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08-23-22_Action with CommentsANAHEIM CITY COUNCIL ACTION AGENDA AUGUST 23, 2022  ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Housing and Public Improvements Authority begin at 5:00 P.M. Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted. Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chamber, 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.  REPORTS: All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net/councilagendas. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) are available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net.  PUBLIC COMMENTS: There are two Public Comment periods with speakers having one opportunity to address the City Council, except for scheduled public hearing items. Public comments are limited to three (3) minutes per speaker, unless a different time limit is announced. The City uses speaker cards that must be submitted to the City Clerk in order to address the City Council. Prior to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session for the first Public Comment period where speakers will be permitted to speak on specific agenda item(s). This first Public Comment period is limited to 90 minutes or until all agenda item speakers have been heard, whichever is later. Any remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is exhausted. The second Public Comment period will be opened by the Mayor if any non-agenda item speakers were not called during the first Public Comment period. For public hearings, the Mayor or Chairperson will separately call for testimony at the time of each public hearing. Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or Chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. Speakers shall refrain from profane language and other disruptive remarks or behavior which disrupts or disturbs the meeting, or risk being removed (AMC 1.12.017). Additionally, members of the public may correspond with the City Council and all other related agencies, on any agenda items or matters within the jurisdiction of such governing bodies, by submitting comments electronically for City Council consideration by sending them to publiccomment@anaheim.net. To ensure distribution to the City Council prior to consideration of the agenda, please submit comments at least 2 hours prior to the scheduled start time of the meeting. Those comments, as well as any comments received after that time, will be distributed to the City Council, posted on the City’s website, and will be made part of the official public record of the meeting. Current and archived public comments are available at www.anaheim.net/publiccomment. Contact the City Clerk’s Office at 714-765-5166 or cityclerk@anaheim.net with any questions.  ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency.  CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless a member(s) requests an item(s) be discussed and/or removed from the Consent Calendar for separate action.  SERVICIOS DE TRADUCCION (TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH): La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada. VACANT Mayor Trevor O’Neil Mayor Pro Tem District 6 Jose Diaz Council Member District 1 Gloria Sahagún Ma’ae Council Member District 2 Dr. Jose F. Moreno Council Member District 3 Avelino Valencia Council Member District 4 Stephen Faessel Council Member District 5 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 August 23, 2022 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA AUGUST 23, 2022 3:00 P.M. Call to order the Anaheim City Council. 3:08 P.M. MEMBERS PRESENT: Mayor Pro Tem and Council Members Ma’ae, Moreno, and Faessel. Council Member Diaz joined the meeting at 3:09 P.M. Council Member Valencia joined the meeting during Closed Session. [Mayoral vacancy] ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: 1 speaker; no electronically submitted comments. Recess to closed session. 3:10 P.M. 3:00 P.M. - CLOSED SESSION 3:10 P.M. 1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Peoples Homeless Task Force Orange County v. City of Anaheim, OCSC Case No. 30-2020 01135406-CU-WM-CJC 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) (1) of the California Government Code) Title: City Manager, City Attorney, and City Clerk 3. CONFERENCE WITH LABOR NEGOTIATORS Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organizations: City Manager, City Attorney, and City Clerk Reconvene the Anaheim City Council. 5:27 P.M. 5:00 P.M. 5:27 P.M. MEMBERS PRESENT: Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Moreno, Valencia, and Faessel [Mayoral vacancy] INVOCATION: Preacher Jimmy Gaston, State College Blvd Church of Christ FLAG SALUTE: Council Member Jose Diaz ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing September 2022, as World Alzheimer’s Awareness Month Recognizing September 2022, as National Preparedness Month Accepted by Fire Chief Patrick Russell 3 August 23, 2022 Recognizing September 2022, as National Library Card Sign-Up Month Accepted by Alessandra Gonzalez, Anaheim Public Library Communications Specialist Recognizing September 2022, as Childhood Cancer Awareness Month Recognizing September 2022, as Hunger Action Month Accepted by Sara Bazant, Second Harvest Food Bank of Orange County ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass announced that consideration of Item No. 13 would include a revised Resolution per a request by the Council of American-Islamic Relations to include an additional four organizations in the Resolution. PUBLIC COMMENTS (all agenda items): 58 speakers. City Clerk Theresa Bass reported 24 public comments were received electronically prior to 5:00 P.M. (Total of 27 public comments received via email). Public Comments Submitted – August 23, 2022 City Council Meeting (limited to 90 minutes, or until all agenda item speakers have been heard; any time remaining shall be provided to non-agenda item speakers) COUNCIL COMMUNICATIONS: Council Member Valencia reported that the District 4 office participated in the Youth Conference last Saturday at the Anaheim Convention Center, noted the wonderful turnout, and looked forward to more Anaheim students attending in the future. He wished all students and educators a blessed start to the school year, particularly his wife with her new role as the principal of Price Elementary School. Council Member Faessel requested the City Manager find ways to provide services and support to the Rubio family of nine (9) that was recently displaced from their home by a fire. Mayor Pro Tem O’Neil reported he participated in a ride-a-long last week with the Community Policing Team, thanked Sgt. Lillemoen for teaching him throughout the day, and noted that he values the work done by the Anaheim Police Department. Council Member Ma’ae thanked Sandra Lozeau for her work, recognized the support she provides throughout the City, and expressed gratitude on behalf of residents. Council Member Diaz highlighted Tana Ethiopian Restaurant and Market at 2622 West La Palma Avenue and encouraged support for small, immigrant-owned businesses. Council Member Moreno thanked City staff and Fair Housing for meeting with residents last Thursday to address neighborhood concerns for Pauline Street and Neighbors Street, specifically regarding apartment conditions and organizing clean-up events. He reported a neighborhood clean-up event is scheduled for Saturday, September 10, 9:00 A.M. – 11:00 A.M. in the Onondaga neighborhood. CITY MANAGER’S UPDATE: City Manager Jim Vanderpool reported that Access California is assisting the Rubio family displaced by the fire. He reported that the Anaheim Police Department and other City staff met with the Edison Elementary School community on August 10 to field questions about crime and quality of life issues in the neighborhood. He further noted that the Police Explorers participated in the 92nd Academy with eight (8) graduates and five (5) trophies and he thanked the Police Department for preparing the next generation of law enforcement. He noted that the Anaheim Convention Center was recognized with a 4 August 23, 2022 Smart Stars 2022 Award by Smart Meetings Magazine. On behalf of the Community Services Department, Anaheim Public Library, he invited the community to the OC Zinefest on Saturday, September 10, 11:00 A.M. – 4:00 P.M., at the Central Library, with more information available at www.anaheim.net/library. 5:00 P.M. - CITY COUNCIL 8:19 P.M. Items pulled for discussion: Council Member Moreno: Item Nos. 02 and 13 Council Member Ma’ae: Item No. 13 MOTION: SF/GM Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 6-0. Motion carried. CONSENT CALENDAR: 1. Receive and file minutes of the Library Board meeting of July 11, 2022. 2. Approve response to the 2021-2022 Orange County Grand Jury Report, “The Big A Lack of Transparency,” and direct the City Manager to execute a letter and forward the response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury (continued from the City Council meeting of August 9, 2022, Item No. 4). Item No. 02 Discussion. MOTION: AV/GM ROLL CALL VOTE: 4-2 (AYES: Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, and Faessel; NOES: Council Members Moreno and Valencia). Motion carried. 3. Authorize an increase to the current master agreement with AAA Oil, Inc., in the amount of $1,078,000 to an increased not to exceed amount of $3,239,626.36, to account for the increases in petroleum prices in the purchase of automotive fuel during the 2022-23 term, and authorize the Purchasing Agent to adjust the maximum amount of the agreement as needed to cover costs in subsequent years, should the agreement be renewed. 4. Waive the sealed bid requirement of Council Policy 4.0; and ratify an increase to the current master agreement with Bound Tree Medical, in the amount of $84,195.62 to an increased not to exceed amount of $420,981, due to purchases of medical supplies under this agreement that were to be made using other available agreements. 5. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Cues, Inc., in the amount of $16,955 plus applicable tax, which is in conjunction with a recent purchase agreement of $39,079 for related software products, to complete the upgrade of existing Granite municipal asset inspection software by adding web application software for use by the Public Works Department, Streets Division; and authorize the Purchasing Agent to exercise annual maintenance and support service renewals subject to available budget appropriations. 5 August 23, 2022 6. Award the contract to the lowest responsible bidder, CEM Construction Corporation, in the amount of $1,048,898.70, for the North Vine Street Sanitary Sewer Improvements from the alley north of Lincoln Avenue to East Cypress Street, the alley west of North Vine Street, and the North Rose Street Sanitary Sewer Improvements from the alley north of Lincoln Avenue to East Cypress Street Project; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine that the Project is categorically exempt from the California Environmental Quality Act pursuant to Class 3, Section 15303 (d) and Section 15061 of Title 14 of the California Code of Regulations; authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 7. Approve a Professional Design Services Agreement, in substantial form, with Pacific Advanced Civil Engineering, Inc., in the amount of $7,930,627, to design and engineer the OC River Walk Project; authorize the Director of Community Services to increase the contract amount by up to 10%, if necessary; authorize de minimis changes that do not substantially change the terms and conditions of the Agreement, as determined by the City Attorney; and authorize the Director of Community Services, or designee, to execute the agreement and related documents and to take the necessary actions to implement and administer the agreement. 8. Approve an Agreement with Kana Substructure Engineering, Inc., in the amount of $762,450 for a one year term with five one-year automatic extensions with Consumer Price Index adjustments for each one-year extension, plus an additional 15% for as-needed extra services to perform underground utility locating services; authorize the Public Utilities General Manager, or designee, to execute the Agreement and related documents and to take the necessary actions to implement and administer the agreement; and determine that the locating services are categorically exempt from the California Environmental Quality Act pursuant to Sections 15061(b)(3) and 15301(b) of Title 14 of the California Code of Regulations. 9. Approve the Second Amendment to the Information System Agreement with Systems & Software, Inc., in an amount not to exceed $1,114,000 plus a 15% contingency for extra work, for the upgrade of the Customer Information System (CIS), which includes post-implementation services and updates to software licenses and other agreement terms; authorize support and maintenance fees in an annual amount not to exceed $311,000 with an annual escalator not-to-exceed 3%; and authorize the Public Utilities General Manager, or designee, to execute order forms, work orders, and related documents for software licenses, subscriptions, maintenance, and services for CIS improvements in an annual amount not-to-exceed $200,000; authorize the Public Utilities General Manager, or designee, to execute the Second Amendment and related documents and take the necessary actions to implement and administer the amended agreement; and authorize de minimis changes to the Second Amendment and related or associated documents that do not substantially change the terms and conditions of the Information System Agreement as amended, as determined by the City Attorney’s Office. 10. Approve the Fifth Amendment to Concessions Agreement and the Fifth Amendment to Parking License Agreement with Nederlander-Grove, LLC to extend the term of the agreements for one additional year through December 31, 2023, and add a one-year optional extension to the agreements for management of the City National Grove of Anaheim and use of the common area parking in support of the City National Grove of Anaheim; and authorize the Executive Director of the Convention, Sports & Entertainment Department to execute any related documents and to take the necessary actions to implement and administer the amended Concessions and Parking License Agreements. 6 August 23, 2022 11. Approve the First Amendment to Coronavirus, Aid, Relief and Economic Security Act Community Development Block Grant (CDBG) Subrecipient Agreement with Mind OC, doing business as Be Well OC, extending the pilot program for a mobile crisis response program for an additional nine (9) months in order to spend CDBG funds and amend the termination date from September 30, 2022 to June 30, 2023; and authorize the City Manager, or designee, to execute and administer the amendment. 12. Approve the 2023 Health and Welfare Plan Carriers and Rates and authorize the Human Resources Director to enter into and execute all required provider agreements and to take the necessary actions to implement and administer the agreements. 13. RESOLUTION NO. 2022-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to recognize August 2022 as American Muslim Appreciation and Awareness Month. Item No. 13 Discussion. MOTION: GM/JD ROLL CALL VOTE: 6-0. Resolution approved, as revised. 14. ORDINANCE NO. 6533 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to Zoning (Reclassification No. 2021-00336) (DEV2020-00248) [reclassifying the property at 1661-1673 West Broadway from the “C-G” General Commercial zone to the “RM-3.5” Multiple-Family Residential zone; introduced at the City Council meeting of August 9, 2022, Public Hearing Item No. 30]. ORDINANCE NO. 6534 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Development Agreement by and between the City of Anaheim and Anaheim 1 INV, LLC, and authorizing the Mayor Pro Tem to execute said agreement for and on behalf of the City (DEV2020-00248) [to permit a voluntary financial contribution, in the amount of $34,000, to support the City’s affordable housing programs; introduced at the City Council meeting of August 9, 2022, Public Hearing Item No. 30]. Determine that the proposed Reclassification No. 2021-00336 and Development Agreement (DEV2020-00248) were adequately analyzed pursuant to the Mitigated Negative Declaration approved in conjunction with the project. 15. Approve minutes of the City Council meeting of May 24, 2022. END OF CONSENT CALENDAR: 8:30 P.M. 16. Direct staff to commission a Request for Qualifications/Request for Proposals of Planning firms to procure consulting services to study the various district options for the Brookhurst Street Corridor (continued from the City Council meeting of August 9, 2022, Item No. 26). Item No. 16 MOTION: GM/JD to direct staff to commission a RFQ/RFP to procure consulting services with a commitment of a designation of Little Arabia and deliverables from the RFP/RFQ to include 1) company qualifications and prior relevant work experience, 2) proposed project schedule, 3) corridor outreach and engagement plan, 4) facilitated community workshops and online engagement methods, 5) study area physical conditions report, 6) may include market and real estate analysis, 7) parking analysis, and 7 August 23, 2022 8) report to City Council with findings, recommendations, and funding options, including the branding for the area. SUBSIDIARY MOTION: JM to table until after consideration of Item No. 17. Motion failed for lack of a second. MOTION: GM/JD direct staff to commission a RFQ/RFP to procure consulting services with a commitment of a designation of Little Arabia and deliverables from the RFP/RFQ to include 1) company qualifications and prior relevant work experience, 2) proposed project schedule, 3) corridor outreach and engagement plan, 4) facilitated community workshops and online engagement methods, 5) study area physical conditions report, 6) may include market and real estate analysis, 7) parking analysis, and 8) report to City Council with findings, recommendations, and funding options, including the branding for the area. ROLL CALL VOTE: 5-0-1 (AYES: Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Valencia, and Faessel; ABSTAIN: Council Member Moreno). Motion carried. 17. Discuss and potentially take action to designate a portion of the Brookhurst Street Corridor as “the Little Arabia District”. Item No. 17 Discussion. MOTION: JM/JD to formally designate Brookhurst Street from Broadway to Ball Road as “Little Arabia” with any changes to the boundaries to come in the future following the process and recommendations from the Brookhurst Street Corridor Study. ROLL CALL VOTE: 5-0-1 (AYES: Council Members Diaz, Ma’ae, Moreno, Valencia, and Faessel; ABSTAIN: Mayor Pro Tem O’Neil). Motion carried. 18. Receive and file an update on Rebuild Beach and as necessary provide direction to staff with the possibility of allocating additional appropriations based on Council direction. Item No. 18 Discussion. MOTION: TO/JD to approve staff’s recommendations of 10 additional overt camera packages, 10 Automated License Plate Reader cameras, one (1) new Anaheim Police Department technology support vehicle “bucket truck,” and additional overt camera monitoring capability via contractor with an estimated cost of $308,000. ROLL CALL VOTE: 6-0. Motion carried. 19. Discuss and approve holding a State of the City event in 2022. Item No. 19 Discussion. MOTION: TO/JD to approve, as presented, with a target date of end of September. ROLL CALL VOTE: 3-3 (AYES: Mayor Pro Tem O’Neil and Council Members Diaz and Ma’ae; NOES: Council Members Moreno, Valencia, and Faessel). Motion failed. MOTION: SF/GM to approve, as presented, with a target date after the November 8, 2022 election. ROLL CALL VOTE: 1-5 (AYES: Council Member Faessel; NOES: Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Moreno, and Valencia). Motion failed. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non-agenda items): None (opened only if any remaining non-agenda speakers were not called to speak during the first Public Comment period) 8 August 23, 2022 COUNCIL COMMUNICATIONS: Council Member Faessel thanked the City Manager for recognizing the Edison School meeting, displayed photos of an Edison Community meeting and park cleanup, and thanked neighborhood residents, volunteers, and staff for their efforts. He acknowledged his 50th anniversary with his wife, Susan. He announced that Bottle Logic Brewing was honored by State Senator David Min with a 37th Senate District’s 2022 Small Business of the Year Award and congratulated the business owners. Council Member Diaz congratulated teachers and students for a new school year. He requested staff and Council be conscious of the number of items placed on each meeting agenda as well as the time that the meetings end. Council Member Moreno wished college students and their families good luck as they start that part of their education. He noted that a student recognized Anaheim as the home to the Kobe and Gigi basketball court and thanked the Community Services Department, Nancy Lieberman Charities, and the Mamba & Mambacita Sports Foundation for providing that amenity. COUNCIL AGENDA SETTING: Council Member Ma’ae requested an agenda item to consider limiting the number of agenda items at each City Council meeting. Council Member Moreno requested a presentation on the Community Schools program in the Anaheim Union High School and Anaheim Elementary School Districts on September 27. He also requested an agenda item regarding street racing and speeding on October 4, allowing both items to be on different dates dependent on the volume of items and in consultation with the City Manager. Mayor Pro Tem O’Neil requested a presentation by the Fire Chief on September 13 of recommendations to help be better prepared for fire season, whether via equipment purchases, staffing allocations, or other items. ADJOURNMENT: 11:34 P.M. Next regular City Council meeting is scheduled for September 13, 2022. All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net/councilagendas, and the Central Library. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 during regular business hours and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, by telephone at (714) 765-5166, or via email to cityclerk@anaheim.net, no later than 8:00 AM on the day of the scheduled meeting. 9 August 23, 2022 TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist, the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. For translation services in other languages, contact the City Clerk’s office no later than 48 hours prior to the scheduled meeting. VIEW CITY COUNCIL MEETINGS LIVE AND ARCHIVED: Anaheim City Council meeting videos can be viewed live on the City’s website at www.anaheim.net/councilvideos. POSTING STATEMENT: On August 18, 2022, a true and correct copy of this agenda was posted on the kiosk outside City Hall, 200 S. Anaheim Blvd., Anaheim, CA. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at www.anaheim.net.