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05-02-23_Action with CommentsANAHEIM CITY COUNCIL ACTION AGENDA MAY 2, 2023 TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the regular meeting will include teleconference participation by Council Member Norma Campos Kurtz from: 2027 Allen Pl NW, Washington DC, 20009. This Notice and Agenda will be posted at the teleconference location. Public comment on the agenda from this address shall be allowed pursuant to Government Code Section 54954.3.  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. Ashleigh E. Aitken Mayor Natalie Rubalcava Mayor Pro Tem District 3 Jose Diaz Council Member District 1 Carlos A. Leon Council Member District 2 Norma Campos Kurtz Council Member District 4 Stephen Faessel Council Member District 5 Natalie Meeks Council Member District 6 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 May 2, 2023 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA MAY 2, 2023 4:00 P.M. TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the regular meeting will include teleconference participation by Council Member Norma Campos Kurtz from: 2027 Allen Pl NW, Washington DC, 20009. This Notice and Agenda will be posted at the teleconference location. Public comment on the agenda from this address shall be allowed pursuant to Government Code Section 54954.3. Call to order the Anaheim City Council. 4:02 P.M. MEMBERS PRESENT: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Faessel, and Meeks (in person). Council Member Kurtz (via teleconference). 4:00 P.M. - CLOSED SESSION 4:02 P.M. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: No in-person speakers and no public comments from the teleconference location. No electronic public comments were received related to the Closed Session agenda. Recess to closed session. 4:04 P.M. 1. 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 Organization: International Brotherhood of Electrical Workers (IBEW), Local 47; and IBEW, Local 47 Part-Time Customer Service Employees Reconvene the Anaheim City Council. 5:01 P.M. MEMBERS PRESENT: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Faessel, and Meeks (in person). Council Member Kurtz (via teleconference). 5:00 P.M. 5:01 P.M. INVOCATION: Reverend Jessica Strysko, Anaheim United Methodist Church FLAG SALUTE: Mayor Pro Tem Natalie Rubalcava PRESENTATIONS: Recognizing the 2022 Anaheim Mills Act Recipients Presented by Associate Planner Amanda Lauffer. Recognizing Paul Kott Realtors Inc. for their 41 years of business Accepted by Paul Kott, owner of Paul Kott Realtors, Inc. 3 May 2, 2023 ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing May 2023 as Mental Health Awareness Month Accepted by Benefits Manager Sara Girgis. Recognizing May 15 – 21, 2023, as Bike to Work Week Accepted by Management Assistant Vanessa Esparza. Recognizing May 7 – 13, 2023, as National Travel & Tourism Week Accepted by Pepe Avila, Visit Anaheim Vice President, Tourism & Partnership. Recognizing May 20, 2023, as Kids to Parks Day Accepted by Community Services Superintendent Nikki Sandusky. Recognizing May 22, 2023, as Harvey Milk Day ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass reported Item No. 08 was removed by staff and will be brought forward at a later date. PUBLIC COMMENTS (all agenda items): 36 speakers (in person). City Clerk Theresa Bass reported 40 public comments were received electronically prior to 6:00 P.M. (Total of 42 public comments were received via email). No public comments from the teleconference location. Public Comments Submitted – May 2, 2023 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 Kurtz reported her attendance at a performance by the Anaheim Ballet at Roosevelt Elementary School and thanked them for performing and educating the students on the importance of arts and sports. She thanked the Anaheim Transportation Network for sponsoring the Earth Day art contest at Betsy Ross Elementary School. She thanked Congressman Lou Correa for securing grant funds for Anaheim Public Utilities to begin construction on a Learning Center on Vermont Street. She congratulated the students who participated in races with constructed solar power cars and congratulated Mayor Aitken on her victory over Congressman Correa in the races. Council Member Diaz highlighted Sawali Grill, a Filipino restaurant located at 3414 West Ball Road. He reported the next Rebuild Beach community meeting will take place on Thursday, May 4th at 6:00 P.M. at the West Anaheim Youth Center. Council Member Faessel congratulated the Orange County Conservation Corps for opening their new Warehouse and Food Pantry located in District 5. He thanked his Council colleagues for attending the grand opening with him. He highlighted his attendance at the Anaheim Elementary School District’s Annual Music, Art & Creativity Festival at Pearson Park. He celebrated the Anaheim Public Mobile Library’s 65th anniversary at the Miraloma Family Resource Center and thanked the Public Library staff for organizing the event. He reported , pursuant to Assembly Bill 1234, he attended the Association of California Cities Orange County (ACC-OC) federal advocacy trip in Washington D.C., with Council Member Kurtz and noted meetings with the Department of Justice, the House Committee on Energy and Commerce, U.S. Chamber of Commerce House Transportation Majority Committee, various members of Congress, and Senator Alex Padilla. He mentioned his attendance at the Higher Ground Resource Fair at Lincoln Elementary School. He thanked Congressman Correa for securing $5 million in grant funding for the Orange County Sanitation District’s Super Critical Water Oxidation Program. 4 May 2, 2023 Mayor Pro Tem Rubalcava recognized community organization Green Bird for hosting a trash pickup in District 3 at Pearson Park. She mentioned her participation at Anaheim High School’s Rockets and Robots event, which provides exposure for students to explore STEM related fields. She attended Project SAY’s leadership meeting and highlighted a student’s request to reignite the Youth Commission. She noted a topic highlighted during the meeting was the importance of community involvement and reaching out to local legislators. She noted she and Council Member Kurtz visited the facility where items for the Anaheim Halloween Parade were stored and mentioned the City was searching for a new storage facility for the items. She highlighted Small Business Week by highlighting small businesses located on Center Street and encouraged residents to support local businesses. She reported the first District 3 Community Stakeholders meeting took place on April 20th and highlighted the feedback received by the community, district demographics, and results from the district survey. She mentioned the next community meeting will take place on June 2nd. She highlighted the local restaurant El Pollo Fino, their upcoming 30th anniversary in June, and a community event attended by former professional boxer Roberto Duran. She highlighted the Anaheim Transportation Network’s transportation programs and a coloring contest held at Betsy Ross Elementary School. She welcomed District 3’s newest resident, Noelle Miranda. She mentioned the Cinco de Mayo Festival beginning Thursday, May 3rd, and highlighted Felipe Guerena, a member of the founding family of the Cinco de Mayo Festival. She reported he passed away in January 2023 and acknowledged the hard work and commitment Mr. Guerena had for celebrating the Mexican culture and heritage in the City. Council Member Meeks recognized the 2022 Mills Act recipients and previous recipients for being a special part of City history. She highlighted her attendance at the Orange County Conservation Corps Food Pantry grand opening and highlighted their work assisting young individuals entering the workforce. She reported her attendance at the Library’s Mystery Luncheon fundraiser, a District 6 neighborhood meeting, and emphasized the importance of motion lighting to deter burglars. Council Member Leon highlighted the Children’s Day Fun Fair held at Barton Park on April 29th and thanked community partners for assisting with the event. He thanked his staff, District 2 commissioners, and highlighted Community Services Parks Manager JJ Jimenez for his assistance with organizing the event. He congratulated Gilbert High School for the opening of their new food pantry “El Mercadito,” in collaboration with Second Harvest Food Bank. He thanked Anaheim Public Utilities for providing him with tours of two groundwater treatment facilities and one power plant. He thanked the Anaheim Police Department Mounted Unit for visiting Stoddard Elementary School and encouraged his colleagues to stop by to visit. He noted a few items related to homelessness, including the clean-up of an area on La Palma Avenue and potential pilot programs with Union Pacific. He highlighted Amazing Cakes as the April Business of the Month, located off Magnolia Avenue and Crescent Avenue, and Exo Sushi as the April Restaurant of the Month. He recognized Asian American Pacific Islander Month and emphasized his support and appreciation for the Asian American Pacific Islander community. Mayor Aitken thanked Anaheim Public Utilities General Manager Dukku Lee for inviting her to an Earth Day Tree Planting ceremony at Benito Juarez Elementary School and assisting with the Anaheim Sustainability Center. She thanked Congressmember Lou Correa for securing grant funds for the center. She highlighted her attendance, along with her Council colleagues, at the Anaheim Police Department swearing-in ceremony for three new officers. She congratulated the officers and welcomed them to the City. She attended a tour of the Center of Hope permanent supportive housing facility with Speaker- Designate Robert Rivas and Assemblymembers Avelino Valencia and Sharon Quirk-Silva. She reported her attendance at the swearing-in ceremony for Federal Judge Fred Slaughter. She highlighted Magnolia High School’s Farm to Table dinner, which teaches students about sustainability, business plans, and how to overcome food deserts. She attended a tour of The Dwelling Place food pantry and highlighted the program, which acts as a free grocery store for the public. She expressed interest in bringing a similar program to other parts of the City. 5 May 2, 2023 CITY MANAGER’S UPDATE: City Manager Jim Vanderpool encouraged the public to visit FiestaUnited.org for more information on the Cinco de Mayo Festival. He mentioned the Anaheim Fire & Rescue (AF&R) Department will be implementing a plan to educate Anaheim youth on the dangers of opioid overdoses. Over the last month, AF&R has been working with the Anaheim Union High School District to equip and train all Anaheim high schools in the dangers of opioid overdoses. There have been two training sessions, coordinating training with over 30 school nurses and 70 school principals, and vice principals. He reported a third class will be held on May 5th to train all the school sports trainers and coaches. He noted the City has developed a plan to utilize funds received from an opioid settlement to equip “Opioid Overdose” boxes in each school and provide subsequent training on how to treat an overdose. He noted the City will continue to support the schools in the future with training scheduled for the fall in “assembly” style presentations to students and parents. City Manager Vanderpool reported Anaheim Public Utilities will be celebrating Water Awareness Month in May by encouraging residents and businesses to make water conservation a way of life. He encouraged residents to visit the City’s booth at the Downtown Anaheim Farmers Market on May 25th between 11:00 A.M. and 3:00 P.M. to learn about saving water, available rebates, and to watch a ‘pipe tapping’ demonstration. 5:00 P.M. - CITY COUNCIL 7:38 P.M. Items pulled for discussion: Mayor Aitken: Item No. 06 Council Member Kurtz: Item No. 09 MOTION: SF/NM Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 1. Receive and file minutes of the Library Board meeting of March 13, 2023. 2. Approve recognitions recognizing Chance Theater on their 14 awards received at the Orange County Theater Guild Awards, Theodore Roosevelt Elementary School’s Dedication Plaque Ceremony commemorating the school’s recent renovations, Mothers Against Drunk Driving of Southern California’s Power Talk 21 on their efforts to encourage parents to talk to their children about alcohol abuse, and Casey Ortiz on receiving a $50,000 Science, Technology, Engineering, and Mathematics (STEM) scholarship from Southern California Edison. 3. Approve the 2023 Biennial Modifications to the 2021-2024 Workforce Innovation and Opportunity Act Unified Local Plan, and Regional Plan (Orange Regional Planning Unit). 4. Accept the bids from Onsite Tire Services and Daniel’s Tire Service, in a combined amount of $75,678 plus applicable taxes, for as-needed roadside tire repair services for a one year period with four one-year optional renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9683. 6 May 2, 2023 5. Accept the bid from R&S Soil Products, Inc., in the amount of $62,100 plus applicable taxes, to provide landscape mulch for the Right of Way Division of the Public Works Department for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9675. 6. Approve an Agreement with the Anaheim Union High School District, in an amount not to exceed $50,000 annually, for use of District athletic fields at Trident Education Center, South Junior High School, and Sycamore Junior High School for a five year period; 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. Item No. 6 Discussion. MOTION: AA/SF ROLL CALL VOTE: 7-0. Motion carried. 7. Approve the Final Map for Tract No. 19177, located at 1442 North Dale Avenue, for an 18-unit, single-family residential townhome project with open space, private drive, and a recreation-leisure area [Bonanni Development Company V, LLC] 8. Approve a Right of Way Contract – State Highway Agreement and a Permanent Highway Easement Deed with the California Department of Transportation (Caltrans); authorize the City Clerk to release the Easement to Caltrans; and authorize the acceptance of a payment, in the amount of $11,400; and approve allocating a portion of the payment as reimbursement to Public Works for a right-of-way construction permit (Miraloma Way Cul-De-Sac). Item No. 8 Withdrawn by staff. 9. ORDINANCE NO. 6556 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM approving the Seventh Amended and Restated Franchise Agreement for the collection, handling, processing, recycling, transportation, and disposal of solid waste within the city limits of Anaheim for Republic Waste Services of Southern California, LLC, dba Anaheim Disposal (introduced at the City Council meeting of April 18, 2023, Public Hearing Item No. 31). Item No. 9 Discussion. MOTION: NM/NR ROLL CALL VOTE: 7-0. Motion carried. BUSINESS CALENDAR: 8:03 P.M. 10. Review and modify the decision of the previous City Council to immediately release the investigative report being prepared by JL Group, LLC to address concerns raised by the investigative team, be consistent with the terms of the parties’ contract, minimize the City’s exposure to liability for constitutional/privacy rights violations, and preserve applicable privileges; and appoint Scott Tiedemann of the firm Liebert Cassidy Whitmore as Special Counsel to advise the City concerning the JL Group investigation and report, and authorize Special Counsel to work with JL Group to prepare a report that can be publicly released without exposing the City to liability or violating rights or privileges. Item No. 10 Discussion. MOTION: NM/NK 5-1-1 (AYES: Mayor Aitken and Council Members Diaz, Leon, Kurtz, and Meeks; NOES: Mayor Pro Tem Rubalcava; ABSTAIN: Council Member Faessel). Motion carried. 11. Receive an informational report on current policy for homelessness services in the City and provide direction to staff, as necessary, regarding shelter offerings to unhoused people with Anaheim ties during inclement weather. (continued from the City Council meeting of April 18, 7 May 2, 2023 2023, Item No. 29). Item No. 11 Discussion. Informational item; direction provided to staff. 12. Discuss and provide direction to the City of Anaheim’s appointees regarding the Anaheim Union High School District Foundation’s proposal to restructure its board. Item No. 12 Discussion. Informational item. 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) COUNCIL COMMUNICATIONS: Council Member Leon congratulated Housing & Community Development Director Grace Stepter and her team for winning a Development of the Year Award for Finamore Place. Council Member Faessel mentioned the Anaheim Housing Authority closed escrow on the Tampico Motel property and thanked Director Stepter. COUNCIL AGENDA SETTING: Mayor Pro Tem Rubalcava requested an agenda item to review the Coyote Management Plan and consider any amendments to the plan. She requested recognitions for two District 3 businesses: El Pollo Fino on its 40th anniversary and Anaheim Fullerton Towing on its 65th anniversary. She requested an agenda item to consider an ordinance regarding a safety button for hotel workers. She reiterated the request from the April 18th Council meeting regarding a salary survey for the Chief of Police position. City Manager Vanderpool clarified the name of El Pollo Fino restaurant and requested approval to modify the hotel worker safety button item to work with Mayor Pro Tem Rubalcava on a concept to bring back to the City Council. Mayor Pro Tem Rubalcava requested clarification on the timeline for the initiative item that will be presented to the City Council at the May 16th meeting. City Clerk Theresa Bass reported the City received the certification of signatures from the Orange County Registrar of Voters, which will be presented to the City Council on May 16th. She noted the City Council can proceed with one of three options: adopting the ordinance unaltered, as presented by the proponents; presenting the initiative and ordinance to the voters at the next General Municipal Election or by special election; or request a fiscal impact report which pursuant to the Elections Code would need to be returned to the City Council within 30 days from the certification, with the June 13th City Council meeting falling within those 30 days. Mayor Pro Tem Rubalcava expressed concern regarding the 30-day timeframe for the fiscal impact report. She requested clarification on if the fiscal impact report would be prepared by a third party. City Attorney Fabela noted the item was not agendized and advised communication regarding the item could be discussed outside the meeting. Council Member Leon requested a recognition for National Gun Violence Awareness Day for the May 16th meeting or the first meeting in June. He also requested that City Hall and ARTIC be lit up orange for that day. 8 May 2, 2023 Council Member Faessel requested a recognition for District 5 business Reborn Cabinets Inc. ADJOURNMENT: 9:36 P.M. Next regular City Council meeting is scheduled for May 16, 2023. 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. 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 April 27, 2023, 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.