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09-12-23_Action with Comments ANAHEIM CITY COUNCIL ACTION AGENDA SEPTEMBER 12, 2023 CITY COUNCIL HOUSING AUTHORITY  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 September 12, 2023 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA SEPTEMBER 12, 2023 3:00 P.M. Call to order the Anaheim City Council. 3:02 P.M. MEMBERS PRESENT: Mayor Aitken and Council Members Diaz, Kurtz, Faessel, and Meeks. Council Member Leon arrived at 3:03 p.m. and Mayor Pro Tem Rubalcava joined during Closed Session. 3:00 P.M. - CLOSED SESSION ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Recess to closed session. 3:06 p.m. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) (1) of the California Government Code) Title: City Attorney 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Gretchen R. Beatty, Acting Human Resources Director Name of Employee Organizations: City Attorney 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Gretchen Beatty, Acting Human Resources Director Name of Employee Organizations: American Federation of State, County and Municipal Employees (AFSCME), Local 2002, General Management Unit; AFSCME, Local 2002, Professional/Technical Management Unit; and AFSCME, Local 2002, Confidential Unit 4. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Gretchen Beatty, Acting Human Resources Director Name of Employee Organization: International Brotherhood of Electrical Workers (IBEW), Local 47 Part-Time Customer Service Employees 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation – authorization to file amicus curiae brief pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case Reconvene the Anaheim City Council. 5:13 p.m. 3 September 12, 2023 5:00 P.M. MEMBERS PRESENT: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks. INVOCATION: Pastor Moi Navarro, Sandals Church FLAG SALUTE: Council Member Stephen Faessel ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing September 15 – October 15, 2023, as Hispanic Heritage Month Recognizing September 17- 23, 2023, as Constitution Week Call to order the Anaheim Housing Authority (in joint session with the City Council). 5:17 p.m. ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items, except public hearing): Twenty-one (21) speakers; City Clerk Theresa Bass reported three (3) general public comments were received electronically prior to 3:30 p.m. (Total of four (4) public comments received via email). Public Comments Submitted – September 12, 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 Leon shared that the Tech Scholar Program application process has opened for eligible college-bound Anaheim juniors and seniors. The scholarship will help empower students as they prepare for the next step of their education. They will be receiving either a laptop or tablet as well as free wireless internet access. The application is available at https://www.anaheim.net/6454/Tech-Scholar and will be open through September 29, 2023. He invited everyone to the Senior Appreciation Resource Fair at Modjeska Park on September 23rd from 9 a.m. to 1 p.m. Games, health screenings, COVID-19 vaccines, and flu vaccines will be available to the public. He noted that the City Manager’s Office will be working with Abrazar, Inc. for transportation services [Council Member Leon repeated his comments in Spanish]. He highlighted the Business Assistance Community Meeting in District 2 and thanked the Economic Development Department for bringing business owners from across District 2 together to speak about City resources, and to discuss issues like public safety and homelessness that are affecting some businesses to see how we can collaborate and work together. He thanked the Cozza Family at Mama Cozza’s as well as all the departments that were there for all their efforts. Lastly, he thanked Anaheim Fire and Rescue, Station 2, for the opportunity to attend the September 11th remembrance ceremony. He thanked Mark Lowry from Community Action Partnership of Orange County and all the volunteers who helped organize food boxes. Council Member Kurtz highlighted and shared photographs of La Casa Garcia a family-owned business in District 4. She also highlighted Del Taco located at Harbor Blvd. and Chapman Ave. and noted the restaurant was also a family-owned business in District 4. Del Taco was opened by Richard Thompson in 1977. She shared that Mr. Thompson recently passed away and requested that the meeting adjourn in his memory. Council Member Faessel requested adjourning the City Council meeting in memory of Maria T. Cao, mother of Father Bill Cao at St. Anthony Mary Claret. 4 September 12, 2023 Council Member Diaz announced the next District 1 and District 2 Neighborhood Services District Community Meeting will be on October 5, 2023 at 7 p.m. at the Brookhurst Community Center. He highlighted and shared photographs of iPHO, a new Vietnamese restaurant at 221 S. Magnolia Avenue. He stated that they serve authentic and affordable Vietnamese food. Council Member Diaz encouraged everyone to support local businesses. Mayor Aitken displayed photographs and thanked United Across Borders for their amazing work in the community and their donations of food boxes, diapers, and senior needs. She stated they are new in the community and thanked them for making an appointment and meeting with her. While at Sunbliss Café in Anaheim Hills, she ran into Officer Heffner and thanked him for all he does in the community. She invited everyone to visit Sunbliss Café, a family-owned business in District 6. Mayor Aitken was invited to the U.S. Conference of Mayors and thanked San Diego Mayor Todd Gloria for hosting the conference. She stated the conference panel discussions regarding what cities in California as well as across the nation are doing to address homelessness, mental health, and gun violence were informative. Mayor Aitken thanked the Governor’s Office and Chief Service Officer Josh Fryday for funding the California Youth Job Corp, a program which provides paid internships to young people working in the community to tackle local issues. They visited the Magnolia Agriscience Community Center, and they received a tour of the farm. They were welcomed by the Magnolia High School band and highlighted the experience. Several non-profits were also able to meet with Chief Service Officer Josh Fryday during a roundtable discussion to discuss some of the needs in Anaheim. Mayor Aitken was invited to attend the Patriot Day celebration at Nohl Canyon Elementary School. She highlighted seeing the students observe Patriot Day honoring veterans and first responders. CITY MANAGER’S UPDATE: City Manager Vanderpool noted City staff conducted a District 2 Business Assistance Community Meeting on August 30, 2023. Business stakeholders were provided an overview of business resources, an opportunity to meet various City departments that provide business services, and the opportunity to speak with District 2 Council Member Carlos Leon. He thanked all City departments who had booths and representatives at the meeting. Similar meetings will be held in all other City Council districts in the coming months. He encouraged the public to join the fun at the Anaheim Public Libraries and celebrate Hispanic Heritage Month. From September 15th to October 15th residents can enjoy special story times, cooking demonstrations, crafts, movies, games, and more. Visit the Library website at www.anaheim.net/hispanicheritage for more details. City Manager Vanderpool displayed a photograph and shared that in celebration of National Drive Electric Week, Anaheim Public Utilities will be hosting a Community Resource Fair and EV Test Drive on Saturday, September 23, 2023 from 10:00 a.m. to 1:00 p.m. at Imperial Elementary School. Residents are invited to test drive a variety of electric vehicles and learn about ways to save money on their utility bills, engage with City departments, and enjoy family-friendly activities. Please visit https://www.anaheim.net/6462/Community-Resource-Fair-EV-Test-Drive to get more information and to register for this free event. Recess the Anaheim City Council. 6:34 p.m. 5 September 12, 2023 5:00 P.M. - HOUSING AUTHORITY MOTION: SF/NK to approve the Consent Calendar as presented. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 1. RESOLUTION NO. AHA-2023-007 A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY authorizing the Executive Director to execute and administer licenses and right of entry agreements allowing for temporary beneficial use of real property assets until such time as these properties are ready for disposition or development [Anaheim Housing Authority Properties]. Item No. 01 Discussion. 2. Approve the minutes of the Housing Authority meeting of August 29, 2023. Adjourn the Anaheim Housing Authority. 6:37 p.m. Reconvene the Anaheim City Council. 6:37 p.m. 5:00 P.M. - CITY COUNCIL Item pulled for discussion: Council Member Kurtz: Item No. 5 MOTION: __NR/NM___ Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 3. Receive and file minutes of the Public Utilities Board meeting of July 26, 2023 and the Senior Citizen Commission meetings of July 15, 2021, September 16, 2021, November 18, 2021, January 20, 2022, March 17, 2022, and May 19, 2022. 4. Approve recognitions recognizing the 60th Anniversary of Cortina’s Italian Market and Eatery; Hope House for providing valuable mental health and addiction treatment services; Cambria Hotel employee Gerardo Cejas for his life saving efforts on July 10, 2023; Anaheim Artist William Camargo for being featured in a recent issue of The New Yorker magazine; City of Anaheim’s 2023 Employee VIPs; and recognizing September 2023 as National Suicide Prevention Awareness Month. 5. Accept the bids from Parkwood Landscape Maintenance, Inc. and Landscape West Management Services, Inc., in a combined amount of $1,028,520 plus a 15% contingency, to provide landscape maintenance services to the west and southwest area parks for a one year period, with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid# 9706. Item No. 05 Discussion. MOTION: NK/NR ROLL CALL VOTE: 7-0. Motion carried. 6 September 12, 2023 6. Accept the bid from Preferred Aerial & Crane Technology, Inc., in the amount of $29,890 plus a 20% contingency, to perform crane and hoist inspections and certifications on an as-needed basis 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 #9712. 7. Award the contract to the lowest responsible bidder, Industrial Pro Power Services, in the amount of $594,687, for the E.V. Charger Installation Project (2 Locations: 233 E. Center Street and 1150 N. Kraemer Boulevard); authorize and direct the Director of Public Works to execute the contract and related documents and to take the necessary actions implement and administer the contract; determine that the project is categorically exempt from the California Environmental Quality Act pursuant to Class 1, Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 8. Approve a License Agreement with Golf Fore Life Skills, dba The First Tee of Orange County, to provide educational programs at the Dad Miller Golf Course for a five year term, with five one-year optional renewals, which may be terminated at any time by either party by giving a 60-day written notice; and authorize the Director of Community Services, or designee, to execute the agreement and to take the necessary actions to implement and administer the agreement. 9. Approve agreement with Locality Media, Inc., dba First Due, in a total contract amount not to exceed $594,058 plus a not-to-exceed 10% contingency in the amount of $59,405, to provide a fire records management system for a term of three years, with two one-year optional renewals; and authorize the Fire Chief, or designee, to execute the agreement and future amendments to the agreement, subject to the Office of the City Attorney making non-substantive changes. BUSINESS CALENDAR: 6:41 p.m. 10. Discuss and provide direction to staff on (1) potential modifications to the lobbyist provisions of the Anaheim’s Sunshine Ordinance, and (2) the publication of Council and City Manager calendars. Item No. 10 Discussion. Informational item; direction provided to staff. 11. Receive a presentation on the Anaheim Community Foundation [Informational Item]. Item No. 11 Discussion. Informational item; no action taken. 7 September 12, 2023 5:30 P.M. PUBLIC HEARING: 8:42 p.m. 12. CEQA CATEGORICAL EXEMPTION, CLASS 1, CLASS 2, AND CLASS 3 DEVELOPMENT APPLICATION NO. 2021-00218 OWNER: Calvary Baptist Church of Anaheim, 2780 E. Wagner Avenue, Anaheim, CA 92806 APPLICANT: Enrique Diaz, Red Hook Capital Partners, LLC, 2120 E. Grand Avenue, Suite #135, El Segundo, CA 90245 PROJECT LOCATION: The approximately 1.93-acre property is located at 2780 E. Wagner Ave., at the intersection of Rio Vista Street. REQUEST: The applicant requests approval of a conditional use permit to establish an Educational Institutions-General use (public charter school) with up to 480 students between Transitional Kindergarten to 8th Grade at an existing church and pre-school site. The Project includes the remodel of existing buildings for classroom and school administration use, the construction of a new 5,633 square foot two-story classroom building, and various ancillary site modifications and landscaping improvements. ENVIRONMENTAL DETERMINATION: The City Council will consider whether the proposed action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); and Section 15303, Class 3 (New Construction or Conversion of Small Structures). ACTION TAKEN BY THE PLANNING COMMISSION: Approved a Conditional Use Permit to allow an Educational Institutions-General Use consisting of a Transitional Kindergarten through 8th Grade public charter school and making certain findings in connection therewith (PC2023-021) with a revision to Condition No. 31 regarding parking, circulation, and drop-off and pick-up operations. VOTE: 5-2 (Chairperson Kring and Commissioners Henninger, Lieberman, Walker, and Castro voted yes; Commissioners Tran-Martin and Perez voted no). (Planning Commission meeting of July 17, 2023) Appealed by: Cecilia Flores. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a conditional use permit to allow an Educational Institutions-General use consisting of a transitional kindergarten through 8th grade public charter school and making certain findings in connection therewith [includes determination the proposed action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); and Section 15303, Class 3 (New Construction or Conversion of Small Structures); Development Application No. 2021-00218; 2780 E. Wagner Avenue]. Public Hearing Item No. 12 At 8:44 p.m., Council Member Faessel recused himself due to a conflict of real property interest as his residence is between 500 and 1,000 feet of the subject property and left the dais. Discussion. Mayor Aitken opened the public hearing. 45 speakers, including the applicant/appellant and representatives. City Clerk Theresa Bass reported 20 comments were received electronically (Total of 23 public comments received via email). Public Comments Submitted – September 12, 2023 City Council Meeting 8 September 12, 2023 Mayor Aitken closed the public hearing. MOTION: NR/NK to approve Resolution No. 2023-079 denying a conditional use permit to allow an Educational Institutions-General use consisting of a transitional kindergarten through 8th grade public charter school and making certain findings in connection therewith. ROLL CALL VOTE: 5-1-1. (AYES: Mayor Aitken and Council Members Rubalcava, Leon, Kurtz, and Meeks; NOES: Council Member Diaz; ABSTAIN (recusal): Council Member Faessel). Motion carried. REPORT ON CLOSED SESSION ACTIONS: None Council Member Faessel returned to the dais at 12:13 a.m. PUBLIC COMMENTS (non-agenda items): None; Marc Herbert addressed the City Council after the Council Agenda Setting. (opened only if any remaining non-agenda speakers were not called to speak during the first Public Comment period) COUNCIL AGENDA SETTING: Mayor Pro Tem Rubalcava requested a Workers’ Compensation overview. Council Member Leon noted that the City Council received potential lobbying violations from one of the speakers. ADJOURNMENT: 12:20 a.m. in memory of Richard Thompson and Maria T. Cao. Next regular City Council meeting is scheduled for September 26, 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. 9 September 12, 2023 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 September 7, 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.