12-05-23_Action with Comments
ANAHEIM CITY COUNCIL
ACTION AGENDA
DECEMBER 5, 2023
CITY COUNCIL
HOUSING AUTHORITY
ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Housing and Public Improvements Authority begin at 5:00 P.M. Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted. Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chamber, 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting. REPORTS: All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net/councilagendas. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) are available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net.
PUBLIC COMMENTS: There are two Public Comment periods with speakers having one opportunity to address the City Council, except for scheduled public hearing items. Public comments are limited to three (3) minutes per speaker, unless a different time limit is announced. The City uses speaker cards that must be submitted to the City Clerk in order to address the City Council. Prior to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session for the first Public Comment period where speakers will be permitted to speak on specific agenda item(s). This first Public Comment period is limited to 90 minutes or until all agenda item speakers have been heard, whichever is later. Any remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is exhausted. The second Public Comment period will be opened by the Mayor if any non-agenda item speakers were not called during the first Public Comment period. For public hearings, the Mayor or Chairperson will separately call for testimony at the time of each public hearing. Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or Chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. Speakers shall refrain from profane language and other disruptive remarks or behavior which disrupts or disturbs the meeting, or risk being removed (AMC 1.12.017). Additionally, members of the public may correspond with the City Council and all other related agencies, on any agenda items or matters within the jurisdiction of such governing bodies, by submitting comments electronically for City Council consideration by sending them to publiccomment@anaheim.net. To ensure distribution to the City Council prior to consideration of the agenda, please submit comments at least 2 hours prior to the scheduled start time of the meeting. Those comments, as well as any comments received after that time, will be distributed to the City Council, posted on the City’s website, and will be made part of the official public record of the meeting. Current and archived public comments are available at www.anaheim.net/publiccomment. Contact the City Clerk’s Office at 714-765-5166 or cityclerk@anaheim.net with any questions. ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency. CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless a member(s) requests an item(s) be discussed and/or removed from the Consent Calendar for separate action.
SERVICIOS DE TRADUCCION (TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH): La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada.
Ashleigh E. Aitken Mayor Natalie Rubalcava
Mayor Pro Tem District 3 Jose Diaz Council Member District 1 Carlos A. Leon Council Member District 2 Norma Campos Kurtz Council Member District 4 Stephen Faessel Council Member District 5 Natalie Meeks Council Member District 6
200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net
2 December 5, 2023
ANAHEIM CITY COUNCIL
ANAHEIM, CALIFORNIA
DECEMBER 5, 2023
4:30 P.M.
Call to order the Anaheim City Council. 4:30 p.m.
MEMBERS PRESENT: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks.
4:30 P.M. - CLOSED SESSION
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Recess to closed session. 4:30 p.m.
1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case Reconvene the Anaheim City Council. 5:05 p.m.
5:00 P.M.
INVOCATION: Pastor Nate Snyder, Influence Church
FLAG SALUTE: Council Member Stephen Faessel
PRESENTATIONS: Recognizing Hope House for their work in the Community
Accepted by Hope House staff.
Check Presentation by CalOptima Health for grants awarded to the City of Anaheim and Anaheim Housing Authority to support the Finamore Place
Affordable Rental Apartment project and the North Harbor Permanent Supportive Apartment Community Presented by CalOptima Health, Chief Operating Officer Yunkyung Kim, Orange County Board of Supervisors, Supervisor Doug Chaffee, and Orange County Board of Supervisors, Supervisor Vicente Sarmiento.
Call to order the Anaheim Housing Authority (in joint session with the City Council). 5:20 p.m.
ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items): Ten (10) in-person speakers; City Clerk Theresa Bass reported two (2) public comments were received electronically prior to 5:00 p.m. (Total of two (2) public comments received via email). Public Comments Submitted – December 5, 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)
3 December 5, 2023
COUNCIL COMMUNICATIONS:
Council Member Meeks requested the meeting adjourn in memory of Orange County Water District Member Kelly Rowe.
Council Member Diaz shared that on Saturday, December 9th at Peter Marshall Park two new playgrounds will be built, and volunteers are needed from 8:00 a.m. to 3:00 p.m. The playground is sponsored by the Anaheim Ducks, and it’s being built in partnership with Kaboom! And the Boys and
Girls Club of Greater Anaheim-Cypress.
Council Member Leon reminded everyone of the upcoming free vaccine clinic in collaboration with Abrazar and Mercy Health on Saturday, December 9th from 9:00 a.m. to 12:00 p.m. at St. Justin Martyr Catholic Church. Flu shots and COVID vaccines will be available. Please bring identification and proof of insurance if applicable. He repeated his comments in Spanish. Council Member Leon congratulated and thanked all of the organizers and volunteers of the West Anaheim Tree Lighting Ceremony. It was a great opportunity to come together and ring in the holiday season. He shared that he had the opportunity to attend Savanna High School and Brookhurst Junior High School Global Leadership and Language Academy Career Day. He was joined by several distinguished guests including Assembly Member Sharon Quirk-Silva.
Mayor Pro Tem Rubalcava highlighted a car show in District 3 and thanked the Downtown Anaheim
Association because the event was in jeopardy of not taking place this year. She thanked Economic Development Director Sergio Ramirez because he was instrumental in helping her work with the Association and OC Impalas to make sure the event moved forward. She encouraged everyone to stop
by the car show on Saturday December 9th and bring a toy because there are several toy drives in the area. On Christmas Eve, she will be working with K&A Cafe for their annual free brunch.
Council Member Faessel shared that the Orange County Justice Center is an important asset in the City
that helps protect battered families. Part of their treatment programs that they offer is a dance for their teens. Last week they were able to open a dance studio on their property. He was invited by their Board Members and staff and it was wonderful to see the talent that the young teens have. He attended the
Twila Reid Tree Lighting Ceremony and there were over 500 residents in attendance. Council Member Faessel shared that Muzeo Express Holiday Model Trains Exhibit is now open at the Muzeo.
Mayor Aitken stated that the holiday season is in full swing and hoped that everyone had a wonderful Thanksgiving and had opportunities to see some of the amazing things that are done around the City of Anaheim. She along with some of her City Council colleagues attended the Twila Reid Tree Lighting Ceremony. She thanked City staff for organizing the event. She also attended Disneyland’s Candlelight Ceremony with Brie Larson who was their celebrity guest and highlighted the story of Christmas and the Nativity. She thanked the Nutcracker Tree Lighting Committee and City staff for organizing one of the
best downtown tree lighting ceremonies that she has ever been to. She invited everyone to stop by City Hall to see the tree and take pictures. Mayor Aitken noted that the Anaheim Ballet and Anaheim Union High School District Choir performed, and Sean Oliu was in attendance. She also was able to provide a
tour of City Hall to a group of Cub Scouts and thanked Public Utilities General Manager Dukku Lee, Community Services Park Manager JJ. Jimenez, and Chief of Police Rick Armendariz for speaking to the kids about their responsibilities and answering questions.
CITY MANAGER’S UPDATE:
City Manager Vanderpool expressed his appreciation to City staff for an amazing tree lighting event. He stated he was proud of staff for everything they accomplished to make the event special.
Recess the Anaheim City Council. 6:07 p.m.
4 December 5, 2023
5:00 P.M. - HOUSING AUTHORITY.
CONSENT CALENDAR:
MOTION: NM/CL to approve the Consent Calendar as presented. ROLL CALL VOTE: 7-0. Motion carried.
1. Approve the First Amendment to Affordable Housing Agreement; First Amendment to Authority Other Funds Note Promissory Note Secured by Deed of Trust; First Modification of Deed of Trust and Assignment of Rents; First Amendment to Ground Lease; and Memorandum of First
Amendment to Ground Lease (Amendments), in substantial form, with Manchester Housing Partners, LP, in an amount of up to $2,750,000, for the Finamore Place Affordable Housing Project (formerly Manchester/Orangewood Affordable Rental Housing Development) to provide
additional funding assistance in whole or in part from the Authority’s Low and Moderate Income Housing Asset Fund and CalOptima Health City awarded funds; authorize the Executive Director of the Anaheim Housing Authority, or designee, to execute and administer the Amendments and
enter into subsequent agreements necessary to implement the project, provided that such agreements do not materially increase or extend the assistance provided by the Authority under the Amendments; and authorize de minimis changes that do not substantially change the terms and conditions of the Amendments as determined by the Office of the City Attorney [915 E. Orangewood Avenue].
Approve a Cooperation Agreement, in substantial form, with the City of Anaheim to transfer $1,500,000 in CalOptima Health funds, and authorize the Executive Director of the Anaheim Housing Authority, or designee, to execute and administer the agreement (related to City Council
Agenda Item No. 13).
Adjourn the Anaheim Housing Authority. 6:08 p.m.
Reconvene the Anaheim City Council. 6:08 p.m.
5:00 P.M. - CITY COUNCIL
Item pulled for discussion: Council Member Leon: Item No. 4 Mayor Pro Tem Rubalcava: Item No. 6 Council Member Meeks: Item No. 15 Mayor Aitken: Item No. 14
Council Member Kurtz disclosed that she received a campaign contribution of over $250 within the last 12 months from a party involved in Item No. 8. It is her understanding that the party will come back before the City Council at a future meeting to seek an amendment to their development agreement. Pursuant to the Levine Act, she will be returning that amount to the campaign contribution above $250
within the required timeframe if she intends to participate in the item regarding this party in the future.
MOTION: SF/NM to waive reading of all ordinances and resolutions and adopt the consent calendar.
5 December 5, 2023
CONSENT CALENDAR:
2. Receive and file the Library Board Report dated October 9, 2023 and the minutes of the Library Board meeting of October 9, 2023.
3. Approve recognitions for Frank Garcia for his years of service to the Anaheim community; Awards by Paul for their 45 years of business; Green Bird for their 10 years of service to the City of Anaheim; and the 2023 graduates of the Emprendedor@s Program.
4. Approve the list of recurring annual recognitions for calendar year 2024. Item No. 04 Discussion. MOTION: NR/CL to add National Voter Registration Date on September 17, 2024 and a water appreciation day to the list. ROLL CALL VOTE: 7-0. Motion carried.
5. Approve the 2024 Investment Policy for the City of Anaheim.
6. Amend the Fiscal Year 2022/23 budget by increasing appropriations in the City Administration Department by $3,400,000 for costs associated with the independent investigation and the provision of homeless shelter services. Item No. 06 Discussion. MOTION: NR/SF ROLL CALL VOTE: 7-0. Motion carried.
7. Approve carryover expenditure appropriations of $131,284,780 from Fiscal Year 2022/23 to Fiscal Year 2023/24 for projects previously approved by the City Council but not completed.
8. Determine, on the basis of the evidence submitted by STC GardenWalk LLC; GardenWalk Hotel I, LLC; and, Westgate Resorts Anaheim, LLC, that the Anaheim GardenWalk Project is not in compliance with the terms and conditions of Development Agreement No. 99-01 for the 2023
review period ; and direct staff to provide notice of City Council’s intent to establish new development timeframes at a noticed public hearing [specialty retail, dining, and entertainment center integrated with multiple hotels and a transportation center, on approximately 20.3-acres,
located between Katella Avenue and Disney Way, west of Clementine Street].
9. Award an agreement to Los Angeles Truck Centers, LLC, in an amount not to exceed $49,407.28 plus applicable sales tax and a 20% contingency, to provide Freightliner truck parts on an as-needed basis for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent, or designee, to enter into and execute the agreement, any amendments, and any renewal options in accordance with Bid #9734.
10. Award agreements to Rush Truck Centers and Western Truck Exchange, in a combined amount not to exceed $107,757.88 plus applicable sales tax and a 20% contingency, to provide automotive repair parts on an as-needed basis for a one year period with four one-year optional renewals; and authorize the Purchasing Agent, or designee, to enter into and execute the agreements, any amendments, and any renewal options in accordance with Bid #9736.
6 December 5, 2023
11. Authorize an increase to the current Master Agreement with Orkin Pest Control, in the amount of $50,000 to an increased amount not to exceed $145,000, to accommodate an increase in required services for the citywide pest control services agreement expiring December 22, 2023;
authorize an amount not to exceed $175,000 for the exercising of future renewal options; and authorize the Purchasing Agent, or designee, to execute any amendments and renewal options in accordance with the terms from Sourcewell Cooperative Contract #042121-ORK.
12. Approve the Subrecipient Agreement with the Anaheim Transportation Network, in substantial form, in an amount not to exceed $1,300,000, for the construction of Anaheim Transportation Network facilities; authorize the Director of Public Works, or designee, to execute the agreement and related documents; authorize de minimis changes to the Subrecipient Agreement that do not substantially change the terms and conditions as determined by the City Attorney’s Office; and increase the Public Works Fiscal Year 2023/24 revenue and expenditure budget in restricted transit grants by $1,300,000.
13. Approve a Cooperation Agreement with the Anaheim Housing Authority, in substantial form, to transfer $1,500,000 in CalOptima Health funds, and authorize the Director of Housing and Community Development, or designee, to execute and administer the agreement; and authorize de minimis changes that do not substantially change the terms and conditions of the agreement
as determined by the Office of the City Attorney (related to Housing Authority Item No. 1).
14. Approve a Right of Entry and License Agreement, in substantial form, with JJTS, INC., dba JR Wheels & Tires, with a monthly license fee of $5,500, for the commercial building and property
located at 1687 W. Lincoln Avenue for a three year term; authorize the Director of Economic Development, or designee, to execute and implement the terms of the agreement; and authorize de minimis changes that do not substantially change the terms and conditions of the agreement
as determined by the Office of the City Attorney. Item No. 14 Discussion. MOTION: JD/NR ROLL CALL VOTE: 6-1. (AYES: Mayor Pro Tem Rubalcava and Council Members Diaz, Leon, Kurtz, Faessel, and Meeks; NOES: Mayor Aitken). Motion carried.
15. ORDINANCE NO. 6563 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Sections 1.11.010 (Definitions), 1.11.070 (Lobbyist Registration) and 1.11.090 of Chapter 1.11 (Sunshine Provisions) of the Anaheim Municipal Code to strengthen and expand the regulations applicable to lobbyists, and Section 1.11.080 (Revolving Door) to modify the restrictions on employment of lobbyists and require lobbyists who act as advisors to City Official(s) to report their activity [introduced at the Council meeting of November 28, 2023, Item No. 31]. 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). Item No. 15 Discussion. MOTION: JD/AA ROLL CALL VOTE: 5-2. (AYES: Mayor Aitken and Council Members Rubalcava, Leon, Kurtz, and Faessel; NOES: Council Members Diaz and Meeks). Motion carried.
7 December 5, 2023
BUSINESS CALENDAR: 6:27 p.m.
16. Nominate and appoint one Council Member to serve as Mayor Pro Tem for the 2024 calendar year, effective January 1, 2024.
APPOINTMENT: Council Member Norma Campos Kurtz Item No. 16 Mayor Aitken nominated Council Member Kurtz. Council Member Meeks stated she was also going to nominate Council Member Kurtz. She thanked Mayor Pro Tem Rubalcava for her year of service and taking on the additional responsibilities. ROLL CALL VOTE: 7-0. Nomination approved. Council Member Kurtz thanked Mayor Aitken for the nomination and thanked her Council colleagues for the appointment.
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: Mayor Pro Tem Rubalcava requested an overview of the Hotel Worker Protections Ordinance and how it will be implemented.
Council Member Meeks noted that the City’s Transient Occupancy Tax (TOT) often comes in over budget and requested a list of community driven one time improvement projects that can be delivered to the community when the TOT is over the expected budget amount.
Council Member Diaz also requested an overview of how the Hotel Worker Protections Ordinance and how it will be implemented at the Beach Boulevard Hotels and Hotels along Lincoln Avenue.
Council Member Kurtz requested information on the last six months of the TOT so that residents could see how much the community is benefiting.
Mayor Pro Tem Rubalcava requested recognizing Anaheim High School’s Boys Water Polo Team for making it to the CIF-Southern Section Division 6 final.
ADJOURNMENT: 6:33 p.m. in memory of Kelly Rowe, Orange County Water District Member.
Next regular City Council meeting is scheduled for December 12, 2023.
8 December 5, 2023
All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net/councilagendas, and the Central Library. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 during regular business hours and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net.
If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or
services, in order to participate in the public meeting may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, by telephone at (714) 765-5166, or via email to
cityclerk@anaheim.net, no later than 8:00 AM on the day of the scheduled meeting.
TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist, the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. For translation services in other languages, contact the City Clerk’s office no later than 48 hours prior to the scheduled meeting.
VIEW CITY COUNCIL MEETINGS LIVE AND ARCHIVED: Anaheim City Council meeting videos can be viewed live on the City’s website at www.anaheim.net/councilvideos.
POSTING STATEMENT: On November 30, 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.