ANAHEIM CITY COUNCIL
REGULAR MEETING OF MAY 16, 2023
Pursuant to Government Code Section 54953, Subdivision (b), the regular meeting included teleconference participation by Council Member Norma Campos Kurtz from: 513 Tayrn Dr., Charleston, South Carolina 29492. The notice and agenda were posted at the teleconference location. Public comment on the agenda from this address was allowed pursuant to Government Code Section 54954.3.
The regular meeting of May 16, 2023 was called to order at 4:03 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 May 11, 2023.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Stephen Faessel, and Natalie Meeks (in person). Council Member Norma Campos Kurtz (via teleconference).
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 4:04 P.M., Mayor Aitken recessed to closed session for consideration of the following:
1. 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)
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
At 5:11 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, Stephen Faessel, and Natalie Meeks (in person). Council Member Norma Campos Kurtz (via teleconference).
INVOCATION: President Scott Hicken, Church of Jesus Christ of Latter-Day Saints FLAG SALUTE: Council Member Stephen Faessel
ITEM # 24
City Council Minutes of May 16, 2023
PRESENTATIONS: Presentations taken out of order
Anaheim Public Utilities Board Presentation
Public Utilities Board Chairman John Seymour introduced himself and members of the board.
Chairman Seymour provided an overview of the board’s duties and displayed a video showcasing the board’s Fiscal Year 2023 accomplishments. He highlighted the board’s areas of focus including reliability, affordability, and sustainability. He noted tours and events hosted by the Public Utilities Department and highlighted competitions, scholarships, and retirement recognitions. He mentioned he has served on the board for six years and thanked the City Council for their support.
Mayor Aitken stated her appreciation for Chairman Seymour and the Public Utilities Board Members for their service. She thanked Public Utilities General Manager Dukku Lee for his work.
Recognizing Chance Theater for recently earning 14 OC Theater Guild Awards Mayor Aitken presented the recognition to Chance Theater Managing Director Casey Long.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing May 21 – 27, 2023, as National Public Works Week Public Works Director Rudy Emami accepted the recognition for National Public Works Week. During the acceptance of the proclamation, Mr. Emami announced that City Engineer Carlos Castellanos earned the prestigious American Public Works Association (APWA) 2023 Top Ten Public Works Leaders of the Year Award. He noted that in 2015, Council Member Meeks won the award. Mr.
Emami introduced APWA President-Elect, Lisa Rapp to present the award to City Engineer Castellanos.
Recognizing June 20, 2023, as World Refugee Day
Recognizing June 2023, as Immigrant Heritage Month
Recognizing June 2023, as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month
Director of Community Partnerships Don Han with Orange County Human Relations accepted the recognition for LGBTQ Pride Month and thanked the City Council.
Recognizing Mothers Against Drunk Driving (MADD)’s PowerTalk 21 Campaign Program Manager Melissa Estelle with Mothers Against Drunk Driving accepted the recognition and provided information on MADD’s PowerTalk 21 Campaign. She shared a story regarding a friend who lost their life in a drunk-driving accident.
ADDITIONS/DELETIONS TO THE AGENDA: None
City Council Minutes of May 16, 2023
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, City Clerk Theresa Bass provided an outline of procedures for public comments, notice of translation services, and a brief decorum.
City Clerk Theresa Bass reported that a total of 903 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 940 public comments were received electronically, distributed to the City Council, and made part of the official record]. – See Appendix.
Linda Barnett, Vice Chair of the Community Services Board, noted she was available to answer any questions in regard to recommendations for the funding for nonprofits.
Kelli Price representing members of the Church of Jesus Christ of Latter-Day Saints in the greater Anaheim area highlighted their placement of “giving” machines around the world. She requested the Council assist their organization to find a location for a machine in the Anaheim area.
Brandon Garr, owner of Grand Legacy Hotel in Anaheim, commented on the company’s legacy in assisting their workers and spoke in opposition to the initiative presented under Item No. 19.
Marshall Weinstein spoke in support of the economic impact study presented under Item No. 19 in order to provide the residents and voters with accurate information. He expressed concern regarding the impact of the proposed initiative as it is currently written.
Card #3098 expressed concern regarding the economic impact of the initiative presented under Item No. 19 on the hotel industry and requested an economic impact study of the matter.
Keith Ogburn expressed concern regarding the wording of the subject matter in the initiative presented under Item No. 19 and requested an economic impact study of the item.
Amil Patel expressed concern regarding the wording of the subject matter in the initiative presented under Item No. 19 and its impact on the hotel industry.
Greg Eisenman expressed concern regarding the economic impact of the initiative presented under Item No. 19 on the hotel industry and requested an economic impact study of the matter.
Lara Watkins works in the hotel industry and requested an economic impact study of the matter presented under Item No. 19.
Suren Badalian, co-owner of the Tropicana and Camelot hotels on Harbor Boulevard, requested an economic impact study of the matter presented under Item No. 19.
Judy Pao, co-owner of Alpine Inn, requested an economic impact study of the matter presented under Item No. 19, citing the potential negative impacts of the initiative as proposed.
Derrick Lee, co-owner of Alpine Inn, spoke in opposition to the proposed initiative as presented under Item No. 19.
Bharat Patel, owner of Castle Suites, spoke in support of hotel worker health and safety as related to the matter presented under Item No. 19.
City Council Minutes of May 16, 2023
Jesse Watkins, General Manager of Best Western Plus, requested an economic impact study of the matter presented under Item No. 19.
Kelly Laimana, General Manager at Best Western, supported the safety measures but opposed the wording of the subject matter in the initiative presented under Item No. 19 and requested an economic impact study of the matter be conducted.
Cindy Smith commented on her work in the hospitality industry and expressed concern regarding the wording of the subject matter in the initiative presented under Item No. 19 and requested an economic impact study of the item.
Michael Galliano, CEO of My Day Counts, which serves the disabled community and assists them with acquiring employment in the hotel industry in Anaheim. He requested the Council obtain facts as related to the matter presented under Item No. 19.
Dara Maleki spoke in opposition of the subject matter in the initiative presented under Item No. 19 and requested an economic impact study of the item.
Mike Robbins spoke regarding Item No. 10 and requested the Council be transparent with its business concerning Anaheim Stadium and also to be mindful of living wage provisions.
Taylor Gregory, General Manager of the Candlewood Suites, expressed concern regarding the wording of the subject matter in the initiative presented under Item No. 19.
Laura Cunningham, President of the Anaheim Chamber of Commerce, spoke in opposition of the subject matter in the initiative presented under Item No. 19 and requested an economic impact study of the item.
Lucas requested an economic impact study of the item in the initiative presented under Item No. 19.
He spoke in support of the item under consideration as presented under Item No. 18.
Teresa Garcia (translation: Spanish) stated she is a housekeeper at the Sheraton Park Hotel in Anaheim and spoke in opposition of the subject matter in the initiative presented under Item No. 19.
Ada Briceno, co-President of UNITE HERE Local 11, spoke in support of the initiative as presented under Item No. 19, citing the need for fair pay and safety provisions for hotel workers, and in opposition to the matter presented under Item No. 18.
Alejandra Colon, representing Orange County Supervisor Vicente Sarmiento, who submitted a letter in support of the initiative as presented under Item No. 19, citing the need for fair pay and safety provisions for hotel workers.
Anthony Badalian, representing the ownership group of the Tropicana and Camelot hotels, spoke in opposition of the subject matter in the initiative presented under Item No. 19 and requested an economic impact study of the item.
Gaston Castellanos in support of the initiative as presented under Item No. 19, citing the need for fair pay and safety provisions for hotel workers.
Florice Hoffman spoke in support of the initiative as presented under Item No. 19, citing the need for fair pay and safety provisions for hotel workers.
City Council Minutes of May 16, 2023
Nahla Kayali, founder and executive director of Access California services, expressed gratitude for continued support and the Community Development Block Grant (CDBG) funding to her company which provides services to Anaheim residents.
Vern Nelson commented on the number of people in attendance and requested the meetings be conducted in a virtual format to allow for more participation. He inquired if there would be enough time to conduct the economic study requested under Item No. 19.
Charles Eman, General Manager of Portofino Inn and Suites, requested an economic impact study of the item presented under Item No. 19.
Marta Mellon, representing the Anaheim Hotel, spoke in opposition of the subject matter in the initiative presented under Item No. 19
Dr. Cynthia Smith, program director of Creative Identity, a therapeutic music and expressive arts program for adults with intellectual and developmental disabilities, spoke in support of the annual action plan and its CDBG funding recommendations by the Community Services Board.
Austin Lynch, Orange County Organizing Director of UNITE HERE Local 11, spoke in opposition to the matter presented under Item No. 18, and in support of the initiative as presented under Item No.
19. Jake Bowman, Medieval Times employee, spoke in support of the initiative as presented under Item No. 19.
Sean Drexler spoke in support of the initiative as presented under Item No. 19, citing the need for better pay and conditions for hotel workers.
Paige Patterson, employee at Hilton Hotel, spoke in opposition to the matter presented under Item No. 18, and in support of the initiative as presented under Item No. 19.
Gabriela Marquez spoke in opposition to the matter presented under Item No. 18.
Kourosh Karimi spoke in support of the initiative as presented under Item No. 19.
Maria Uceda spoke in opposition to the matter presented under Item No. 18 and in support of the initiative as presented under Item No. 19.
Jimena Baculima (translation: Spanish) stated she is a housekeeper at the Sheraton Hotel and spoke in opposition to the matter presented under Item No. 18.
Maria G. Ortiz (translation: Spanish) spoke in opposition to the matter presented under Item No. 18.
Maria Perez (translation: Spanish) spoke in opposition to the matter presented under Item No. 18.
Nabor Palomino (translation: Spanish) spoke in opposition to the matter presented under Item No. 18, and in support of the initiative as presented under Item No. 19.
Antonio Rodriguez, employee at Hilton Anaheim, spoke in support of hotel workers having livable wages and in support of the initiative as presented under Item No. 19.
City Council Minutes of May 16, 2023
Penelope Lopez spoke in support of UNITE HERE Local 11, better conditions for hotel industry workers, and the initiative as presented under Item No. 19.
Carolina Mendez spoke in support of the initiative as presented under Item No. 19, citing the need for fair pay and safety provisions for hotel workers.
Hairo Cortes, Executive Director of CHISPA, spoke in support of United Here Local 11, better conditions for hotel industry workers, and the initiative as presented under Item No. 19.
Adam Overton, Faith-Rooted Organizer with CLUE (Clergy & Laity United For Economic Justice), spoke in opposition of Item No. 18 and in support of the initiative as presented under Item No. 19, citing the need for livable wages for employees.
Norma Hernandez, Anaheim Hilton and Disneyland Hotel employee, spoke in support of the initiative as presented under Item No. 19, citing the need for fair pay and safety provisions for hotel workers, and in opposition to Item No. 18.
Jeanette Rodriguez, Communication Specialist at Hilton Anaheim, spoke in opposition to Item No. 18 and in support of the initiative as presented under Item No. 19.
Alejandro Lupercio, Vice President of Social Services for Meals on Wheels Orange County, spoke regarding the various services the organization provides to senior citizens and thanked the Council for their continued support of their organization’s programming.
Cassandra Perez, District Director for Congressman Lou Correa, read into the record a message from the Congressman who was in support of the initiative as presented under Item No. 19, citing the need for fair pay and safety provisions for hotel workers.
Samantha Marquez, Executive Director of the Anaheim Orange County Hotel Lodging Association, requested an economic impact study of the item presented under Item No. 19.
Marc Herbert suggested the City Council proceed with all items presented under Item No. 19 to give both sides an opportunity to be heard.
Victor Vallodares, Executive Director of Comunidad, spoke in support of UNITE HERE Local 11, better conditions for hotel industry workers, and the initiative as presented under Item No. 19.
Parker, presented various financial data regarding the hotel industry in Anaheim and requested that an economic impact study is conducted, to ensure the most current data is utilized.
Art Castillo cited his history working in the City and that he also worked for Disneyland. He expressed concern regarding the mistreatment of hotel and resort industry workers and also commented on the past corruption in the City.
Mirvette Judeh spoke in support of better conditions for hotel industry workers, and the initiative as presented under Item No. 19.
Cesilia Vega in support of better conditions for hotel industry workers, and the initiative as presented under Item No. 19.
City Council Minutes of May 16, 2023
Bob Donelson spoke in support of the passage of Item No. 10, citing the need for transparency. He also spoke in support of better conditions for hotel industry workers, and the initiative as presented under Item No. 19.
Mazatl Tepehyolotzin spoke in support of indigenous peoples’ rights and in support of the initiative as presented under Item No. 19.
William O’Connell, employs over 300 team members at his family owned and operated motels, requested that an economic impact study be conducted as related to the initiative presented under Item No. 19.
Jeanine Robbins requested that certain Council Members should recuse themselves from consideration of Item No. 19, as they received campaign donations from UNITE HERE. She expressed concerns with the tactics taken by Unite Here as related to the initiative petition process and requested an economic impact study.
Card #3273 cited the unique characteristics of Anaheim and spoke of the challenges in owning and operating a hotel. He expressed concern with the language of the initiative as presented under Item No. 19 and requested an economic impact study.
Kenneth Batiste expressed concerns with the way Disneyland and other hotel industry workers are treated and the need for rent control in the community.
Card #2397 spoke in support of the initiative as presented under Item No. 19, citing the need for hotel industry workers to unite and receive better working conditions and wages.
Ruben Soto spoke regarding the cannabis industry and the negative impacts it is having on the community and expressed concern with how hotel industry workers are treated.
Bryan Kaye offered his comments in Spanish and then English. He expressed concern with his negative treatment by members of law enforcement.
Cecilia Flores expressed concern with a proposed charter school which is scheduled to open on a property currently housing a church facility, citing negative traffic, parking, and safety impacts. She spoke in opposition to the proposed project’s approval.
Council Member Kurtz reported no public comments from the teleconference location.
COUNCIL COMMUNICATIONS:
Council Member Kurtz announced that on May 6, the Anaheim Library Euclid Branch held a grand opening of the children’s area, which is inspired by an enchanted forest. She thanked staff for a great event. She reported that on May 12, Roosevelt Elementary School held the unveiling of their plaque commemorating the new school and she thanked Mayor Aitken for attending the event and thanked Principal Anna Kim and her team. On May 15, the Anaheim Elementary School District held their Parent Leadership Institute event, recognizing parents who go out of their way to help students at school and in the community. Council Member Kurtz thanked the Anaheim Police Department Mounted Enforcement Unit for presenting at Ponderosa Elementary School, specifically Officers Ryan Nichols and Dominic Borelly. She also thanked Vice Principal Lindsey Rhoades and Jessica Scott for organizing the event.
City Council Minutes of May 16, 2023
Council Member Faessel requested the City Council meeting adjourn in memory of Anaheim resident John F. Minogue, who had been listed as missing in action since 1943, and was returned to his family and buried April 20, 2023. He noted he attended Reborn Cabinet’s 40th anniversary, and the Anaheim Library Euclid Branch grand opening. Council Member Faessel attended Congressman Lou Correa’s Act (Accelerate Change Together) event in which a grant check was presented to the Anaheim Community Foundation. He highlighted the Public Safety Academy at Sycamore Junior High School and noted that 32 students graduated from the program. He attended the First 5 Orange County Kid Builders launch event at Sunkist Elementary School, the Roosevelt Elementary School plaque presentation, and a CHOC fundraiser at the Grove of Anaheim. He also visited with his grandchildren on Mother’s Day.
Council Member Diaz highlighted The Girl Cave LA Anaheim Beauty Supply and Salon at 1215 South Beach Boulevard. He noted the business carries a variety of products, has great service, and smells good. Council Member Diaz recognized the business owner, for trying to improve the area by participating in the Rebuild Beach meetings, and he encouraged everyone to visit the business.
Mayor Pro Tem Rubalcava thanked all the public speakers who expressed their opinions on very important agenda items. She highlighted the Teen Center located at the Downtown Anaheim Youth Center and referenced Project S.A.Y. (Support Anaheim’s Youth) a program which gives Junior High and High School age youth a safe place to do homework. She noted that Congressman Lou Correa secured $1 million in funding to help at-risk youth in the community through Big Brothers, Big Sisters Orange County, Girls, Inc., and Anaheim Family YMCA. She noted that the Anaheim Police Department Mounted Enforcement Unit visited Price Elementary School and the T-K and Kindergarten students were excited and happy to speak with police officers who promoted community policing on horseback. Mayor Pro Tem Rubalcava noted that one of the top issues in District 3 is urban coyotes. She noted that she attended a neighborhood meeting on Dickel Street along with staff from several City departments and a coyote trapper, to provide resources and inform residents about how they may be able to ward off coyotes and keep their neighborhood safe. She mentioned that along with Council Members Faessel and Leon, she attended CHOC Children’s Hospital Southwest Tower topping off ceremony. She noted the new tower will allow for additional children throughout Orange County to obtain services. Mayor Pro Tem Rubalcava highlighted the Girl Scouts, Voice for Girls gold winner for her mental health project, and noted the winner will be invited to help kick-off a suicide awareness initiative that District 3 will be hosting. Mayor Pro Tem Rubalcava shared that she toured the Anaheim Family YMCA complex and recommended that individuals looking to support a non-profit, donate to the Anaheim Family YMCA. She attended the Anaheim Elementary School District Parent Leadership Institute event and thanked the parents who are supporting the effort of educating the workforce of the future and elementary schools. She mentioned her attendance at the National Hispanic Business Women Association event horning Executive Director Gloria Alvarado, Orange County Labor Federation, as women of the year. She mentioned Ms. Alvarado is one of the most influential and important people that she has had the opportunity to work with. Mayor Pro Tem Rubalcava welcomed District 3’s newest resident, Julien Rhodes Lefebvre. In memoriam of District 3 residents, she announced the passing of Cecilia Villalobos, two children, and her Aunt Ortencia Rubalcava. Mayor Pro Tem Rubalcava highlighted Gloria Molina who also passed away. Ms. Molina was a Mexican American Chicana trailblazer, who was the first Latina to serve on the Los Angeles City Council, County Board of Supervisors, and in the State Assembly. In the 1970’s, Ms. Molina was active in the Chicano movement which shaped her political career. She advocated for many issues including environmental justice, health care, and public transit.
Council Member Meeks thanked the non-profits who receive Community Development Block Grant funding and who serve the community. She noted that at the last Council meeting, she spoke about City Council Minutes of May 16, 2023
ways to protect a home from burglaries, and shared that she was reminded that the City provides free dusk to dawn lights, with information available on the City’s website.
Council Member Leon congratulated the Community Services Department for an awesome Cinco de Mayo Festival. He had the opportunity to attend the grand opening of the Anaheim Library Euclid Branch Children’s Enchanted Forest event. He thanked Principal Librarian, Monica Sanchez and her team for a great event. Council Member Leon attended the CHOC Children’s Hospital Southwest Tower topping off ceremony and noted that the new tower will expand services for children. He thanked the CHOC hospital for the invitation and for their continued hard work in helping children and families across the county. He attended the Magnolia High School band banquet and helped recognize some of the graduating seniors of the program. He noted he was involved with the program when he was in high school and it made a big impact in his life. He thanked everyone who supports performing arts in Anaheim communities. Council Member Leon highlighted Almas Fashion as the May Business of the Month located off Brookhurst Street, and the Restaurant of the Month El Tango Empanadas.
Mayor Aitken noted that the City had an amazing Cinco de Mayo Festival and it was wonderful seeing many Anaheim families celebrating together. She thanked the Committee and everyone in the Community Services Department for organizing the event. She attended the Silk Road Unity Festival, which celebrates the trade route from Asia to the Middle East via its various cultures’ food, music and art. At that event, she accepted an award on behalf of her father-in-law, who passed away in 2021, for his work with the Orange County Interfaith Network. Mayor Aitken mentioned that Anaheim hosted former Speaker of the California State Assembly and Los Angeles Mayor Antonio Villaraigosa, who is now the Infrastructure Advisor to Governor Gavin Newsome. She thanked Matthew Hicks from OC Vibe and the Anaheim Transportation Network (ATN) for the tour and presentation regarding infrastructure projects in Anaheim. Mayor Aitken mentioned she was invited to speak at the OC Tax Panel along with Irvine Mayor Farrah Khan and Santa Ana Mayor Valerie Amezcua, and thanked Mayor Pro Tem Rubalcava and Council Member Diaz for attending. Mayor Aitken attended the plaque dedication at Roosevelt Elementary. She mentioned that she and Interim Chief of Police Jorge Cisneros hosted a community roundtable discussion with Attorney General Rob Banta to prevent, address, and better understand hate crimes and incidents. She announced that on May 25th at 6:00 P.M. at the Anaheim Hills Golf Course, she and Council Member Meeks will be hosting a community meeting to address traffic and safety concerns along Nohl Ranch Road and Serrano Avenue. Deputy Police Chief Rick Armendariz and Director of Public Works Rudy Emami will also attend to answer questions.
CITY MANAGER’S UPDATE:
City Manager Jim Vanderpool congratulated Housing and Community Development Director, Grace Stepter and her team because U.S. Department of Housing and Urban Development (HUD) Deputy Assistant Secretary Claudia Monterrossa joined local HUD staff to meet with City staff to review the City’s use of HUD funds. Ms. Monterrossa was incredibly complementary to the City of Anaheim in all aspects including programming, use of funds, projects, reporting of funds, and compliance. She even joked at one point that the City received “straight A’s.” City Manager Vanderpool stated that he is proud of the Housing and Community Development Team who each day provides stellar services to the City’s most vulnerable population.
City Manager Vanderpool announced that Anaheim Public Utilities is encouraging customers to go green and learn about ways to be more sustainable at their annual OC Green Expo. Residents can test out electric vehicles and e-bikes, recycle old electronics, and get information on energy and water efficiency. This family-friendly event will be held on June 10 between 10 A.M. and 2 P.M. along City Council Minutes of May 16, 2023
Center Street Promenade. Please visit Anaheim.net to get more information and to register for the free event.
City Manager Vanderpool mentioned that at the last City Council meeting he informed the City Council that the Anaheim Fire & Rescue (AF&R) Department was implementing a plan to educate Anaheim youth on the dangers of opioid overdoses. He noted the City developed a plan to utilize funds received from an opioid settlement to equip “Opioid Overdose” boxes in each school and provide subsequent training on how to treat an overdose. He was happy to report that due to the training by AF&R, a school administrator was able to assist a student in crisis and saved the students life.
CONSENT CALENDAR: At 9:12 P.M., the Consent Calendar was considered with Council Member Kurtz pulling Item Nos. 10 and 11 for separate discussion and consideration.
MOTION: Council Member Meeks moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each City Council Member, seconded by Council Member Faessel.
ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
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.
City Council Minutes of May 16, 2023
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.).
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. 2023-026 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 City Council Minutes of May 16, 2023
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. 2023-027 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. 2023-028 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. 2023-029 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. 2023-030 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:
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.
DISCUSSION: Council Member Kurtz inquired as to the length of time to receive the full report on this item. In response, Executive Director of Convention, Sports & Entertainment Tom Morton confirmed the report would be received in approximately two months.
MOTION: Council Member Kurtz moved to 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, seconded by Council Member Faessel. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0.
Motion carried.
City Council Minutes of May 16, 2023
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.
DISCUSSION: Council Member Kurtz inquired whether the reimbursement funds are already set aside by the State of California, as she understood there was a multi-billion dollar shortage of funds available.
Director of Public Works Rudy Emami responded the funds are budgeted high speed rail money, which came through bond funding. The item is a reimbursement agreement. Any time City staff spends reviewing any of the State’s design documents, as they are processing environmental clearance documents, the City gets reimbursed. If the City will not be reimbursed, the City could always stop doing the reviews. To date, with similar agreements, the State has always reimbursed and paid the invoices on time.
Council Member Faessel inquired as to the kind of work that is being conducted for the high speed rail, and if it is a right-of-way that has been finalized to come through Anaheim at some point in the future. He expressed concern that the City is committed to a right-of-way, and he is not in support.
Director Emami responded the subject matter document is for the environmental review, to be able to have the public, cities, all affected agencies and stakeholders to be able to review that they are trying to plan to stay within existing right-of-ways, but they are also looking at being a tenant in the Arctic.
Staff will talk to them about parking locations, space in the building, how they will cross streets, grade separations of those streets, and possible closures of those streets. They will come to the City with a series of asks of what they would like to do within the City. And this gives the City they opportunity to review those documents, but also recover the staff time costs in reviewing those documents and providing comments.
MOTION: Council Member Meeks moved to 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, seconded by Council Member Faessel. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
18. Discuss and provide direction to staff regarding the key terms to be included in a future proposed City Ordinance addressing hotel worker safety.
DISCUSSION: Mayor Pro Tem Rubalcava provided a brief history of her background and her family’s work history at local hotels. She requested to agendize the consideration of a City ordinance regarding the safety of Anaheim’s hotel workers and summarized a series of terms to be included, or at least considered, as part of a more comprehensive hotel worker safety ordinance. The terms to be included in the proposed ordinance include a safety button for employees working in a guest room or restroom facility, clarification on responses to incidents from law enforcement, reporting incidents to City Council Minutes of May 16, 2023
hotel management, a response team dedicated to alerts, allowance of paid time to report incidents, and written notice to hotel guests on the safety ordinance. She noted her suggestions were evaluated with the City Attorney’s Office.
Council Member Faessel inquired how the matter under consideration in Item No. 18 would intersect with the ordinance contemplated under Item No. 19.
City Attorney Robert Fabela responded that whether tonight or at the next meeting, the Council will be making a decision as to whether or not to adopt the proposed initiative in Item No. 19 or to send it to the voters. If Item No. 19 is adopted by voters, it would supersede any existing ordinance on the same subject, including the ordinance contemplated in Item No. 18. If the ordinance is not adopted by the voters, the existing ordinance would stand.
Mayor Pro Tem Rubalcava stated she is not concerned if the ordinance is overturned by a superseding ordinance, in that the hotel workers would be protected either way.
Council Member Meeks thanked Mayor Pro Tem Rubalcava for bringing the item forward for Council discussion. She highlighted the importance of understanding imminent threats and a response to those situations.
Council Member Leon inquired as to the timeline for adoption of the ordinance and the methods for enforcement.
City Attorney Fabela noted Mayor Pro Tem Rubalcava would likely introduce the ordinance at the next meeting, then it could be adopted at the following City Council meeting. The Charter required 30 days for the ordinance to become effective unless the proposed ordinance provides for a different timeline. He also stated the ordinance could contain some sort of civil cause of action by the hotel workers or if there are provisions that emulate the proposed ordinance in Item No. 19, there are multiple paths, including contacting the Anaheim City Manager’s Office to conduct investigations or civil lawsuits. The Council has discretion as to what to include in the ordinance. He stated he would work with Mayor Pro Tem Rubalcava to draft an ordinance based upon the input received from Council.
Mayor Pro Tem Rubalcava stated she would like to have the hotels keep records of compliance, with Code Enforcement possibly also having records as well. If the ordinance proposed in Item No. 19 is adopted by voters, it may not include the various safety provisions included in the City’s own drafted ordinance.
Council Member Diaz mentioned the conflicts stated by the public speakers. There is a hotel worker safety issue and supports the issue, as it makes sense. He wants to make sure that the City’s provisions are not in conflict with safety measures already in place at hotels. He wants to ensure that proper caution is taken in drafting the ordinance.
Council Member Faessel expressed concern regarding the timeline for implementation of the safety measures by the hotels and wanted to ensure they have enough time.
Mayor Aitken requested City staff reach out to the City of Irvine, as they went through a similar process recently. She also expressed support for the records retention component of the proposed ordinance and prohibitions against retaliation for reporting violations.
Council Member Meeks concurred with Mayor Aitken’s request to contact the City of Irvine.
City Council Minutes of May 16, 2023
Council Member Leon expressed support for also getting feedback from hotel workers themselves.
Mayor Pro Tem Rubalcava also suggested a hotline and other worker-related resources where hotel employees could get information and also report violations without fear of retaliation.
Council Member Kurtz agreed with the comments made by fellow hotel workers and stated she heard from hotel workers about the dangers they are facing. She does not want to wait to implement the safety provisions and is supportive of the City moving forward to draft an ordinance.
City Attorney Fabela reported that staff has enough information to draft a proposed ordinance for Council consideration. He mentioned a motion is not necessary but can be considered.
MOTION: Mayor Pro Tem Rubalcava moved to direct staff to draft a proposed ordinance addressing hotel worker safety, 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.
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. 2023-031 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.
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
City Council Minutes of May 16, 2023
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.
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.
DISCUSSION: Mayor Aitken reported a referendum was certified and the Council must consider a resolution as it is a certification by the Registrar of Voters confirming the sufficiency of the verification of signatures of the proposed petition, along with the payment of costs to the Registrar of Voters (ROV) for certification. Following a vote to approve the resolution the Council can consider further action.
MOTION: Council Member Kurtz moved to approve RESOLUTION NO. 2023-031 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” and 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, seconded by Council Member Faessel. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0.
Motion carried.
Upon acceptance of the certification of the Orange County Registrar of Voters, the City Council considered three courses of action to: 1. By Ordinance, adopt the initiative, without alteration; or 2. By Motion, direct staff to prepare a resolution submitting the initiative measure to a vote by the electorate of the City; or 3. By Motion, order a report on the effect of the proposed initiative measure to be presented to the City Council at the June 13, 2023 Council meeting.
City Clerk Theresa Bass reported an initiative was submitted and accepted for filing following a prima facie review on March 21, 2023. The initiative was forwarded to the ROV for signature verification and determined the petition contained the requisite number of signatures, totaling 16,842 signatures.
Following the approval of Resolution No. 2023-031, the City Council has accepted the certification from the ROV. She stated the Anaheim City Charter and Elections Code requires the City Council to take one of the following actions: 1. Adopt the ordinance, without alteration; or 2. Submit the initiative measure, without alteration, to the voters at a future election; or 3. Order a report on the effect of the initiative to be presented to the City Council within 30 days. If the City Council chooses to call an election, the election shall be held at the next General Municipal Election scheduled for November 5, 2024. Pursuant to State law, the City Council may call a special election to be held between 88 days and 103 days from the date the election is called. Ms. Bass highlighted the cost difference between placing the initiative on the next General Municipal Election ballot versus a one-measure special election.
City Manager Vanderpool summarized the content of the proposed initiative petition in the report. City Manager Vanderpool stated that the initiative would include the Anaheim Convention Center, Angel Stadium, Honda Center, and The Grove. City Manager Vanderpool detailed what would be included in a report on the effect of the proposed initiative measure. He stated the study would provide City Council Minutes of May 16, 2023
additional information to the public and the City Council and noted the report would be presented to the City Council at the June 13 meeting consistent with California State law.
DISCUSSION: Council Member Meeks expressed support for the City to conduct a comprehensive impact study of the effects of the proposed initiative if adopted.
Council Member Leon confirmed he is both pro-business and pro-worker, and cited various examples of the safety issues hotel workers are experiencing. He expressed support for the adoption of the enacting ordinance at this meeting.
Council Member Diaz cited his responsibility to adopt the budget each year and to thoroughly understand the consequences of the actions that the City takes when it adopts policies. He expressed support for the conduct of the comprehensive impact study of the effects of the proposed initiative if adopted.
Council Member Kurtz concurred with Council Members Meeks and Diaz to conduct a comprehensive impact study of the effects of the proposed initiative.
Council Member Meeks expressed concern about the effects of the initiative without conducting an economic analysis.
Mayor Pro Tem Rubalcava concurred and expressed support for the conduct of the comprehensive impact study of the effects of the proposed initiative if adopted, and offered a number of suggestions to be included in the study.
Council Member Faessel concurred and expressed support for the conduct of the comprehensive impact study of the effects of the proposed initiative if adopted.
Mayor Aitken stated her reasons for supporting the adoption of the ordinance as presented, citing the working conditions for hotel staff, and also to ensure the small hotel owners and associated entities also were considered. She noted that the ordinance is a start to address issues of poverty.
MOTION: Council Member Leon moved to adopt 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, seconded by Mayor Aitken. ROLL CALL VOTE: AYES – 2 (Mayor Aitken and Council Member Leon); NOES – 5 (Mayor Pro Tem Rubalcava and Council Members Diaz, Kurtz, Faessel, and Meeks); Motion failed.
MOTION: Council Member Meeks moved to 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, seconded by Council Member Faessel.
DISCUSSION: Mayor Pro Tem Rubalcava inquired if the preparation of the economic impact study could include separating out the hotel worker element as an individual component.
City Manager Vanderpool responded that staff completed some advance preparation work on this item, and that the safety element could be looked at separately from the economic impacts. He did state there is a very tight timeline for completion of the study.
City Council Minutes of May 16, 2023
Mayor Pro Tem Rubalcava stated the importance of understanding any liability the City would be exposed to if the ordinance was adopted. She reinforced her support for hotel worker safety.
Mayor Aitken inquired as to the enforcement mechanisms and how those would be measured, including impacts to City property and collective bargaining agreements already in place. She also inquired regarding the process and consultants involved with completing the economic impact study.
City Attorney Fabela responded that under the language of the initiative itself, were it to be adopted or passed by the voters, would supersede as far as anything that contradicts any sort of agreements made in labor agreements that would supersede those provisions. He cited an example such as the minimum wage would then supersede any sort of wages that were provided in a labor agreement. He emphasized that the initiative would not exempt hotels from labor agreements. The language of the initiative itself would supersede any labor arrangements.
Mayor Aitken inquired about the consultants that would be conducting the economic impact study and the mechanisms that they will use to study the effects on City-owned assets, Transient Occupancy Tax (TOT), the impact of higher wages, and effects on small businesses in the City.
City Manager Vanderpool stated that the Elections Code provides areas of exploration for the economic impact report. The areas specified in the staff report were exclusive to the City’s finances, labor agreements, compaction issues, and revitalization and improvements. He mentioned with the time constraints, his office began the process of vetting consultants and narrowed the selection to two consultants, Beacon Economics and Baker Tilly. He noted Beacon Economics would focus on revenue impacts on the TOT and Resort District, while Baker Tilly would focus on potential costs to the City including Convention Center operations, labor costs, compaction issues, and other impacts to City-owned event centers. He provided the not to exceed costs of the two reports and background on the consultants.
In response to Mayor Aitken’s inquiry, City Manager Vanderpool confirmed both companies have previously worked with the City.
Council Member Meeks cited the various matters and components which she believed should be evaluated in the study, to ensure comprehensive analysis of the matter, as it is a very competitive market, but also a very expensive destination.
City Attorney Fabela stated there is a provision in the initiative that indicates that the employer and the workers can mutually agree to waive provisions of the initiative, but it is nothing that can be unilaterally imposed on the workforce. There is a provision but it has to be mutually agreed to.
In response to Council Member Leon, City Manager Vanderpool spoke regarding the different components which would be reviewed by various consultants in the study, including the impact on the City’s financial position. Director of Finance Debbie Moreno explained the process of bifurcating the process and why the City will be utilizing two consultants for the study.
Council Member Leon expressed support for the inclusion of the sales tax revenue in the study, and also how much the City contributes or pays for any low-income programs.
City Manager Vanderpool confirmed the timeline for the production of the report and that it would be available with the publication of the June 13, 2023 agenda packet. Ms. Moreno stated the consultants could not promise the reports would be produced sooner than the publication of the agenda.
City Council Minutes of May 16, 2023
Mayor Pro Tem Rubalcava recommended resources at Cal State University, Fullerton who could assist with elements of the study. She inquired as to the resort stakeholders who would be contacted.
Ms. Moreno responded it would be the larger hotels in the area. Mayor Pro Tem Rubalcava also requested the smaller hotels be contacted as well.
Council Member Faessel inquired as to the collective bargaining agreement referenced on Page 13, regarding any waivers.
City Attorney Fabela responded that any part thereof may be waived pursuant to a bonafide collective bargaining agreement, but only if the waiver is expressly set forth and clear in unambiguous written terms. Both parties have to mutually agree in clear and unambiguous written terms that provisions of the ordinance are waived, and neither party to a collective bargaining relationship may waive or supersede any provision of this chapter by means of unilateral imposed terms and conditions of employment. City Attorney Fabela stated the employer cannot unilaterally impose or nor the labor organization can unilaterally impose any sort of waiver of this initiative if passed.
Council Member Meeks concurred in her interest to include smaller hotels in the study of economic impacts.
Council Member Leon inquired if the budget for the study could be increased to include all elements discussed for the study.
Ms. Moreno noted there is a very tight timeline to turn the study around and the consultants want to ensure that they are able to provide the type of analysis required. The inclusion of various additional elements may not be able to be accommodated given the timeline.
Council Member Kurtz concurred in her interest to include smaller hotels in the study of economic impacts.
Council Member Leon inquired if the study would be citywide, or just focusing on the resort.
Ms. Moreno confirmed it would primarily focus on the resort as it provides 93% of the transient occupancy tax.
MOTION: Council Member Meeks moved to 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, seconded by Council Member Faessel. ROLL CALL VOTE:
AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
20. Receive an informational report on sidewalk vending and provide direction to staff, as necessary.
DISCUSSION: Council Member Diaz cited his support for immigrant businesses and entrepreneurship, and noted several of the business owners had reached out to him to express concerns regarding the potential negative health or other impacts of sidewalk vendors.
Planning and Building Director Ted White introduced the item which was presented by Community Preservation and Licensing Manager Brittney Malenofski and Orange County Health Care Agency Assistant Director Darwin Cheng. Mr. Cheng highlighted the County’s food safety program. He noted City Council Minutes of May 16, 2023
changes in legislation including Senate Bill (SB) 946 and Senate Bill 972. Ms. Malenofski provided information on the City’s updated regulations and enforcement of the new legislation.
Mr. Cheng introduced the new Compact Mobile Food Operation (CMFO) which operate as mobile food facility which operates from an individual or other nonmotorized conveyance. He noted CMFO’s can only conduct “Limited Food Preparation”, meaning the food must be ready to serve. He and Ms.
Malenofski provided additional elements required by SB972. He compared the permitting process between the County and the City. Mr. Cheng discussed issues the County encounters and food safety concerns. Ms. Malenofski provided details on unpermitted street food vending within the City, public right-of-way concerns, and education and outreach. Mr. Cheng and Ms. Malenofski highlighted the partnership between the City and the County and the enforcement measures of both agencies.
Council Member Diaz reiterated his support for immigrant businesses and entrepreneurship, however, he noted the significant health safety concerns arising from sidewalk vending.
Mr. White commented on the various partnerships the City has developed in addressing the health and safety concerns related to sidewalk vending, noting it is an evolving industry and evolving framework of regulations. Increasing the budget and staff for code enforcement can certainly benefit the process, however, there is a very large volume of related activity.
Council Member Diaz requested whether the City could research safe spaces for vendors to operate, which could assist with the health concerns.
Council Member Faessel inquired regarding the number of unpermitted vendors in Anaheim on any particular night, as well as the type of altercations which have taken place. Ms. Malenofski responded it was approximately 15 to 20 vendors per night and that enforcement activities need to be compliant with laws and regulations. Ms. Malenofski provided detail as to the agreement with the County for various related enforcement activities. Mr. Cheng provided additional information related to County enforcement for food and equipment confiscation.
Ms. Malenofski reported the City has been investigating the source of the vendors and stated they often originate outside of Orange County. Mr. Cheng mentioned the County is exploring a Memorandum of Understanding (MOU) with partnering agencies to provide additional resources for enforcement.
In response to Council Member Meeks, Ms. Malenofski confirmed the City does not have any licensed food vendors, but does have a few licensed flower vendors. Ms. Malenofski also detailed the various fines for violations.
Mayor Pro Tem Rubalcava suggested writing a letter to County supervisors and requesting that they add additional funding to the Health Care Agency for enforcement purposes. She did disclaimer her comments that she does not believe that all street vending is created equal and cited certain health and safety concerns with specific types of street vending.
In response to Mayor Pro Tem Rubalcava, Mr. Cheng reported other agencies are addressing their concerns with the Health Department, however, the cities centrally located experience more issues.
He addressed County staffing and the need for additional funding for additional enforcement. He reiterated the purpose of a potential MOU with partnering agencies. Ms. Malenofski provided additional information regarding street vending issues throughout the City including in the Resort District.
City Council Minutes of May 16, 2023
Council Member Leon confirmed with staff that the majority of street vending in Anaheim is not mom- and-pop type of operations. Ms. Malenofski confirmed there are some of those types of vendors, but the most common are the larger, more organized types which are set up in multiple locations within the City and other cities. Mr. Cheng noted investigation efforts from the County and how the County is addressing those issues. Ms. Malenofski also confirmed they have impounded a significant amount of food and equipment from illegal street vendors.
In response to Mayor Aitken, Ms. Malenofski provided detail as to their enforcement and confiscation mechanisms. Ms. Malenofski stated that staff is currently reviewing other agencies' ordinances to expand on the City’s enforcement efforts. Mr. White confirmed City staff will clear sidewalks if there is an issue of Americans with Disabilities Act (ADA) compliance. Mr. White highlighted the importance of the City’s partnership with the County to effectively address concerns.
Mayor Pro Tem Rubalcava inquired regarding the amount of sales tax generated in Anaheim that goes to the County, citing how the City can work with the County to get additional resources to assist with enforcement and education on this matter. City Manager Vanderpool provided detail as to the sales tax information, generally, and they would return to Council with additional confirmation.
Council Member Kurtz acknowledged staff’s efforts on this matter and its increasing impacts on City resources and staff time. She stated her support for working toward a solution with the County. She inquired regarding the impacts of food vendor parking and if there is an ability to regulate that as a component of this process.
Ms. Malenofski responded City staff works closely with private property owners, and there is a process to issue citations for vehicles parked illegally without the owner’s consent.
Informational item; Direction was provided to staff to prepare a letter requesting that the Orange County Board of Supervisors increase the Health Care Agency’s budget to enforce street vending violations.
21. Receive an overview of the Economic Development Department [Informational Item].
Economic Development Director Sergio Ramirez introduced the staff members of the Economic Development Team. He provided a summary of the mission, size, budget and budget allocations, objectives, goals and successes of the Economic Development Department. He noted the Department’s accomplishments to date include the redevelopment of the 39 Commons site, Emprendedores Entrepreneurship Class, and the disposition of the property located at 1314 S.
Sanderson Ave. previously the Rancho Del Rio Stables.
DISCUSSION: Mayor Pro Tem Rubalcava thanked the team for their presentation and stated her continued support for retaining existing businesses, the Cal State Fullerton SBA initiative, a plan on attracting new businesses that would generate tax revenue, and a focus filling empty shopping centers. The filling of vacancies at empty shopping centers could provide assistance with other issues, including potential housing opportunities and addressing community security needs. She would like to see an ordinance or other mechanism that would require business operators to maintain their property and keep it safe.
Council Member Faessel thanked the team for their presentation and concurred with the need for a plan on attracting new businesses as well as retaining existing business.
City Council Minutes of May 16, 2023
Council Member Leon inquired whether the economic revitalization signs were in place citywide. City staff confirmed the signs were in one district, but they would like to expand them throughout the corridor. Discussion ensued regarding bringing certain properties to the Council for direction as related to the Surplus Land Act compliance requirements.
Council Member Leon inquired if there was a pathway to address empty lots that are not City-owned.
City staff responded they are contemplating a citywide survey to assess properties, but the data could quickly become outdated. Staff will work with the City Manager’s Office to identify the potential for repurposing properties.
Council Member Diaz thanked the team for their efforts related to Beach Boulevard. He also expressed support for the City’s efforts to address vacant storefronts in their economic development plans.
Informational item; no action taken.
REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non-agenda items): None
COUNCIL COMMUNICATIONS:
Council Member Leon thanked the City Council for supporting a proclamation declaring June 2nd as National Gun Violence Awareness Day. He recommended that everyone in the City of Anaheim wear orange on June 2nd in honor of Hadiya Pendleton who was tragically shot and killed at age 15, as well as all victims of gun violence.
COUNCIL AGENDA SETTING:
Council Member Faessel requested an agenda item to discuss what services the City has available for residents during tragic events.
Mayor Pro Tem Rubalcava requested a crime rate update due to multiple burglaries at businesses on Anaheim Boulevard. She recommended recognizing Hardin Honda for donating a car to the family who suffered the tragedy at Pearson Park because it was their only source of transportation.
ADJOURNMENT:
At 12:03 A.M. on May 17, 2023, Mayor Aitken adjourned the City Council meeting in memory of Anaheim resident John F. Minogue, who had been listed as missing in action since 1943 and was returned to his family and buried on April 20, 2023.
Respectfully submitted,
Theresa Bass, CMC
City Clerk