The URL can be used to link to this page

10/24/2023ANAHEIM CITY COUNCIL REGULAR MEETING OF OCTOBER 24, 2023 The regular meeting of October 24, 2023 was called to order at 4:00 p.m. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related material were duly posted on October 19, 2023, with a revised agenda subsequently posted on October 21, 2023. MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Jose Diaz, Carlos A. Leon, Norma Campos Kurtz, Stephen Faessel, and Natalie Meeks. Mayor Pro Tern Natalie Rubalcava joined during Closed Session. STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 4:01 p.m., Mayor Aitken recessed to Closed Session for consideration of the following: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Orange County Water District, et al. v. 3M Company, et al., Orange County Superior Court Case No. 30-2020-01172419-CU-PL-CXC, consolidated with In re Aqueous Film -Forming Foams Prods. Liab. Litig., United States District Court for the District of South Carolina Case No. 2:18-mn-02873 ("AFFF MDL"), Member Case No. 2:22-cv-1798-RMG At 5:02 p.m., Mayor Aitken reconvened the Anaheim City Council. MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Norma Campos Kurtz, Stephen Faessel, and Natalie Meeks. INVOCATION: Pastor Gregory Tucker, Hope Community Church/Anaheim Bag of Hope Project FLAG SALUTE: Council Member Carlos A. Leon In recognition of Breast Cancer Awareness Month, Council Member Leon acknowledged those who are still fighting the disease, their families, as well as all healthcare workers for all their work assisting families through the difficult times. PRESENTATIONS: Recognizing the legacy of lifelong Anaheim resident Cruz Pinelli Mayor Aitken recognized the vibrant legacy of lifelong Anaheim resident Cruz Pinelli. She was raised in a happy home with six sisters and two brothers, whom she loved very much. Ms. Pinelli adored music and learned the piano at a young age, eventually becoming an organist at a local church. She attended Anaheim High School and worked at Disneyland not long after it opened. Ms. Pinelli also City Council Minutes of October 24, 2023 Page 2 of 28 worked at Classic Anaheim landmarks, such as the Anaheim Packing House. She married Arthur Pinelli in 1947 and raised four daughters. Her seven grandchildren were a great source of pride for her. On March 8, 2023, after a brief illness, she passed peacefully at home surrounded by family. She will be remembered for her sharp memory, her contagious smile, and her unceasing resilience. She leaves behind a legacy of strength and faith that touched all who knew her. Anaheim Fall Festival and Halloween Parade Committee Presentation Jody Daily provided details and historical context to Anaheim's century -old Halloween celebrations. He highlighted that over 100 years ago, an elaborate Halloween carnival and festival was staged by the Downtown Merchants Association to bring together Anaheim's 11,000 residents for the purpose of fostering community pride. Its success led them to hold another festival the following year, which included a nighttime Halloween parade. He mentioned the parade's first Grand Marshal was Babe Ruth which began the tradition of an annual Grand Marshal. As the festival and parade grew in popularity each year, new, uniquely Anaheim ways of celebrating Halloween were added. As agriculture gave way to tourism, the City boundaries expanded and the historic downtown began to spiral as longtime residents sold their land for subdivisions. Due to a few dedicated residents a new nonprofit, the renamed Anaheim Fall Festival and Halloween Parade, was created. This year, the entity is honored to name Sally Feldhaus as the Hometown Hero in the parade for her active role in sustaining the event. Today, generous donations, support from the City, and an ever-growing community of dedicated volunteers contribute to the festival and parade's success. The Committee looks forward to welcoming everyone to the 100th annual Fall Festival and 99th annual Anaheim Halloween Parade, on Saturday, October 281h along Center Street Promenade, Mayor Aitken thanked Mr. Daily and the Committee for their hard work and dedication to the festival and parade. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing October 8-14, 2023, as Code Enforcement Officer Appreciation Week Director of Planning and Building Ted White thanked the City Council for the opportunity to acknowledge and recognize the extraordinary group of staff members and stated his distinct honor to work with the men and women of Code Enforcement and to see their professionalism and dedication to the community on a daily basis. Code Enforcement Officers perform an essential, yet sometimes thankless role for the city. He highlighted the staffs duties including responding to various code enforcement incidents within the City including an unpermitted garage conversion, coordinating graffiti removal, documenting water quality violations, encouraging the repainting of a commercial building, collaborating on a homeless encampment clean up, educating a small business owner, tracking coyote activities, monitoring an illegal business, licensing a taxicab, confiscating street vending equipment, inspecting a short term rental, or assisting an elderly homeowner by putting away their trash cans. He highlighted the Officer's respect, patience, humility and kindness for the thousands of residents and businesses that they serve. He invited the representatives of Code Enforcement in attendance to stand and be recognized for their efforts in serving the community. City Council Minutes of October 24, 2023 Page 3 of 28 Recognizing October 22-28, 2023, as National Childhood Lead Poisoning Prevention Week Supervising Environmental Health Specialist, Orange County Health Care Agency, Jenafer Forester thanked the City Council for the proclamation in honor of National Childhood Lead Poisoning Prevention Week. Lead Poisoning is an important public health issue as it may cause long-term, lifelong health effects including learning and behavioral problems for children. There is no safe level of lead, and many children do not look or act sick when they are lead -poisoned. She reported a simple blood test is critical to early intervention. Childhood Lead Poisoning Prevention Week is an opportunity to remind families to focus on prevention year-round by avoiding lead exposure from sources such as chipped and peeling paint in older homes, imported toys, jewelry, pottery and candies and traditional folk remedies. She noted this year's theme is awareness to community sources of potential lead air poisoning including construction dust from older buildings, industrial sites that may include battery recycling, welding, solder manufacturing, pigment and glassmaking and shooting ranges and most ammunition. She provided details regarding the Lead Hazard Reduction Program in Orange County which seeks to provide lead hazard control and remediation to underserved families and homes built before 1978. They expect to serve 50 homes between May 2023 and May 2025. She noted the program will improve capacities at healthcare clinics, local housing agencies, and community -based organizations in addressing lead poisoning and prevention issues. Recognizing November 1, 2023 as Extra Mile Day At 5:21 p.m., Mayor Aitken called to order the Anaheim Housing Authority (in joint session with the City Council). ADDITIONS/DELETIONS TO THE AGENDAS: City Clerk Theresa Bass announced that Item No. 6 was withdrawn from the agenda by the petitioner, Red Hook Capital Partners, LLC. In addition, City Clerk Bass noted that on Friday, October 20, 2023 the City Clerk's Office received the results of the Certificate of Canvass with respect to the Special Election held on October 3, 2023. The resolution reciting and declaring the results of the Special Election was added to the agenda as Item No. 25. The amended agenda was posted 72 hours prior to the meeting, in compliance with Brown Act posting requirements, and was distributed to the City Council. PUBLIC COMMENTS (all agenda items. except public hearing): Prior to receipt of public comments, City Clerk Theresa Bass provided an outline of procedures for public comments, notice of translation services, and a brief decorum. City Clerk Bass reported that a total of six (6) public comments were received electronically prior to 3:30 p.m. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of six (6) public comments were received electronically, distributed to the City Council, and made part of the official records). — See Appendix. Mark Richard Daniels highlighted the importance of senior programs and expressed support for Housing Authority Agenda Item No. 2. He commented on Item Nos. 19 through 21 citing the need to address lobbyist reforms and registration. He requested additional enforcement to ensure lobbyist registration compliance and a hotline for reporting misconduct. City Council Minutes of October 24, 2023 Page 4 of 28 Jeanine Robbins commented on Item No. 22 expressing concerns related to the recent corruption report and allegations against the current City Manager. She requested transparency and accountability from City officials to ensure public trust and stricter reforms to prevent future corruption. She expressed concerns with the City Manager's signing authority and suggested it should be lowered. Mike Robbins expressed support for a Housing Trust and the need for affordable housing. He requested accountability on the Housing Trust, advocacy, and partnership. Paul Hyek expressed interest in the vacant Housing and Community Development Commission position referenced in Item No. 24. Boris Gresely commented on Item No. 23 expressing support for the adoption of the ordinance and for enhancing transparency within the construction industry and safeguarding the rights of workers. Adam Wood with the Building Industry Association commented on Item No. 23 expressing concerns regarding the technical language included in the proposed ordinance and referenced a letter submitted by the Building Industry Association. He requested additional clarity on the "pending violations" language included in the ordinance. He requested additional consideration for the ordinance and included penalties for building permits to be included during the business license process. John Hanna with the Southwest Mountain States Council of Carpenters commented on Item No. 23 expressing support for the ordinance as presented and noted he met with the City Manager and applicable City staff concerning the proposed ordinance. He added the ordinance allows residents and contractors to understand who is conducting business. He highlighted the ordinance's intent to address transparency and addressed concerns referenced in previous comments. Cecil Jordan Corkern expressed concerns regarding international politics and requested assistance with housing grant funding. Mazatl Tepehyolotzin requested the removal of the Colonist mascot and name at Anaheim High School and other imagery that are sources of discrimination against indigenous peoples. He provided a prayer for an individual who tragically lost their life. Bobby McDonald announced several upcoming community events supporting veterans. He noted on November 101h there will be a steak night at the VFW and a Veterans Day program on November 11 t'. Marc Herbert expressed concerns with the length of Council Communications, lack of updates concerning the new Fire station, and any updates on an alleged lobbyist violation. He commented on the City Manager and alleged misconduct. Bryan Kaye reported an alleged rodent infestation incident in a neighboring resident's home. He provided assistance to the resident and resolved the issue. He added when residents address the City Council with concerns they request assistance. Matthew Duncan expressed concern regarding allegations the City is trapping and killing coyotes. City Council Minutes of October 24, 2023 Page 5 of 28 Kenneth Batiste expressed support for reforms that will prevent future corruption in the City. He addressed the current homeless situation. He recalled the City's current financial situation and requested the City Council do better to address the issues. COUNCIL COMMUNICATIONS: Council Member Faessel requested adjourning the City Council meeting in memory of longtime resident Dr. Howard Knohl. He displayed photographs of events he recently attended including the grand opening of the LA International Fencing Center OC, Strategic Plan outreach event at the Sunkist Library, District 5 community meeting at First Methodist Church, and a tour of Diamond Valley Lake in his capacity as Director of the Metropolitan Water District. He noted that Diamond Valley Lake is the largest water reservoir in Southern California. On November 2, 2023, the Tampico Motel wall - breaking ceremony will be taking place and he invited District 5 residents to the event. Through a $5.5 million grant, the City will be converting the motel into affordable housing. Council Member Leon invited residents to upcoming events in the City of Anaheim including, Veterans Day at La Casa Garcia for free lunch on November 91h from 10 a.m. to 2 p.m. and the We Give Thanks event at the Honda Center for a free Thanksgiving Dinner on November 23rd. He thanked everyone who attended the Trunk -or -Treat event on October 20th as well as the West Anaheim Police Team for their Pumpkin Painting with Police event. Council Member Leon shared that he was hoping to see everyone at this year's Fall Festival and Parade. He wished everyone a safe and fun Halloween. Council Member Kurtz invited everyone to the Strategic Plan event at the Anaheim Marketplace on November 4th at 4:00 p.m. She encouraged senior residents to attend and provide input. She highlighted and shared photographs of Orange Grove Elementary. The Principal is Dr. Marroquin. Orange Grove Elementary has 605 students and they are a Spanish language immersion program. They are very proud of their new playground equipment and their pumpkin garden. Council Member Diaz highlighted and shared photographs of Estrada's Grill located at 2601 W. Lincoln Avenue. He stated this is a Latino -owned business and he encouraged everyone to support small businesses in the community. The customer service is impressive and they serve breakfast, lunch and dinner. Council Member Meeks noted the public can provide input on the Strategic Plan through a questionnaire available online on the City website. She encouraged the public to visit the City's website to participate. She visited the LA International Fencing Center OC and noted that two Olympic Champions were at the ribbon cutting ceremony working with the kids. They have a wonderful group of coaches as well as youth and adult lessons. Mayor Pro Tern Rubalcava thanked all the commenters who came out to provide public comment and for being part of the democratic process. She recognized Council Services Coordinator, Lauren Torres who is leaving the City of Anaheim. She expressed anticipation over the future Class and Compensation Study to boost employee retention. Mayor Aitken displayed photographs of events she recently attended including a pumpkin giveaway in collaboration with Northgate Market, West Coast Arborists, Paul Kott Realtors, and ocV!BE, She thanked everyone who made the event possible. She wished the Anaheim Ducks' Mascot, Wild Wing a happy 30th birthday. Along with Council Members Diaz, Leon, and Faessel, they welcomed the City of Mito, Japan Mayor Yasushi Takahashi and a delegation of officials and community members. She thanked her husband who gave an amazing toast in Japanese to the delegation. Mayor Aitken attended the Commercial Real Estate Women Orange County event highlighting the work of the City Council Minutes of October 24, 2023 Page 6 of 28 women in what is traditionally a male -dominated industry. She congratulated all the SPIRE award winners. CITY MANAGER'S UPDATE: City Manager Jim Vanderpool announced that in regards to the City's Strategic Plan project, the survey is located on the City's website at htt;:s://www.anaheim.net/6465/Strate=�aic-Plan. The City's Community Services Department will be hosting the 7th annual "Dia de Los Muertos — A Night of Community and Culture" event on Friday, November 31 from 5:00-9:30 p.m. at the Pearson Park Amphitheatre. In collaboration with the Anaheim Community Foundation, the Samueli Foundation, CalOptima, and Anaheim school districts, this event is hosted annually as a fundraiser for Project S.A.Y. Youth Development Program and brings together youth and families through the creation of colorful altars that are built and displayed to honor the memory of friends and family that have passed on. Anaheim youth will be performing on the theater stage along with live mariachi, craft activities for the kids and food trucks for all in attendance to enjoy. He invited everyone to visit Founders' Park on Saturday, November 41h from 9:00 a.m. to 3:00 p.m. to celebrate the Native Arts Festival with Anaheim Public Library. A part of the "Anaheim Reads" literary festival, this one -day celebration of Native art will feature Tongva artists and creators and will have something for the whole family. The public can pick up a copy of There, There by Tommy Orange from a local Anaheim Public Library branch to join along. Item No. 10 on the City Council agenda is to award a construction contract to Towo Enterprise, Inc. for approximately $1.2 million for the removal and replacement of damaged concrete at over 400 locations Citywide. This project is one of many made possible by the Council's vision to improve neighborhoods, parks, and facilities. As part of this year's budget, the City Council allocated an additional $2 million to the Public Works Department budget to enhance the existing concrete rehabilitation program. Sidewalks, walkways, and access ramps are vital components to improve pedestrian mobility. This is the second year of a five year commitment from the City Council to provide additional funding to repair damaged concrete across the entire City. At 6:21 p.m., Mayor Aitken recessed the Anaheim City Council to address the Anaheim Housing Authority agenda and reconvened at 6:52 p.m. CONSENT CALENDAR: At 6:52 p.m., the Consent Calendar was considered with Council Member Kurtz pulling Item No. 07, Council Member Diaz pulling Item No. 14, and Council Member Meeks pulling Item No. 15 for separate consideration. MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each City Council Member, seconded by Council Member Leon. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES — 0. Motion carried. B105 4. Receive and file minutes of the Library Board meeting of September 11, 2023. 5. Approve recognition recognizing Disney VoluntEARS for their hours of service and dedication D116 to the Anaheim community. City Council Minutes of October 24, 2023 Page 7 of 28 C220 6. Deny the request for a rehearing of the City Council's decision, on September 12, 2023, denying on appeal a Conditional Use Permit to permit a charter school with up to 480 students ranging from Transitional Kindergarten to 8th Grade at an existing church and pre-school site [Development Application No. 2021-00218; 2780 East Wagner Avenue]. Item No. 06 was withdrawn by the petitioner. D180 8. Accept the bid from Landscape West Management Services, Inc., in an amount of $684,960 plus a 20% contingency, to provide landscape maintenance services covering west -center and west areas of the City for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9719. D180 9• Accept the bids from Veterans Communication Services, Inc., All -Pro Communication Technologies, Inc., and Radonich Corp DBA Cal Coast Telecom, in a combined amount not to exceed $275,000, to provide citywide data, telephone & fiber optic cabling services 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 #9718. 10. Award the construction contract to the lowest responsible bidder, Towo Enterprise, Inc., in an AGR-14398 amount of $1,194,550, for the Concrete Facilities Removal and Replacement - Citywide Phase 10 Project; authorize the Director of Public Works to execute the contract and related documents and to take the necessary or advisable actions to implement and administer the contract; determine that the project is categorically exempt from the California Environmental Quality Act pursuant to Sections 15301, Class 1 and 15302, Class 2 of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 11. Approve the Orangethorpe Avenue (Placentia Avenue to Kraemer Boulevard) Cooperative AGR-14399 Agreement with the City of Placentia, in an amount not to exceed $200,000, for the construction and administration of the Orangethorpe Avenue Rehabilitation from Community Drive to Kraemer Boulevard within the City of Anaheim, authorize the Director of Public Works, or designee, to execute the Agreement and related documents and to take the necessary actions to implement and administer the agreement. 12. Approve the Final Map and Subdivision Agreement of Tract No. 19170 with KB Homes AGR-14400 Coastal, Inc., located at 1075-1085 N. Harbor Boulevard and 523 W. Victor Avenue for a one - lot subdivision for condominium purposes to construct a 31-unit single-family residential project with recreational open space and common areas, private drive, and a dog park. 13. Approve a Software Services Agreement with SwiftComply, Inc., with an annual subscription AGR-14401 cost of $25,000, a 5% annual escalator for user licenses and ancillary support and maintenance, a 10% contingency for needed, unforeseen extra services all in an annual amount not to exceed $45,000 for initial system implementation and ongoing, as -needed professional software engineering services to upgrade Anaheim's water protection compliance systems for a one year term with automatic annual renewals; and authorize the Public Utilities General Manager, or designees, to execute and deliver the Agreement and related documents, including any work orders or order forms as referenced in the Agreement; to update the Agreement's Exhibit A (Scope of Services); and to take the necessary actions to implement, fund, and administer the Agreement. City Council Minutes of October 24, 2023 Page 8 of 28 D160 16. RESOLUTION NO. 2023-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2023 Enhanced Collaborative Model (ECM) Task Force to Combat Human Trafficking Grant, authorizing the Chief of Police, or his designees, to execute all required agreements and grant documents, and amending the budget for the Fiscal Year 2023-24 accordingly [grant award in the amount of $750,000]. D155 17. RESOLUTION NO. 2023-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the filing of a U.S. Department of Housing and Urban Development (HUD) pathways to removing obstacles to housing (PRO Housing) grant application for approximately $6,994,659 million for the creation of an affordable housing trust fund and city livability lab; authorizing the Director of Housing and Community Development, or her designee, to receive and administer grant funding and act as the agent of the City on all matters concerning the PRO Housing Grant Program. Increase the Housing and Community Development Department's Fiscal Year's 2023/2024 revenue and expenditures budget accordingly if the grant application is approved (related to Housing Authority Agenda Item No. 2). 18. RESOLUTION NO. 2023-097 A RESOLUTION OF THE CITY COUNCIL OF THE T107 CITY OF ANAHEIM forming Underground District No. 71 (Olive/Vermont) and determining said action is exempt from the California Environmental Quality Act pursuant to Sections 15301(b), 15302(c), 15302(d), and 15303 of Title 14 of the California Code of Regulations. BUSINESS CALENDAR: D155 7. Accept funding from the State of California and increase the Community Services Department's Fiscal Year 2023/24 budget by $1,500,000 in support of the Anaheim Mobile Family Resource Center Program. DISCUSSION: Council Member Kurtz publicly thanked former Anaheim Council Member and current Assembly Member Avelino Valencia for securing the $1.5 million grant to be used for the Anaheim Mobile Family Resource Center program. MOTION: Mayor Pro Tern Rubalcava moved to accept funding from the State of California and increase the Community Services Department's Fiscal Year 2023/24 budget by $1,500,000 in support of the Anaheim Mobile Family Resource Center Program, seconded by Council Member Kurtz. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES — 0. Motion carried. 14. Approve a Memorandum of Understanding (MOU) with the Superior Court of California, AGR-14402 County of Orange for participation in the Firearm Relinquishment Grant Program with term beginning July 1, 2023 through June 30, 2025; authorize the Chief of Police, or designee, to execute the MOU, all grant agreements, and required documents and to take the necessary actions to implement such grant agreements and required documents, and increase the Police Department's Fiscal Year 2023/24 revenue and expenditure appropriations by $489,473. DISCUSSION: Council Member Diaz stated that the Bill of Rights particularly the Second Amendment is protected and there is a requirement to enforce court orders. In response to Council Member Diaz, City Council Minutes of October 24, 2023 Page 9 of 28 City Attorney Fabela confirmed the actions are part of the enforcement of the program and all individual rights are considered when court orders are issued. Mayor Pro Tern Rubalcava requested a staff report on the item. Chief of Police Rick P. Armendariz reported the item is approval of a Memorandum of Understanding between the Superior Court of California Orange County and the City of Anaheim. The MOU is for a two-year pilot program specifically looking at collaborating with the courts and assisting them in assuring individuals prohibited from carrying a firearm or possessing a firearm are safely removed. Chief Armendariz noted that primarily through education, prevention, and awareness, the program provides avenues for individuals to surrender those firearms in a safe manner. DISCUSSION: Mayor Pro Tern Rubalcava appreciated the Police Department's efforts and stated that it would ensure safety in the community, law enforcement, and victims of crimes. MOTION: Council Member Diaz moved to approve a Memorandum of Understanding (MOU) with the Superior Court of California, County of Orange for participation in the Firearm Relinquishment Grant Program with term beginning July 1, 2023 through June 30, 2025; authorize the Chief of Police, or designee, to execute the MOU, all grant agreements, and required documents and to take the necessary actions to implement such grant agreements and required documents, and increase the Police Department's Fiscal Year 2023/24 revenue and expenditure appropriations by $489,473, seconded by Council Member Kurtz. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES — 0. Motion carried. 15. RESOLUTION NO. 2023-094 A RESOLUTION OF THE CITY COUNCIL OF THE AGR-14408 CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2023 Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant Program, authorizing the Chief of Police or his designee to execute all required grant documents, and increasing the budget for Fiscal Year 2023-24 accordingly [grant award in the amount of $6,104,863]. DISCUSSION: Council Member Meeks inquired why the City would be relying on overtime when it is a multi -year grant and staffing will be increased. She requested clarification as to what efforts are being made by the State to address the systemic cause of retail theft and not changing the laws to make some of the stated crimes felonies. Chief Armendariz stated the grant will bring in three additional full-time officers. He reported in addition to the three officers focusing on organized retail theft, a crime analyst will be included. In addition to the staffing, staff will look at enhancing equipment, including technology with cameras, license plate readers, and working with retail stores on education and loss prevention. The grant funds will be utilized for the proposed equipment, technology, and educational components. Chief Armendariz stated that legislation is being proposed, however, the California Police Officers Association or the California Police Chiefs Association addresses legislation related to law enforcement issues. DISCUSSION: Council Member Meeks expressed support for any efforts to address the issue. Mayor Aitken expressed support for addressing the root causes of retail theft. Council Member Faessel expressed support for the item and provided personal anecdotes from his 50-year retail career. He expressed appreciation to staff for addressing national retailers and small businesses. City Council Minutes of October 24, 2023 Page 10 of 28 Mayor Pro Tern Rubalcava inquired if additional education would be provided for dispatchers and if educational components would be included to encourage members of the community to report crimes. Chief of Police Armendariz responded a large part of the grant is geared toward education, including the City's internal staff, monthly meetings with retail businesses, and law enforcement partners. He added collaboration will include intelligence sharing, intervention, and prevention. In response to Mayor Pro Tern Rubalcava, Chief Armendariz clarified during the holiday season the Police Department provides extra patrol at shopping centers. He noted the importance of allocating extra overtime funds for the holiday season and addressing any future issues discovered during the program. In response to Mayor Pro Tern Rubalcava's concern regarding retail theft among businesses on Anaheim Boulevard, Chief Armendariz explained the Department's goal is to prevent retail theft through the high visibility of officers, additional cameras, or any visual deterrent. Mayor Pro Tern Rubalcava expressed support for the program and recognized the Police Department staff for securing grant funds in addition to the funds allocated in the adopted budget. In response to Council Member Leon, Chief Armendariz confirmed the current staffing level of 430 sworn officers, noting the action will allow the hiring of three additional officers. Council Member Diaz expressed concerns with the ongoing negative impacts of Propositions 47 and 57 and expressed support to the Police Department for their efforts with regard to this item. Mayor Aitken requested that the City Council be updated on any proposed legislation related to retail theft matters. MOTION: Council Member Meeks moved to approve RESOLUTION NO. 2023-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2023 Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant Program, authorizing the Chief of Police or his designee to execute all required grant documents, and increasing the budget for Fiscal Year 2023-24 accordingly [grant award in the amount of $6,104,863], seconded by Council Member Leon. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES — 0. Motion carried. Mayor Aitken requested to take the agenda out of order. With no objection from the City Council, Item No. 23 was considered out of order. M142 23. ORDINANCE NO. 6562 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 3.04 of Title 3 of the Anaheim Municipal Code and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility it will have a significant effect on the environment and it is not a project pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378 [amendment to require subcontractors to disclose recent labor code violations when obtaining a business license]. Director of Planning and Building Ted White reported currently, when a contractor applies for a building permit, prior to final building and zoning inspections, they are required to submit a subcontractors list to the City. The main purpose of the ordinance would require the subcontractor's City Council Minutes of October 24, 2023 Page 11 of 28 list to be submitted prior to the issuance of a building permit. He noted the requirement would only apply to construction projects that are over 20,000 square feet if commercial, or more than 20 units if residential. A column would be included on the subcontractor's list that would require subcontractors to disclose pending or confirmed labor code violations. The City would not provide any further oversight, the ordinance only requires the disclosure of the pending or confirmed labor code violations. There are penalty provisions that are associated with providing incorrect information or not providing that information to the City. DISCUSSION: Mayor Aitken explained, based on her previous experience with the Orange County Fair Board, she recognized the potential impacts of subcontractors operating with violations. She emphasized the ordinance would allow the City to address who is working at the beginning of the project as opposed to the end, and that they are working in compliance with applicable laws. She expressed support for the proposed policy. Council Member Meeks noted for City projects, the City conducts a check on subcontractors on the State's website. She expressed concern that staff may be inserting themselves into a process where it may not be applicable and that the information is readily available on the State website. Director White responded that staff would not insert itself into the State's process, however, subject to penalty of perjury, the disclosure would be incumbent on the contractors to update lists of subcontractors as needed throughout a project. Staff would provide enforcement if there was misrepresentation or incorrect information provided or complaints. He added staff can review the State website, however, the intent is not to create a large burden on staff. He noted additional staff time will increase to accommodate contractors who will need to return multiple times throughout the project to update their lists. Council Member Meeks expressed concern that this would create a budgetary impact on staff due to the time required to monitor and inquired if the subcontractor information could be updated electronically. Director White responded staff is exploring online opportunities for filing the subcontractor's lists, however, staff time would still be required to verify the information. In response to Council Member Meeks, Director White responded the City Council could remove "pending" violations from the proposed ordinance. Council Member Kurtz requested confirmation from public speaker John Hanna if the issue was being addressed. In response, Mr. Hanna stated the "pending" language could be removed. Director White clarified that the City Council could direct City staff to make such a correction, which could be done as part of the first reading. Mayor Aitken requested Mr. Hanna provide clarification concerning changing the word "pending" to "enforcement actions" and its importance. Mr. Hanna responded that enforcement actions are more significant and this is for the protection of the general contractor. The Southwest Mountain States Council of Carpenters would not object to the change if the City Council would prefer to remove the "pending" language. The organization may return in the event the "pending" violations become an issue. He emphasized the importance of the policy is raising awareness to the general contractors, staff, and general public on any violations. City Council Minutes of October 24, 2023 Page 12 of 28 In response to Council Member Kurtz, Director White stated the language related to revoking building permits is directly from the building code, this ordinance would not increase or decrease the ability of the Building Official to suspend or revoke a building permit. If there were a violation of the ordinance, staff begins with a courtesy notice of a municipal code violation, followed by a notice of violation. If compliance is not gained, then they would move to a civil notice of violation and move through the graduated violation enforcement process. Council Member Faessel expressed support for the ordinance as a protection for developers. Mayor Pro Tern Rubalcava expressed support for the ordinance to increase transparency and her support for due process, however, she expressed concern with the "pending" language. She would be more supportive if the "pending" language was removed and if the process for reporting was online and streamlined. In response to Council Member Diaz, Director White explained the intent of the ordinance is to promote the value of fair labor and business practices in the City. He added the ordinance was initiated by the Carpenter's Council through the City Council and not by staff. Council Member Diaz expressed concerns that the ordinance was not a result of City staff, but from an external entity via the City Council and that "pending" violations are not actual violations, which does not align with due process. Council Member Leon confirmed with Director White that the City currently is not involved with matters relegated to the State Contractor's Licensing Board. He clarified the request to remove the "pending" language from the ordinance and expressed support for transparency to keep contractors and subcontractors honest when working in the City. Council Member Meeks expressed support for removing the "pending" language and expressed concern with overburdening staff with enforcing accuracy. She understands the requirement for the contractor, but it appears the general contractor must consistently monitor and update the violations of any subcontractors. Director White responded that staff is trying to minimize the impacts on staff and the contractors by keeping the form on file for the duration of the project, however, the ordinance does require an additional step to update the logs when subcontractors change. Council Member Meeks expressed concern about the burden on contractors to monitor potential violations and update the City. In response to Council Member Meeks, Mr. Hanna stated the burden is on the subcontractor to provide accurate information to the general contractor and emphasized staff will not monitor the violations. He noted reporting is based upon the general contractor's knowledge, adding they have 72 hours to report any violations after the fact. He clarified the City would only become involved if it was clear the information was not forthcoming. The purpose of the ordinance is not punitive, but rather to require disclosures. Council Member Meeks restated she does not want to burden the general contractor and emphasized the information is available to the public on the State website. In response to Council Member Meeks, Mr. Hanna cautioned against depending on the State for the information and added the information should be complemented by local knowledge. He provided additional information related to protections for general contractors and cited another policy at another agency. City Council Minutes of October 24, 2023 Page 13 of 28 City Attorney Fabela cautioned that the City Council Members have not raised a point of order and the time and place for public comment on this item and the discussion has passed the point of merely responding to a question from the City Council. Mayor Aitken requested clarification concerning the language differences between "pending" violations" and "enforcement actions." Director White expressed enforcement concerns because the City is unfamiliar with the State Contractor Licensing Board's operations or their "enforcement actions." He recommended the language read, "Shall disclose any final determinations pertaining to state and federal labor code violations." In response to Mayor Aitken, public commenter Boris Gresley explained the reasoning for enforcement actions is because that is how the Labor Commission defines it. He added The Labor Commission issues citations against subcontractors and contractors which is considered an enforcement action. The proposed language is to ensure when the City states final determination it might not encompass citations that are being issued by the Labor Commission's Office. He explained the proposed language encompasses ongoing enforcement and final determinations. Mayor Pro Tern Rubalcava stated she did not recall seeing provisions that held the subcontractor responsible. She agreed with Council Member Meeks regarding contractors reporting violations and inquired if there were penalties associated with future violations conflicting with the initial report. She would prefer language that requires subcontractors to report the violation to the City or at least to the general contractor. Director White responded the interpretation of the ordinance would require a subcontractor to report violations, however, declared it is the responsibility of the contractor to report violations. He explained the language as it reads states at any time between permit issuance and final inspection, if a change occurs in any information submitted to the City, contractors shall submit updated information to the City within 72 hours. He added if there were a change in information where a subcontractor violated labor codes, that would be considered a change in the information submitted, however, reporting would fall on the responsibility of the contractor. City Attorney Fabela clarified that it is within 72 hours of the contractor's knowledge of any sort of change. He added if the contractor had knowledge of the violation, there is no obligation in this ordinance for the subcontractor to contact them. Mayor Pro Tern Rubalcava requested including language requiring the subcontractor to notify the general contractor within 72 hours of receiving notification of a violation. City Attorney Fabela confirmed that specific language could be included in the proposed ordinance. Mayor Pro Tern Rubalcava expressed support including the notification provision and removing the "pending" violations language, as she supports due process. Council Member Diaz stated he was not in support of the proposed ordinance, as the City is venturing into regulation of private enterprise which is already regulated by the State. MOTION: Mayor Aitken moved to introduce the ordinance and direct staff to amend the ordinance to require subcontractors to disclose to a contractor any determinations pertaining to state or federal labor code violations within 72 hours, seconded by Mayor Pro Tern Rubalcava. City Council Minutes of October 24, 2023 Page 14 of 28 DISCUSSION: City Attorney Fabela advised that if language is included related to subcontractors, additional time will be required to include the additional language. He recommended continuing the item to the following City Council meeting for a second first reading. In response to Mayor Pro Tern Rubalcava, City Attorney Fabela confirmed the item may appear on the Business Calendar at the following meeting. MOTION: Mayor Aitken moved to continue the item to the next meeting and direct staff to amend the ordinance to require subcontractors to disclose to a contractor any determinations pertaining to state or federal labor code violations within 72 hours, seconded by Mayor Pro Tern Rubalcava. ROLL CALL VOTE: 6-1 (AYES: Mayor Aitken and Council Members Rubalcava, Leon, Kurtz, Faessel, and Meeks; NOES: Council Member Diaz). Motion carried. M142 19. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Sections 1.11.010 (Definitions) and 1.11.070 (Lobbyist Registration) of Chapter 1.11 (Sunshine Provisions) of the Anaheim Municipal Code to strengthen and expand the regulations of the lobbyists program, and establish an auditing process. Determine that the ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, Section 15378(b). City Attorney Fabela reintroduced legal counsel Craig Steele, subject matter expert, who participated at the September 12, 2023 City Council meeting. He reported changes to the City's lobbyist ordinance were on the priority list of reforms stemming from the internal investigation concluded in July. The City Council provided direction to staff to expand the definition of a lobbyist, strengthen the regulations of the lobbyist registration program, and proactively flag potential violations. As part of the process, staff is presenting possible revisions to the Sunshine Ordinance and if approved, a first reading of the proposed ordinance. City Attorney Fabela explained the proposed revisions address four main concerns raised during the September 12' discussion. First, under the proposed revisions, the definition of a lobbyist would be expanded to include any individual who is employed or contracted for a role that includes influencing legislative or administrative action as a substantial or regular portion of the employment or contract, such as someone whose responsibilities include those typically associated with government affairs, or government relations or similar. The intent would be to expand the scope of the City's lobbyist registration provisions, to include both outside paid lobbyists who are currently covered, and also lobbyists who are employed by or work directly for a company or entity on whose behalf they are advocating. Second, the definition of lobbying activity would be revised to provide a more objective standard on what constitutes regulated lobbying by providing more specific information on influencing legislative or administrative action. Regarding the exceptions to the lobbyist's provisions, the proposed revisions would clarify the exception that currently exists relating to licensed professionals who are acting in that professional role, without intending to make any substantive revisions to that current exception. The proposed revisions would also add an exception to ensure that those who submit responses to bids are not considered to be lobbying merely by submitting bids, but could be considered lobbying if they directly communicate with members of the City Council to influence a decision to award or deny a contract. Consistent with the current ordinance, no exception for labor organizations is currently being proposed. Third, to address the Council's concerns about the need for more active enforcement, staff is proposing to include language that would mandate annual audits by the City Auditor of at least 20% of the lobbyists registered in the City. As part of the new registration process, lobbyists would be required to City Council Minutes of October 24, 2023 Page 15 of 28 acknowledge a commitment to retain and provide business records for the City Auditor's review and cooperate with the City with regard to any audit performed. Staff is also proposing an additional provision as an attempt to capture situations where lobbying activity is occurring without proper lobbyist registration. Under the proposed audit provision, the City Auditor would be mandated to periodically seek from a core group of City Officials and employees, no less frequently than semi- annually, information about past meetings or communications with anyone who reasonably may be considered to have lobbied such individuals. If the Auditor discovers, based on that inquiry, individuals who appear to have engaged in lobbying activity, but have not registered as a lobbyist or properly reported lobbying activity, the Auditor would notify and forward evidence to the City Clerk and the City Attorney who would determine next steps. Finally, there are some proposed revisions to the administrative matters of quarterly reports and annual registrations. With regard to fees, the City Clerk intends to update the fee resolution which will be brought forward for consideration at a later date. DISCUSSION: In response to Mayor Aitken, City Attorney Fabela noted the provisions proposed in the ordinance are unique and are not implemented by any other agency. He confirmed the intent of certain revisions is to provide the City Auditor with a method to report activities that have happened at least every six months, or as frequently, or more frequently, at the Auditor's discretion that would help reveal unreported lobbying activity or, more importantly, lobbyists who are not registered. He added the provision was included in response to robust discussion among the Council about whether there should be some sort of obligation on elected officials and Department Heads to document every conversation with lobbyists, which was thought to be overly restrictive. The proposed process would be an occasional check by the City Auditor which may provide enough information for appropriate follow-up to occur. He emphasized the provisions were intended to be flexible to develop a program to adequately monitor activities. Mayor Aitken inquired how the proposed provisions would overlap with the publication of City Council Member calendars. City Attorney Fabela responded the City Auditor may determine if the published calendars are sufficient to gather information from elected officials or other officials to ensure all lobbyist information is captured, however, this administrative process is not addressed in the proposed ordinance. Council Member Meeks supports what the City is trying to accomplish with the revisions to the ordinance to increase transparency. She highlighted the focus is to identify who officials are meeting with and what the meeting is about. She noted the proposed revisions broaden the scope of a lobbyist, however, she indicated the proposed ordinance may overcomplicate the situation and suggested the primary issues may be addressed in published calendars. She inquired if there could be guidelines established as to what the published calendars need to include. Council Member Faessel referenced previous Council discussions related to the contents of the Council calendars. He expressed concerns about including additional details beyond what was initially discussed. City Attorney Fabela clarified the ordinance does not include requirements for the published calendars. In response to Council Member Kurtz, City Attorney Fabela explained the Ethics Officer position is being delayed until all of the reforms have been vetted and discussed. He added the position may need to be placed in a particular office or another depending on what the final responsibilities are. He emphasized substantial duties and what would qualify an individual as a lobbyist. He noted language was included regarding government relations to be clear about what would be part of an individual's substantial duties. Mr. Steele explained language was included to cover "substantial duties" and City Council Minutes of October 24, 2023 Page 16 of 28 "regular duties" clarifying if an individual engages in government relations activity for short periods of time, however, if it is a regular occurrence, it would be considered lobbying. Council Member Leon confirmed with City Clerk Bass that there are currently 18 registered lobbyists in the City and stated the core issue is who has access to Council Members and staff which could influence the outcomes and decisions of the City. He inquired as to how the titles of those who lobby the City but do not have the official title within their agency as "lobbyist" will be addressed. Mr. Steele stated the description to encompass that scenario is included in the proposed ordinance revision. Council Member Leon expressed support for the proposed ordinance to expand the definition of a lobbyist and address transparency and accountability. In response to Council Member Leon, Council Member Meeks explained her concerns stem from how to properly identify those who are acting in a lobbyist capacity, regardless of title, while not creating a burdensome process. In response to Council Member Leon, City Attorney Fabela explained the exemptions to qualify as a lobbyist include acting on behalf of another party for less than $500. Mr. Steele explained the definition of lobbying was expanded to prevent underreporting and overreporting. Council Member Leon requested clarification on what currently defines a lobbyist. Mr. Steele explained if an individual is being paid to influence legislative or administrative action. Council Member Leon expressed support for the proposed ordinance to ensure transparency and accountability and inquired if the additional requirements have led to project delays. Mr. Steele responded the proposed ordinance would clarify what the lobbyist's responsibilities are and clarify the definition of a lobbyist. He noted the definitions included in the proposed ordinance are derived from other jurisdictions and the Fair Political Practices Commission (FPPC). Council Member Diaz expressed concerns with the proposed ordinance, particularly as it relates to union organizations, as it may expose the City to litigation. City Attorney Fabela noted the proposed ordinance does not include exemptions for union organizations, however, the Council may include one. Council Member Diaz echoed Council Member Meeks' comments and agreed the reporting appears to be burdensome. He noted there may be different interpretations of the definition and provided examples of positions at local agencies which may qualify as lobbyists under the proposed ordinance. Mayor Pro Tem Rubalcava suggested removing the title "governmental affairs," as any lobbyist could change their title to try and find an exemption to reporting. She suggested the City Council review the redlined proposed ordinance page by page. She noted on page two that the lobbyist definition is too broad and suggests removing "government affairs" or "government relations." On page three, Lobbyist Registration, she agrees with the intent and noted meetings with lobbyists do not constitute a vote for the topic that was discussed. She added the quarterly report is already part of the law as well as enforced through the Levine Act. On page four, she inquired how the City could enforce lobbyists retaining records. Regarding annual registration, she agrees with the January 151 deadline. On page six, section five, she inquired if the City Council was in agreement with the language regarding actions taken or services provided to a client and a professional licensed by a state licensing organization. In response to Mayor Pro Tem Rubalcava, City Attorney Fabela clarified the added language for the notification of violations to the City Attorney is already in the statute and inserted for clarification. Mayor Pro Tem Rubalcava continued to item six on page six, noting there was no suggested change from Council Members, and stating that she appreciates the audit provision. There were no objections to the redline changes as proposed related to other audit provisions. City Attorney Fabela City Council Minutes of October 24, 2023 Page 17 of 28 clarified the "governmental relations" language can be included at the Council's discretion. He noted the intent is to address the responsibilities of the positions and not their titles. He added an individual in that position is only required to register with the City if they lobby the City. Mayor Pro Tern Rubalcava suggested removing the "government affairs" language since the definition of lobbying was expanded. Mayor Aitken requested City Council consensus to remove the terms "government affairs" or "government relations." In response to Council Member Meeks, City Attorney Fabela clarified exempted positions and noted those positions are exempt in the current ordinance. He clarified if technical services are provided, those individuals would not be classified as lobbyists. Council Member Meeks expressed concerns with the direction of the ordinance. Mayor Aitken highlighted the importance of placing the responsibility on the lobbyist to disclose if they are meeting with City officials to influence or request favorable action. She noted the proposed language has been effective in other jurisdictions and supports the recommendations. Council Member Meeks expressed concerns regarding the proposed ordinance and the publication of the calendars running concurrently. In response to Mayor Aitken, City Manager Vanderpool reported the Council calendar policy will be integrated into an Administrative Regulation (AR) which would return to the City Council to receive and file. A deadline was not provided to complete the process, however, City Manager Vanderpool noted one can be requested. Council Member Faessel confirmed that the lobbyist ordinance would also apply to Planning Commissioners and inquired as to the process for reconciling lobbyists' and Council Member reports. He requested clarification on the reporting procedures for meetings with lobbyists and noted there could be potential oversight on either reporting party which, pursuant to the ordinance, would require disclosure to the City Auditor, City Clerk, and City Attorney. City Attorney Fabela explained that the intent of the ordinance would not place the burden of reporting on members of the City Council. In response to Council Member Faessel, Mr. Steele elaborated on the difference between providing professional services versus advocating and lobbying. Mr. Steele noted the proposed ordinance places the compliance obligations on the lobbyist. Council Member Faessel expressed support for the lobbyist ordinance, however, highlighted gaps that need to be addressed. He stated he would likely be requesting a worksheet to complete prior to meeting with any individual to ensure he remains in compliance. Mayor Aitken agreed with many of Council Member Faessel's points and recommended educational processes whenever ordinances and regulations are changed. Mayor Aitken noted the intent is not to be punitive upon implementation. Council Member Diaz inquired as to whether there were any deficiencies in the current ordinance. City Attorney Fabela responded that City staff was responding to the City Council's request for review and potential updates to the lobbyist ordinance. It is within the City Council's jurisdiction take action on the item. Council Member Diaz expressed support for continuing the item and including unions in the lobbyist ordinance, which was affirmed by staff as not being excluded. City Council Minutes of October 24, 2023 Page 18 of 28 Council Member Leon inquired whether similar ordinances have been challenged in court. Mr. Steele responded that generally speaking, there are no challenges in the present day that are of concern as it relates to this matter. The legal issues are more focused on enforcement. Council Member Leon expressed support for the proposed ordinance, as it is based on implementations by other similar jurisdictions, and that the proposed amendments create further clarification from what is in the current ordinance. MOTION: Council Member Leon to move the item including the removal of "government affairs" and "government relations", seconded by Mayor Aitken. DISCUSSION: In response to Mayor Pro Tern Rubalcava, City Attorney Fabela confirmed the motion includes the removal of the "government affairs" provision. Council Member Meeks stated that she originally did not support the ordinance as proposed due to concerns regarding it being overly burdensome, however, she does support transparency, including the production of meeting calendars. Council Member Kurtz confirmed with staff that the proposed ordinance does not include an exception for those advocating for labor agreements. City Attorney Fabela clarified the language in the proposed ordinance related to the exception for union organizations. She also confirmed there is no obligation in the proposed ordinance for the government official to file a report for every meeting with a lobbyist. Mr. Steele clarified there is no obligation in the ordinance to report every contact with a lobbyist. In response to Council Member Kurtz, City Attorney Fabela confirmed that the City Clerk addresses questions regarding lobbyist registration. Addressing Council Member Diaz's prior comments, Mr. Steele confirmed that there is already an exemption in the ordinance for public officials acting in their official capacity, and there is no change proposed in the new ordinance. Mayor Pro Tern Rubalcava expressed support for protecting the City's labor unions and their ability to advocate for their negotiated agreements. Staff confirmed the proposed language would only apply to those who are paid lobbyists, either internally paid lobbyists for labor organizations or external. However, it would be within the Council's discretion to exempt them from the proposed ordinance. Mayor Pro Tern Rubalcava expressed support for the exemption in the interest of protecting employees of the City. In response to Mayor Pro Tern Rubalcava, Council Member Leon expressed concern with exempting labor union organizations. He noted employees are exempt under the proposed ordinance and emphasized the intent is to regulate lobbying activity. Mayor Aitken emphasized the intent of the ordinance is to provide transparency to the public on who is lobbying City officials. She highlighted her support for the ordinance because it emphasizes the importance of enforcement, records retention, and auditing. In response to Council Member Kurtz, City Attorney Fabela clarified labor organizations would be considered lobbyists if they are being paid over $500 by an outside party to advocate to City officials on union contracts and not during the negotiation process. City Council Minutes of October 24, 2023 Page 19 of 28 AMENDED MOTION: Council Member Leon requested staff to bring back the ordinance for Council consideration removing the term government affairs or government relations from the ordinance, directing staff to create informational updates and proactively updating the City website, and exempting City of Anaheim labor unions, seconded by Mayor Aitken. DISCUSSION: In response to Mayor Pro Tern Rubalcava, City Attorney Fabela confirmed the cities of Oakland, Sacramento, and San Diego exempt labor organizations advocating for Memorandums of Understanding (MOU) from lobbyist provisions. Mayor Pro Tern Rubalcava expressed her reasons for not supporting the proposed ordinance unless an exemption for labor unions was included, including her support for labor and for the City's employees. Council Member Kurtz concurred. In response to an inquiry from Council Member Faessel, Mayor Pro Tern Rubalcava stated she would include an exemption for labor unions, including employees and their paid negotiators who are negotiating for their own agreement. Council Member Faessel was not in agreement with the proposed exemption. Council Member Leon accepted the amendment by Mayor Pro Tern Rubalcava. Mayor Aitken emphasized the goal is to inform the public who City officials are meeting with. She did note publication of the Council calendars will include disclosures of meetings. City Attorney Fabela clarified the motion includes removing the term government affairs or government relations from the ordinance, directing staff to create informational updates and proactively updating the City website, and exempting City of Anaheim labor unions when negotiating a Memorandum of Understanding. Council Member Faessel noted he would support the item, however, he disagreed regarding the labor union provision. MOTION: Council Member Leon requested staff to bring back the ordinance for Council consideration removing the term government affairs or government relations from the ordinance, directing staff to create informational updates and proactively updating the City website, and exempting City of Anaheim labor unions when negotiating a memorandum of understanding, seconded by Mayor Aitken. ROLL CALL VOTE: 5-2 (AYES: Mayor Aitken and Council Members Rubalcava, Leon, Kurtz, and Faessel; NOES: Council Members Diaz and Meeks). Motion carried. City Attorney Fabela requested flexibility so that the item could be presented at the same meeting as the Campaign Reform Ordinance. Mayor Aitken was in support of the request. Council Member Leon thanked staff and Mr. Steele for their work on the item. D112 20. Consider and discuss potential revisions to Anaheim Municipal Code Section 1.11.080.030 to require lobbyists who act as advisors to City officials to report their advisory contacts to the City. City Attorney Fabela reported that at the September 26, 2023 City Council meeting, Mayor Pro Tern Rubalcava requested a discussion item regarding a consultant engagement ordinance. The intent was to prevent lobbyists from parlaying their access to City Hall to advance their lobbying businesses. Based on that direction, the City Attorney's Office worked with Mayor Pro Tern Rubalcava. Staff is presenting a potential modification that would require lobbyists who are acting as advisors to City officials to report their advisory contacts to the same extent and in the same manner they report City Council Minutes of October 24, 2023 Page 20 of 28 lobbying activities. This requirement would apply during the time someone is a registered lobbyist for the City and for two years after they cease their lobbying activity. As currently proposed, the disclosure requirement is limited to contact with elected officials. But whether it should have broader application is subject to Council discussion. DISCUSSION: Mayor Pro Tern Rubalcava provided a disclaimer for full transparency, as there were consultants who previously had access to City Hall, but were not registered as lobbyists and were working on behalf of a major employer in the City while concurrently advising the former Mayor. A proposed ordinance would resolve the issue of a conflict of interest from happening in the future. Council Member Faessel expressed general support but requested clarification of the term "advisor." Mayor Pro Tern Rubalcava responded that it would have to be an egregious situation, where there was the appearance of a paid consultant for an entity seeking an engagement with the City who was also spending an inordinate amount of time with an elected official. She noted the intent is not to target individuals seeking employment at the City but to help with conflict of interests. City Attorney Fabela stated a proposed definition for "advisor" was someone who provides input by way of advice, guidance, information or speaking points on matters relevant to the City. He believed that Mayor Pro Tern Rubalcava wanted to capture situations where hypothetically, a lobbyist was providing prepared statements for an elected official. Council Member Meeks suggested approaching the matter from a conflict of interest perspective, as the lobbyist ordinance seems to cover similar concerns. The proposal may be too broad and limit individual's freedom to seek employment at some levels. She would prefer these types of interactions to be covered under the current reporting requirements. In response to Council Member Meeks, City Attorney Fabela clarified the employment provision is in the current Sunshine Ordinance and confirmed the definition was expanded. Mayor Aitken inquired as to the prohibitions related to City employees and external parties leaving their employment and then working for the City or external party, respectively. City Attorney Fabela affirmed there are limitations on separated employees working for external parties with business before the City for a period of two years. In response to Mayor Aitken, City Attorney Fabela explained the current provision was approved by the City Council in 2017. Mayor Pro Tern Rubalcava stated she would be open to modifying proposed language so it does not limit employment opportunities. She was trying to address someone working as an "advisor' and the intent is to receive input from the City Council and whether there is interest in developing an ordinance to address the matter. City Attorney Fabela confirmed the party would have to disclose their "advisor' activity. In response to Council Member Leon, City Attorney Fabela clarified the current statute prohibits lobbyists from being employed at the City and for two years following the end of their lobbyist activity. Council Member Diaz stated he was not in support of the proposed ordinance revision, as he did not want to take away the ability for the Mayor to have advisors and that the discussed revisions would not prevent the malfeasance that occurred previously. Council Member Kurtz stated her preference to have the prohibition be for one year, similar to the State's requirement, and confirmed that a registered lobbyist would still have to report contact in accordance with the lobbyist ordinance. City Council Minutes of October 24, 2023 Page 21 of 28 Mayor Aitken expressed her support for encouraging individuals to seek employment with the City of Anaheim, however, to enforce their inability to work on a City project as an employee for which they performed lobbying efforts as an external party previous to their employment. She expressed more concern about former City employees lobbying the City on behalf of external parties after their separation from the City. She supported Council Member Diaz's comments and suggested an alternative method to disclose meetings. Mayor Pro Tern Rubalcava responded she was in support of a proposed one-year time limit, for encouraging external parties to seek employment with the City, for adding "contractual employment" to the description, and including specific examples in any proposed ordinance to ensure clarity concerning what actions rise to the level of a conflict of interest. City Attorney Fabela stated the original intent of the prohibition against hiring lobbyists as City employees for a specified amount of time was to prevent lobbyists from acting as Council Aides. Mayor Pro Tern Rubalcava supported stating that information in the proposed ordinance. City Attorney Fabela stated that his office will incorporate the feedback from the City Council and continue to work with the Mayor Pro Tem, to develop a proposed ordinance for City Council consideration at the same time the proposed updates to the lobbyist ordinance are considered. Informational item with direction provided to staff. No formal action taken by Council. D116 21. Discuss and provide direction to staff on 1) the possible expansion of a whistleblower protection policy, 2) the possible expansion or modification to the City's ethics hotline, and 3) possible consequences for findings of Council Member misconduct. Assistant City Manager Greg Garcia introduced Audit Manager Joe Romines to discuss and provide direction regarding a whistleblower protection policy and reporting Council Member misconduct. He detailed existing law and City regulations regarding whistleblowing including Labor Code Section 1102.5 prohibiting whistleblower retaliation, Fair Employment and Housing Act (FEHA) prohibiting retaliation but limited to violations of FEHA's provisions, and the Meyers-Milias-Brown Act prohibiting retaliation against public employees for engaging in union activities. He detailed the City's Administrative Regulations (AR) also cover the topic specifically AR 243 prohibits retaliation against employees who report a complaint, associate with a complainant or participate in an investigation, AR 240 outlines the City's non-discrimination program and prohibits retaliation or reprisal for filing a complaint, or cooperating as a witness, and AR's 245 (Anti -Violence Policy), 130 (Fraud Policy), and 252 (Lactation Accommodations). He confirmed staff is comfortable that the current laws and regulations provide sufficient protection for whistleblowers, however, there are always opportunities to further educate employees and officials about their rights and obligations. As related to the possible expansion or modification to the City's ethics hotline, he provided the current ability for City employees, contractors, residents, and others to report suspected fraud, waste, and abuse 24 hours a day, seven days a week, 365 days a year. The City's Internal Audit Division administers the program and the confidential third -party reporting tool. He provided details on AR 130 which provides guidance to employees when fraud, waste, or abuse of authority is known or suspected and the process for reporting and processing a complaint, including investigations based upon the particular jurisdiction of the incident. AR 130 requires that matters involving campaign and lobbying violations be referred to the City Clerk's Office instead of reporting through the hotline. The City's Audit Division is researching the hotlines of other jurisdictions in order to provide any updates to the City's own processes. The goal is to broaden the existing hotline language to better ensure it captures the matters of misconduct and to ensure its alignment with the proposed whistleblower protection policy. City Council Minutes of October 24, 2023 Page 22 of 28 Assistant City Manager Garcia continued his presentation noting that, regarding the consequences for findings of Council Member misconduct, because Council Members are elected officials, traditional forms of discipline, such as suspensions, demotion, and terminations are not available. He noted the Council has an inherent legislative right to censure its members at a public hearing by a majority vote. While censure is not disciplinary, it is a formal statement of disapproval in the form of a resolution that may impact the Council Member symbolically. Additionally, sustained findings of misconduct by council members are very likely to be considered public records under current case law. The City Council could create a policy that mandates the proactive publication of any sustained findings. DISCUSSION: Council Member Faessel inquired whether the new Ethics Officer should be administering the hotline. Council Member Kurtz agreed that the current provisions are adequate and supported expanding educational efforts, potentially creating a policy that would ensure effective training. She inquired how the City Council could consider the removal of a Council Member from representing the City on an external board, committee, or commission. City Attorney Fabela responded that the City Council could provide direction to include that in any proposed ordinance amendment. The appointment of a Council Member to an external organization is at the City Council's discretion, as well as their removal. It could be made a specific consequence of any sustained findings of malfeasance. Mayor Pro Tern Rubalcava proposed including language regarding due process after a thorough investigation by an independent body and potentially withholding any applicable stipends. Council Member Diaz stated the system regarding whistleblower provision is effective, however, he cautioned against overregulating to the point where Council Members remove other City Council Members for political reasons, rather than actual criminal activity or malfeasance. He supported recommendations one and two, as proposed. Council Member Meeks stated the current whistleblower protection policies and laws are adequate and the ability for the City Council to censure is also available to the City Council Members. Council Member Leon inquired as to the timeline for receiving recommendations related to hotline processes and procedures from other jurisdictions. Assistant City Manager Garcia responded the information is forthcoming and any recommendations for best practices could be implemented quickly without any formal action by the City Council, who would be advised by memorandum. Council Member Leon stated his preference for creating a safe and open environment for employees to be confident in pointing out illegal or unethical activity. He also supported Council Member Faessel's suggestion to have the hotline administered by the new Ethics Officer as well as Mayor Pro Tem Rubalcava's suggestion to incorporate due process language. Mayor Pro Tern Rubalcava agreed with Council Member Diaz concerning Item C in the report and reiterated the intention to protect City employees from harassment from elected officials. She also noted the desire to remain mindful of politicizing allegations that were not sustained against any Council Member and enforcement of due process procedures. Assistant City Manager Garcia provided details as to the process for investigating reports and proactively publishing sustained findings after notifying the Council Member and performing the City Council Minutes of October 24, 2023 Page 23 of 28 appropriate redactions to comply with privacy provisions. Unsustained findings would not be published in accordance with the due process language. City Attorney Fabela confirmed that the City balances privacy regulations and laws against the requirements of the California Public Records Act. He noted that certain documents are public records, regardless of sustained or unsustained findings against a Council Member or other official. Mayor Pro Tern Rubalcava emphasized the need for clarity to remain mindful of politicizing allegations that were not sustained against any Council Member and enforcement of due process procedures. City Attorney Fabela expressed challenges with including the proposed distinction, however, noted the current law would be incorporated. In response to Mayor Aitken, City Attorney Fabela clarified whether there are unsustained findings the response by the public agency is a public record. Mayor Aitken inquired as to the City Manager's Office process for requiring ethics or other training for City employees. City Manager Vanderpool responded that State -mandated ethics training is required of certain officials and employees pursuant to AB 1234 with certificates posted on the City website. He administratively expanded training requirements to Department Heads and other City employees. He added the training is required of Council Members. Assistant City Manager Garcia spoke about the opportunities to expand educational efforts, including incorporating hotline information in new employee orientation materials and placing educational materials in areas easily accessible to employees. Mayor Aitken supported expanding the fraud hotline and noted it should be managed by the Ethics Officer. Mayor Aitken inquired whether the City Council had ever censured a Member and whether censure can apply to appointed boards, commissions, and committee members, citing due process concerns. Assistant City Manager Garcia stated he was unaware of a City Council action to censure a Council Member during his eighteen -year career with the City. Mayor Aitken noted there is a process in place when findings are discovered and highlighted the censure would apply to egregious situations. City Attorney Fabela stated there are more restrictions concerning censure and due process as related to appointed officials, also expressing there are First Amendment considerations. Censure by City Council of their own membership is an inherently legislative right. Mayor Aitken thanked staff for their work on this item and her support for the protection of City employees in reporting illegal or unethical behavior. She explained the proposed actions will be an important tool and resource for the public as well. City Attorney Fabela confirmed staff will incorporate advertisement of whistleblower protections, returning recommendations on best practices from other jurisdictions as related to hotline processes, and the process for censure of Council Members, Commissioners, and Board Members. He requested clarification regarding any other input from the City Council. Mayor Aitken noted it is the responsibility of the Council Member who made the appointment to address any concerns regarding their appointee's actions and activities. Mayor Aitken emphasized the importance of employees being informed of whistleblower protections and policies in place to protect them. City Council Minutes of October 24, 2023 Page 24 of 28 In response to Council Member Kurtz, City Clerk Bass confirmed state -mandated ethics training is required of City Council and Planning Commissioners, and has been expanded by the City Manager via AR 102 to all Department Heads and the Executive Management Team. Council Policy 1.11 requires that ethics training is provided to all board and commission members, as well as City Council staff. Council Member Kurtz requested including whistleblower protection training with the ethics training. Assistant City Manager Garcia requested clarification concerning the publication of findings related to allegations of malfeasance. Mayor Aitken stated there are processes currently in place concerning sustained findings and her interest is ensuring censure regulations are not weaponized for political purposes. Informational item with direction provided to staff. No formal action taken by Council. D116 22. Receive information on the current policy for the City Manager's purchasing authority and provide direction to staff, as necessary. Assistant City Manager Garcia reported the City Manager's signature authority limit has been subject to fluctuation over the past decade and provided historical information concerning the amounts. During the pandemic, the City Council increased the amount to $250,000 as related to necessary emergency spending, and then additionally the City Manager's authority to execute, ratify and amend contracts and agreements under $200,000, and this is the current approval amount. He highlighted the provisions of Council Policy Nos. 4.0 and 4.1, including when an amendment or extension will cause the total value of a professional service contract to exceed $200,000, the contract must be presented to Council for approval. When the cumulative value of services provided by one professional services contractor exceeds $500,000 over five years, those contracts must be presented to the City Council. Bids and Request for Proposal's (RFP) will continue to be advertised on the City's website ensuring the wide range of vendors and contractors are able to compete. The City maintains an interest list for vendors, contractors and consultants interested in receiving bid and RFP information for upcoming work. Information about bids and RFPs and the award of such contracts will be available on the City's transparency and government webpage in accordance with Council Policy 4.1. The award of professional consulting contracts valued at $25,000 or more are published on the City's website within 72 hours after an agreement is finalized and notification is provided to the City Council once that agreement has been posted to the website. The City Manager will continue to provide Council with an annual list of all contracts including the name of contractor, a description of the work, and the total value of that contract. This is transmitted every year in a spreadsheet format of all agreements that have been signed by the City Manager. All contracts above the City Manager's signature authority of $200,000 are placed on the City Council agenda. Assistant City Manager Garcia also reported staff reviewed the signature authority of several public entities similar to Anaheim with signing authorities ranging from $25,000 to $250,000. Any amendments to the City Manager's signing authority will be approved by resolution to update Council Policy 4.0. Mayor Aitken stated this item was not a reflection of the current City Manager, but was a recommendation from the JL Group report. She stated the primary concern is related to "sole source" contracts and inquired as to the signature authority for individual Department Heads. She highlighted three similar agencies and their signing authorities. She expressed concerns regarding sole source contracts and inquired about the process of triggering competitive bidding. Assistant City Manager Garcia reported Department Heads had a signature authority up to $25,000. He explained if a RFP process is not conducted the City Manager is prohibited from signing sole source contracts over $50,000. City Council Minutes of October 24, 2023 Page 25 of 28 Mayor Aitken confirmed the City has provisions in place concerning sole source and multi -year contracts, as well as the process for requiring any non -budgeted items to be placed before the City Council for consideration. She also confirmed contracts are posted to the City's website within 72 hours of signature execution and remain there for a period of 30 days. She also confirmed there is a yearly report provided each January that covers the previous year's contracts and the list is provided to the City Council. Mayor Aitken reported the City has a process implemented similar to other agencies. Mayor Aitken requested a monthly "receive and file" agenda report which lists all reports currently published on the City's website under the City Manager's signature authority. Council Member Meeks supports the current signature authority and a monthly "receive and file" agenda report. She noted the signature authority is to ensure the City can procure resources quickly and respond rapidly to any issues. Council Member Diaz also supported the current signature authority provisions and a monthly "receive and file" agenda report. Council Member Kurtz supports the current signature authority and confirmed the monthly "receive and file" agenda report, if placed on the consent calendar, is received and filed pursuant to City Council majority vote on the consent calendar. Mayor Pro Tern Rubalcava expressed concern about previous City Councils' actions to punish previous City Managers as related to signature authority and supports the current signature authority and a monthly "receive and file" agenda report. Informational item with direction provided to staff. No formal action taken by Council. B105 24. District 4 appointment to an unscheduled vacancy to the Housing and Community Development Commission to a term ending December 31, 2024. Housing and Community Development Commission District 4 appointment: ____ Joseti)h Gonzales (December 31, 2024) (Unscheduled Vacancy) NOMINATION: Council Member Kurtz nominated Joseph Gonzales. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES — 0. Nomination approved. 25. RESOLUTION NO. 2023-098 A RESOLUTION OF THE CITY COUNCIL OF THE E127 CITY OF ANAHEIM, CALIFORNIA, reciting the fact of the Special Municipal Election held on Tuesday, October 3, 2023, declaring the result and such other matters as may be provided by law. City Council Minutes of October 24, 2023 Page 26 of 28 MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2023-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, reciting the fact of the Special Municipal Election held on Tuesday, October 3, 2023, declaring the result and such other matters as may be provided by law, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES — 0. Motion carried. PUBLIC HEARING: M142 26. A public hearing to consider the adoption of Ordinance No. 6561, renewing Ordinance No. 6528 approving the Police Department's Military Equipment Use Policy as modified, and renumbered, and authorize the use, pursuit of funding for, and acquisition of the military equipment described in Policy 705 (previously numbered Policy 706). ORDINANCE NO. 6561 __,_ (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM renewing, with modifications, Ordinance No. 6528 approving the Anaheim Police Department's Military Equipment Use Policy pursuant to California Government Code Section 7071 [introduced at Council meeting of October 17, 2023, Item No. 20]. At 10:43 p.m., Mayor Aitken opened the public hearing. Police Chief Armendariz reported military equipment ensures the safety of the community and officers noted the equipment and related training allows officers to de-escalate volatile situations, protect the community and officers from harm, and bring critical incidents to a safe resolution. He noted only trained officers are allowed to deploy military equipment. The department does not possess or utilize any equipment procured from the military, or the Department of Defense. The Department remains transparent by providing awareness and understanding of police practices, values public input, and welcomes open dialogue about its practices and operations. He introduced Sergeant McClintock who serves as the Department's Public Information Officer, Sergeant McGlade who oversees training, and Captain Trapp who oversees the Operations Support Division. Sergeant McClintock continued the presentation, noting on September 30, 2021, Governor Newsom approved Assembly Bill 481 (AB 481), requiring law enforcement agencies to obtain approval from the applicable governing body by adopting a military equipment use policy. The Anaheim Police Department is required to seek City Council approval of its military equipment use policy by ordinance at a regular open meeting before taking certain actions relating to the funding, acquisition, or use of military equipment as defined by law. In 2022 the City Council adopted, following a public hearing, the Department's first Military Equipment Use ordinance. The ordinance requires an annual review and it was noted that the current policy differs from the previous policy because the Department no longer has certain equipment and is seeking approval to increase the quantities of already approved consumable and non -consumable equipment. The annual report required by AB 481 was published on July 11', posted on the City's website, and presented to the Police Review Board on July 20tn Captain Trapp continued the presentation with 2022 Operational Statistics including a total of 504,377 calls for service. He noted the SWAT and Tactical Negotiation Unit were deployed more times in 2022 than any other year. He noted the Department has not received any complaints regarding it's use of military equipment. Sergeant McClintock noted last year, the Department established a military equipment use page on its website in compliance with all provisions of AB 481. The Department also published its first report, a 61-page document in July. The report covered numerous topics including an overview of the military equipment the Department possesses, a summary of the military equipment used, a summary of complaints or concerns regarding the military equipment, the results City Council Minutes of October 24, 2023 Page 27 of 28 of any internal audits, and information regarding the military equipment use policy if the Department intends to acquire additional military equipment in the next year, what equipment is being sought, and the total annual cost for each type of military equipment. He provided details concerning the type of military equipment defined in AB 481. The equipment is listed in the City's Military Equipment Policy and includes every single make, model, and quantity possessed and also the changes from the prior year. The Department's mission is to maintain a safe community to live, work, and play and the catalog of equipment discussed enhances the Department's ability to de-escalate incidents, protect the community and officers from harm, and bring critical incidents to a safe resolution. He reiterated only officers trained to use the equipment are permitted to deploy the items and decisions regarding whether and how the military equipment is funded, acquired or used should give strong consideration to public welfare, safety, civil rights, and civil liberties. DISCUSSION: Council Member Diaz expressed his support for the Police Department and the tools and resources they require to keep the community safe. Council Member Leon stated that Anaheim is a unique community due to its resorts and amenities which bring in large numbers of visitors and the need to keep everyone safe. He requested clarification concerning the MRAP vehicles and their use. Sergeant McGlade explained MRAP vehicles are military vehicles designed to drive over mines. He confirmed the City does not own MRAP vehicles, but rather two armored personnel carriers. Certain officers are trained to drive the department -owned vehicles which are deployed with the SWAT team. The special licensing and training required as related to the vehicles were detailed. Council Member Kurtz expressed support for the Department's efforts and thanked them for the work they do. Mayor Aitken opened public comments. City Clerk Bass reported there were no public comments received electronically. At 10:57 p.m., Mayor Aitken closed public comments and the public hearing. MOTION: Council Member Meeks moved to adopt ORDINANCE NO. 6561 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM renewing, with modifications, Ordinance No. 6528 approving the Anaheim Police Department's Military Equipment Use Policy pursuant to California Government Code Section 7071, seconded by Council Member Kurtz. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES — 0. Motion carried; ordinance adopted. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non -agenda items): None COUNCIL AGENDA SETTING: Mayor Pro Tem Rubalcava requested an agenda item to discuss the Planning Commission public comment process as well as the consideration of streaming Planning Commission meetings. Mayor Aitken requested an agenda item to discuss the public posting of calendars for key City Officials. City Council Minutes of October 24, 2023 Page 28 of 28 ADJOURNMENT: At 11:00 p.m., Mayor Aitken adjourned the City Council meeting in memory of Dr. Howard Knohl. Respectfully submitted, Theresa Bass, CIVIC City Clerk Susana Barrios From: Julian Gutierrez <juliang@kennedycommission.org> Sent: Monday, October 23, 2023 2:09 PM To: Public Comment Cc: Cesar C Subject: [EXTERNAL] Public Comment on Agenda Item 2 Attachments: City of Anaheim Agenda Item 2 Public Comment Letter.pdf Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Good Afternoon, My name is Julian Sebastian Gutierrez, a Policy Analyst with the Kennedy Commission. We thank you for the opportunity to comment on Agenda Item 2 and our comments will be attached to the bottom of this email. Thank you and have a great day, Julian Sebastian Gutierrez Julian Sebastian Gutierrez (He/Him) Policy Analyst - Kennedy Commission August 23, 2023 City of Anaheim City Council 200 S Anaheim Blvd. Anaheim, California 92805 RE: Public Comments to Agenda Item 2 regarding the City of Anaheim's Pledge of$2 Million in Low and Moderate Income Housing Asset Funds dated August 2023 To The Honorable Members of City Council: www, ken n e dy e o m its i.s s i o n. urg 17701 Cowim.Avv_ Suite 700 [euine, CA 92614 9492500909 The Kennedy Commission (the Commission) is a broad -based coalition of residents and community organizations that advocates for the production of homes affordable for families earning less than $30,000 annually in Orange County. Formed in 2001, the Commission has been successful in partnering and working with Orange County jurisdictions to create effective housing and land -use policies that have led to the new construction of homes affordable to lower -income working families. Thank you for the opportunity to review and comment on Agenda Item 2 regarding the City of Anaheim's proposed resolution for the City's plan to implement the funds from the PRO Housing Grant. PRO Housing Grant The U.S. Department of Housing and Urban Development's PRO Housing Grant Program is a $85 million grant intended towards removing barriers to affordable housing by addressing outdated zoning, policies, and regulations, gaps in resources for development, infrastructural issues, lack of amenities, and expiring affordability requirements. We believe that the city's plan for the grant as well as the goals set would be impactful in the City's efforts to achieve Anaheim's RHNA score and ensure homes that are affordable to Anaheim's low and moderate income residents. The Commission also supports the creation of the Anaheim Housing Trust as a means to bolster the availability of funds to promote affordable housing, but have some doubts regarding the establishment of the City Livability Lab. In the wake of the Anaheim Corruption Scandal, the city should implement a system to review and audit the Lab so that the funds are not mismanaged or misdirected from their original goal similarly to what happened with Visit Anaheim. There is a potential to effectively produce and preserve affordable housing in the City of Anaheim from the PRO Housing Grant, as long as funds are not misappropriated or abused. We therefore endorse the city's plan for the PRO Housing Grant's funds and the pledge of $2,000,000 to match it, but strongly recommend a system to review and audit the use of funds from the grant. We encourage that the city takes steps to develop incentives and programs for affordable housing and both the pledge and the City's plan to implement the funds from the PRO Housing Grant are the exact steps in the right direction. We look forward to working with the City of Anaheim to encourage effective housing policies that will help create balanced housing development and create much -needed affordable housing in our local communities. If you have any questions, please feel free to contact me at (949) 250-0909 or cesarc@kennedycommission.org. Sincerely, Cesar Covarrubias Executive Director Susana Barrios From: Mae Jacobson Sent: Thursday, October 19, 2023 7:46 PM To: Public Comment Subject: [EXTERNAL] No on project 2021-2018 Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Hello, Please vote no on allowing prep charter school another hearing for project 2021-2018 at 2780 E Rio Vista. I am a resident of that neighborhood, and that corner is no place for a school. It is dangerous with multiple accidents a year because of its location at the turn of the street. The traffic and noise pollution would also be unhealthy for us residents as well as the wildlife at the Anaheim coves. Thank you, Mae Jacobson Sent from my iPhone Susana Barrios From: Ron Jacobson Sent: Thursday, October 19, 2023 7:36 PM To: Public Comment Subject: [EXTERNAL] Project 2021-2018 Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Hello, I am emailing you to ask you to please vote no on allowing prep charter school (project 2021-2018) at 2780 E Rio Vista (Wagner). I am a resident of this neighborhood and that is a very dangerous corner that has had multiple accidents a year. Not safe to add more kids and cars to the situation. The location is also not big enough for a school, it will cause trafficjams that will most likely block in our neighborhood which only has one outlet. It will also cause noise pollution, which will not only disrupt the peace of our neighborhood but also could negatively affect our natural wildlife we have here at the Anaheim coves next door. Thank you, Ron Jacobson Sent from my iPhone Susana Barrios From: Cobian, Connie <cobian_c@auhsd.us> Sent: Monday, October 23, 2023 9:49 AM To: Public Comment Cc: MMatsuda; JaFried; MMelena Subject: [EXTERNAL] Public Comment for Tomorrow's City Council Meeting Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Dear City Council Members and Mayor Aitken: As the Superintendent of Anaheim Union High School District ("District"), I submit this communication on behalf of the District's Governing Board. As an initial matter, all this time we were under the impression that Scholarship Prep, a charter school, submitted the Development Permit request. However, through the filed Request for Rehearing we were surprised to learn that Red Hook Capital Partners, LLC, a large developer and not an actual charter school, is the entity behind this issue and that they are now requesting that the City Council reconsider its recent decision to deny its application to establish and use 2780 E. Wagner, Anaheim, California for a charter school. We urge the City Council to not be influenced by a large developer/national corporation. The City Council appropriately determined that this site is not an appropriate location for a school of the size proposed by Red Hook. As a local governing board, we understand that legislative bodies are often tasked with making difficult and tough decisions. While people and entities may be dissatisfied with certain outcomes, that does not make thoroughly reviewed and well -reasoned decisions wrong. No doubt Red Hook is disappointed in your decision, but such sentiment alone should not sway your judgement. The City Council's decision is subject to an abuse of discretion standard, which is a high standard to meet as the City's legal counsel can confirm. As such, we believe the City Council's previous decision would be upheld in a court of law. Accordingly, through this correspondence, we wish to express our support for the City and its previous sound decision to deny Red Hook's application to establish and use property within the City's boundaries to establish a charter school, and strongly urge the City Council to uphold its previous decision. Connie Cobian, Senior Executive Assistant to Michael B. Matsuda, Superintendent Anaheim Union High School District 501 N. Crescent Way, Anaheim, CA 92801 Office: 714-999-3502 Fax: 714-535-1706 Email: cobian c@auhsd.us "People will forget what you said. They might even forget what you did. But, they will never forget how you made them feel." -Maya Angelou Anaheim Union High School District E-mail Confidentiality Notice This e-mail communication and any attachments, including documents, files, or previous e-mail messages, constitute electronic communications within the scope of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. This e-mail communication may contain non-public, confidential or legally privileged information intended for the sole use of the designated recipient(s). The unauthorized and intentional interception, use, copy or disclosure of such information, or attempt to do so, is strictly prohibited and may be unlawful under applicable laws. 18 U.S.C. § 2511. If you have received this e-mail communication in error, please immediately notify the sender by return e-mail and delete the original e-mail from your system. Susana Barrios From: MarGreta Jorgensen Sent: Monday, October 23, 2023 2:44 PM To: Ashleigh Aitken Cc: Public Comment Subject: [EXTERNAL] Vote NO for Project 2021-2018 Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. To Mayor and City Council Members I applaud your decision to VOTE NO against allowing Prep Charter School for another hearing for Project 2021-2018 1 sincerely request that another hearing for Project 2021-2018 will NOT OCCUR. As a property owner (since 12/1/1963) bordering this proposed project- I would be very negatively impacted by the noise and increased traffic which would result. I am home bound with extreme physical disabilities and unfortunately unable to attend your meeting scheduled for 10/24/2023 and therefore unable to publicly express my profound concerns. Thank you for your serious and sincere consideration in this matter! MarGreta Jorgensen Susana Barrios From: Adam Wood <awood@biasc.org> Sent: Tuesday, October 24, 2023 11:19 AM To: Public Comment; City Clerk Subject: [EXTERNAL] BIA/OC Comment Letter - Item 23 Attachments: BIAOC Comment Letter - Item 23.pdf Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Please see the attached comment letter regarding Item 23 on the 10/24 council agenda. Thank you. -Adam BIZ MET BI g, Adam S. Wood 9IASC&61ASd Senior Vice President Orange County Chapter Building Industry Association of Southern California, Inc. 2023 awood(&biasc.org 9UILQINQ IHQUSTHY SHOW ph: w: biasc.org Mailing Address: 17192 Murphy Ave., #14445, Irvine, CA 92623 Los AngelesNentura • Orange County • San Bernardino County • Riverside County t 1 t BUILDING INDUSTRY OF SOUTH ERN CALIFORNIA, INC. BIH ORANGE COUNTY CHAPTER October 24, 2023 Mayor Ashleigh Aitken City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 Dear Mayor and Council, On behalf of the Building Industry Association of Southern California - Orange County Chapter (BIA/OC), I write to request clarifications on Item 23, an Ordinance "requiring subcontractors to disclose recent labor code violations when obtaining a business license." We are concerned that the aforementioned proposal is in need of revision to protect workers in Anaheim. BIA/OC understands why it is important to shed light on `bad actors,' but the language of the ordinance seems to inflict burdens and punishment in the wrong place. At a minimum, clarity is needed on "pending violations" and a cure opportunity needs to be offered before the city invokes an "unqualified right" to "revoke building permits." The proposed Ordinance adds Section .090 placing the burden on a Permit Applicant to "disclose any pending and/or final determinations pertaining to state or federal labor code violations" of their subcontractors. Any given project could have dozens of subcontractors associated therewith and this Ordinance could end a project for all of them if just one `sub' does not honestly disclose a "pending" action. Specifically, Section .095 says the city "shall have the unqualified right to suspend or revoke building permits" for failure to provide "correct, accurate and complete information to the Building Official." A technical error or one bad -actor subcontractor could jeopardize a project for countless tradespeople if the letter of this law is followed. Placing the burden on the Permit Applicant harms fellow subcontractors and is not a sound policy for the City of Anaheim. Instead, it would make considerably more sense to build upon the existing code requirements that require all parties doing business in Anaheim to have a valid Business License. To accomplish the disclosures sought by the proposed Ordinance, the city could require disclosure of any labor violation as part of a Business License Application process. A Permit Applicant would then be responsible to hire subcontractors with a valid business license and any bad actor lying about "pending or final" labor code violations EXECUTIVE COMM ITTEE PRESIDENT BROOKE DOI SHEA HOMES 11 VICE PRESIDENT JAMES O'MALLEY SHOPOFF REALTY INVESTMENTS TREASURER MEGAN ELTRINGHAM THE NEW HOME COMPANY SECRETARY DAVE MELLO LANDSEA HOMES TRADE CONTRACTOR VP ALAN BOUDREAU BOUDREAU PIPELINE ASSOCIATE MEMBER VP MARK HIMMELSTEIN NEWMEYER & DILLION, LLP MEMBER AT LARGE PETER VANEK INTREGAL COMMUNITIES MEMBER AT LARGE SEAN MATSLER COX, CASTLE, & NICHOLSON LLP IMMEDIATE PAST PRESIDENT EPIC NELSON TRUMARK HOMES SR. VICE PRESIDENT, OC CHAPTER ADAM WOOD B IAOC 17192 M U R P H Y AVE #14445, I R V I N E, CA 92623 949-553-9500 I BIAOC.COM would have to answer to the city itself. This protects the other good -faith subcontractors and Permit Applicants while still achieving the same outcome. This seems like a win -win outcome for all involved as it gives the city increased discretion against potential bad actors and those doing business in the city have a predictable means to hire without risk of municipal retribution. At a minimum, as mentioned above, the language of this Ordinance needs clarification on "pending" violations. Such language runs the risk of creating a "guilty until proven innocent" burden on individuals, curtailing their right to due process. Additionally, there must be an opportunity to "cure" any technical or good -faith mistakes before a permit is suspended or revoked. This represents an unduly harsh burden for a provision that, at best, is informational. I appreciate your consideration and clarification regarding the points raised in this letter. Sincerely, Adam Wood Senior Vice President Building Industry Association of Southern California Orange County Chapter