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
ANAHEIM CITY COUNCIL
AGENDA
MAY 16, 2023
TELECONFERENCE NOTICE
Pursuant
to Government Code Section 54953, Subdivision (b), the regular meeting will include teleconference participation by Council Member Norma Campos Kurtz from:
513 Tayrn Dr., Charleston, South Carolina 29492. This Notice and Agenda will be posted at the teleconference location. Public comment on the agenda from this address shall be allowed pursuant to Government Code Section 54954.3. �
ORDER OF BUSINESS:
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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.
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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.
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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.
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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.
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REPORTS:
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All agenda items and reports are available for
review in the City
Clerk�s Office and
www.anaheim.net/councilagendas.
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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., 2
nd
Floor, Anaheim,
CA 92805 and by contacting the office by phone, 714-765-5166, or email to [email protected]
.
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PUBLIC COMMENTS:
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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.
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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).
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This
first Public Comment period is limited to 90 minutes or until all agenda item speakers have been heard, whichever is later.
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Any remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is exhausted.
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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.
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For public hearings, t
he Mayor or
Chairperson will separately call for testimony at the time of each public hearing.
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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
[email protected]
.
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
[email protected]
with any questions.
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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.
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CONSENT CALENDAR:
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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.
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SERVICIOS DE TRADUCCION
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(TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA
FOR DESCRIPTION IN ENGLISH)
:
La ciudad
provee servicios de interpretaci�n al espa�ol en las juntas del Consejo. La interpretaci�n simult�nea al espa�ol se ofrece por medio del uso de aud�fonos y la interpretaci�n consecutiva (espa�ol a ingl�s) tambi�n est� disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petici�n en el podio. No tiene que usar los servicios de interpretaci�n de la Ciudad; las personas pueden proveer su propio int�rprete, si lo desean. �
Debido a que existen muchos dialectos y regionalismos,
la Ciudad no puede garantizar que los int�rpretes puedan traducir a un dialecto o regionalismo en
particular y reh�sa cualquier responsabilidad que surja de tales servicios.
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Para servicios de
interpretaci�n en otros idiomas, comun�quese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada.
ANAHEIM CITY COUNCIL
ANAHEIM, CALIFORNIA
MAY 16, 2023
4:00 P.M.
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953,
Subdivision (b), the regular meeting will include teleconference participation by Council Member Norma Campos Kurtz from: 513 Tayrn Dr., Charleston, South Carolina 29492.
This Notice and Agenda will be posted at the
teleconference location. Public comment on the agenda from this address shall be allowed pursuant to Government Code Section 54954.3.
Call
to order the Anaheim City Council.
4:00 P.M
- CLOSED SESSION
ADDITIONS/DELETIONS
TO CLOSED SESSION:
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Recess
to closed session.
1. CONFERENCE
WITH LEGAL COUNSEL � EXISTING LITIGATION
(Subdivision
(d)(1) of Section 54956.9 of the California Government Code) Name of Case
:
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Antonio
Lopez, et al. v. City of Anaheim, et al., USDC Case No. 8:22-cv-01351-JVS (ADSx)
2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of section 54957.6 of the California Government Code) Agency Designated Representative:
Linda
Andal, Human Resources Director
Name of Employee Organization:
Teamsters, Local 952
Reconvene the Anaheim City Council.
5:00 P.M.
INVOCATION:
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President Scott Hicken, Church of Jesus
Christ of Latter-Day Saints
FLAG SALUTE:
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Council Member
Stephen Faessel
PRESENTATIONS:
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Recognizing Chance Theater for recently earning
14 OC Theater Guild Awards
Anaheim
Public Utilities Board Presentation
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ACCEPTANCE OF OTHER RECOGNITIONS (To be
presented at a later date):
Recognizing
May 21 � 27, 2023, as National Public Works Week
Recognizing
June 20, 2023, as World Refugee Day
Recognizing
June 2023, as Immigrant Heritage Month
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Recognizing
June 2023, as Lesbian, Gay, Bisexual, Transgender, and Queer ��
(LGBTQ) Pride Month
Recognizing Mothers
Against Drunk Driving (MADD)�s PowerTalk 21 Campaign
ADDITIONS/DELETIONS TO THE AGENDA:
PUBLIC COMMENTS (all agenda items):
(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:
CITY MANAGER�S UPDATE:
5:00 P.M. - CITY COUNCIL
MOTION:
__________ Waive reading of all
ordinances and resolutions and adopt the consent calendar .
CONSENT
CALENDAR:
1. Receive and file minutes of the Library Board meeting of April 10, 2023 and the Public Utilities Board meeting of March 22, 2023.
2. Approve recognitions recognizing June 2 � 4, 2023 as National Gun Violence Awareness Day and Wear Orange Weekend, El Pollo Fino on their 40th year of doing business, Anaheim Fullerton Towing on their 65th year of doing business, and Reborn Cabinets, Inc. on their 40th year of doing business.
3. Approve the Fiscal Year 2023-2024 Annual Action Plan, in substantial form, for federal Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons With AIDS (HOPWA) funds totaling $9,919,027; designate the Director of Housing and Community Development (Director), or designee, as the Certifying Official authorized to execute all documents related to the administration, management, and implementation of the CDBG, HOME, ESG, and HOPWA programs; authorize the Director, or designee, to reallocate funds to eligible activities as necessary to address the greatest need; approve the update to the operating guidelines for the Homeless Assistance Program for Families; and approve the update to the operating guidelines for the Residential Rehabilitation Program.
4. Approve and adopt the 2023 Integrated Resource Plan (IRP) for the City of Anaheim, including the Renewable Energy Procurement Plan and Enforcement Program, that ensures the City achieves (i) a 60% renewable energy resource target by 2030, (ii) greenhouse gas emission targets established by the California Air Resources Board, and (iii) compliance requirements set forth in Senate Bills 350 and 100; and authorize the Public Utilities General Manager, or designee(s), to take the necessary actions to implement the 2023 IRP, consistent with the mandates of California State law including, but not limited to, de minimis revisions to the 2023 IRP to address any California Energy Commission recommended revisions, periodic updates to Appendix A, and data disclosures, as well as prepare, execute, certify, deliver, upload, and update any and all documents, information, data, declarations or affidavits, certifications, notices, consents, disclosures, plans, reports, filings, and compliance submittals.
5. Waive the sealed bidding requirement of Council Policy
4.0 and ratify the extension of a master agreement with Turbo Data Systems, Inc. in the estimated amount of $240,000, for citation processing services through June 30, 2023, based on expenses incurred over the prior six months inclusive of the recently extended period of January through April 2023.
6. Award the contract to the lowest responsible bidder, Spectra Company, in the amount of $549,712 plus 10% contingency, for the Carnegie Library Windows and Doors Maintenance and Repair Project; authorize the Director of Public Works to execute the contract, and any other related documents, and take the necessary actions to implement and administer the contract.
7. Approve the Canine Transfer Release, and Agreement to Indemnify, Defend, and Hold Harmless with Officer Mike Dohmann, in the amount of $1.00, authorizing the transfer of ownership of retired Police Service Dog �Torro� to Officer Dohmann and authorize the Interim Chief of Police to execute and implement the agreement.
8. Approve Electrical Utility Agreements with nine
electrical contractors to provide various electrical services, on a non-exclusive basis, to persons at the Convention Center who require such services in connection with events each for a two year term, with two optional one-year terms; resulting in revenue commissions payable to the City in the amount of 25% of the contractors gross billings for all labor and 35% of the contractors gross billings for all other work for services performed at the Anaheim Convention Center, of which commission is estimated to be $3,800,000 annually; and authorize the Executive Director of the Convention, Sports & Entertainment Department to execute related documents and to take the necessary actions to implement and administer the agreements, and execute any optional renewals (Convention Electric, Inc., Convention Technical Services, Inc., Edlen Electrical Exhibition Services of California, Inc., Freeman Expositions, LLC, Hi-Tech Electric, LLC, Rossi Expositions, Inc., Global Experience Specialists, Inc. dba Trade Show Electrical, Tricord Management, LLC, dba Tricord Tradeshow Services, Inc., and Western Events, Inc. dba Western Event Service).
9. Approve Plumbing Utility Agreements with four plumbing contractors to provide various plumbing services, on a non-exclusive basis, to persons at the Convention Center who require such services in connection with events for a two year term, with two optional one-year terms; resulting in revenue commissions payable to the City in the amount of 15% of the contractors gross billings for all labor and other work for services performed at the Anaheim Convention Center, of which commission is estimated to be $78,000 annually; and authorize the Executive Director of the Convention, Sports & Entertainment Department to execute related documents, take the necessary actions to implement and administer the agreements, and execute any optional renewals (Edlen Electrical Exhibition Services of California, Inc., Freeman Expositions, LLC, Global Experience Specialists, Inc. dba Trade Show Electrical, and Convention Technical Services, Inc.).
10. Approve an agreement with Populous, Inc., in an amount not to exceed of $325,000 plus a 10% contingency for extra services, to perform a full property condition assessment and report of Angel Stadium of Anaheim, as directed by City Council at the November 15, 2022 City Council meeting in accordance with the 1996 Lease obligation for maintenance, effective through the completion of the project; and authorize the City Attorney to execute the agreement, and any related documents, and to take the necessary actions to implement and administer the agreement.
11. Approve a Reimbursement Agreement with the California High-Speed Rail Authority, in an amount not to exceed $400,000, for the review and development of technical engineering documents; authorize the Director of Public Works, or designee, to execute the agreement and any other related documents which may be necessary to implement the agreement; authorize de minimis changes to the 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 2022/23 revenue and expenditure budget in restricted transit grants by $400,000.
12. Approve a Right of Way Contract-State Highway Agreement and a Permanent Highway Easement Deed with the California Department of Transportation (Caltrans); authorize the City Clerk to release the Easement to Caltrans; and authorize the acceptance of a payment, in the amount of $11,400; and approve allocating a portion of the payment as reimbursement to Public Works for a right-of-way construction permit (Miraloma Way Cul-De-Sac).
13. RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or designee to submit an application on behalf of the City of Anaheim to the California Department of Parks and Recreation for funding necessary for the La Palma Park Project and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly; and determining that this resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306 of Title 14 of the California Code of Regulations (grant funds in an amount up to $6,000,000).
14. RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the FY 2023-24 Project List for the Road Repair and Accountability Act of 2017.
15. RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the East Anaheim Master Plan of Sanitary Sewers dated March 2023.
16. RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM initiating proceedings for the annual levy of assessments in, and accepting an Assessment Engineer�s Report for, the Anaheim Resort Maintenance District (Fiscal Year 2023-24).
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to provide for an annual levy and collection of assessments in the Anaheim Resort Maintenance District, and setting a time and place for public hearing thereon (public hearing scheduled for June 27, 2023).
17. Approve minutes of the City Council meeting of February 28, 2023.
BUSINESS CALENDAR:
18. Discuss and provide direction to staff regarding the key terms to be included in a future proposed City Ordinance addressing hotel worker safety.
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MOTION:
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19. Initiative Petition entitled �Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative� for the adoption of an ordinance that would require Anaheim hotels and event centers (including publicly or privately owned convention centers, concert halls, stadiums, and sports arenas of over 20,000 square feet) to pay their workers service charges and a minimum wage starting at $25/hour, and to retain most of their workers for at least 90 days after an ownership change, mandate the provision of electronic security devices to certain hotel workers, require overtime wages to hotel workers who exceed workload limits, and prohibit mandatory overtime.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, accepting the certification of the Orange County Registrar of Voters as to the verification of signatures of the Initiative Petition entitled �Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative�.
Approve an increase to the City Clerk�s Fiscal Year 2022/23 budget by $88,906.60 to cover the cost of certification of the initiative petition by the Orange County Registrar of Voters.
MOTION:
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Upon acceptance of the certification of the Orange County Registrar of Voters as to the verification of signatures of the initiative and in accordance with the requirements of Section 1303 of the City Charter and Section 9215 of the California Elections Code, approve one of the three courses of action:
ORDINANCE NO. __________ (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA adopting a Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative pursuant to the provisions of Section 1303 of the Anaheim City Charter and Section 9215 of the Elections Code of the State of California (A copy of the full text of the proposed ordinance is available for review in the Office of the City Clerk and electronically with the agenda at http://www.anaheim.net/councilagendas).
OR
Direct staff to prepare a resolution for adoption at the June 13, 2023 Council meeting, submitting the initiative measure to a vote by the electorate of the City, pursuant to California Elections Code Section 1405.
MOTION:
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OR
Order a report on the effect of the proposed initiative measure pursuant to California Elections Code Section 9212 to be presented to the City Council at the June 13, 2023 Council meeting.
MOTION:
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20. Receive an informational report on sidewalk vending and provide direction to staff, as necessary.
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MOTION:
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21. Receive an overview of the Economic Development
Department [Informational Item].
Report on Closed Session Actions:
PUBLIC COMMENTS
(non-agenda items):
(opened only if any remaining non-agenda speakers
were
not called
to speak during the first Public Comment period)
Council Communications:
cOUNCIL
AGENDA SETTING:
Adjournment:
Next regular City Council meeting is
scheduled for
June 13, 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.
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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 [email protected]
.
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 [email protected]
, no
later than 8:00 AM on the day of the scheduled meeting.
TRANSLATION SERVICES:
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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:
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Anaheim City Council meeting videos can be viewed live on the City�s website at
www.anaheim.net/councilvideos
.
POSTING STATEMENT:
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On May 11, 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
.