of the Kennedy Commission, as well as named and\nunnamed residents in the neighborhood (collectively, the “Public Law Center and the\nKennedy Commission”). The City has prevailed twice in litigation against the Public Law\nCenter and the Kennedy Commission, with the most recent victory issued by a court last\nweek.\nRECOMMENDED ACTION:\n1. City Council / Authority Board in accordance with the requirements of the California\nEnvironmental Quality Act (CEQA), declare this item not subject to CEQA pursuant to\nSection 15378(b)(5)(Organizational or administrative activities of governments that\nwill not result in direct or indirect physical changes in the environment); and\n2. City Council / Authority Board receive and file.\nOctober 22, 2024

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.

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.\nOctober 22, 2024

17A. ORANGE COUNTY SHERIFF’S DEPARTMENT\nAt this time the Orange County Sheriff’s Department will provide the City Council with an\nupdate on their current operations.

4A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION\nExisting litigation pursuant to Government Code section 54956.9(d)(1)\nNumber of cases: 1\nCase Name: John Doe vs. Doe 2, City of Stanton, et al., Orange County Superior Court\nCase Number: 30-2022-01295559-CU-PO-NJC

4B. 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: 30-2023-01316300-CU-WM-CXC

9B. APPROVAL OF WARRANTS\nCity Council approve demand warrants dated September 19, 2024 – October 3, 2024, in the\namount of $2,184,590.60.

9D. AWARD A PROFESSIONAL SERVICES AGREEMENT TO BLACK O’DOWD AND\nASSOCIATES, INC. FOR PROFESSIONAL DESIGN SERVICES FOR THE STANTON\nCOMMUNITY / SENIOR CENTER IMPROVEMENT PROJECT (TASK CODE NO. 2025-\n601)\nThe City obtained a Community Development Block Grant from the County of Orange for\nimprovements to the City’s Community / Senior Center. City staff released a “Request for\nProposal” (RFP) soliciting proposals to provide building design services. City staff\nrecommends that Black O’Dowd and Associates, Inc. (BOA Architecture) is the best\nqualified to provide professional building design services for improvements to the City’s\nCommunity / Senior Center and is recommending award of the Professional Services\nAgreement to that firm.\nRECOMMENDED ACTION:\n1. City Council declare this project to be categorically exempt under the California\nEnvironmental Quality Act, Class 1, Section 15301(a) as operation, repair, and minor\ninterior or exterior alterations of existing public facilities; and\n2. Award a professional services agreement to Black O’Dowd and Associates, Inc. for\nProfessional Design Services for the Stanton Community / Senior Center\nImprovement Project in the amount of $40,000; and\n3. Authorize the City Manager to bind the City of Stanton and Black O’Dowd and\nAssociates, Inc. in an Agreement to provide the services; and\n4. Authorize the City Manager to approve a contingency in the amount of $4,000 to Black\nO’Dowd and Associates, Inc.

9E. AWARD A PROFESSIONAL SERVICES AGREEMENT TO BUCKNAM\nINFRASTRUCTURE GROUP TO PROVIDE A PAVEMENT MANAGEMENT PLAN\n(TASK CODE NO. 2025-106)\nCity staff released a “Request for Proposal” (RFP) soliciting proposals to provide a\nprofessional Pavement Management Plan. Staff believes that Bucknam Infrastructure\nGroup is the best qualified to provide the professional services and is recommending\naward of the Professional Services Agreement to the firm.\nRECOMMENDED ACTION:\n1. City Council declare this action to be categorically exempt under the California\nEnvironmental Quality Act, since the action herein does not constitute a “project” as\ndefined by Section 15378 of the CEQA guidelines; and\n2. Award a professional services agreement to Bucknam Infrastructure Group to provide\na professional Pavement Management Plan in the amount of $23,796; and\nOctober 22, 2024\n3. Authorize the City Manager to bind the City of Stanton and Bucknam Infrastructure\nGroup in an Agreement to provide the services; and\n4. Authorize the City Manager to approve a contingency in the amount of $2,400 to\nBucknam Infrastructure Group.

9F. ADOPT RESOLUTION APPROVING THE ANNUAL MEASURE M2 EXPENDITURE\nREPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024\nOrange County Local Transportation Authority Ordinance No. 3 (“Ordinance”) requires\nthat the City adopt a resolution approving an Annual Measure M2 Expenditure Report.\nThis report accounts for the City’s share of Measure M2 revenues, developer/traffic\nimpact fees, and the funds that were expended to satisfy the City’s Maintenance of Effort\nrequirements (MOE). The Annual Measure M Expenditure Report for the fiscal year\nended June 30, 2024, has been included as Exhibit A to the Resolution (Attachment A).\nRECOMMENDED ACTION:\n1. City Council find that this item is not subject to California Environmental Quality Act\n(“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or\nreasonably foreseeable indirect physical change in the environment) and 15060 (c)(3)\n(the activity is not a project as defined in Section 15378 of the CEQA Guidelines,\nCalifornia Code of Regulations, Title 14, Chapter 3, because it has no potential for\nresulting in physical change to the environment, directly or indirectly; and\n2. Adopt Resolution No. 2024-35 approving the Annual Measure M2 Expenditure Report\nfor the Fiscal Year Ended June 30, 2024, entitled:\n“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON\nCONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE\nCITY OF STANTON FOR THE FISCAL YEAR ENDED JUNE 30, 2024”;\nand\n3. Direct staff to submit the report with OCTA.

9G. AMENDED RESPONSE TO THE 2023-2024 ORANGE COUNTY GRAND JURY\nREPORT DATED JUNE 11, 2024, ENTITLED, “E-BIKES FRIEND OR FOE”\nOn June 20, 2024, the Orange County Grand Jury released a report entitled “E-bikes\nFriend or Foe” (Attachment A). The report focused on E-bike regulation, education, and\nsafety and what, if any, pertinent regulations have been adopted by Orange County cities.\nCalifornia Penal Code Sections 933 and 933.05 require any public agency that the Grand\nJury reviews respond to the findings and recommendations of the Grand Jury Report. The\nCity submitted their response letter after receiving Council authorization at its meeting on\nAugust 27, 2024. The Grand Jury has requested an amended response, which has been\nprepared for Council review (Attachment B).\nOctober 22, 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 activities\nor governments that will not result in direct or indirect physical changes in the\nenvironment); and\n2. Authorize the Mayor to sign the amended response letter to the Orange County Grand\nJury related to the findings and recommendations contained in the June 20, 2024,\nreport entitled “E-bikes Friend or Foe”.\nEND OF CONSENT CALENDAR