ANAHEIM CITY COUNCIL
REGULAR MEETING OF FEBRUARY 28, 2023
The regular meeting of February 28, 2023 was called to order at 3:30 P.M. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on February 23, 2023.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Norma Campos Kurtz, Stephen Faessel, and Natalie Meeks
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION: None
CLOSED SESSION: At 3:31 P.M., Mayor Aitken recessed to closed session for consideration of the following:
1. 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 Organizations: Anaheim Police Management Association and Teamsters, Local 952
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Antonio Lopez, et al. v. City of Anaheim, et al., USDC Case No. 8:22-cv- 01351-JVS (ADSx)
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Palmer v. City of Anaheim, 4th Appellate District, Division Three Case No.
G060880 from OCSC Case No. 30-2017-00938646-CU-JR-CXC
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Deidre Braun v. City of Anaheim, et al., OCSC Case No. 30-2022-01252881 At 5:06 P.M., Mayor Aitken reconvened the Anaheim City Council.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Norma Campos Kurtz, Stephen Faessel, and Natalie Meeks.
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
ITEM # 17
City Council Minutes of February 28, 2023
INVOCATION: Father Ed Poettgen, St. Boniface Catholic Church FLAG SALUTE: Council Member Norma Campos Kurtz
PRESENTATION:
Recognizing the Cypress College Foundation Americana Awards Person of the Year, Liz Dunster and Citizen of the Year, Kay Carpenter Howard Kummerman, Executive Director of the Cypress College Foundation, introduced the recipients. The recipients expressed their thanks to the Council for the recognition.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing the 65th Anniversary of the Anaheim Public Library’s Bookmobile Accepted by Keely Hall, Principal Librarian and Jon Anderson, Librarian for the City’s Mobile Library.
At 5:24 P.M., Mayor Aitken called to order the Anaheim Housing Authority (in joint session with the City Council).
ADDITIONS/DELETIONS TO THE AGENDA:
City Clerk Theresa Bass announced that staff requested to withdraw Item No. 4 related to the adoption of the 2023 Legislative Platform and staff will bring the item for Council consideration at the March 7, 2023 City Council meeting. She also announced that a memo was distributed and posted to the City website regarding Item No. 25, clarifying the proposed days of service for the East Anaheim Branch Library.
PUBLIC COMMENTS (all agenda items, except public hearing):
City Clerk Theresa Bass reported that a total of 21 public comments were received electronically prior to 5:00 P.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of 21 public comments were received electronically, distributed to the City Council, and made part of the official record]. - See Appendix Mark Richard Daniels reminisced about historic bookmobile visits to the City and stated his support for the City Council to commit to fully funding the investigation regarding the previous corruption at City Hall. He expressed concern over the lack of public transparency and coming to a conclusion on the investigation.
Rebecca Kovacs Stein referred to a news article and commented on the current Council’s apparent lack of public transparency due to their lack of commitment to fully fund the investigation of the alleged City Hall corruption. She noted the City Council has made other expenditures which have benefitted the resort industry locally. She expressed concern with the lack of controls in place to prevent the same types of corruption from occurring with new businesses.
Mariana Angeles offered her comments in Spanish [Alexis Teodoro stated he would interpret for individuals who offer their public comments in Spanish]. Alexis Teodoro stated on behalf of speaker that she is a resident who is using her voice to empower the community to provide public comment on the corruption investigation and everyone to commit to transparency. Mr. Teodoro stated that Ms.
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Angeles also expressed support for other items needed in the community such as rent control, green spaces, and housing and encouraged the Council to commit to making the results of the investigation public.
Lupe Vega offered her comments in Spanish [Alexis Teodoro translated her comments]. Alexis Teodoro stated on behalf of speaker that she is a 10-year resident and expressed surprise and concern about corruption in the City and encouraged Mayor Pro Tem Rubalcava to walk her neighborhood and to support the investigation.
Sandra Cazares offered her comments in Spanish and then in English. She stated the City Council initially supported the investigation into corruption however it appears that as more information is being revealed, the current Council appears hesitant to continue the investigation and not commit to their promise of transparency. She encouraged the City Council to fund the investigation.
Maria Alejandra Barboza offered her comments in Spanish [Alexis Teodoro translated her comments]. Alexis Teodoro stated on behalf of speaker that she is involved in the PTA and community and dreams of a future of justice, liberty, and democracy. Mr. Teodoro stated that she expressed her concerns regarding the Council not being supportive of funding the investigation into the alleged corruption which will ruin the children’s future.
Josefina Mejia offered her comments in Spanish [Alexis Teodoro translated her comments]. Alexis Teodoro stated on behalf of speaker that she expressed concern that the City is not providing rent control and the negative impacts the current housing situation is creating for residents. Mr. Teodoro stated that she requested the Council fund issues that impact the lives of tenants.
Marian Alcocer offered her comments in Spanish [Alexis Teodoro translated her comments]. Alexis Teodoro stated on behalf of speaker that she has been following the issue of City corruption and encouraged the Council to set an example for other cities and communities through a commitment to transparency.
Rosalia Garay offered her comments in Spanish [Alexis Teodoro translated her comments]. Alexis Teodoro stated on behalf of speaker that she is a 21-year resident and community volunteer in the Ponderosa neighborhood and expressed disappointment that the City Council is not committed to the funding of the corruption investigation. Mr. Teodoro stated that she encouraged the City Council to fund the investigation so residents can know the truth.
Guadalupe Basave offered her comments in Spanish [Alexis Teodoro translated her comments].
Alexis Teodoro stated on behalf of speaker that she is a 12-year resident in District 4. She expressed concerns regarding the lack of commitment to funding the corruption investigation when the City does not question the money they spend on the resort districts. Mr. Teodoro stated that she expressed concerns about the lack of funding for housing, homelessness, and rent control.
Alexis Teodoro spoke regarding housing insecurity issues faced by many in the community and encouraged the City Council to approve the $750,000 to fund the corruption investigation on behalf of the children who will be the future of Anaheim. He stated his son deserves a City Council which is committed to transparency and building trust. He encouraged the City Council to also pass rent control.
Susana Galan offered her comments in Spanish [Alexis Teodoro translated her comments]. Alexis Teodoro stated on behalf of speaker that she is involved in the Pauline Street Neighborhood Union and expressed support for the full funding of the corruption investigation as the City Council had City Council Minutes of February 28, 2023
previously committed to. Mr. Teodoro stated that she addressed her District 3 Councilmember, Mayor Pro Tem Natalie Rubalcava, and invited her to walk in her home neighborhood which needs her support.
Fernando Delgado explained his team’s decision to provide their comments in Spanish and English in order to keep monolingual Spanish speaking residents informed about City issues. He offered his comments in Spanish and then in English. He urged the Council to fully fund the corruption investigation even though he is a resident of Santa Ana due to the importance of public trust in government for working class people. He spoke of corruption occurring in his city of residence, Santa Ana, and his efforts to enact rent control there. He recommended airing the City Council meetings on YouTube for better access.
Marisol Ramirez stated she is Director of Programs for Orange County Communities Organized for Responsible Development and noted there were so many residents present tonight who are discouraged regarding the Council’s hesitancy to fund the investigation on corruption and act on their campaign promises of restoring trust in local government. She proceeded to offer her comments in Spanish.
Jeanine Robbins stated the City Council’s votes in the early part of their terms will set the tone for the remainder and that corruption still exists at City Hall. She inquired if the City Council had something to hide or if they had someone to protect. She commented on several Council Members’ potential conflicts of interest as related to their commitment to fund the corruption investigation. She urged the Mayor to make good on her campaign promises of transparency by continuing and fully funding the investigation.
Mike Robbins stated that there was corruption prior to 2015 but that it became evident when the City was trying to balance its budget. He stated previous Councils were acting as puppets for Disney and subsidized hotels and engaged in manipulation of land prices as related to Anaheim Stadium. He encouraged the Council to fund and complete the investigation into corruption.
Tom Fielder provided a history of the corruption investigation and expressed concerns about whether the public will ever see the investigative findings. He stated that many new Council Members ran on campaigns focusing on reform and urged the City Council not to narrow the scope of the investigation as that may be perceived by the public as truly independent, nor what was expected by citizens.
Art Castillo stated he was a former City and Disneyland employee and expressed deep concern regarding the treatment of himself and Hispanic people in the community and that they were taken advantage of. He spoke regarding incidents of harassment, extortion, and embezzlement and expressed concern that City employees have not been working for the people.
Paul Hyek expressed support for the item related to the new housing project and helping people get out of substandard units. He expressed concerns regarding Mercy House and having the City provide services. He spoke regarding the need for medical personnel and services for those in need.
John Dunton expressed concerns regarding the Anaheim Police Association’s donations to City Council Members’ campaigns. He urged the City Council to do more for underserved citizens in the community. He expressed concern with the rules for public participation in meetings, including producing identification which is intimidating to many people.
City Council Minutes of February 28, 2023
David Flores urged the City Council to fully fund the corruption investigation and continue work towards building transparency and trust with the public. He stated the City needs to complete the investigation in order to move the City forward with integrity.
Penelope Lopez urged the City Council to fund the independent investigation into corruption in Anaheim and reminded new Council Members that many of them campaigned using City Hall reform and transparency as a platform.
David Duran expressed concern that the Cares Act funds were not properly utilized and should be directed toward funding programs to address homelessness. He commented on his voting choices in Anaheim elections and urged the City Council to promote public meeting participation through various technology methods.
Wes Jones expressed concern with the process for being able to participate in public meetings in Anaheim and requested longer hours at the public libraries. He stated parks are being neglected and urged the City Council to fully fund the investigation into corruption. He expressed concern with the type of high cost items which are being placed on the consent calendar section of the agenda.
Maircily Reyes offered her comments in Spanish [Alexis Teodoro translated her comments]. Alexis Teodoro stated that she shared a personal experience with someone committing fraud against her and lack of commitment from Anaheim Police to provide help. Mr. Teodoro stated that she stated residents need to trust their elected representatives and local government.
Vern Nelson spoke regarding his efforts to fight corruption in the City and urged the City Council to fully fund the investigation into corruption to ensure an open and honest government in the future.
The residents demanded the investigation and also distributed copies of a document to the City Council related to the investigation’s scope of work.
Bulmaro 'Boomer' Vicente spoke to demand accountability and transparency for the people of Anaheim and urged the City Council to fully fund the investigation into corruption. He expressed concern with the funding being provided to the Anaheim Police Department without holding them accountable for their actions.
Marcos Antonio offered his comments in [Alexis Teodoro translated his comments]. He is a resident of District 4. He came to the City with hopes of prosperity for his family. Mr. Teodoro stated that he expressed concerns with the allegations of corruption in Anaheim and stated he wants to regain faith in his elected representatives. Mr. Teodoro stated that he encouraged the Council to fund the investigation.
Amy Talaganis stated that the investigation has exposed a crime and expressed concerns that Anaheim is now perceived as a corrupt city, run by those who are motivated by financial gain both internally and externally. She urged the City Council to fund the investigation into corruption.
Marc Herbert stated he was working on a program which annotates City Council meetings and referenced a previous Council meeting in which he believes the JL Group provides support for the City Council to fully fund the investigation into corruption. He spoke regarding the timeline provided for the investigation and expressed concern the City is willing to spend money on other items such as a parking structure rather than commit to the investigation.
Donna Acevedo Nelson stated she has lived in Anaheim since 1967. She spoke regarding actions taken by the Anaheim Police with regard to the death of her son and spoke regarding other alleged City Council Minutes of February 28, 2023
deaths caused by them. She stated the residents cannot wait until the FBI arrives to investigate. She expressed concerns with the ongoing corruption occurring in the City.
Daisy Chavez stated it was important for the residents to attend City Council meetings to urge the City Council to fully fund the investigation into corruption against the former Mayor and other City staff. She expressed concerns regarding the ongoing lack of transparency into the public process and questioned why the current Council is hesitant to fund the completion of the investigation.
Mark Lopez stated he is a resident of District 4 and urged the City Council to approve the additional funding for the corruption investigation in Anaheim. He encouraged any Council Members who were present or who served as staff during the time covered in the investigation should recuse themselves.
Jose Robles encouraged all seven Council Members to vote to fully fund the investigation into corruption. He criticized the JL Group for mistakenly disclosing to the Council they had not yet interviewed representatives from the Angels Baseball Enterprise and that the current Council may be protecting that organization so they can receive future campaign contributions. He stated the FBI will not look at any state or municipal violations and encouraged the Council to spend the $750,000 for the investigation.
Carolina Mendez stated she was born in Anaheim and is a resident of District 3. She expressed that the residents deserve accountability, transparency, and a fully funded investigation into the corruption that has become synonymous with the City. She stated that residents feel disillusioned and urged the Council Members who ran on transparency to make good on their campaign commitments.
Greg Diamond expressed concerns about how the investigation is being handled and suggested Council Member Meeks recuse herself from voting on the matter. He pointed out the Departments in the City which may be targets of the investigation and urged the Council to provide the results to the California Attorney General, who has subpoena power. He urged residents to get the investigation funded through a GoFundMe process.
Cynthia Ward congratulated Mayor Aitken on her election and expressed support for fully funding the investigation into corruption. She stated she wanted the current City Council to succeed in their leadership of the City and the residents are passionate about diversifying the economy and bringing in new industries. The City’s reputation has to be cleaned up and needs to address the General Plan, Strategic Plan, and take a critical look at where the City is at currently.
Kenneth Batiste expressed his faith beliefs and expressed concern regarding the infiltration of Disney into the City Council. He expressed concern regarding the corruption in the City and that he expected the City Council to do the right thing with regard to the investigation into corruption. He said residents have come to speak on issues important to them and urged the residents not to support Disney- supported candidates.
Cecil Jordan Corkern expressed concerns regarding child and school safety and allegations regarding criminal activities by Disney employees. He spoke regarding the various reports on City matters.
Manuel Hernandez is an activist and recounted his experience with the Montebello Police Department in the death of his friend. He commented on allegations of abuse in County jails that negatively impact individuals, especially regarding mental health issues.
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Michael Sean Wright stated he is a friend of Mayor Aitken and that his clinics provide services throughout the community. His organization relieves pressure on public safety resources, and they work collaboratively with City services, especially with the opioid crisis and homelessness.
Katherine White stated that she is a District 5 homeowner and spoke shared the parable of the Good Samaritan.
Glenda Flora, a member of the Anaheim Public Library Foundation, stated their focus is to raise money to supplement the City’s Library budget. She spoke regarding an invitation to the 2023 fundraiser luncheon and invited the City Council and community to participate. She is a resident of District 2 and encouraged Council Member Leon to participate.
Lourdes Bernal spoke regarding the Community Action Partnership of Orange County and provided information regarding their services. She spoke regarding their Low-Income Housing Water Assistance program which can help residents pay their water bills. She stated she also speaks Spanish and that there are other programs that can assist residents which she can facilitate.
Jason Watts founder of the Scholarship Prep program spoke regarding a current initiative which will rehabilitate a church facility where they can then provide educational school services directly to Anaheim students. He commented he is available to answer any and all questions from the Council and community.
Cecilia Flores expressed concern regarding the negative impacts of the school facility referenced by the previous speaker, including traffic congestion, fuel emissions, and risk of collisions. She feels the reduced enrollment in the community will result in the school serving students from other jurisdictions.
She would prefer the project site be used for other purposes which would benefit residents.
Jonathan Echavarria, Field Representative for Assemblymember Sharon Quirk-Silva, invited residents to participate in an upcoming event at the Fullerton Library sponsored by the Assemblymember. They are encouraging residents to express their concerns to the Assemblymember at the event. He noted he had flyers advertising the event if anyone was interested.
Bryan Kaye stated he presented a petition to the City Council and did not receive a response. He made several allegations regarding racist comments made by Anaheim Police members. He also made allegations regarding his arrest and the petition should be responded to.
COUNCIL COMMUNICATIONS:
Council Member Faessel requested the meeting adjourn in memory of Anaheim business owner, Daniel “Dan” Doller and Maria De La Luz Cruz, who tragically lost her life due to a fallen tree incident at Pearson Park.
Council Member Kurtz requested that Anaheim resident Lupe Vega leave her contact information to join her on a neighborhood walk. She highlighted the rehabilitation of Boysen Park and thanked the Community Services Department for hosting three community meetings to receive residents’ input to include in the rehabilitation plan. She displayed two options that included rehabilitated ball fields, increased green space, and splash pads. She encouraged the community to provide feedback and vote online for their preferred option at https://anaheim.net/boysen.
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Council Member Diaz highlighted and encouraged residents to visit Damisse coffee shop located at 3016 W. Lincoln Avenue. He announced that on Saturday, March 4 from 9:00 A.M. to 12:00 P.M. the Anaheim Police Department will be hosting a Bicycle Rodeo at Twila Reid Park. The event will consist of obstacle courses and instructions on safety techniques. He also announced a Business Watch meeting on Friday, March 8th at 6:30 P.M. at the West Anaheim Youth Center.
Mayor Pro Tem Rubalcava reported her attendance at a Neighborhood Services Resource Fair at the Glen-Neighbors neighborhood in District 3. She announced four new exhibits at Muzeo including the National Geographic exhibit. She reported her attendance at the Anaheim Youth and Government Day and thanked the Community Services Department and Neighborhood & Human Services Manager Joe Perez for their work organizing the event. She featured local artist Carla Roche for her work on a mural commissioned by Dr. Yadira Moreno at Benito Juarez Elementary School. She highlighted the Anaheim YMCA youth basketball team the Role Playerz and Athletic Director Byron Reliford. She thanked staff for their assistance in clearing blight such as leftover garbage from areas in District 3 and urged the public to participate and provide feedback to the City. She also mentioned the tragic passing of Maria De La Luz Cruz and provided additional comments about her life.
Council Member Leon congratulated the Magnolia High School Girls soccer team on their first ever CIF-SS championship and requested a recognition from the City Council to recognize their accomplishment. He thanked the Housing & Community Development, Public Works, and Police Departments for their continuous efforts to address homelessness throughout District 2. He mentioned that in collaboration with City staff they were able to address concerns near Energy Field and the Union Pacific Railroad tracks. He reported that he contacted Union Pacific regarding neighbors’ concerns and looks forward to meeting with them to address those concerns. He announced his attendance at Anaheim Union High School District’s Black History Month. He mentioned his participation at Youth and Government Day and thanked the Community Services Department for organizing the event. He announced Sunland Flowers as District 2’s local business of the month and highlighted their efforts in working with families with limited budgets on floral arrangements for their loved ones.
Mayor Aitken highlighted her request to forward Youth Commission applications to participants at Youth and Government Day. She mentioned her first Mayor’s office hours in District 1 at Glee’s Donuts. She announced her attendance at an event at Chapman University celebrating the 30th anniversary of late Supreme Court Justice Ruth Bader Ginsburg’s appointment to the Supreme Court.
She thanked the Planning Department for providing her with a tour of the City to highlight future projects. She thanked Public Utilities General Manager Dukku Lee for a tour of substations and water stations in Anaheim Hills. She highlighted Assistant City Manager Greg Garcia, Deputy Director of Housing & Community Development Sandra Lozeau, and Housing & Community Development Director Grace Stepter for their assistance in providing support to residents during extreme weather situations. She mentioned her intent to agendize an item in the future to assist homeless individuals during those extreme weather situations.
CITY MANAGER’S UPDATE:
City Manager Vanderpool congratulated the Community Services Department on Youth and Government Day. He announced Anaheim Housing Authority will be opening applications for the Section 8 Housing Voucher program beginning March 6, 2023. Interested parties can submit applications online at anaheim.net/ApplySection8. Accommodations will be made for persons with a disability who may not be able to complete an electronic application. The waiting list will be open for 31 days, with waiting list positions determined by a lottery system. Preference will continue to be given to applicants who live or work in Anaheim, or in the case of individuals experiencing City Council Minutes of February 28, 2023
homelessness, can show a connection to Anaheim. He announced that city Emergency Management personnel conducted Community Emergency Response Team (CERT) training for Spanish speakers that educated community members about disaster preparedness for the hazards that may impact their area and trained them in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. He reported 18 community members completed the course and formed Orange County’s first Spanish speaking CERT team. He announced the 14th annual compost giveaway at Angel Stadium on Saturday, March 11 from 7:00 A.M. to 10:00 A.M. He thanked the Anaheim Police Department and East Community Policing team for meeting with Girl Scouts Troop 5176 at East Station for information on an emergency preparedness project the troop is working on to earn a Silver Award.
At 8:23 P.M., Mayor Aitken recessed the Anaheim City Council meeting to consider the Anaheim Housing Authority agenda, reconvening the City Council at 8:23 P.M.
CONSENT CALENDAR: At 8:23 P.M., the Consent Calendar was considered with Mayor Pro Tem Rubalcava pulling Item No. 22 for separate discussion and consideration.
MOTION: Council Member Leon moved to waive reading of all ordinances and resolutions and adopt the Consent Calendar in accordance with reports, certifications, and recommendations furnished each City Council Member and as listed on the Consent Calendar, seconded by Mayor Pro Tem Rubalcava. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
3. Approve recognitions recognizing Anaheim resident Cruz Lopez Pinelli’s 100th birthday and Anaheim business, The Sunbliss Café, for earning national recognition as #6 on Yelp.com’s 2023 Top 100 Places to Eat.
4. Adopt the 2023 Legislative Platform that guides the City’s support of, or opposition to, state and federal legislation and authorize City staff to contact federal and state representatives to advocate for legislative proposals consistent with the goals outlined within the 2023 Legislative Platform.
City staff requested to withdraw Item No. 4 and will bring forward for Council consideration at the March 7, 2023 City Council meeting. Item withdrawn.
5. Approve the Fifth Amendment (Fourth CARES Act Amendment) to the Fiscal Year 2019-2020 Annual Action Plan, in substantial form, to fund two new programs that will assist the City in preventing, preparing for, and responding to COVID-19 using Community Development Block Grant (CDBG) funds from the CARES Act totaling $644,600 and designate the Director of Housing & Community Development, or designee, as the Certifying Official authorized to execute all documents related to the administration, management, and implementation of the funding; and provide discretion to the Director, or designee, to reallocate funds to eligible activities as deemed necessary to address greatest need.
6. Approve the First Amendment, in substantial form, to the Fiscal Year 2022-2023 Annual Action Plan adding new activities and modifying the 2022-2023 Annual Action Plan program budget; and designate the Director of Housing & Community Development as the Certifying Official authorized to execute all documents related to the administration, management, and implementation of the funding (reallocating CDBG Public Services funds for the Community Services Department to use for the Brookhurst Teen Center and increase funds for the Housing Opportunities for Persons with AIDS (HOPWA) Supportive Services.
City Council Minutes of February 28, 2023
7. Approve the Anaheim Public Art Plan.
8. Accept the bid from Rasix Computer Center, Inc., in the amount of $99,477 plus a 20% contingency and applicable tax, for the purchase of printer supplies, ink, and toner cartridges for use by departments citywide for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9659.
9. Accept the bid from Kourtis Industries LTD dba Energy Management Solutions, in an amount not to exceed $54,394.40, to provide maintenance and repair services for the lights at city parks and ballfields for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9651.
10. Accept the lowest responsive bid from Ascent Aviation Group, Inc., in the amount of $477,853.52 plus applicable taxes and fees, for as-needed purchases of aircraft Jet A fuel for the Anaheim Police Department and Orange County Fire Authority for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to increase the annual not to exceed amount, subject to available budget appropriations, and to execute the renewal options in accordance with Bid # 9649.
11. Accept the bid from Anixter Inc., in the amount of $434,097.29 plus applicable tax, for the purchase of sump pumps, clamps, and other miscellaneous electrical materials for planned projects and to replenish inventory for Anaheim Public Utilities in accordance with Bid #9660.
12. Waive Council Policy 4.0 and ratify a purchase order issued to National Circuit Breaker, Inc., in the amount of $61,880, for providing a new main 4,000 amp circuit breaker and rebuilding an existing 4,000 amp circuit breaker in order to restore normal power to the City Hall facility.
13. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $252,455, for the Miraloma Avenue Rehabilitation Project from Etchandy Lane to Jefferson Street; 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 Environmental Quality Act pursuant to Class 1, Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
14. Award the contract to the lowest responsible bidder, Stance Construction Company, in the amount of $1,205,691.50, for the Concrete Facilities Removal and Replacement Project - Citywide Phase 9; 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 Environmental Quality Act pursuant to Sections 15301, Class 1, and 15302, Class 2, of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
15. Approve the Temporary Construction Easement Agreement with Glenoaks Business Center, LLC, with a total payment amount of $1,000 for a 14 month term, for the property located at 760 North Euclid Street for the Euclid Street from Glenoaks Avenue to Crescent Avenue Corridor Improvement Project (R/W ACQ2020-01274).
City Council Minutes of February 28, 2023
16. Approve the Temporary Construction Easement Agreement with Glenoaks Properties, LLC, with a total payment amount of $5,100 for a 14 month term, for the property located at 790 North Euclid Street for the Euclid Street from Glenoaks Avenue to Crescent Avenue Corridor Improvement Project (R/W ACQ2020-01275).
17. Approve the Temporary Construction Easement Agreement with Real Green, LLC, with a total payment amount of $1,000 for a 14 month term, for the property located at 810 North Euclid Street for the Euclid Street from Glenoaks Avenue to Crescent Avenue Corridor Improvement Project (R/W ACQ2020-01276).
18. Waive Council Policy 4.0 and approve a Software-as-a-Service Agreement with Performa Labs, Inc., in an amount not to exceed $82,500, for a mobile device application and proprietary training material for use by the Anaheim Police Department for a one year period; and authorize the Chief of Police to execute the agreement and to take the necessary actions implement and administer the agreement.
19. Waive Council Policy 4.1 and approve an Agreement with Scott Maddy, dba SDM Consulting, in an amount not to exceed $225,000, to coordinate and manage police facility infrastructure projects as directed, coordinate with Anaheim Police Department Information Technology staff on projects within police facilities, and manage and maintain the department’s 800 MHz radio systems for the term commencing February 1, 2023 through January 31, 2024 ; and authorize the Chief of Police to execute the agreement and to take the necessary actions to implement and administer the agreement.
20. Approve a Lease Agreement with the County of Orange, in an annual amount not to exceed $50,000 with one time startup cost of approximately $20,000, for the use of premises in the Orange County Data Center to support the City’s Disaster Recovery solution for a term of three years with two one-year optional extensions; and authorize the Finance Director to execute the agreement.
21. Approve a Cooperation Agreement, in substantial form, with the Anaheim Housing Authority to make available up to $2,900,000 of Building Equity and Growth in Neighborhoods (BEGIN) Program Funds for the down payment assistance for the 100 West Homeownership Affordable Housing Project, authorize the Director of Housing & Community Development, or designee, to execute and administer the agreement, and amend the Housing and Community Development Department’s FY 2022/23 budget by $2,900,000 (related Housing Authority Agenda Item No. 1).
23. Approve minutes of the City Council meetings of October 25, 2022, November 1, 2022, November 15, 2022, and December 6, 2022.
END OF CONSENT CALENDAR:
22. Approve the First Amendment to Professional Services Agreement with Michael Baker International, Inc., increasing the not to exceed amount from $130,000 to $390,000, for on-call project management and related consulting services; and authorize the City Manager, or designee, to execute and administer the agreement.
Director of Economic Development Sergio Ramirez stated Michael Baker International, Inc. provides project management services which augments City staff in the business services efforts. He reported that under the current budget, there is only one full-time city staff member dedicated to Business City Council Minutes of February 28, 2023
Development. He mentioned under the current contract, two additional contract staff members have been assisting the division and Business Development Manager Shant Boodanian. He reported staff is requesting an additional $260,000 over the next two years or $130,000 per year to Michael Baker International for continued support services.
DISCUSSION: Mayor Pro Tem Rubalcava requested specificity regarding the firm’s economic development services as the firm is traditionally known for their engineering services. Mr. Ramirez referenced the firm’s economic development project management services. In response to Mayor Pro Tem Rubalcava’s inquiry regarding the firm’s specific results, Business Development Manager Shant Boodanian provided examples of the firm’s assistance with several City projects including the Store Front Improvement program which included a review of applications and assisting over 150 businesses on site selection visits. Mr. Boodanian stated that the firm will provide “as-needed” services versus full-time staff assistance. In response to Mayor Pro Tem Rubalcava’s inquiry, Director Ramirez stated there are seven full-time employees in the City’s Economic Development Department including administrative staff. Mayor Pro Tem Rubalcava inquired if staff explored other opportunities including The Governor’s Office of Business and Economic Development (GO-Biz). Director Ramirez confirmed that the department has explored other options and continues to explore additional options.
Mayor Pro Tem Rubalcava stated that she would prefer adding a City employee, rather than a consultant, and expressed concerns over extending the contract with the consultant without plans to hire full-time staff. Director Ramirez stated City staff is moving forward with requesting an additional City employee to augment services, however, he noted that the additional position would need to be approved as part of the budget process. He clarified that the extension request allows the department to have contract authority in the event the department is unable to hire additional staff. Mayor Pro Tem Rubalcava expressed concerns about outsourcing this service and requested the department return to the City Council at a later date.
Mayor Pro Tem Rubalcava requested clarification from City Attorney Fabela on continuing the item to a later date. City Attorney Fabela clarified a motion can be made to continue the item to a later date or to a date uncertain.
Council Member Meeks inquired if the budget request is approved, whether the Council can administratively cancel the subject agreement with Michael Baker International. City Manager Vanderpool stated agreements typically contain a cancellation clause that can be exercised and mentioned the City’s ongoing need for contractual services in certain areas. He did support the conclusion of the work already underway as related to the current agreement.
City Attorney Fabela responded to Council Member Meek’s inquiry and confirmed the agreement contains a 15-day grace period for termination without cause.
In response to an inquiry from Mayor Aitken, Mr. Boodanian provided details regarding the business storefront beautification applications process. He detailed there was a significant request from businesses versus the budget amount allocated for the program. He mentioned of the 180 applications received for the program, the budget would only cover ten properties. He noted review of the applications and participation in the process requires significant staff time.
Council Member Faessel expressed support for the City’s economic development efforts and is supportive of the amendment to the subject agreement for continuity purposes, but is also supportive of evaluating future opportunities to have a permanent employee provide the services for the City.
City Council Minutes of February 28, 2023
Council Member Diaz inquired whether the agreement has to be approved now or if it could be deferred in order to evaluate the costs related to having an employee provide the service. Director Ramirez provided cost estimates to include an additional City staff member and noted the current contract does provide financial benefit to the City at this time, and also provides continuity on projects already underway.
Mayor Pro Tem Rubalcava stated this work is not specialized due to the City developing the program and the consultant processing the applications. She referenced additional City needs that require the firm’s professional services. Director Ramirez provided details as to the other economic development projects which require additional technical and professional expertise. He noted the subject firm was the lowest responsive bidder and efficiencies have been realized with other City service areas, however, the specific goal for the economic development projects requires the firm’s expertise. Mayor Pro Tem Rubalcava stated she supports business services efforts; however, she is not supportive of the agreement amendment at this time.
Council Member Kurtz confirmed the current contract expires next month and inquired regarding the specifics of the Department’s budget requests with the result of not needing the subject firm in the future.
MOTION: Council Member Faessel moved to approve the First Amendment to Professional Services Agreement with Michael Baker International, Inc., increasing the not to exceed amount from $130,000 to $390,000, for on-call project management and related consulting services; and authorize the City Manager, or designee, to execute and administer the agreement, seconded by Council Member Leon. ROLL CALL VOTE: AYES – 6 (Mayor Aitken and Council Members Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 1 (Mayor Pro Tem Rubalcava). Motion carried.
BUSINESS CALENDAR:
24. Discuss and consider to: (i) amend or narrow the scope of work of JL Group, LLC; (ii) adjust or affirm the not-to-exceed contract amount with JL Group, LLC (currently at $750,000); (iii) possibly waive JL Group, LLC’s obligation to keep matters confidential to allow communications with the Orange County District Attorney’s Office; and/or (iv) provide any other direction as to the current investigation of former Mayor Harry Sidhu and the City Council regarding campaign contributions and potential Brown Act violations in the context of the facts alleged in the federal investigation (continued from the City Council meeting of February 7, 2023, Item No. 16).
City Manager Vanderpool introduced the item and noted the item was continued from the previous Council meeting. He introduced Honorable Judge Clay Smith to provide a brief presentation on the item. Judge Smith reported two issues that would be addressed before the City Council. He stated the first issue is the proposed scope and budget for the investigation which now has been defined, but not narrowed. Judge Smith confirmed the request for the additional $750,000 and the second request to waive the confidentiality provision in the contract to allow the investigators to interact with law enforcement agencies on various investigation matters. He mentioned law enforcement agencies have reached out to the investigators rather than the reverse. Judge Smith clarified his role in the investigation as the neutral administrator throughout the investigation process. He noted he was not present to advocate in any way for the JL Group, but he did hold the JL Group and their personnel in the highest professional regard. He addressed the second issue which related to interfacing and meeting with law enforcement to answer questions they may have. He provided reasons for the need for the successful completion of the investigation under the current scope and to allow the JL Group to meet with law enforcement agencies. He stated this process is critical to public trust and City Council Minutes of February 28, 2023
transparency. Judge Smith turned the presentation to Jefrrey Love and Jeffry Johnson with the JL Group who presented a PowerPoint presentation highlighting the investigation’s accomplishments including the development of an investigative strategy and potential witness list, the numerous interviews of individuals, the research and analysis of various local, state, federal campaign funding laws, analysis of more than three months of emails, and contact with the Orange County District Attorney regarding concerns that there could be statute of limitation issues related to potential criminal activity. Mr. Love explained that the proposed refined scope of investigation will investigate issues of corruption and inappropriate conduct involving former Mayor Harry Sidhu and the proposed sale of Anaheim Stadium. The refined scope will include controversies related to the lease agreement between the City of Anaheim and the Angels Baseball organization, as well as the corruption issues identified in the Federal Bureau of Investigation (FBI) affidavit. This includes investigating the conduct of concurrent City and local elected officials, City staff, consultants, lobbyists, and others with direct involvement in these events. Additionally, the JL Group will investigate suspicious or questionable campaign donations to Anaheim elected officials which may have led to undue influence in any Council decisions or direction between 2012 and 2022. The City’s financial interactions and joint projects with the Anaheim Chamber of Commerce while under the leadership of Todd Ament will also be investigated. This will include financial interactions between the Chamber of Commerce, and Visit Anaheim, Anaheim First, and any other Political Action Committee and/or charitable entities associated with the Chamber. Mr. Love stated that the JL Group will also investigate potential Brown Act violations by elected City officials, as well as consultants and lobbyists that did business with the City on significant project and/or contracts. He further stated that any significant City Council actions including contracts, projects, and/or other official decisions, over the last ten years, wherein improprieties may have arisen in connection with those actions, specifically relative to issues of public corruption will be investigated. Lastly as part of the refined scope of investigation, the JL Group will review the applicability of local ordinances, policies, or procedures.
DISCUSSION: Council Member Meeks mentioned she supports the disclosure of the information realized from the investigation, to the FBI or the District Attorney’s Office, and expressed her appreciation for the additional information. She inquired regarding requests from the District Attorney (DA) and various statute of limitations timeframes. Mr. Love responded that the DA contacted the JL Group in August 2022 and provided details on the statute of limitations regarding the various potential crimes or offenses which are the subject of the investigation. He confirmed there have been no substantive conversations with the FBI. Council Member Meeks expressed concerns about the confidentiality of the report and the time extension to complete the investigation given the amount of work completed. Mr. Love confirmed the work can be completed under the scope and budget which has been presented. Mr. Love addressed Council Member Meek’s concerns regarding the identity of confidential sources in the report and expressed support to protect the identities of sources while preserving due process.
Council Member Leon asked Judge Smith to provide his personal definition of ethics. Judge Smith responded that ethics is the commitment to do the right thing when no one is watching and having the internal motivation to do what is right even in situations where there is no external motivation. Council Member Leon questioned if the JL Group did not receive the contract extension requested, if they would have enough resources to complete the original obligations outlined in the existing contract.
Mr. Love stated without the additional resources they would not be able to complete the investigation and an incomplete report would be provided. Judge Smith addressed the steps taken to address the notice from the City regarding the financial limitations and the best way to proceed. Judge Smith stated there was no direction to narrow the scope of the investigation following the notice of financial limitations.
City Council Minutes of February 28, 2023
Council Member Diaz stated he supports the conclusion of the investigation, contacting law enforcement, and making the results public. He stated it is the Council’s responsibility to question and vet all requests for change orders in any contractual agreement. Council Member Diaz questioned if the City could be exposed to liability from other bidders for the agreement, considering the price increase. City Attorney Fabela stated he does not feel there is risk exposure from awarding the contract to the lowest responsible bidder. Council Member Diaz expressed concern with the firm’s agreement to speak to news outlets. Mr. Love stated that the interview was a profile piece on their firm and Judge Smith. Mr. Love explained they did not disclose any information to the media that had not been disclosed publicly in the meetings.
Council Member Kurtz inquired as to the other law enforcement agencies which the firm had contact with. Mr. Love stated they contacted the FBI and the District Attorney’s Office, noting the firm was only notifying the DA’s office out of professional courtesy. He stated there was no information related to the investigation disclosed to the DA’s office, only a clarifying discussion regarding the statute of limitations. Mr. Love stated that Brown Act violations would fall under the purview of the District Attorney’s Office, while the “pay to play” allegations may not. Mr. Love stated the final report would include locally focused issues that could encompass criminal acts; however, it is under the DA’s authority to prosecute those acts. Mr. Love explained the JL Group will provide any documents related to the investigation, if authorized by the City Council, to outside law enforcement agencies.
Council Member Meeks requested clarification on the JL Group’s scope and bifurcating the investigation with the District Attorney’s Office. Mr. Love stated the timelines for the firm’s conclusion of their investigation may not coincide with the timelines for investigations that may be conducted by law enforcement agencies, such as the District Attorney’s Office. Mr. Johnson added the process to have a case filed with the DA’s office. Mr. Johnson explained the differences between administrative and criminal investigations.
Mayor Aitken stated that any information which can ensure the City can strengthen its internal controls and increase public transparency would be beneficial in addition to the investigative results.
She mentioned she is supportive of the JL Group turning over any documents to the District Attorney’s Office to assist with the conclusion of the investigation. She reported she is committed to moving forward with ensuring the public’s trust through the commitment to the investigation.
Council Member Leon confirmed with the firm that the final report for the investigation has already commenced. He expressed concern with some of the ways the process has unfolded, however, he does support the completion of the full investigation citing public transparency concerns.
MOTION: Council Member Leon moved to approve the item with stipulations including the firm staff providing budget updates and updates on their progress with the investigation, at each Council meeting until the process is completed.
DISCUSSION: In response to Mayor Aitken’s inquiry, Council Member Leon confirmed the updates can be provided via a written report provided to the City Council twice a month.
Mayor Pro Tem Rubalcava expressed her concerns with the firm participating in an interview with the Voice of OC and expanding the scope of the original agreement. She stated her concerns about the firm’s neutrality and the appropriateness of the firm’s contact with the media. Judge Smith expressed concern with the allegation that the firm is conducting a “shake down.” He clarified that he would not speak to the media regarding the content of the investigation, but rather the interview was profiling the firm’s expertise. Judge Smith stated comments provided by the firm were only those which had already been presented in the public domain.
City Council Minutes of February 28, 2023
Council Member Meeks expressed concern with the firm’s project management and requested details on the progress of the investigation and the findings report. She clarified she was satisfied with a monthly written report provided to the City Council.
Discussion ensued among the City Council regarding the specifics of the motion. City Attorney Fabela clarified the motion proposed by Council Member Leon and the comments by Council Member Meeks and including the limited Attorney-Client privilege waiver to allow the JL Group to share the investigation findings with the Orange County District Attorney’s Office. It was determined to bifurcate the motion on the overall subject agenda item.
Mayor Aitken seconded the motion. Mayor Pro Tem Rubalcava provided an additional request to the motion to include a provision that the JL Group refrain from speaking to the media until after the investigation is complete. She requested the action is taken in two motions to separate the attorney- client privilege waiver action from the contract extension motion. Council Member Leon agreed to the amended motion with the additional provisions provided by Mayor Pro Tem Rubalcava.
City Attorney Fabela clarified Council Member Leon would withdraw his initial motion and submit a revised motion with consideration that the motions would be bifurcated. Council Member Meeks requested the motion include the provisions for the revised scope of work and detailed monthly written reports.
Additional inquiries were provided by Council Member Diaz and Mayor Pro Tem Rubalcava regarding any additional costs for the monthly reports and including the City Attorney and City Manager in the investigation proceedings.
MOTION: Council Member Leon moved to approve an increase to the agreement with JL Group, LLC to a not to exceed amount of $1.5 million, approval of the scope of work as presented by JL Group, LLC, with the requirement that JL Group, LLC submits detailed monthly written reports indicating the percentage of work complete to the City Council; and that JL Group, LLC refrains from speaking to the media as it relates to the investigation until the investigation is complete, seconded by Mayor Aitken. AYES – 6 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, and Meeks); NOES – 0; ABSTAIN – 1 (Council Member Faessel). Motion carried.
MOTION: Council Member Meeks moved to approve a limited attorney-client privilege waiver to allow the JL Group to share its investigation with the Orange County District Attorney’s Office, seconded by Council Member Leon. AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
25. Consider approving a plan increase operational hours at the Anaheim Public Libraries, specifically Central, Haskett, East, and Canyon, beginning July 1, 2023 at a cost of $1,283,578 to be included in the Proposed FY 2023/24 budget.
Community Services Director Sjany Larson-Cash provided a staff report stating that at the request of Mayor Aitken, staff was asked to suggest a proposal that would expand library hours at city library branches, specifically to include Saturday or Sunday hours. By opening Anaheim Public Libraries on additional weekend days, residents will have access to added community programs, services and resources at times that are more convenient. The proposal amends library hours at four critical branches, which include Central Library, Haskett Library, East Anaheim Library, and East Anaheim Library. Central, East, and Haskett Libraries will be open on Sundays and Canyon Library on Saturdays providing seven days of Library service to West, Central, and East Anaheim.
City Council Minutes of February 28, 2023
Community Services Director Larson-Cash reported that if the proposed model is supported, it will be included into the next budget cycle for Fiscal Year 23/24. Staff will begin the appropriate staffing recruitments with the goal of implementing the proposed expansion in July of this year.
DISCUSSION: Mayor Aitken stated working parents requested increased operational hours, especially on the weekends. City Librarian Audrey Lujan provided additional information regarding the programs offered to other residents, including senior citizens.
Council Member Kurtz inquired whether other Library location hours, such as Sunkist, could be expanded. City staff stated it was researched and that expansion of Saturday hours would be preferred based upon their findings.
Council Member Meeks stated she could support the expansion of library hours, but not expanded or additional library programs at this time. She felt that the additional programming could be addressed during the budget process.
Council Member Faessel spoke regarding his preference that the operational hours be addressed at this time, and if possible, expand hours of operation at Sunkist.
Council Member Leon confirmed storytime is back in operation at the Library locations.
MOTION: Mayor Pro Tem Rubalcava moved to approve a plan to increase operational hours at the Anaheim Public Libraries, specifically Central, Haskett, East, and Canyon, beginning July 1, 2023 at a cost of $1,283,578 to be included in the Proposed FY 2023/24 budget and include increased operational hours at the Sunkist library. Mayor Aitken seconded the motion.
DISCUSSION: Council Member Meeks clarified the motion includes the cost of additional services.
Ms. Lujan provided detail on the associated costs and materials which will be entailed with expanding operational hours, including expanding hours at Sunkist. Director Larson-Cash stated more definitive cost information can be provided during the upcoming budget process as well.
Council Member Meeks expressed concerns regarding approving additional staffing to approve additional operating hours for positions that were not staffed at the libraries. She requested her Council colleagues consider a revised proposal to include the additional operating hours and consider additional funding for staff and programming until the budget process in June.
Director Larson-Cash provided historical information regarding Library staffing.
Council Member Kurtz expressed her preference that all City libraries are opened on Saturdays and requested additional cost information in that regard. Director Larson-Cash provided the cost information, stating it would be about $500,000 to open the Euclid and Sunkist libraries on Saturdays.
Council Member Diaz suggested allowing the City Manager to determine future needs for the City Library through the appropriate budget process. Mayor Aitken stated she is cognizant of budgetary implications which will be addressed in the upcoming budget process; however, initial expansion of certain operational hours does require initiating the process to hire additional staff.
City Manager Vanderpool clarified the motion that included the additional $250,000 budget expenditure to include an additional day of service at Sunkist Library.
City Council Minutes of February 28, 2023
MOTION: Mayor Pro Tem Rubalcava moved to approve a plan increasing operational hours at the Anaheim Public Libraries, specifically Central, Haskett, East, and Canyon beginning July 1, 2023 at a cost of $1,283,578 to be included in the Proposed FY 2023/24 budget and to include an additional day of service at Sunkist Library at an approximate cost of $250,000, seconded by Mayor Aitken.
ROLL CALL VOTE: AYES – 6 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, and Faessel); NOES – 1 (Council Member Meeks). Motion carried.
26. Consider (re)appointments to certain city Boards and Commissions with terms ending December 31, 2026; and appointments to unscheduled vacancies on the Community Services Board, Housing and Community Development Commission, and the Public Utilities Board with terms ending December 31, 2024.
Community Services Board (2 appointments)
District 3 appointment: Nichole Rupp (December 31, 2026) NOMINATION: Mayor Pro Tem Rubalcava nominated Nichole Rupp. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0.
Nomination approved.
District 4 appointment: Steven Douglas (December 31, 2024) (Unscheduled vacancy)
NOMINATION: Council Member Kurtz nominated Steven Douglas. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0.
Nomination approved.
Housing and Community Development Commission (1 appointment) District 4 appointment: Daniel Dominguez (December 31, 2024) (Unscheduled vacancy)
NOMINATION: Council Member Kurtz nominated Daniel Dominguez. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0.
Nomination approved.
Planning Commission (1 appointment)
District 2 appointment: Jeanne Tran (December 31, 2026) NOMINATION: Council Member Leon nominated Jeanne Tran. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0.
Nomination approved.
Public Utilities Board (1 appointment)
District 4 appointment: Talab Ibrahim (December 31, 2024) (Unscheduled vacancy)
City Council Minutes of February 28, 2023
NOMINATION: Council Member Kurtz nominated Talab Ibrahim. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0.
Nomination approved.
PUBLIC HEARING:
27. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
MITIGATION MONITORING PLAN NO. 386
DEVELOPMENT APPLICATION NO. 2021-00195
OWNER: Faith Lutheran Church of Anaheim, 2219 W. Orange Ave., Anaheim, CA 92804 APPLICANT: Jeff Weber, Melia Homes, 8951 Research Drive, Irvine, CA 92618 PROJECT LOCATION: This approximately 2.4-acre site is located at 2219 W. Orange Ave., on the north side of Orange Avenue approximately 150 feet west of Brookhurst Street.
REQUEST: The applicant requests approval to subdivide a 2.4-acre property currently developed with a church, preschool, and daycare facility, to develop a 1.3-acre portion of the property with 24 single-family attached townhomes in six residential buildings and associated improvements, with 10% of the units affordable to moderate income buyers. All homes would be three stories tall and would include attached two-car side-by-side garages on the ground floor. Vehicle access to the project site would be provided via one main driveway entry from Orange Avenue. The existing improvements on the 1.3-acre portion of the site would be demolished. A General Plan Amendment, Reclassification, Conditional Use Permit, and Tentative Tract Map are being requested.
ENVIRONMENTAL DETERMINATION: The City Council will consider whether the Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring Plan No. 386 prepared for the project are the appropriate environmental documentation for this request under the California Environmental Quality Act.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council approval of a General Plan Amendment, Reclassification, Conditional Use Permit, and Tentative Tract Map (PC2023-002, PC2023-003). VOTE: 5-0 (Chairperson Kring and Commissioners White, Henninger, Perez, and Walker voted yes; Commissioner Mouawad recused himself from the item due to a conflict of real property interest less than 1,000 feet from the property; one (1) Commission vacancy) (Planning Commission meeting of January 18, 2023)
RESOLUTION NO. 2023-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 386 for DEV2021-00195 (DEV2021-00195) (2219 West Orange Avenue).
RESOLUTION NO. 2023-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (General Plan Amendment) (DEV2021-00195) (2219 West Orange Avenue) [amending the land use designation from Corridor-Residential to Low-Medium Density Residential].
RESOLUTION NO. 2023-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting proposed Conditional Use Permit (DEV2021- 00195) (2219 West Orange Avenue).
RESOLUTION NO. 2023-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 19192 (DEV2021-00195) (2219 West Orange Avenue).
City Council Minutes of February 28, 2023
ORDINANCE NO. 6554 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (DEV2021-00195) (2219 West Orange Avenue) [reclassifying proposed Lot 2 of the Tentative Tract Map from “T” Transition zone to “RM-3” Multiple-Family Residential zone].
Planning and Building Director Ted White stated the item before the City Council is to consider construction of a 24-unit townhome project with 10% of the units affordable for moderate income buyers and was recommended for approval to the City Council by the Planning Commission at its January 18 meeting. He stated that the project site is located on Orange Avenue just west of Brookhurst Street and is currently developed with a church, preschool, and daycare facility.
Planning and Building Director White reported that the applicant requests a General Plan Amendment to redesignate the eastern portion of the property from the Corridor Residential land use designation to the Low-Medium Density Residential land use designation, which has a permitted density range of up to 18 dwelling units per acre. The proposed project would have a density of 18.47 dwelling units per acre, achieved with a 5% Affordable Housing Density Bonus. Additionally, the applicant requests the corresponding reclassification, or “rezoning”, of the property from the “T” Transition Zone to the “RM-3” Multiple-Family Residential Zone in order to implement the project.
Planning and Building Director White further reported the project includes the removal of the existing preschool and daycare buildings and the subdivision of the property into two parcels. He stated that the 24 units would be constructed in six, three-story buildings, consisting of two to four bedroom units with attached two-car garages. Vehicle access would be provided from a driveway on Orange Avenue, and a gated emergency access connecting to the church parking lot at the northwest corner of Lot 2.
Planning and Building Director White highlighted that the project is automatically eligible for housing incentives including a reduced parking requirement of 54 parking spaces. The project provides 55 parking spaces, exceeding the minimum requirement. He reported a conditional use permit is required for single-family attached units in the RM-3 zone. Modified development standards are also allowed in conjunction with the conditional use permit. As such, the applicant requests modification to building-to-building setbacks and interior structural and landscape setbacks.
Planning and Building Director White reported an Initial Study in support of a Mitigated Negative Declaration (IS/MND) has been prepared to evaluate the environmental impacts of the proposed project. The IS/MND was circulated to public agencies and interested parties and the City received no comment. He stated staff and the Planning Commission considered the proposed project and believes that it is designed in a manner that will provide a quality living environment for its future residents and is compatible with the surrounding land uses.
DISCUSSION: Mayor Pro Tem Rubalcava expressed concerns regarding the project’s proposed parking. Director White confirmed the parking allocations for each unit and there were 7 spaces reserved for guests. He noted the challenges regarding increasing parking, especially considering State law regarding affordable housing. Mayor Pro Tem Rubalcava inquired whether there is anything the City can do to work with developers regarding increasing parking even in light of State law.
Council Member Meeks stated she also has concerns about parking and inquired as to the Church’s needs for parking. Mr. White and Senior Planner Nicholas Taylor provided specifics as to parking matters which were worked out between the applicant and the Church. They provided information regarding ratio requirements as related to parking.
City Council Minutes of February 28, 2023
Council Member Faessel inquired as to the small upper windows and a representative from Melia Homes confirmed they were windows in the stairwell.
Council Member Leon met with the developer and also expressed mindfulness of the parking impacts. He is in support of the proposed project and is a great use of the property which provides low-income housing in the community.
Council Member Diaz stated this type of development allows the City to address the housing shortage in California. He stated he is in support of the subject project.
Mr. White provided detail as to the housing numbers and developer incentives allowed by the State in response to Mayor Aitken’s inquiry.
Mayor Pro Tem Rubalcava confirmed the project requires two separate motions, including an amendment to the General Plan, and inquired whether the project applicant would be willing to include additional units.
Council Member Leon reported ex-parte communication with the applicant.
Mayor Aitken opened the public hearing. It was noted there were no electronic public comments submitted.
Chad Brown, representing the applicant, Melia Homes, introduced the project and provided various details on their other projects. He noted the cost to provide affordable units under the laws and regulations are substantial and the developer has worked within the parameters to offer a quality project. It will reduce traffic generation. The applicant responded to inquiries from Council Member Leon by stating project timelines and addressing parking requirements under the project’s Declarations of Covenants, Conditions, and Restrictions (CC&Rs).
Seeing no further comments, Mayor Aitken closed the public hearing.
MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2023-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 386 for DEV2021-00195, seconded by Council Member Meeks. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
MOTION: Council Member Leon moved to approve RESOLUTION NO. 2023-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (General Plan Amendment) (DEV2021-00195) (2219 West Orange Avenue), seconded by Council Member Faessel. ROLL CALL VOTE: AYES – 6 (Mayor Aitken and Council Members Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 1 (Mayor Pro Tem Rubalcava). Motion carried.
MOTION: Council Member Kurtz moved to approve RESOLUTION NO. 2023-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting proposed Conditional Use Permit (DEV2021-00195) (2219 West Orange Avenue) and RESOLUTION NO. 2023-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 19192 (DEV2021-00195) (2219 West Orange Avenue) and introduce ORDINANCE NO. 6554 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to City Council Minutes of February 28, 2023
zoning (DEV2021-00195) (2219 West Orange Avenue), seconded by Council Member Leon. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried. Ordinance introduced.
REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non-agenda items): None
COUNCIL COMMUNICATIONS:
Council Member Faessel reported his Council Aide’s attendance at a Municipal Water District of Orange County water policy forum. He announced a recent flashlight walk with Anaheim Police Department and residents of the Frontera-Jackson neighborhood. He announced his attendance at the Orange County Labor Federation Martin Luther King Jr. Breakfast at the Union Food and Commercial Workers Labor Union in Buena Park. He reported his attendance along with Mayor Pro Tem Rubalcava at a District 3 food distribution event and the Muzeo exhibit opening. He reported his staff’s attendance at a community meeting for scholarship preparation and mentioned his attendance at Youth and Government Day, District 5 community meeting, and at the Besos restaurant ribbon cutting event.
COUNCIL AGENDA SETTING:
Mayor Pro Tem Rubalcava requested publishing the tree-cutting schedules and an item to discuss the restoration of a mural to celebrate Chicano Heritage Month, explore opening a museum at Little People’s park to capture Chicano history in District 3, and requested staff work with the Cultural & Heritage Commission.
Mayor Aitken requested an item to revise the City Council calendar moving the July 25th Council Meeting to July 11th.
Council Member Kurtz requested the Code Enforcement and Police Department response times throughout the City excluding the Resort area.
City Manager Vanderpool shared that staff can present Council with a report detailing the response times and stated if Council requested additional information to explore a policy discussion, the item can be brought forward to the City Council.
ADJOURNMENT:
At 11:30 P.M., with no further business to conduct, Mayor Aitken adjourned the City Council in memory of Anaheim business owner Daniel “Dan” Doller and Anaheim resident Maria De La Luz Cruz.
Respectfully submitted,
Theresa Bass, CMC
City Clerk