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08-29-23_Action with CommentsANAHEIM CITY COUNCIL ACTION AGENDA AUGUST 29, 2023 CITY COUNCIL PUBLIC FINANCING AUTHORITY HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY HOUSING AUTHORITY ▪ ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Housing and Public Improvements Authority begin at 5:00 P.M. Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted. Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chamber, 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting. ▪ REPORTS: All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net/councilagendas. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) are available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net. ▪ PUBLIC COMMENTS: There are two Public Comment periods with speakers having one opportunity to address the City Council, except for scheduled public hearing items. Public comments are limited to three (3) minutes per speaker, unless a different time limit is announced. The City uses speaker cards that must be submitted to the City Clerk in order to address the City Council. Prior to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session for the first Public Comment period where speakers will be permitted to speak on specific agenda item(s). This first Public Comment period is limited to 90 minutes or until all agenda item speakers have been heard, whichever is later. Any remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is exhausted. The second Public Comment period will be opened by the Mayor if any non-agenda item speakers were not called during the first Public Comment period. For public hearings, the Mayor or Chairperson will separately call for testimony at the time of each public hearing. Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or Chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. Speakers shall refrain from profane language and other disruptive remarks or behavior which disrupts or disturbs the meeting, or risk being removed (AMC 1.12.017). Additionally, members of the public may correspond with the City Council and all other related agencies, on any agenda items or matters within the jurisdiction of such governing bodies, by submitting comments electronically for City Council consideration by sending them to publiccomment@anaheim.net. To ensure distribution to the City Council prior to consideration of the agenda, please submit comments at least 2 hours prior to the scheduled start time of the meeting. Those comments, as well as any comments received after that time, will be distributed to the City Council, posted on the City’s website, and will be made part of the official public record of the meeting. Current and archived public comments are available at www.anaheim.net/publiccomment. Contact the City Clerk’s Office at 714-765-5166 or cityclerk@anaheim.net with any questions. ▪ ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency. ▪ CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless a member(s) requests an item(s) be discussed and/or removed from the Consent Calendar for separate action. ▪ SERVICIOS DE TRADUCCION (TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH): La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada. Ashleigh E. Aitken Mayor Natalie Rubalcava Mayor Pro Tem District 3 Jose Diaz Council Member District 1 Carlos A. Leon Council Member District 2 Norma Campos Kurtz Council Member District 4 Stephen Faessel Council Member District 5 Natalie Meeks Council Member District 6 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 August 29, 2023 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA AUGUST 29, 2023 3:00 P.M. Call to order the Anaheim City Council. 3:01 P.M. MEMBERS PRESENT: Mayor Aitken and Council Members Diaz, Leon, Kurtz, Faessel, and Meeks. Mayor Pro Tem Rubalcava joined during Closed Session. 3:00 P.M. - CLOSED SESSION ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Recess to closed session. 3:02 p.m. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) (1) of the California Government Code) Title: City Clerk 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Gretchen R. Beatty, Acting Human Resources Director Name of Employee Organization: City Clerk 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the California Government Code) Property: APN 072-110-47; 1687 West Lincoln Avenue, Anaheim, CA 92801 Agency Negotiator: Sergio Ramirez, Director of Economic Development Negotiating Parties: JJTS, Inc., doing business as JR’s Wheels and Tires, and the City of Anaheim Under Negotiation: Rent price and terms of payment for the lease 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: Two potential cases 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of California Government Code Section 54956.9): One potential case (A copy of the claim against the City is included in the agenda packet and available for review by contacting the City Clerk’s Office and on-line electronically with the agenda at: www.anaheim.net/councilagendas.) Reconvene the Anaheim City Council. 5:11 p.m. 3 August 29, 2023 5:00 P.M. MEMBERS PRESENT: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks. INVOCATION: Pastor Kyle Bonenberger, City Church FLAG SALUTE: Council Member Norma Campos Kurtz PRESENTATIONS: Recognizing Dr. Yadira Moreno and Artist Carla Roque for creating murals for all 23 Anaheim Elementary School District Schools Accepted by Dr. Yadira Moreno and Artist Carla Roque Recognizing Jason Perez for winning the donut eating contest at the National Night Out Accepted by Jason Perez Community Services Board Presentation Presented by Linda Barnett, Community Services Board Chair ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing September 2023, as National Preparedness Month Accepted by Chad Thompson, Deputy Chief, Anaheim Fire and Rescue Recognizing September 2023, as National Library Card Sign-Up Month Accepted by Don Hilliard, Library Technology Systems Administrator, Community Services Recognizing September 2023, as Hunger Action Month Accepted by Malia Cary, Government & Public Affairs Manager, Second Harvest Food Bank of Orange County Recognizing September 11, 2023, as Patriot Day Call to order the Anaheim Public Financing Authority, Anaheim Housing and Public Improvements Authority and Anaheim Housing Authority (in joint session with the City Council). 5:34 p.m. ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items): Twenty-three (23) in-person speakers; City Clerk Theresa Bass reported eight (8) public comments were received electronically prior to 5:00 p.m. Public Comments Submitted – August 29, 2023 City Council Meeting (limited to 90 minutes, or until all agenda item speakers have been heard; any time remaining shall be provided to non-agenda item speakers) COUNCIL COMMUNICATIONS: Council Member Leon stated that he was looking forward to additional discussions regarding the recommendations from the JL Group report. In addition, he requested to agendize an item to strengthen or establish a code of conduct for the City Council. He also requested more information regarding the City’s internal audit process. He invited District 2 business owners to a business community meeting on Wednesday, August 30th, from 4:00 p.m. to 6:00 p.m. at Mama Cozza’s restaurant to discuss different information and resources available for businesses. He shared that the Police Department, Public 4 August 29, 2023 Utilities Department, and Code Enforcement will be in attendance to answer questions on how assistance can be provided to businesses in District 2. He also invited residents to a coffee event on Thursday, August 31st at the Magnolia/Lincoln Starbucks from 4:00 p.m. to 6:00 p.m. and the senior appreciation day and resource fair at Modjeska Park on September 23rd from 9 a.m. to 1 p.m. Council Member Leon also congratulated the Central Library on their 60th Anniversary and noted he was able to attend their event and interacted with many community members over the weekend. He attended the One-Year Anniversary celebration of District 2’s Little Arabia designation and stated that he looks forward to the completion of the Brookhurst Corridor study later this year. Council Member Leon highlighted and displayed photographs recognizing House of Mandi located off Brookhurst Street as the August restaurant of the month. The restaurant is a great spot for authentic Middle Eastern food from Yemin because they have fresh ingredients, great desserts, and coffee as well. He invited everyone to visit the House of Mandi. For the business of the month, he recognized Blue Bell Nursery. The business owners, Jack and Arlene, have been part of the community for over 60 years. He shared that he remembers walking past their nursery every day to and from Maxwell Elementary School. He shared that Jack and Arlene requested that a second business also be recognized, and Council Member Leon recognized Starbread Bakery located off Ball Road, which is open from 6 a.m. to 6 p.m. every day. Council Member Kurtz stated that the JL Group investigation findings are of the utmost importance and will get the attention needed to ensure appropriate and very necessary changes. The City continues its operations, and all residents and businesses will continue to receive the services they deserve in this great City. She stated that employees need to know their work is appreciated, and they are valued. To that end, she thanked the Public Utilities, Police, Fire and Rescue, and Public Works departments for their work in making sure the City was safe and prepared for the storm. Council Member Kurtz highlighted and shared photographs of Tocumbo Ice Cream, which is located at Euclid Street and Ball Road and is owned by Anaheim residents Jennifer and Ricky Quiroz. They pride themselves on using fresh ingredients and being authentic to the Mexican culture. She invited everyone to visit Tocumbo Ice Cream to cool down and get a wonderful “paleta.” Council Member Faessel thanked residents who spoke during public comments and the three who contacted him by email. He stated that he finds it troubling that a fellow Council Member would infer that he should resign. He stated that the feeding frenzy would have him charged, convicted, and sentenced before having any opportunity to be heard. He shared that his passion for the City and community involvement spans over 50 years, and his reputation as a volunteer and community leader was well founded before he ever contemplated an elected life. He was shocked, stunned, and angered when he read the Federal Bureau of Investigation’s (FBI’s) allegations regarding Todd Ament and former Mayor Harry Sidhu’s actions. He shared that he has known Mr. Ament for 30 years and knew his father. To him, this betrayal was both professional and personal. Council Member Faessel stated that some residents have claimed that he was complicit in their criminal behavior. He displayed a slide with two statements of fact from former Mayor Sidhu’s guilty plea agreement with the United States District Attorney’s Office, which indicated that. Mr. Sidhu and Mr. Ament conducted their illegal actions in secret. He stated that met fully and freely with the City’s investigators and answered every question, and the blame for the corruption lies in the bad actors, not in those who were unaware of their corrupt activities. Council Member Faessel stated that he didn’t blame Mayor Aitken for the criminal actions of Melahat Rafiei who managed her first Mayoral campaign. But when Mayor Aitken stated that she knew nothing about Ms. Rafiei’s criminal activities, he extended to her the benefit of the doubt and believed that she spoke the truth and he still believes that her claim is true. He stated that he didn’t need to read a plea agreement to believe that the Mayor was unaware of Ms. Rafiei’s criminal activity. The statements of fact from Mr. Sidhu’s plea agreement make it clear that neither he nor the rest of the City Council had any knowledge of Mr. Sidhu and Mr. Ament’s illegal acts. Recent news articles indicate that he received an invitation via his personal email to attend three consecutive mock City Council meetings with members of the Angel’s Organization or SRB Management staff three years ago. While there is evidence that the email was indeed sent, he has no personal recollection of participating in those three meetings nor any record of having attended them. He does recall having met with Angels Baseball representatives on September 23, 2020 and announced that he had met with them at the following September 29, 2020 Council 5 August 29, 2023 meeting. He recalled former Council Members Kring and Barnes stating they also met with representatives of Angels Baseball a few days before the September 29th City Council meeting. Former Council Member Moreno also stated that he had met with Angels Baseball representatives a few months before. Those types of meetings are standard and acceptable and are held when an applicant’s request is about to go to a public hearing. He has similar meetings with representatives of the Anaheim Ducks to learn about the OCV!be project. As pointed out by former Council Member O’Neil in a recent Orange County (OC) Register article, he had participated in agenda review meetings with one or two Council colleagues to discuss important agenda items. These types of meetings are legal under the Brown Act, ethical, and common not just for City Councils but all levels of government. One recent OC Register article mentioned that three elected officials signed a letter referring to mock City Council meetings as a preordained plan. The officials demanded the immediate resignation of any elected official or City staff member who were influenced by this preordained plan. Council Member Faessel stated that he would like to go on record to say that he has never been influenced by a preordained plan, certainly not by a series of meetings that look like they may never have been held. As far as the Angels Baseball stadium sale, he based his decision on the following: First, the City of Anaheim commissioned two stadium property appraisals that valued the property at around $320 and $325 million respectively. Predicated upon the fact that the stadium retains 12,500 parking spaces. The critics of the deal overstated the property value by millions. None of those critics were appraisers involved in the valuation or sale of a professional sports stadium. The property valuations the City commissioned came from two licensed firms with experience in accessing the value of sports and entertainment properties and those appraisers were also commissioned by two different City Councils, two different City Managers, and two different Mayors. Second the plan included adding several acres of parks to District 5. District 5 possesses nearly the least park acreage in the entire City. Council Member Faessel shared that he has been championing city parks since the day he was elected. His first action as an elected official on December 13, 2016 was to request a comprehensive parks plan. Thereafter, he worked with former Council Member Barnes, City staff, and a consultant to publish the Anaheim Parks Plan. He shared that he was proud to say that more recently, he pushed for the City and Anaheim Union High School District to agree to reopen some of the athletic fields, including the one at Sycamore Junior High School. He pushed for the agreement despite the school district demanding it receive $50,000 in annual payments so Anaheim taxpayers and their children could use the fields. Third, between 2000 and 2004 he served on the General Plan Advisory Committee from which the Platinum Triangle plan evolved. He shared that he looks forward to what he anticipates will be a vibrant, walkable, in-services-rich neighborhood that uses the stadium as its center hub. During the 2008 economic crisis, he was then serving on the Planning Commission and saw the loss of development funding and the Platinum Triangle was no longer financially viable. At the time, the nearest grocery and shopping options were across the Santa Ana River in the City of Orange or up State College Boulevard at South Street. Today, the Platinum Triangle is still a food and shopping desert. Fourth, SRB Management agreed to a community workforce agreement, meaning Anaheim’s building trade residents would have local employment only a few minutes from their homes. He stated that he firmly believes that community workforce agreements have improved the quality of life for his neighbors since 2019 when he worked with a Council colleague to bring an agreement to Anaheim. Council Member Faessel shared that he recently was a strong voice at the Metropolitan Water District to enact its own project labor agreement. His support, incidentally of the community workforce agreement is a significant reason his political party refused to endorse him in his 2020 reelection. Fifth, the stadium deal would have brought about 1,000 units of affordable housing to Anaheim. Some of the units are for very low- and low-income families. He noted those units are incredibly difficult to build in Orange County, almost impossible. He voted yes on every affordable housing project brought before him as both a Planning Commissioner as well as a City Council Member and will continue to do so. Finally, he always looked to attract employers based on the tax revenue they bring to the City. That is why he is such a staunch and unapologetic supporter of Disney and the Resort District. The Resort District is responsible for over 50,000 jobs and hundreds of millions of dollars of tax revenues. The Transient Occupancy Tax alone is over half of the City’s General Fund. He referenced the dire financial straits the City was in due to the 2020 pandemic and the uncertainty of the effects on City services. The redevelopment of the stadium property combined with OCV!be, St. Joseph Hospital, Children’s Hospital of Orange County (CHOC), and UCI Medical Center would have created another huge economic engine for the City. The 6 August 29, 2023 City’s financial foundation would have been built on three diverse pillars, the Resort District, the Anaheim Canyon Train Station, and the Platinum Triangle. The project would have attracted young professionals to live in the Platinum Triangle communities. Those professionals would then look north to the neighborhoods along State College Boulevard, Sunkist Street, and Rio Vista Street to buy their starter homes when they were ready to have families. He mentioned the benefits of the stadium deal had it been successful, however, he voted in unity with the rest of the City Council to terminate the agreement and called for Mr. Sidhu’s resignation when the FBI revelations became known in May 2022. He stated that in every one of those votes, he voted for what was right because Mr. Sidhu and Mr. Ament proved to be cancers in the community. Their criminal action spoiled a fantastic opportunity because they used their power and position to take advantage of residents and they deserve their punishments. The focus now should rest solely on working together to regain public trust and set Anaheim back on a solid foundation, not on attacking each other. He recommended moving forward and working together to prevent those dark days from happening again. Council Member Faessel stated that he appreciates the reform items that Mayor Pro Tem Rubalcava agendized for later this evening. However, the second most important recommendation listed in the JL Group to reform the Mayor’s role in Anaheim and return the City back to its chartered City Council/City Manager form of governance is missing. All of this started because Anaheim Mayors were becoming more influential. Council Member Faessel mentioned Anaheim mayoral campaigns can reach into the multi-millions of dollars and shared his intent to agendize a discussion item to consider changing the City Charter back to an appointed Mayors position similar to several southern California communities. He expects there will be a robust discussion and asked City Council Members if they are brave enough for this type of reform. He hopes to use this opportunity to continue creating policies that meet our community’s affordable housing needs, improve the quality of lives for residents, and strengthen the City’s economic foundation so that Anaheim can thrive for more generations. Council Member Meeks stated that it is clear from the findings of the FBI and the JL Group investigation that unethical and criminal behavior occurred by the former Mayor and former CEO of the Chamber of Commerce. Whether their motive was power or greed there is no excuse for violating the public’s trust and misusing public funds. She condemned their actions and believed they should be punished to the fullest extent of the law. She remained committed to moving this City forward in an open and transparent way. Council Member Meeks was in support of implementing thoughtful sensible reforms that will protect the City from future corruption and unethical behavior. She did not support rash un-informed actions because she feels decisions need to be thoughtful and accurate. She noted reform has taken place and mentioned a high-powered official has been identified and removed from office. She believed that after two years of an FBI investigation, and $1.5 million spent on an internal investigation, the truth has been uncovered. She stated that is not the tip of the iceberg, it is the iceberg. There is no evidence from the FBI or the JL Group that would indicate the story is bigger than it is. She is supportive of reforms that will help protect the City from unethical and or criminal behavior, but she will not be supportive of criticisms to appear as if reform is taking place. Council Member Meeks stated that she supports the members of this City Council, the City Manager, and the Executive Team and believes that they can help move the City forward. She stated that she even supports some of the ideas championed by the former Mayor, although not the way they were implemented. She supports the emergency homeless shelter that was opened quickly after the former Mayor was elected. The shelter allows for dozens of people to be served in the coldest months and returns parks to the tax-paying residents. She mentioned she did not support implementing contracts that personally benefited anyone or didn’t provide full value for the funds being expended. She is in support of investing $250 million in neighborhoods over the next ten years with input from the community but does not support implementation of an outside process, outside of competitive bidding. She supports keeping the Angels in Anaheim but does not support a negotiation that is done in secret. She supports a negotiation process that includes transparency and an open conversation. Furthermore, she believes in scheduling a special meeting or several meetings to discuss and act on reforms as a good path forward. This way the Council can take their time to explore and understand all issues and options. This will allow for adequate research and educated recommendations. It will allow the public to review proposed actions and provide input. Having these special meetings agendized will also allow Council to stay on task at regular meetings and keep moving forward with the business of the City which is serving the people of Anaheim. 7 August 29, 2023 Mayor Pro Tem Rubalcava thanked members of the public and City Council colleagues who provided remarks. She thanked Community Services for all their work during the celebration of Chicano Heritage Month. She also recognized the Anaheim Public Library for implementing an educational element for Chicano Heritage Month which has a longer lasting impact in the community. Mayor Pro Tem Rubalcava announced a new mural planned at Little People’s Park to recognize and solidify the Chicano heritage in that area. September is suicide awareness month and in collaboration with Council Member Kurtz, and Anaheim High School an event will be hosted for youth. For more information, she encouraged residents to reach out to the District 3 office. Mayor Pro Tem Rubalcava shared that longtime District 3 resident Albert Hernandez passed away on August 16th. She also recognized Loretta Louise Negrete, a lifelong resident of the City, and shared that she grew up with her three sons. Ms. Negrete graduated from Anaheim High School and her husband worked for the City’s Public Works Department for 30 years. Mayor Pro Tem Rubalcava read Ms. Negrete’s obituary as follows: “In memory of Loretta Negrete who was born on October 14, 1958. She has left a long-lasting impact on the lives of those who have held her dear. She was a devoted wife to her beloved husband Joe Negrete and a nurturing mother to her three sons Joe, Louie, and Cesar. Loretta’s role as a grandmother brought immense joy to her heart as she cherished her five grandchildren, Joseph, Jordan, Jacob, Diego, and Nico. Her family circle extended to include two cherished daughters-in-law, Christina and Stacie. Her love and influence were not confined to her immediate family, she shared strong bonds with her sisters, Helen and Debra. Her legacy lives through the nieces and nephews who were touched by her kindness and guidance. Loretta’s journey has come to an end; however, her honor will always be remembered.” Mayor Pro Tem Rubalcava shared that she spent many years with Ms. Negrete and also benefited from her kindness and she wanted to ensure the City recognized someone who has contributed so much to the City of Anaheim with this memory. She requested that the meeting close in memory of Loretta Negrete. Council Member Diaz stated that he has lived near Beach Boulevard for more than 20 years and raised his kids there. He has always listened to politicians promising to clean up the area with no results. After Propositions 47 and 57 passed, he decided to run for office to clean up Beach Boulevard. He shared that on July 1, 2023, California Governor Newsom signed Senate Bill 357, the Safer for All Act, which allows the solicitation of prostitution to be legal. This allows for resources to help the women involved with prostitution. Additionally, the amount of phone call complaints and crime surrounding Beach Boulevard has diminished by 90%. He shared that remediation work has started at the vacant lot at the corner of Beach Boulevard and Lincoln Avenue and construction will commence soon. Council Member Diaz stated that his concentration and commitment to the residents who elected him is to continue cleaning up and improving Beach Boulevard for the future. He highlighted and displayed photographs of El Rancho Meat Market. The market is open every day from 8:00 a.m. to 9:00 p.m. and mentioned the owner is always there working long hours. They offer a great selection of food, produce, and meat and offer great prices and excellent customer service. He shared that the working class does their grocery shopping there because the prices at El Rancho Meat Market are more affordable compared to big supermarkets. El Rancho Meat Market is located at 221 South Magnolia Street. Council Member Diaz encouraged everyone to support local businesses because most owners work tremendous amounts of hours to support their families. Mayor Aitken highlighted and displayed photographs of events she participated in. She thanked the Economic Development Department team for the amazing tour of the Brookhurst Street Corridor. The community was invited out there to walk the area, give ideas moving forward, and make sure it is a plan that benefits the community at large. While in the area she was able to stop by Cortina’s Italian Market, one of her favorite places. She highlighted Cortina’s has walls of olive oil, amazing desserts, and is an amazing family business. She also shared that Yesenia Rojas invited her to participate in an event where the Governor of Guanajuato, Mexico Diego Sinhué Rodríguez Vallejo and former Mexico President Vicente Fox participated in a ceremony where Anaheim residents were able to obtain their dual citizenship and participate fully in some of the elections and benefits of citizenship in Mexico. She attended the one-year anniversary of the Little Arabia designation at House of Mandi, a local Yemeni restaurant. It was wonderful to see the excitement in the community and the pride in their culture. She looks forward to working with everyone as the City moves forward with the Brookhurst Street Corridor. 8 August 29, 2023 Mayor Aitken shared that she would like for immigrants to know that they are welcome in Anaheim, whether they have been here a while or are new to the City. Mayor Aitken stated she was concerned that she was going to hear from dais and people in the community that the City should just move forward and not address any of the problems that were in the JL Group report. She clarified that she was not willing to do that and as far as one of her City Council colleagues is concerned, she was very thoughtful not to mention a name in her statement. What she asked was that if the certain Council Member has information or participated in something that was outlined in the FBI and Attorney General corruption probe, that Council Member should come forward and shed light and information on what has been done and if in fact those things were done, that the certain Council Member should resign. She stated that she stands by her statement. Mayor Aitken stated that she is worried that everyone is focusing on what is illegal and legal and not also acknowledging that there is a duty to do what is ethical. Council Members should hold themselves to a higher standard. She stated that laws were broken and the fact that people were using their personal emails, avoiding government records, and not turning over personal emails either in lawsuits, Brown Act lawsuits, and California Records Act requests is against the law. She stated that having meetings, discussions, rehearsed meetings with Council colleagues, and not listening to public comment, might not be illegal but it is certainly unethical. When there is a group of Council Members getting together with the sole purpose of coordinating an attack on a Council colleague, that may not be illegal, but it is certainly unethical. Mayor Aitken stated that she couldn’t believe that half of the reforms had to be placed on the agenda, but clearly, the City must right some wrongs. As the City moves forward, she does not mind that she is not acknowledged for some of the reforms she brought forward because what she cares about is getting things done. She was born and raised in the City, she loves the City, and she is not going to brush the investigation under the rug and pretend it didn’t happen. Mayor Aitken stated that she has a problem when the only reform brought forward by a Council colleague since the JL Group report came out was to go after the first female elected Mayor. She commented that there is a saying in Spanish, “Dime con quién andas, y te diré quién eres,” which translates to “Tell me who you walk with and that shows me who you are.” She stated there is a problem with someone who is only aligned with special interests, a corrupt Mayor, and the only suggestion to make this City a better place is to go after somebody who is advocating for reform. CITY MANAGER’S UPDATE: City Manager Vanderpool shared that on Saturday, September 9th, the Community Services Active Older Adult program will be co-hosting a Care Giver Workshop in collaboration with A.A.R.P. and Congressman Lou Correa’s Office at the Downtown Anaheim Community Center from 11 a.m. to 2 p.m. This workshop is designed to provide information, resources, and supportive services to residents who are caring for their aging family members and people of all ages with intellectual and physical disabilities. Multiple speakers will cover information on systems of support and will be available to answer any questions attendees may have. This workshop is free. For registration or any additional information, please contact Janet Brown with Congressman Lou Correa’s Office at (714) 401-2834. Remediation work at 39 Commons has begun on-site. Earlier this month, the Orange County Health Care Agency approved a cleanup plan for the Davis Mudd Pitt, a former landfill along the western edge of the property. Removal of soil will take place over the coming months, and new soil will be brought in to prepare the site for the first phase of retail development. City staff is working with the developer, 39 Commons Partners on the submittal of plans to plan-check. The first phase of retail will consist of new eateries and shops. Construction is anticipated to begin in 2024. City Manager Vanderpool stated that the Public Works Department was phenomenal during the recent storm. Public Works distributed over 40 tons of sand (2,500 sandbags) helping residents and businesses in preparation for the storm. The Public Works, Police, and Fire and Rescue departments responded to 117 calls for service of which 108 were calls for down trees and branches. Staff also collected over 120 tons of debris from the storm. The Public Works team was on hand to take care of the community during the storm and will continue to provide excellent services to the City. 9 August 29, 2023 Recess the Anaheim City Council, Anaheim Housing and Public Improvements Authority, and Anaheim Housing Authority. 7:35 p.m. 5:00 P.M. - PUBLIC FINANCING AUTHORITY MOTION: NM/CL to approve the consent calendar as presented. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 1. RESOLUTION NO. APFA-2023-003 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANAHEIM PUBLIC FINANCING AUTHORITY amending the dates and times for regular meetings of the Authority for the 2023 calendar year and rescinding Resolution No. APFA-2023- 002 (rescheduling the meeting of September 19 to September 12, 2023). 2. Approve minutes of the Public Financing Authority meeting of March 28, 2023. Adjourn the Anaheim Public Financing Authority. 7:36 p.m. Reconvene the Anaheim Housing and Public Improvements Authority. 7:36 p.m. 5:00 P.M. – HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY MOTION: NM/CL to approve the consent calendar as presented. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 3. RESOLUTION NO. AHPIA-2023-003 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY amending the dates and times for regular meetings of the Authority for the 2023 calendar year and rescinding Resolution No. AHPIA-2023-002 (rescheduling the meeting of September 19 to September 12, 2023). 4. Approve minutes of the Housing and Public Improvements Authority meeting of March 28, 2023. Adjourn the Anaheim Housing and Public Improvements Authority. 7:37 p.m. Reconvene the Anaheim Housing Authority. 7:37 p.m. 10 August 29, 2023 5:00 P.M. - HOUSING AUTHORITY MOTION: NM/NK to approve the Consent Calendar as presented. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 5. RESOLUTION NO. AHA-2023-006 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY amending the dates and times for regular meetings of the Authority for the 2023 calendar year and rescinding Resolution No. AHA-2023-002 (rescheduling the meeting of September 19 to September 12, 2023). 6. Approve minutes of the Housing Authority meeting of August 15, 2023. Adjourn the Anaheim Housing Authority. 7:38 p.m. Reconvene the Anaheim City Council. 7:38 p.m. 5:00 P.M. - CITY COUNCIL Item pulled for discussion: Mayor Pro Tem Rubalcava: Item Nos. 9, 14 Council Member Kurtz: Item Nos. 8, 13 MOTION: __NR/SF___ Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 7. Receive and file minutes of the Library Board meeting of July 10, 2023. 8. Approve recognition recognizing Anaheim Union High School District’s mental health awareness programs. Item No. 08 Discussion. MOTION: NK/NR ROLL CALL VOTE: 7-0. Motion carried. 9. Approve and authorize the City Manager to execute the City Council’s response to the Presiding Judge of the Orange County Superior Court, prior to September 13, 2023 related to the 2022- 2023 Orange County Grand Jury report titled “Welcome to the Neighborhood: Are cities responsibly managing the integration of group homes?”. Item No. 09 Discussion. MOTION: NR/NM ROLL CALL VOTE: 7-0. Motion carried. 10. Award the contract to the lowest responsible bidder, G2 Construction, Inc., in the amount of $509,895, for the Catch Basin Screen Installation Project; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine that the project is categorically exempt from the California 11 August 29, 2023 Environmental Quality Act pursuant to Section 15301(b) of Title 14 of the California Code of Regulations; and direct the Director of Finance to execute the Escrow Agreement pertaining to contract retentions. 11. Approve the First Amendment to the Service and Software License Agreement with Civic Plus, LLC., increasing the compensation amount from $250,000 to $500,000 and extending the term for an additional five years, for CivicRec registration and facility booking software; and authorize the Director of Community Services, or designee, to execute the amendment and related documents and to take the necessary actions to implement and administer the amendment. 12. Approve an agreement with the Hyas Group, in a total amount not to exceed $198,776, to provide professional services and act as co-fiduciary regarding Anaheim’s Defined Contribution Programs for a three year period with two one-year optional renewals; and authorize the City Manager to execute the agreement, and the Human Resources Director, or designee, to implement and administer the agreement. 13. Approve the 2024 Health and Welfare Plan Carriers and Rates and authorize the Human Resources Director, or designee, to enter into and execute all required provider agreements and to take the necessary actions to implement and administer the agreements. Item No. 13 Discussion. MOTION: NK/NR ROLL CALL VOTE: 7-0. Motion carried. 14. RESOLUTION NO. 2023-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees represented by the International Brotherhood of Electrical Workers, Local 47 - General Unit [effective January 1, 2023 through January 1, 2026]. Item No. 14 Discussion. MOTION: NR/SF ROLL CALL VOTE: 7-0. Motion carried. 15. RESOLUTION NO. 2023-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees represented by the International Brotherhood of Electrical Workers, Local 47, Professional Management Unit and Part-Time Management Unit [effective January 20, 2023 through January 15, 2026]. 16. RESOLUTION NO. 2023-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to grant a franchise to SFPP, L.P., for the right to maintain and operate a system of pipelines for oil, gas and other substances in certain public streets within said City of Anaheim and establishing a time and date of a public hearing to consider such franchise amendment [includes determination that the proposed Franchise will not cause a significant effect on the environment and is categorically exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 15284 (Pipelines) of Title 14 of the California Code of Regulations; Public Hearing scheduled for September 26, 2023]. Approve a Memorandum of Understanding (MOU) with SFPP, L.P., to establish mutual promises and obligations to realign an existing pipeline located at Lincoln Avenue and Manchester Court at SFPP’s sole cost, and authorize the City Manager to execute the MOU. 12 August 29, 2023 17. RESOLUTION NO. 2023-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the "East Anaheim Master Plan of Sanitary Sewers Financial Implementation Plan June 2023.” 18. RESOLUTION NO. 2023-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Workforce Innovation and Opportunity Act Subgrant Agreement between the City of Anaheim and the State of California for the term of April 1, 2023 through June 30, 2025 [includes determination that approval of the agreement is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections15060(c)(3), 15061(b)(3), and 15378(b)(4); Workforce Innovation and Opportunity Act Subgrant Agreement is in the amount of $805,594]. 19. Approve minutes of the City Council meeting of May 2, 2023. BUSINESS CALENDAR: 7:52 p.m. 20. Discussion, consideration, and action regarding setting a priority list of reforms stemming from the recommendations from the JL Group investigative report, including but not limited to scheduling experts with subject matter expertise, and creating a transparent and public path forward. Item No. 20 Discussion. MOTION: SF/NM setting a priority list of reforms stemming from the recommendations from the JL Group investigative report and calendaring for future meetings. ROLL CALL VOTE: 7-0. Motion carried. 21. RESOLUTION NO. 2023-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the dates and times for regular meetings of the Anaheim City Council for the 2023 calendar year and rescinding Resolution No. 2023-024 (rescheduling the meeting of September 19 to September 12, 2023; including the potential of adding additional meetings to address the recommendations from the JL investigative report). Item No. 21 Discussion. MOTION: NM/NR rescheduling the meeting of September 19 to September 12, 2023. ROLL CALL VOTE: 7-0. Motion carried. 22. Receive an update on the Council’s prior direction regarding Visit Anaheim, including (1) exploring Visit Anaheim’s subcontracting relationships with the Anaheim Chamber of Commerce (“Chamber”) without the City’s written authorization, (2) halting the provision of Anaheim Tourism Improvement District funds to the Chamber pending the completion of a state audit, and (3) exploring additional financial back-up information for Visit Anaheim’s budgeting submissions; and provide any related direction to staff. Discussion. Informational item; no action taken. 23. RESOLUTION NO. 2023-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting changes to the Personnel Rules for Non-represented Full-Time and Part- Time Employees to include rules for Full-Time Hourly Employees and changing pay rates for designated classifications covered by such rules and repealing Resolution Nos. 2022-139, 2023- 043 and 2023-063 [action includes rules for the newly-created category of Non-Represented Full- Time Hourly Employee to apply to the Executive Secretary - Employee Relations, as well as to any other non-represented full-time hourly classification; updates to reflect the pay ranges for full- time non-represented, nonsworn employees (Executive Secretary – Employee Relations) and to correct a typographical error in the salary range of the Chief Policy Advisor to the Mayor; change in pay range assignments for the Chief Policy Advisor to the Mayor, Senior Policy Aide, Council 13 August 29, 2023 Policy Aide II, and Council Policy Aide I; and further amend the Personnel Rules and Policies to reflect the pay range assignment changes]. Increase the City Council FY 2023/24 budget by $43,840. Item No. 23 Discussion. MOTION: NM/NR to approve the revised Personnel Rules and Policies covering Non-Represented Full-Time and Part-Time Employees to include rules and pay range for Full-Time Hourly Employees and correct salary range error. ROLL CALL VOTE: 7-0. Motion carried. MOTION: JD/AA to approve pay range changes for Chief Policy Advisor to the Mayor (maximum 3% increase per year), Senior Policy Aide, City Council Aide II and City Council Aide I, and City Council budget increase of $43,840. ROLL CALL VOTE: 6-1. (AYES: Mayor Aitken and Council Members Diaz, Leon, Kurtz, Faessel, and Meeks; NOES: Mayor Pro Tem Rubalcava). Motion carried. 24. Receive an update on Republic Services Customer Service, including short-term and long-term solutions to address current challenges [Informational Item]. Discussion. Informational item; no action taken. 25. District 1 and 2 appointments to the Sister City Commission with terms ending December 31, 2024 and December 31, 2026, respectively. Sister City Commission District 1 appointment Marlena Truong (term ending December 31, 2024) NOMINATION: Council Member Diaz nominated Marlena Truong. ROLL CALL VOTE: 7-0. Nomination approved. District 2 appointment Deana Helmy (term ending December 31, 2026) NOMINATION: Council Member Leon nominated Deana Helmy. ROLL CALL VOTE: 7-0. Nomination approved. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non-agenda items): None (opened only if any remaining non-agenda speakers were not called to speak during the first Public Comment period) COUNCIL AGENDA SETTING: Council Member Diaz requested an agenda item to prohibit City Council Members from directly negotiating real estate deals by implementing a policy similar to labor negotiations. City Attorney Robert Fabela clarified that labor negotiations can be discussed in closed session, but real property negotiations must be directed in an open session. Council Member Diaz requested a memo regarding how the City will implement and enforce the personal security device requirement for hotels, specifically for motels located on Beach Boulevard. 14 August 29, 2023 Council Member Leon requested an agenda item to strengthen or establish a code of conduct for the City Council. He also requested to recognize Cortina’s Italian Market & Eatery for their 60th anniversary in October 2023. Mayor Pro Tem Rubalcava requested a recognition for Hope House for their mental health and addiction treatment services and a recognition for Cambria Hotel employee, Gerado Ceja, for saving the life of a nine-month-old child. Council Member Kurtz requested an agenda item to discuss receiving input from the community in a public forum, outside of a City Councill meeting, as reform discussions continue regarding the JL Group Investigation Report. Mayor Aitken requested clarity on what the City’s relationship is with the JL Group now that the report is completed, and asked if the JL Group could answer questions regarding their findings in a community forum. City Attorney Fabela responded that the City Council conditioned that the JL Group not speak to the media until after completion of the report and the report is now complete, however, there are certain portions of the report that are redacted and the JL Group still has an obligation to keep that information confidential. ADJOURNMENT: 10:40 p.m. in memory of Loretta Louise Negrete. Next regular City Council meeting is scheduled for September 12, 2023. All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net/councilagendas, and the Central Library. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 during regular business hours and by contacting the office by phone, 714- 765-5166, or email to cityclerk@anaheim.net. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, by telephone at (714) 765-5166, or via email to cityclerk@anaheim.net, no later than 8:00 AM on the day of the scheduled meeting. TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist, the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. For translation services in other languages, contact the City Clerk’s office no later than 48 hours prior to the scheduled meeting. 15 August 29, 2023 VIEW CITY COUNCIL MEETINGS LIVE AND ARCHIVED: Anaheim City Council meeting videos can be viewed live on the City’s website at www.anaheim.net/councilvideos. POSTING STATEMENT: On August 24, 2023, a true and correct copy of this agenda was posted on the kiosk outside City Hall, 200 S. Anaheim Blvd., Anaheim, CA. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at www.anaheim.net.