Ashleigh E.
Aitken
Mayor
Natalie
Rubalcava
Mayor Pro
Tem
District 3
Jose Diaz
Council
Member
District 1
Carlos A.
Leon
Council
Member
District 2
Norma
Campos Kurtz
Council
Member
District 4
Stephen
Faessel
Council
Member
District 5
Natalie
Meeks
Council
Member
District 6
200 S. Anaheim Blvd.
Anaheim, CA 92805
Tel: (714) 765-5166
Fax (714) 765-4105
www.anaheim.net
ANAHEIM CITY COUNCIL
REVISED AGENDA
OCTOBER 24, 2023
CITY
COUNCIL
HOUSING
AUTHORITY
�
ORDER
OF BUSINESS:
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Public sessions of all regular meetings of
the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Housing and Public Improvements Authority begin at 5:00 P.M.
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Public hearings begin
at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted.
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Closed sessions may
be preceded by one or more public workshops.
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If a workshop is scheduled, the subject and time of the workshop will appear on the agenda.
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Not all of the above
agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chamber, 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted.
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Pursuant
to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
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REPORTS:
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All
agenda items and reports are available for review in the City Clerk�s Office and
www.anaheim.net/councilagendas.
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Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) are available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2
nd
Floor, Anaheim, CA 92805 and by contacting
the office by phone, 714-765-5166, or email to
[email protected]
.
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PUBLIC
COMMENTS:
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There are two Public Comment
periods with speakers having one opportunity to address the City Council, except for scheduled public hearing items.
Public comments are limited to three (3) minutes per speaker, unless a different time limit is announced. The City uses speaker cards that must be submitted to the City Clerk in order to address the City Council. �
Prior
to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session for the first
Public Comment period where speakers will be permitted to speak on specific agenda item(s).
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This first Public
Comment period is limited to 90 minutes or until all agenda item speakers have been heard, whichever is later.
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Any
remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is exhausted.
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The
second Public Comment period will be opened by the Mayor if any non-agenda item speakers were not called during the first Public Comment period. �
For
public hearings, t
he Mayor or Chairperson will separately call for
testimony at the time of each public hearing.
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Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or Chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant.
Speakers shall
refrain from profane language and other disruptive remarks or behavior which disrupts or disturbs the meeting, or risk being removed (AMC 1.12.017).
Additionally, members of the public may correspond with the City Council and all other related agencies, on any agenda items or matters within the jurisdiction of such governing bodies, by submitting comments electronically for City Council consideration by sending them to
[email protected]
.
To ensure distribution to
the City Council prior to consideration of the agenda, please submit comments at least 2 hours prior to the scheduled start time of the meeting.
Those
comments, as well as any comments received after that time, will be distributed to the City Council, posted on the City�s website, and will be made part of the official public record of the meeting. Current and archived public comments are available at
www.anaheim.net/publiccomment
. Contact the City Clerk�s
Office at 714-765-5166 or
[email protected]
with any questions.
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ADDITIONS/DELETIONS:
Items of business may be added to the agenda upon
a motion adopted by a minimum
2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency.
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CONSENT CALENDAR:
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Consent
Calendar items will be acted on by one roll
call vote unless a member(s)
requests an item(s) be discussed and/or removed from the Consent Calendar for separate action.
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SERVICIOS DE TRADUCCION
�
(TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA
FOR DESCRIPTION IN ENGLISH)
:
La ciudad
provee
servicios
de
interpretaci�n
al
espa�ol
en
las juntas del
Consejo. La
interpretaci�n
simult�nea
al
espa�ol
se
ofrece
por
medio del
uso
de
aud�fonos
y la
interpretaci�n
consecutiva
(
espa�ol
a
ingl�s
)
tambi�n
est�
disponible para
cualquiera
que
desee
dirigirse
al
Ayuntamiento
,
declarando
su
petici�n
en
el
podio
. No
tiene
que usar
los
servicios
de
interpretaci�n
de la
Ciudad; las personas
pueden
proveer
su
propio
int�rprete
,
si
lo
desean
.
�
Debido
a que
existen
muchos
dialectos
y
regionalismos
, la Ciudad no
puede
garantizar
que
los
int�rpretes
puedan
traducir
a un
dialecto
o
regionalismo
en
particular y
reh�sa
cualquier
responsabilidad
que
surja
de
tales
servicios
.
�
Para
servicios
de
interpretaci�n
en
otros
idiomas
,
comun�quese
con la
oficina
de la Ciudad (City Clerk),
cuando
menos
48 horas antes de la junta
programada
.
ANAHEIM CITY COUNCIL
ANAHEIM,
CALIFORNIA
OCTOBER 24, 2023
4:00 P.M.
Call
to order the Anaheim City Council.
4:00 P.M. � closed session
ADDITIONS/DELETIONS
TO CLOSED SESSION:
PUBLIC
COMMENTS ON CLOSED SESSION ITEM:
Recess
to closed session.
1. CONFERENCE WITH LEGAL
COUNSEL-EXISTING LITIGATION
(Subdivision
(d)(1) of Section 54956.9 of the California Government Code) Name of Case:
Orange County Water District, et
al. v. 3M Company, et al., Orange County Superior Court Case No. 30-2020-01172419-CU-PL-CXC, consolidated with In re Aqueous Film-Forming Foams Prods.
Liab
. Litig., United States District Court for
the District of South Carolina Case No. 2:18-mn-02873 (�AFFF MDL�), Member Case No. 2:22-cv-1798-RMG
Reconvene
the Anaheim City Council.
5:00 P.M.
INVOCATION:
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Pastor Gregory Tucker, Hope
Community Church/Anaheim Bag of Hope Project
FLAG SALUTE:
�������
Council Member Carlos A. Leon
PRESENTATIONS:
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Recognizing
the legacy of lifelong Anaheim
resident Cruz Pinelli
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Anaheim Fall Festival and Halloween
Parade Committee Presentation
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing October 8-14,
2023, as Code Enforcement Officer Appreciation Week
Recognizing October 22-28,
2023, as National Childhood Lead Poisoning Prevention Week Recognizing November 1, 2023 as Extra Mile Day
Call to order Anaheim Housing Authority (in joint session with the City Council).
ADDITIONS/DELETIONS TO THE
AGENDAS:
PUBLIC COMMENTS (all agenda items, except public
hearing):
(limited to 90 minutes, or until all agenda item speakers have been heard; any time remaining shall be provided to non-agenda item speakers)
COUNCIL
COMMUNICATIONS:
CITY
MANAGER�S UPDATE:
Recess the Anaheim City
Council
.
5:00 P.M. - HOUSING AUTHORITY
CONSENT
CALENDAR:
1. Approve the transfer of $1,000,000 to the Senior Safety Net Program, with proceeds coming from the Housing Authority held Low-Moderate Income Housing Asset Fund, in the amount of $500,000, and the other $500,000 deriving from housing developer voluntary contribution funds; authorize the Executive Director, or designee, to execute all documents related to the administration, management, and implementation of the Senior Safety Net Program to provide a range of rental assistance and supportive services to Anaheim seniors, including minor modifications to program guidelines; and increase the Housing and Community Development Department�s Fiscal Year 2023/24 budget by $500,000.
2. RESOLUTION NO.
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A
RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY authorizing the use of $2,000,000 in Low and Moderate Income Housing Asset Funds to make a
50.3% match of PRO Housing grant funding; authorizing the Executive Director of the Anaheim Housing Authority, or designee, to administer the Low and Moderate Income Funds on behalf of the Anaheim Housing Authority and act as the agent of the Housing Authority on all matters concerning the PRO Housing grant funding.
Authorize increase to Housing and Community Development Department�s Fiscal Year 2023/24 revenue and expenditures budget accordingly, if the grant application is successful and funds are approved (related to City Council Agenda Item No. 17).
3. Approve minutes of the Housing Authority meeting of
September 12, 2023.
Adjourn the Anaheim
Housing Authority.
Reconvene the Anaheim City Council.
5:00 P.M. - CITY COUNCIL
MOTION:
__________ Waive reading of all
ordinances and resolutions and adopt the consent calendar .
CONSENT CALENDAR:
4. Receive and file minutes of the Library Board meeting of September 11, 2023.
5. Approve recognition recognizing Disney
VoluntEARS
for their hours of service and dedication to the
Anaheim community.
6. Deny the request for a rehearing of the City Council�s decision, on September 12, 2023, denying on appeal a Conditional Use Permit to permit a charter school with up to 480 students ranging from Transitional Kindergarten to 8th Grade at an existing church and pre-school site [Development Application No. 2021-00218; 2780 East Wagner Avenue].
7. Accept funding from the State of California and increase the Community Services Department�s Fiscal Year 2023/24 budget by $1,500,000 in support of the Anaheim Mobile Family Resource Center Program.
8. Accept the bid from Landscape West Management Services, Inc., in an amount of $684,960 plus a 20% contingency, to provide landscape maintenance services covering west-center and west areas of the City 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 #9719.
9. Accept the bids from Veterans Communication Services, Inc., All-Pro Communication Technologies, Inc., and Radonich Corp DBA Cal Coast Telecom, in a combined amount not to exceed $275,000, to provide citywide data, telephone & fiber optic cabling services 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 #9718.
10. Award the construction contract to the lowest responsible bidder, Towo Enterprise, Inc., in an amount of $1,194,550, for the Concrete Facilities Removal and Replacement - Citywide Phase 10 Project; authorize the Director of Public Works to execute the contract and related documents and to take the necessary or advisable 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.
11. Approve the Orangethorpe Avenue (Placentia Avenue to Kraemer Boulevard) Cooperative Agreement with the City of Placentia, in an amount not to exceed $200,000, for the construction and administration of the Orangethorpe Avenue Rehabilitation from Community Drive to Kraemer Boulevard within the City of Anaheim, authorize the Director of Public Works, or designee, to execute the Agreement and related documents and to take the necessary actions to implement and administer the agreement.
12. Approve the Final Map and Subdivision Agreement of Tract No. 19170 with KB Homes Coastal, Inc., located at 1075-1085 N. Harbor Boulevard and 523 W. Victor Avenue for a one-lot subdivision for condominium purposes to construct a 31-unit single-family residential project with recreational open space and common areas, private drive, and a dog park.
13. Approve a Software Services Agreement with
SwiftComply
, Inc., with an annual subscription cost of
$25,000, a 5% annual escalator for user licenses and ancillary support and maintenance, a 10% contingency for needed, unforeseen extra services all in an annual amount not to exceed $45,000 for initial system implementation and ongoing, as-needed professional software engineering services to upgrade Anaheim�s water protection compliance systems for a one year term with automatic annual renewals; and authorize the Public Utilities General Manager, or designees, to execute and deliver the Agreement and related documents, including any work orders or order forms as referenced in the Agreement; to update the Agreement�s Exhibit A (Scope of Services); and to take the necessary actions to implement, fund, and administer the Agreement.
14. Approve a Memorandum of Understanding (MOU) with the Superior Court of California, County of Orange for participation in the Firearm Relinquishment Grant Program with term beginning July 1, 2023 through June 30, 2025; authorize the Chief of Police, or designee, to execute the MOU, all grant agreements, and required documents and to take the necessary actions to implement such grant agreements and required documents; and increase the Police Department�s Fiscal Year 2023/24 revenue and expenditure appropriations by $489,473.
15. RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2023 Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant Program, authorizing the Chief of Police or his designee to execute all required grant documents, and increasing the budget for Fiscal Year 2023-24 accordingly [grant award in the amount of $6,104,863].
16. RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2023 Enhanced Collaborative Model (ECM) Task Force to Combat Human Trafficking Grant, authorizing the Chief of Police, or his designees, to execute all required agreements and grant documents, and amending the budget for the Fiscal Year 2023-24 accordingly [grant award in the amount of $750,000].
17. RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the filing of a U.S. Department of Housing and Urban Development (HUD) pathways to removing obstacles to housing (PRO Housing) grant application for approximately $6,994,659 million for the creation of an affordable housing trust fund and city livability lab; authorizing the Director of Housing and Community Development, or her designee, to receive and administer grant funding and act as the agent of the City on all matters concerning the PRO Housing Grant Program.
Increase the Housing and Community Development Department�s Fiscal Year�s 2023/2024 revenue and expenditures budget accordingly if the grant application is approved (related to Housing Authority Agenda Item No. 2).
18. RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM forming Underground District No. 71 (Olive/Vermont) and determining said action is exempt from the California Environmental Quality Act pursuant to Sections 15301(b), 15302(c), 15302(d), and 15303 of Title 14 of the California Code of Regulations.
BUSINESS
CALENDAR
:
19. ORDINANCE NO.
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(INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Sections 1.11.010 (Definitions) and 1.11.070 (Lobbyist Registration) of Chapter 1.11 (Sunshine Provisions) of the Anaheim Municipal Code to strengthen and expand the regulations of the lobbyists program, and establish an auditing process.
Determine that the ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, Section 15378(b).
MOTION:
������������������������������
20. Consider and discuss potential revisions to Anaheim Municipal Code Section 1.11.080.030 to require lobbyists who act as advisors to City officials to report their advisory contacts to the City.
MOTION:
������������������������������
21. Discuss and provide direction to staff on 1) the possible expansion of a whistleblower protection policy, 2) the possible expansion or modification to the City�s ethics hotline, and 3) possible consequences for findings of Council Member misconduct.
MOTION:
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22. Receive information on the current policy for the City Manager�s purchasing authority and provide direction to staff, as necessary.
MOTION:
������������������������������
23. ORDINANCE NO.
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(INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending Chapter 3.04 of Title 3 of the Anaheim Municipal Code and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility it will have a significant effect on the environment and it is not a project pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378 [amendment to require subcontractors to disclose recent labor code violations when obtaining a business license].
24. District 4 appointment to an unscheduled vacancy to the Housing and Community Development Commission to a term ending December 31, 2024.
Housing and Community Development Commission
District 4 appointment:
���������������������������������������������������������� �
(December 31, 2024)
(
Unscheduled Vacancy
)
25. RESOLUTION NO.
���������������������������
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM, CALIFORNIA, reciting the fact of the Special Municipal Election held on Tuesday, October 3, 2023, declaring the result, and such other matters as may be provided by law.
5:30
P.M. PUBLIC HEARING:
26. A public hearing to consider the adoption of Ordinance No. 6561, renewing Ordinance No. 6528 approving the Police Department�s Military Equipment Use Policy as modified, and renumbered, and authorize the use, pursuit of funding for, and acquisition of the military equipment described in Policy 705 (previously numbered Policy 706).
ORDINANCE NO.
6561 (ADOPTION) AN ORDINANCE OF
THE CITY OF ANAHEIM renewing, with modifications, Ordinance No. 6528 approving the Anaheim Police Department�s Military Equipment Use Policy pursuant to California Government Code Section 7071 [introduced at Council meeting of October 17, 2023, Item No. 20].
Land Use -
Zoning
REPORT ON CLOSED
SESSION ACTIONS:
PUBLIC COMMENTS
(non-agenda items):
(opened only if any remaining non-agenda speakers
were
not called
to speak during the first Public Comment period)
cOUNCIL AGENDA SETTING:
Adjournment:
Next
regular City Council meeting is scheduled for November 7, 2023.
All agenda items and reports are available for review in the City Clerk�s Office and
www.anaheim.net/councilagendas
,
and the Central Library.
�
Any
writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 during regular business hours and by contacting the office by phone, 714-765-5166, or email to [email protected]
.
If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
Any person who requires
a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk�s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, by telephone at (714) 765-5166, or via email to [email protected]
, no
later than 8:00 AM on the day of the scheduled meeting.
TRANSLATION SERVICES:
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Spanish interpreting services are provided at
City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist, the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. For translation services in other languages, contact the City Clerk�s office no later than 48 hours prior to the scheduled meeting.
VIEW CITY COUNCIL
MEETINGS LIVE AND ARCHIVED:
�
Anaheim City Council meeting videos can be viewed live on the City�s website at
www.anaheim.net/councilvideos
.
POSTING STATEMENT:
�
On October
21, 2023 (revised), a true and correct copy of this agenda was posted on the kiosk outside City Hall, 200 S. Anaheim Blvd., Anaheim, CA. Internet Access to City Council, Agency, and Authority agendas and related mate rial is
available prior to meetings at
www.anaheim.net
.