ANAHEIM CITY COUNCIL
REGULAR MEETING OF NOVEMBER 19, 2024
The regular meeting of November 19, 2024 was called to order at 4:00 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 November 14, 2024.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Norma Campos Kurtz, Jose Diaz, Carlos A. Leon, Natalie Rubalcava, Stephen Faessel, and Natalie Meeks.
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 4:01 p.m., Mayor Aitken recessed to closed session for consideration of the following:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of California Government Code Section 54956.9): One Potential Case (A copy of the claim against the City is included in the agenda packet and available for review by contacting the City Clerk’s Office and on-line electronically with the agenda at: www.anaheim.net/councilagendas.)
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 Organizations: Anaheim Police Management Association and Anaheim Fire Association
At 5:07 p.m., Mayor Pro Tem Kurtz reconvened the Anaheim City Council.
MEMBERS PRESENT: Mayor Pro Tem Norma Campos Kurtz and Council Members Jose Diaz, Carlos A. Leon, Natalie Rubalcava, Stephen Faessel, and Natalie Meeks
MEMBER ABSENT: Mayor Ashleigh E. Aitken
INVOCATION: Pastor James Bove, Calvary Chapel Anaheim
Council Member Faessel announced that as his term concludes, he highlighted the opportunities he’s had to lead the City. He requested that the audience join him in his last time to praise the continued collaboration of Anaheim’s elected officials for a better City.
FLAG SALUTE: Council Member Stephen Faessel
City Council Minutes of November 19, 2024
PRESENTATIONS: Recognizing City Employee Retirees with 20+ years of Service Mayor Pro Tem Kurtz recognized the exceptional career of retiring Anaheim employees. She acknowledged the lasting impact the employees have had on the City. She noted that each retiree has dedicated much of their life to public service—whether through essential services, supporting colleagues, or ensuring everything runs smoothly. She shared that their work has been key to Anaheim’s success, and their legacy will continue to shape the community. She mentioned that their contributions are invaluable and wished the retirees the best in their retirement. She recognized Police Sergeant Michael McAlpine, Community Investment Manager Stephen Stoewer, and Parks Services Coordinator Leo Aguirre. Mr. Stoewer and Mr. Aguirre were not in attendance to accept the recognition.
Recognizing Anaheim Fall Festival Committee’s efforts in the 100th Anniversary of the Fall Festival and City Department Floats Mayor Pro Tem Kurtz recognized the Anaheim Fall Festival Committee for the 100th Anniversary of the Fall Festival and Halloween Parade. She shared that the milestone reflects Anaheim's rich history, neighborhoods and the creativity of the City’s people. She noted that generations of families, local artists and performers have contributed to the celebration, and none of it would be possible without the vision and hard work of the Committee members. She added that their passion and creativity have revived the event and made it better to honor the past and embrace the future. On behalf of the Anaheim community, she thanked the Committee for their dedication and hard work.
Anaheim Fall Festival Committee Member Keith Olesen thanked the City Council for the recognition.
He shared that with the participation over the last few years, the Festival and Parade will celebrate more years of success. He encouraged the public to volunteer. He thanked City staff for assisting with the Festival and Parade and noted that the event has become a true partnership between the City and the community.
Mayor Pro Tem Kurtz reported that for the first time in the event’s history, the City departments participated in the parade with their own floats. She announced that the winner was the Public Works Department and congratulated them.
City Manager Vanderpool thanked City employees who participated. He highlighted employees’ dedication to serving the community and their ability to participate in community events. He announced it is an honor to serve as City Manager and to participate in the Parade.
Recognizing Yesenia Rojas for her appointment as a local migrant deputy for the State of Guanajuato, Mexico
Mayor Pro Tem Kurtz recognized Yesenia Rojas as the newly appointed local migrant deputy for the State of Guanajuato, México. She shared that Ms. Rojas has long understood the challenges of migration and immigrants — the separation of families, the struggles of resettlement and the hopes for a better future. She noted that Ms. Rojas has become a proactive force for change, advocating for migrant rights, access to services and policies promoting inclusion. She reported that her appointment as local deputy is a testament to her dedication, leadership and the trust the community and her home state have in her. She shared that Ms. Rojas embodies resilience, determination and hope, proving that no matter the obstacles, anyone can rise to make a difference. She congratulated Ms. Rojas and highlighted the continued support the community will have in this new chapter in her public service. She also recognized Audrey Rivera Gómez, Head Consul at the Consulate of México in Santa Ana, who was in attendance to support Ms. Rojas.
City Council Minutes of November 19, 2024
Ms. Rojas expressed gratitude and invited former Mayor Tom Tait to join her. She shared that it is an honor as an immigrant whose parents settled in Anaheim for a better life when she was around nine or ten years old. She thanked the Council, former Mayor Tait, and the community. She explained that if the community works together, the community can make a difference. She shared that everyone needs to be united and work together for families. She provided gifts to the City Council from Guanajuato and invited the public to visit Guanajuato. She provided her comments in Spanish.
Recognizing Anaheim Fire and Rescue for their assistance with Hurricane Helene and Hurricane Milton
Mayor Pro Tem Kurtz recognized the extraordinary efforts of Anaheim Fire & Rescue during Hurricanes Helene and Milton. She shared that during times of crisis, the community relies on first responders to protect and serve with courage and resilience. She noted that when the hurricanes devastated Florida, Anaheim Fire & Rescue went above and beyond, working alongside local agencies and community organizations in hazardous conditions. She added that their selflessness, coordination, and dedication were vital in providing medical assistance, responding to calls, and supporting families affected by the storm. She noted that their service in Florida was part of the City’s promise and partnership to help other areas in need, knowing one day others will come to help Anaheim. She shared that the recognition is for every firefighter, paramedic, emergency responder and support staff member who worked tirelessly to ensure the safety of others during the hurricanes.
On behalf of the community, she extended the deepest gratitude to staff who embodied the true meaning of service, courage, and heart.
Fire Chief Patrick Russell and Anaheim Fire & Rescue (AF&R) staff accepted the recognition. Chief Russell thanked the City Council for the recognition. He shared that the Federal Emergency Management Agency (FEMA) Task Force 5 is one of eight Urban Search and Rescue teams in California. He explained that when AF&R staff are deployed, staff ensures that there is coverage at the City’s stations. He shared that the team was deployed for three weeks for search and rescue, to improve and stabilize buildings, and for recoveries. He expressed pride in the team and their training to respond in the City, State, nationally, and internationally.
Recognizing Miss Anaheim Beautiful Scholarship Program Court Mayor Pro Tem Kurtz recognized the 2024-2025 Miss Anaheim Beautiful Scholarship Program Court, including Miss Anaheim Beautiful Sophia Hall and Teen Ambassadors Samantha De Anda, Leia Luna, Emily Maldonado and Sophia Prudencio. She shared that they embody leadership, excellence and a deep commitment to their communities. She noted that through their hard work and dedication, they have earned academic scholarships and have shown exceptional talent, self-confidence, and a passion for service. She recognized the support of their families, mentors, and teachers who have helped them along the way. She shared that they are examples of grace, intelligence and determination, and set a powerful example for others to follow.
Miss Anaheim Beautiful Sophia Hall thanked the City Council for the recognition. She introduced Teen Ambassadors Samantha De Anda, Leia Luna, Emily Maldonado and Sophia Prudencio. She shared that the Court is looking forward to volunteering with non-profit organizations and attending community events.
Recognizing Anaheim Police SWAT Team for being selected as the California Association of Tactical Officers 2024 Team of the Year
City Council Minutes of November 19, 2024
Mayor Pro Tem Kurtz announced that the Anaheim Police SWAT Team was named the 2024 Team of the Year by the California Association of Tactical Officers. She explained that the recognition honors the City’s SWAT team’s exceptional skill, dedication, and professionalism in high-risk situations. She shared that the team’s ability to respond with precision and coordination reflects the highest level of bravery and strategic thinking. She noted that the strength of the City’s SWAT team lies not just in individual expertise but in their teamwork and commitment to serve and protect. She recognized Chief of Police Rick Armendariz for his leadership and the entire Anaheim Police Department, whose dedication ensures the City’s SWAT team is always prepared.
Chief of Police Armendariz and Anaheim Police SWAT Team accepted the recognition. Chief Armendariz announced that the SWAT Team was founded in 1975. He shared that over the past year, they have served 25 high-risk search warrants and responded to 16 incidents with individuals barricaded, and two hostage rescues. He noted that the team is comprised of a Captain, three Lieutenants, and 28 operators who dedicate their time to the Anaheim community. He shared that the team is not full-time and have other primary responsibilities in the Department. He thanked the City Council for the recognition.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing November 1, 2024, as Extra Mile Day
Recognizing November 10-16, 2024, as National Nurse Practitioner Week Recognizing November 30, 2024, as Small Business Saturday ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items, except Public Hearing): 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 statement.
City Clerk Theresa Bass reported that a total of four (4) public comments were received electronically prior to 2:00 p.m. [A final total of five (5) public comments were received electronically, distributed to the City Council, and made part of the official records]. – See Appendix.
Jeanine Robbins, commenting on Item 19, announced that there is a homeless crisis. She shared that the City Council should focus on finding a cold-weather shelter for the most vulnerable people.
She explained that the Anaheim Police Department and Code Enforcement are impounding individuals' belongings. She reported that the homeless population is being forced to migrate to other neighboring cities. She requested that the City Council create more shelter space and a cold-weather shelter to protect the homeless population.
Jerry Jordan, President and CEO of the Anaheim Chamber of Commerce, apologized on behalf of the Chamber of Commerce for the misconduct of previous leadership and highlighted the Chamber’s growth. He shared that over the past 130 years, the Chamber of Commerce has played a vital role in the City. He noted that the Chamber raised funds for the City’s first public library and brought national attention to the City with an award-winning Rose Parade Float. He added that 2024 marks the anniversary of the Chamber launching the Anaheim Halloween Parade. He announced that in 1953, the Chamber invited Walt Disney to visit Anaheim and work with the City and County to annex unincorporated County land to the City to build Disneyland. He introduced an updated Chamber of Commerce that has adopted reforms and controls, including Board review of items and approval of CEO actions. He stated that the reforms allow the Chamber to focus on a mission of advancing Anaheim’s economic prosperity. He shared that the Chamber will encourage a business-friendly City Council Minutes of November 19, 2024
environment and support commerce and industry. He noted that the Chamber will ensure that Anaheim businesses are represented and provide networking and educational processes in business development, advocate for business-friendly policies, and help small and medium-sized businesses.
He concluded that the Chamber intends to maintain a partnership with the City.
Ruben Greg Soto shared concerns about the police and the subjects being taught to children in schools.
Mazatl Tecpatl Tepehyolotzin thanked the City Council and Council Member Faessel for supporting the Native Art Fest. He shared that the event was an opportunity for the community to speak with students and host small businesses and vendors. He shared that a petition to change the name of Anaheim High School's mascot has gathered almost 12,000 signatures. He thanked the City Council for recognizing Indigenous Peoples’ Day. He shared that murals were painted at Gilbert High School and stressed the importance of working with the community and promoting identity and culture.
Matthew Duncan shared that he is an advocate for wildlife, specifically coyotes, in the City. He expressed concern over the City’s current contract trapper. He requested transparency on where the traps are being set.
Bryan Kaye shared a letter written by a resident, highlighting various members of the community, including him. He encouraged the City Council to listen to the community and address the issues raised by community members.
Mike Robbins referenced the November 2024 election and campaign contributions to candidates. He criticized the Disney corporation and outside influences on Council Member elections. He questioned why the Disney company has not contributed more to their workers' or housing needs in the City.
Marc Herbert shared inconsistencies with the public calendars posted on the City’s website. He commented on the Housing Element Update Committee’s advisory capacity during the 2021-2029 Housing Element Update. He referenced Council Member Faessel’s comments at the October 29, 2024 City Council meeting on staff’s recommendation to deny the Hills Preserve project.
COUNCIL COMMUNICATIONS:
Council Member Faessel congratulated his friend of eight years, Yesenia Rojas. He shared that they did not always see eye to eye, but he learned a lot in those eight years, and he is proud of her work in the community. He shared that Mexico felt the same way because they now utilize her as a representative.
Council Member Rubalcava highlighted and shared photographs of events she attended. She stated that female initiatives are important to her and shared that on October 19, a nine-person team of all- female Anaheim Police Officers traveled to Henderson, Nevada to compete in the First Responders Relay hosted by the California Police Athletic Federation. The race was a relay between nine runners and two cyclists who completed 48 miles around Lake Mead into the desert. This was the first time the Anaheim Police Department created a women’s team for the event. The last women's team was in 2019 with the name Eight Percenters, due to females only making up 8% of sworn officers in the department. Today in 2024, five years later, the women's team is named the Running Angels (hashtag 10 percenters) as the percentage of qualified female representatives working for the Anaheim Police Department has grown to 10%. She stated that she hopes the percentage continues to increase over time. Council Member Rubalcava shared that she had the honor of attending, as a guest of Bill Taormina, a person who has done a significant amount of work in the City of Anaheim, the Girls Inc. College Bound Luncheon. College Bound is an initiative to motivate young women to enter different professions. She stated that she is a big believer in if you can see it, you can be it. She City Council Minutes of November 19, 2024
stated that representatives from the Orange County Fire Authority, Anaheim Fire & Rescue, and many business professionals attended as well. She stated she was grateful that she and Council Member Leon had the opportunity to attend a breakfast with Mexico's Ambassador to the United States, Esteban Moctezuma Barragán. They discussed opportunities for enhanced economic collaboration between Orange County and Mexico, ways to improve supply chain resilience, foster innovation, and improve bilateral trade. She thanked former Ambassador to Italy, Gaddi H. Vasquez, who provided the opportunity for many Latino business professionals, and elected officials to attend the event. Council Member Rubalcava thanked City Manager Vanderpool for listening to Council's direction to restore public spaces. Approximately 25 individuals were cleared from unsustainable and inhumane conditions alongside the 91 freeway in District 3. There was a team of social workers on hand working with everyone one-on-one, with more than half accepting offers of shelter, substance abuse recovery, and other services. The clearing and outreach are part of the City’s ongoing work to restore public spaces in Anaheim. In the past few months, parks, sidewalks, bus stops, railways, and other places have been cleared out. Help is offered to everyone who is encountered. There is not one person who has been approached and has not been offered resources. She stated that she is proud of the fact that the Council has invested a significant amount of the City’s budget to make sure that the City’s unhoused population is provided with opportunities for housing. She stated that the work will continue in the days ahead to ensure public spaces stay welcoming to everyone, while helping those in need. She thanked the following individuals and City partners who participated in the effort:
Anaheim Police Department, Fullerton Police, California Highway Patrol, Anaheim Fire & Rescue, Fullerton Fire, Public Works, City Net, Mariposa, and Community Services.
Council Member Leon congratulated Gilbert High School Principal Jose Lara and his entire team for the brand-new mural in District 2 which focuses on peace in the world and being united as a community. He stated that he appreciates all the students and the artists who put in the time to make the mural happen. He highlighted and shared photographs of Funeraria Del Angel, the November Business of the Month. He stated that Día de los Muertos was a few weeks ago, and with that everyone is reminded of the importance of honoring loved ones who have passed. He stated that he understands this is a subject that can be difficult to discuss sometimes, but it holds deep meaning for many in the community. He shared that Funeraria Del Angel is in District 2, and the business is dedicated to supporting families with understanding and respect during life's toughest moments. The funeral home is located off Lincoln Avenue, just west of Gilbert Street. They offer customized ceremonies, cultural traditions, cremation, and memorial services aimed at creating personalized tributes for loved ones. He thanked the funeral team for their work and the care and dignity they bring to the community. Council Member Leon reminded everyone of the upcoming Turkey Giveaway on Sunday, November 24 from 10:00 a.m. to 12:00 p.m. at the Brookhurst Community Center. He shared that the annual We Give Thanks dinner at the Honda Center will not be taking place this year, but La Casa Garcia is teaming up with Friends of Families for the Turkey Giveaway. Council Member Leon stated that his office is honored to continue supporting Frank Garcia and his tradition of giving thanks and giving back to the community. Along with the 200 turkeys that will be distributed to families, OC Food Bank will also be distributing food boxes. Council Member Leon stated that the drive-thru event will be first come, first served and he asked everyone to spread the word.
Council Member Faessel announced that he joined Mayor Aitken, City Manager Vanderpool, and approximately 2,000 other elected officials from across the country last week in Tampa Bay, Florida for the National League of Cities, City Summit. He shared that he attended several sessions, including a mobile workshop where he got a behind the scenes tour of the Tampa International Airport expansion. He also attended a session presented by a representative of the Metropolitan Water District regarding new PFAS and lead regulations.
CITY MANAGER’S UPDATE:
City Council Minutes of November 19, 2024
City Manager Vanderpool shared that the City's Budget Division produced a budget document for Fiscal Year 2024/25 that earned accolades for its effectiveness as a policy document, financial plan, operations guide, and communications tool. The FY 2024/25 represents the 25th year in a row that the City of Anaheim has earned the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting. Moreover, the budget received special recognition in the areas of Performance Measures and Strategic Goals and Strategies. The Budget Award Program was established by the GFOA as an aid to assist governments in preparing high quality and meaningful budgets. The City of Anaheim's Budget Division values the feedback received through participation in the Budget Awards Program and is very proud to have received this meaningful award and special recognition. He congratulated the Anaheim Finance Department for this very prestigious recognition. City Manager Vanderpool shared that the Anaheim Convention Center was recently named one of the world's 25 best convention centers for trade shows and events by Exhibitor Magazine for the fifth time. In addition to this year's award, the Anaheim Convention Center was awarded the Best Convention Center (of more than one million square feet of exhibit space). On November 23, 2024 from 10:00 a.m. to 1:00 p.m., Anaheim Public Utilities invites residents to Center Street Promenade for a drive thru event to drop off their old holiday lights and receive two strings of high efficiency LED lights. Residents can also drop off their old VHS players and dot matrix printers, as Homeboy Electronics will be onsite to collect E-Waste. There is no cost for the event, but residents are encouraged to donate a new, unwrapped toy for the benefit of Anaheim youth. Register at anaheim.net/holidaylights. City Manager Vanderpool invited everyone to experience the spirit of a traditional Victorian Christmas at Mother Colony and Woelke-Stoffel Houses, at the historic Founders’ Park, 400 N. West Street on December 7th and14th, and January 4th from 9:00 a.m. to12:00 p.m. He shared that the Community Services Department, in collaboration with the Nutcracker Committee and the Downtown Anaheim Association, are hosting the 30th Annual Christmas Tree Lighting Celebration and Holiday Village on Sunday, December 8th, from noon to 7:00 p.m. Center Street Promenade will be transformed into a “Holiday Village” featuring family fun activities that will include children's craft booths, holiday crafters, festive entertainment, and a visit from Santa and Mrs. Claus. The event will take place at the steps in front of City Hall beginning at 6:00 p.m. with the tree lighting program featuring performances by the Anaheim Ballet, Anaheim High School Choir, Sean Oliu, and a holiday reading by Santa. He stated that he looks forward to seeing everyone in attendance at this cherished community event.
CONSENT CALENDAR: At 6:27 p.m., the Consent Calendar was considered with Council Member Rubalcava pulling Item No. 14 and Council Member Meeks pulling Item No. 9 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 – 6 (Mayor Pro Tem Kurtz and Council Members Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0; ABSENT – 1 (Mayor Aitken). Motion carried.
1. Receive and file the Library Board Report dated October 14, 2024 and the minutes of the Sister City Commission meetings of August 26, 2024 and September 23, 2024.
2. Receive and file the list of Professional Services Agreements signed by the City Manager in October 2024 and the list of Visit Anaheim Subcontractor Agreements approved by the Executive Director of Convention, Sports, and Entertainment in October 2024.
City Council Minutes of November 19, 2024
3. Approve Contract Number MA#106-498217 with South Coast Fire Equipment, an authorized reseller of Pierce Fire Engines, in the amount of $1,240,054.77 (which includes all applicable taxes and fees), for the purchase of one Pierce Fire Engine for the Anaheim Fire & Rescue Department.
4. Award the construction contract to the lowest responsible bidder, 3M Construction Corporation, in the amount of $309,340, for the Sports Courts Resurfacing and Repair Project (Re-bid); authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine the project is categorically exempt under 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.
5. Award the construction contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $7,328,200, for the Residential Street Improvement Project – Beth-Jackson – Group 17; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine the project is categorically exempt under the California Environmental Quality Act pursuant to Sections 15301, Class 1, and 15302, Class 2, of Title 14 of the California Code Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
6. Award the contract to the lowest responsible bidder, MNR Construction, Inc., in the amount of $4,354,545.20, for the Knollwood Circle Sanitary Sewer Improvements Project; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine that the project is categorically exempt under the California Environmental Quality Act pursuant to Class 2, Section 15302 (c) (Replacement or Reconstruction) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
7. Award the contract to the lowest responsible bidder, Cali State Paving, Inc., in the amount of $863,930 plus a 10% contingency, for the Anaheim Resort Safety Bollards Project Phase II – Harbor Boulevard at Disney Way Intersection; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine that the project is categorically exempt under the California Environmental Quality Act under Sections 15301(c) and 15303(d) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
8. Approve a Commute Program Agreement with Enterprise Rent-A-Car Company of Los Angeles, LLC, dba Commute with Enterprise, in an amount not to exceed $150,000 per year for the monthly rental of vanpool vehicles for use in the City’s vanpool program for a five year term.
City Council Minutes of November 19, 2024
10. Approve an agreement with C.R. & A. Custom Apparel Inc., dba CR&A Custom Inc., at an average annual cost of $298,300 (five-year average) with a 15% contingency for as-needed extra services, for fabrication, installation, and maintenance of graffiti abatement measures on ground-mounted electrical equipment, with an initial term of three years and up to two one- year optional renewals; authorize the Public Utilities General Manager, or designees, to execute the agreement and any related documents, including any cost-neutral amendments and any documents contemplated by the agreement, and to take such necessary or advisable actions to implement, fund, and administer the agreement; and determine that the work to be performed under the agreement is categorically exempt from the California Environmental Quality Act pursuant to section 15301 of Title 14 of the California Code of Regulations.
11. Approve an agreement with Weck Laboratories, Inc., in the not to exceed amount of $400,000 with a 15% contingency for as-needed extra services, for water and environmental laboratory testing, analysis, and reporting services, for an initial term of two years with up to four one- year optional renewals; authorize the Public Utilities General Manager, or designees, to execute the agreement and any related documents, including any cost-neutral amendments of the agreement and any documents contemplated by the agreement, and to take such necessary or advisable actions to implement, fund, and administer the agreement.
12. Approve Professional Services Agreements with The Counseling Team International and Psychological Consulting Associates, Inc., in the respective not to exceed amounts of $240,000, and $160,000, for peer support and short term counseling services, each for a one year term with three one-year optional renewals; and authorize the Chief of Police, or designee, to implement and administer the agreements and renewal options.
13. RESOLUTION NO. 2024-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services, or designee, to submit an application for grant funds for the Environmental Enhancement and Mitigation (EEM) Program for the River Park Project and if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly (grant funds in the amount of $750,000).
Determine that this action is categorically exempt from the California Environmental Quality Act pursuant to Section 15306 of Title 14 of the California Code of Regulations (Information Collection).
15. RESOLUTION NO. 2024-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deed conveying to the City of Anaheim certain real property or interest therein (City Deed No. 12837, Lot A of Tract 8873, APN: 356-192-01; donation of real property consisting of approximately 890 square feet of vacant land unto the City of Anaheim).
Approve a Donation Agreement with Pamela Bobit, as Trustee of the Pamela A. Bobit Living Trust under Trust Instrument dated 01/01/1994, for the donation of real property, free of restrictions or conditions, to incorporate to adjacent City-owned land; and authorize the Director of Public Works, or designee, to execute the Donation Agreement.
City Council Minutes of November 19, 2024
16. RESOLUTION NO. 2024-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a public utility easement located at 2960 and 2952 West Lincoln Avenue pursuant to California Streets and Highways Code Section 8330, et seq. – summary vacation (ABA2024-00433).
17. ORDINANCE NO. 6597 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Chapter 14.72 to Title 14 of the Anaheim Municipal Code regarding the operation of motorized wheeled conveyances in the City of Anaheim [including E-Bike regulations; introduced at the Council meeting of November 13, 2024, Item No. 13].
18. ORDINANCE NO. 6598 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM renewing, with modifications, Ordinance No. 6561 approving the Anaheim Police Department’s Military Equipment Use Policy (Policy 705) pursuant to California Government Code Section 7071 [introduced at the Council meeting of November 13, 2024, Item No. 14].
19. ORDINANCE NO. 6599 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim Municipal Code (Public Parks - Prohibited Conduct Generally) [includes determination that ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment as there is no possibility it will have a significant effect on the environment and it is not a " project', as defined in Section 15378 of State CEQA Guidelines] [introduced at the Council meeting of November 13, 2024, Item No. 15].
BUSINESS CALENDAR:
9. Approve the Professional Services Agreement with two consultants, Padilla & Associates, Inc. and TSG Enterprises, Inc. dba The Solis Group, in the not to exceed amount of $200,000 per Work Order Package with a total not to exceed contract amount of $1,000,000 per contract year per consultant, for on-call Community Workforce Agreement administration services to support the Construction Services Division of the Public Works Department each for a three year term with two one-year optional renewals; authorize the Director of Public Works to execute the agreements and to take the necessary or advisable actions to implement and administer the agreements, including any extensions; and authorize de minimis changes that do not substantially change the terms and conditions of the agreements, as long as such changes are determined to be de minimis by the City Attorney’s Office.
DISCUSSION: Council Member Meeks requested clarification of the extra costs of projects using the Community Workforce Agreement (CWA) and projects without.
Director of Public Works Rudy Emami explained that the contract limits are $1,000,000 per year; however, the actual amounts are based on the individual projects’ budgets. He mentioned the consultants were used during the first term of the CWA, the Capital Improvement Project (CIP) Budget was $273 million, with the cost of the consultants administrating the services totaling $3.6 million or 1.3% of the project costs. He explained that services are for the cost of administration for the City.
City Council Minutes of November 19, 2024
In response to Council Member Meeks, Director Emami reported that the services include verifying the paperwork submitted by the trades, acting as a mediator during disputes between trades, and final tracking of project costs. He explained that when the CWA was implemented, the City decided to contract the work to consultants on an on-call basis instead of hiring more staff internally.
Council Member Meeks inquired if the consultants share a different role than the City’s contract administrators. Director Emami confirmed that the consultants are strictly focused on the administration and requirements outlined in the CWA.
Council Member Meeks expressed her support for the item despite the unexpected additional fees.
Council Member Faessel shared an observation that the Metropolitan Water District also implemented a CWA and noted that the administration costs were approximately 1.3% as well.
Council Member Diaz expressed his support for the item. He explained that the CWA is complex and requires experts to administer the agreement.
MOTION: Council Member Meeks moved to approve the Professional Services Agreement with two consultants, Padilla & Associates, Inc. and TSG Enterprises, Inc. dba The Solis Group, in the not to exceed amount of $200,000 per Work Order Package with a total not to exceed contract amount of $1,000,000 per contract year per consultant, for on-call Community Workforce Agreement administration services to support the Construction Services Division of the Public Works Department each for a three year term with two one-year optional renewals; authorize the Director of Public Works to execute the agreements and to take the necessary or advisable actions to implement and administer the agreements, including any extensions; and authorize de minimis changes that do not substantially change the terms and conditions of the agreements, as long as such changes are determined to be de minimis by the City Attorney’s Office, seconded by Mayor Pro Tem Kurtz. ROLL CALL VOTE: AYES – 6 (Mayor Pro Tem Kurtz and Council Members Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0; ABSENT – 1 (Mayor Aitken). Motion carried.
14. RESOLUTION NO. 2024-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying and approving the actions of the Director of Community Services, or designee, in submitting an application for grant funds to the California Department of Parks and Recreation for the Outdoor Recreation Legacy Partnership Grant Program for La Palma Park and, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly; and determining that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306 of Title 14 of the California Code of Regulations (grant funds in the amount of $6,000,000).
Director of Community Services Sjany Larson-Cash reported that the item is a request to approve the submittal of a grant application to the California Department of Parks and Recreation for the Outdoor Recreation Legacy Partnership Grant Program, in the amount of $6,000,000, for La Palma Park. She reported that La Palma Park is one of the City’s oldest and largest parks used to host special events, popular festivals, and sporting events. She noted that the east side of the park contains a dog park and baseball/football stadium, and the west side of the park includes dated picnic shelters, a large turf area, a dated playground, and parking lot. She shared that the staff has engaged the community for feedback on the revitalization of La Palma Park, which resulted in a Community and Vision Master Plan for the west side of the park. She explained that the plan included soccer fields, upgraded lighting, new playground equipment, covered picnic areas, exercise equipment, new restrooms, and building and landscaping improvements. She reported that the cost of the improvements is $15 million and the City has received a $2 million earmark grant from Congressman Lou Correa’s office City Council Minutes of November 19, 2024
for the soccer fields. She noted that staff identified the project to submit for consideration of the Outdoor Legacy Partnership Grant Program. She shared that the grant request for $6 million was selected and the remaining balance for the project will be paid by awarded federal earmarks and Development Impact Fees. She explained that staff will begin working on the project design, construction documents and permitting, with construction anticipated to begin in 2027.
DISCUSSION: Council Member Rubalcava thanked staff for their continued work and for searching for outside resources for additional funding. She thanked staff for their continued investment in beautifying the area around La Palma Park and other District 3 parks.
Council Member Faessel requested that staff preserve the historic trees in the park.
MOTION: Council Member Rubalcava moved to approve RESOLUTION NO. 2024-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying and approving the actions of the Director of Community Services, or designee, in submitting an application for grant funds to the California Department of Parks and Recreation for the Outdoor Recreation Legacy Partnership Grant Program for La Palma Park and, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly; and determining that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306 of Title 14 of the California Code of Regulations (grant funds in the amount of $6,000,000), seconded by Council Member Faessel.
DISCUSSION: Mayor Pro Tem Kurtz shared that although La Palma Park is not located in District 4, residents across the City enjoy the park. She thanked staff for researching grant opportunities for La Palma Park and other parks in the City and congratulated them on the grant.
MOTION: Council Member Rubalcava moved to approve RESOLUTION NO. 2024-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying and approving the actions of the Director of Community Services, or designee, in submitting an application for grant funds to the California Department of Parks and Recreation for the Outdoor Recreation Legacy Partnership Grant Program for La Palma Park and, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly; and determining that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306 of Title 14 of the California Code of Regulations (grant funds in the amount of $6,000,000), seconded by Council Member Faessel. ROLL CALL VOTE: AYES – 6 (Mayor Pro Tem Kurtz and Council Members Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0; ABSENT – 1 (Mayor Aitken). Motion carried.
20. RESOLUTION NO. 2024-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a request for proposal grant application and the acceptance of the grant award on behalf of the City of Anaheim, as the lead public agency in partnership with community-based organizations for the Proposition 47 Safe Neighborhoods and Schools Act Grant Program funded through the California State and Local Government Law Enforcement Account and administered by the Board of State and Community Corrections, and authorizing the Housing and Community Development Director, or her designee, to execute all required grant documents and related agreements and amending the budget accordingly [increase the FY 2024/25 revenue and expenditure budget for the Housing and Community Development Department by $8,000,000, commensurate to the grant award]..
City Council Minutes of November 19, 2024
Ratify the submission of the Justice and Mental Health Collaboration Program grant application and related documents to the Department of Justice; and increase the FY 2024/25 revenue and expenditure budget for the Housing and Community Development Department by $550,000, commensurate to the grant award.
Waive Council Policy 4.1 and authorize the Housing and Community Development (HCD) Director to enter into contracts, prepared and approved by the City Attorney’s Office in accordance with City rules, with the entities that were identified and collaborated in the grant application for procurement of services related to the Proposition 47 grant, to the extent applicable, for a one year term, with an option to renew for an additional three-year term contingent upon satisfactory performance and program outcomes; and authorize the HCD Director, or designee, to execute all agreements and other documents necessary to implement and administer the grant activities on behalf of the City, provided that the maximum compensation authority ($8,550,000) is not increased [Strength and Resilience Family Counseling; Mariposa Women and Family Center; JMH - Love Anaheim; Anaheim Community Hospital; Hope House Residential Treatment; the Center for Justice Innovation; and the Public Defender’s Office].
Director of Housing and Community Development Grace Ruiz-Stepter reported that the City has developed a comprehensive, compassionate approach to addressing homelessness through many partnerships, including the Community Care Response Team (CCRT), Homeless Assistance Liaison Officers (HALO), and shelters and other components. She noted that through the City’s partnerships, the City is aware of the intersection between homelessness and the criminal justice system and the toll that repeat offenders take on both the system of care and the community at large.
Chief Assistant City Attorney Jennifer Contini recognized Assistant City Attorney Mehtab Sandhu, who helped create the program and assists with daily operations, Honorable Judge Olga Giller of the Orange County Superior Court who presides over the ACCESS (Anaheim Collaborative Court:
Evaluating Strategies and Solutions) program, Deputy Public Defender Matthew Razo, Enhanced Care Management Director for Mariposa Center Lauren Justice, and ACCESS Program clinician Blake McLean. She reported that in January 2023, the City launched the ACCESS Program to improve case management for repeat offenders on the misdemeanor level at the intersection of homelessness, substance use disorder, and/or mental illness. She shared that the program was created to be a collaborative court.
Chief Assistant City Attorney Contini reported that collaborative courts are problem-solving courts that take a multi-disciplinary team approach to find the cause of an individual’s criminality. She explained that collaborative courts combine judicial supervision with monitored treatment with the goal of reducing recidivism and improving public safety. She shared the history of collaborative courts, noting that Orange County is a leader in the collaborative court space. She explained that the program was launched as a proof of concept due to the lack of collaborative courts on the misdemeanor level. She addressed skepticism of the program and the urgency, due to the increased number of deaths among the homeless population. She attributed the success of the program to the leaders in the City and the court system leaders. She shared that the Orange County Superior Court System is the fifth-largest judicial system in the United States. She highlighted Presiding Judge Maria Hernandez, who operates the court system and understood the urgency for the program. She also highlighted City Attorney Robert Fabela, Martin Schwartz from the Orange County Public Defenders' Office, and Judge Giller for their leadership. She shared that Presiding Judge Hernandez toured the Anaheim Police Department (APD) jail, and shared that a training was held at the APD for the jailers. She noted that Director Ruiz-Stepter has presented information on the role of the Housing and Community Development Department, and Deputy Director of Housing and Community Development Sandra City Council Minutes of November 19, 2024
Lozeau has hosted experts in collaborative courts at monthly homeless collaborative meetings. She shared that the City Attorney’s Office launched the program with the help of Mr. McLean. She reported that the first ACCESS court day was on January 9th. She noted that the program includes an individual assessment and a criminogenic risk-need assessment. She highlighted the program's first participant, Donnie, who had over 60 contacts with the APD. She noted that after the first participant joined, the program received more participants.
Chief Assistant City Attorney Contini reported that as of November 1, 302 individuals have been assessed, with 145 individuals engaged in treatment plans, and 23 who have graduated from the program. She highlighted the remarkable engagement and the number of individuals staying monitored. She expressed interest in utilizing the model throughout the County with additional funding. She reported that at the suggestion of the Center for Justice Innovation, the City applied for a Mental Health Bureau of Justice Assistance (BJA) grant. She added that the Public Defender’s Office notified staff of the Proposition 47 fourth cohort solicitation grant with a maximum request for $8 million, to assist with funding the program for the next 42 months, to conduct an independent evaluation of its impact on the community. She noted that, in 2023, overdoses in the community have plummeted. She shared that in 2022, Anaheim made up 16.5% of the homeless overdose deaths, and in 2023, the City accounted for 6% of the total. She attributed the reduction to the City’s impact and investment in the community. She highlighted Donnie’s journey, who graduated from the program and now resides in permanent supportive housing.
Director Ruiz-Stepter reported that the request is to ratify the submission of grant applications to the Board of State and Community Corrections, Proposition 47 Grant, and the Justice and Mental Health Collaboration Program, in the amounts of $8 million and $550,000, respectively. She added that the request includes expansion of the ACCESS programs and a request to waive Council Policy 4.1 to enter into contracts with entities that were identified and collaborated in the grant application, including Strength and Resilience Family Counseling; Mariposa Women and Family Center; JMH - Love Anaheim; Anaheim Community Hospital; and Hope House Residential Treatment.
DISCUSSION: Council Member Faessel shared that Donnie was a District 5 resident and highlighted his journey. He highlighted the impact the program has on individuals and shared that the program is an additional tool to help the unhoused. He expressed his appreciation for the partnership and participation by the Superior Court judges.
MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2024-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a request for proposal grant application and the acceptance of the grant award on behalf of the City of Anaheim, as the lead public agency in partnership with community-based organizations for the Proposition 47 Safe Neighborhoods and Schools Act Grant Program funded through the California State and Local Government Law Enforcement Account and administered by the Board of State and Community Corrections, and authorizing the Housing and Community Development Director, or her designee, to execute all required grant documents and related agreements and amending the budget accordingly [increase the FY 2024/25 revenue and expenditure budget for the Housing and Community Development Department by $8,000,000, commensurate to the grant award], ratify the submission of the Justice and Mental Health Collaboration Program grant application and related documents to the Department of Justice; and increase the FY 2024/25 revenue and expenditure budget for the Housing and Community Development Department by $550,000, commensurate to the grant award, and waive Council Policy 4.1 and authorize the Housing and Community Development (HCD) Director to enter into contracts, prepared and approved by the City Attorney’s Office in accordance with City rules, with the entities that were identified and collaborated in the grant application for procurement of services related to the Proposition 47 grant, to the extent applicable, for a one year term, with an option to renew for an additional three-year term contingent upon City Council Minutes of November 19, 2024
satisfactory performance and program outcomes; and authorize the HCD Director, or designee, to execute all agreements and other documents necessary to implement and administer the grant activities on behalf of the City, provided that the maximum compensation authority ($8,550,000) is not increased [Strength and Resilience Family Counseling; Mariposa Women and Family Center; JMH - Love Anaheim; Anaheim Community Hospital; Hope House Residential Treatment; the Center for Justice Innovation; and the Public Defender’s Office].
DISCUSSION: Council Member Diaz reported that years prior, he, Council Member Faessel, and former Council Member O’Neil served on an ad-hoc committee to address homelessness. He explained that the ACCESS program provides an alternative to homelessness. He expressed his support for the program and his appreciation for staff.
Council Member Leon congratulated and thanked staff for taking a risk with the program and their continued efforts. He expressed his support for the item and inquired about what the expectations are for the program.
Chief Assistant City Attorney Contini shared that for the $8 million Proposition 47 grant, the City was required to meet certain criteria, including passing 50% to 70% of funding to community-based organizations. She shared that part of the financing went toward funding the courtroom team. She added that the landscape is shifting with Proposition 36 going into effect. She noted that staff wanted to ensure flexibility and funding for more evaluations. She reported that Mr. McLean, with Strength and Resilience Family Counseling, will hire two part-time employees to conduct assessments. She noted that the Mariposa Women and Family Center added multiple case managers to the program who help pick up participants from the jail to take to residential treatment. She added that the Public Defender’s Office will use the funding for a social worker to work with Mr. Razo, and the Center for Justice Innovation will assist with data preparation, online technology, and prepare a full evaluation.
She reported that Hope House will provide flexible and quick access to residential treatment beds.
She shared that there are only two medical psychiatric hospitals, with one located in Anaheim. She added that Anaheim Community Hospital has mentioned they will build an intensive outpatient program for those who do not require residential treatment. She shared that the goal is to expand referral sources and leverage other City contracts to address cases and get people connected instead of going to jail. She summarized that the goals are to increase referral streams, increase treatment partners, and conduct a full assessment.
Director Ruiz-Stepter added that there is administrative support from the Housing and Community Development Department for the ACCESS program and the system of care for homelessness, street outreach, grant writing and administration, and housing.
Council Member Leon expressed appreciation for staff taking a multi-prong approach to address the issues. He shared that the program humanizes homeless individuals. He acknowledged the need for safety in public spaces and also ensuring that unhoused individuals receive the help they need. He expressed his support for the motion. He added that the City is taking a step forward to address the issue and help individuals on the street. He requested an update on the program and a potential discussion for additional support to move forward to help the community. He thanked staff for their continued work.
Council Member Meeks thanked staff for their work. She highlighted the innovative cross- organizational approach to address homelessness. She referenced the statistics provided and highlighted the City’s approach to save lives. She expressed her appreciation for staff’s work and moving forward with the item.
City Council Minutes of November 19, 2024
Council Member Rubalcava expressed her support for the item. She thanked City Attorney Fabela for being proactive in looking at encampments in the City with Council Members and prepared the ACCESS program as a response. She expressed her gratitude that the City was able to assist Donnie and help him move forward. She shared that despite criticisms of the City’s approach, the ACCESS program will help other Orange County cities to consider a similar program. She referenced the number of individuals engaged, assessed, and graduated from the program, and commended staff on their commitment and continued efforts. She thanked the City’s partners for their collaboration.
Council Member Faessel added that City staff are hard-working, humble, and dedicated to serving those in need. He highlighted Nathan Zug with Love Anaheim for his continued partnership with the City.
Mayor Pro Tem Kurtz echoed her Council colleagues’ comments and thanked staff for their innovative approach. She highlighted Council Member Rubalcava’s comments that the program is changing lives in the City. She thanked staff for their hard work and looks forward to the program’s growth.
MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2024-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a request for proposal grant application and the acceptance of the grant award on behalf of the City of Anaheim, as the lead public agency in partnership with community-based organizations for the Proposition 47 Safe Neighborhoods and Schools Act Grant Program funded through the California State and Local Government Law Enforcement Account and administered by the Board of State and Community Corrections, and authorizing the Housing and Community Development Director, or her designee, to execute all required grant documents and related agreements and amending the budget accordingly [increase the FY 2024/25 revenue and expenditure budget for the Housing and Community Development Department by $8,000,000, commensurate to the grant award], ratify the submission of the Justice and Mental Health Collaboration Program grant application and related documents to the Department of Justice; and increase the FY 2024/25 revenue and expenditure budget for the Housing and Community Development Department by $550,000, commensurate to the grant award, and waive Council Policy 4.1 and authorize the Housing and Community Development (HCD) Director to enter into contracts, prepared and approved by the City Attorney’s Office in accordance with City rules, with the entities that were identified and collaborated in the grant application for procurement of services related to the Proposition 47 grant, to the extent applicable, for a one year term, with an option to renew for an additional three-year term contingent upon satisfactory performance and program outcomes; and authorize the HCD Director, or designee, to execute all agreements and other documents necessary to implement and administer the grant activities on behalf of the City, provided that the maximum compensation authority ($8,550,000) is not increased [Strength and Resilience Family Counseling; Mariposa Women and Family Center; JMH - Love Anaheim; Anaheim Community Hospital; Hope House Residential Treatment; the Center for Justice Innovation; and the Public Defender’s Office], seconded by Council Member Meeks. ROLL CALL VOTE: AYES – 6 (Mayor Pro Tem Kurtz and Council Members Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0; ABSENT – 1 (Mayor Aitken). Motion carried.
City Council Minutes of November 19, 2024
PUBLIC HEARING:
21. This is a public hearing to consider a resolution establishing an Inclusionary Housing In-Lieu Fee of ten dollars ($10.00) per square foot of the total habitable/leasable space in an entire applicable residential project, pursuant to the Inclusionary Housing Ordinance (Ordinance No. 6593) adopted by the City Council on October 29, 2024, any fees collected will be deposited in the Anaheim Local Housing Trust Fund to be used to address the production of local affordable housing and for the costs associated with administering and monitoring affordable housing programs.
RESOLUTION NO. 2024-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing an Inclusionary Housing In-Lieu Fee Schedule for the Inclusionary Housing Ordinance.
Director of Housing and Community Development Grace Ruiz-Stepter reported that at the October 8, 2024 City Council meeting, the City Council introduced the Inclusionary Housing Ordinance, which was adopted at the October 29, 2024 meeting. She explained that the ordinance reflects the direction provided by the Council for the adoption of a program inclusive of limiting the application of the policy to multi-family rental developments with 35 or more rental units, and restricting the use of in-lieu fees to the production of affordable housing. She reported that Keyser Marston Associates (KMA) prepared an Inclusionary Housing In-Lieu Fee analysis based on the City’s policy to establish a fee.
She shared that the analysis presented in the KMA report was based on an affordability gap associated with the proposed inclusionary housing requirements. She added that the City Council can choose to apply a reduced in-lieu fee amount compared to the proposed $20 fee in the KMA report.
She explained that based on previous discussion and to balance the two goals of producing affordable housing and ensuring that production continues in the City, staff recommended a $10 per square foot in-lieu fee.
DISCUSSION: Council Member Diaz shared that he will not support the item. He explained that housing and rental costs are expensive due to the lack of construction and new housing as a result of the lack of land available, incentives to build, and increased California Environmental Quality Act (CEQA) regulations.
In response to Council Member Faessel, Director Ruiz-Stepter confirmed that the in-lieu fee applies to rental units. She reported that the resolution is the companion schedule to what was adopted in the ordinance.
Council Member Rubalcava requested additional clarification on fees to be deposited into the Housing Trust Fund to ensure that the funds are used to develop affordable housing units and fund First-Time Homebuyer programs and Workforce initiatives. She requested an annual report highlighting the in-lieu fees collected for developments.
Director Ruiz-Stepter noted the request for an annual report. She reported that the resolution includes language about restricting the funds to be deposited into the Affordable Housing Trust Fund and guidelines on production.
In response to Council Member Rubalcava, Deputy City Attorney Ryan Hodge explained that language was included in the ordinance and resolution to address the funds deposited into the City Council Minutes of November 19, 2024
Housing Trust for the production of affordable housing. He shared that the guidelines for the Affordable Housing Trust Fund will be used to clarify which programs for production will be used.
At 7:33 p.m., Mayor Pro Tem Kurtz opened the public hearing.
Marc Herbert expressed support for the in-lieu fee. He suggested that the Council consider a previously proposed entertainment tax to be deposited into the Housing Trust Fund. He referenced Council Member Faessel’s comments during the Hills Preserve public hearing at the October 29, 2024 meeting. He questioned the influence of outside parties and questioned if the matter had been investigated.
City Clerk Theresa Bass reported that a total of one (1) public comment was received electronically related to Public Hearing Item No. 20. [A final total of one (1) public comment was received electronically, distributed to the City Council, and made part of the official records]. – See Appendix.
At 7:39 p.m., Mayor Pro Tem Kurtz closed the public hearing.
MOTION: Council Member Rubalcava moved to approve RESOLUTION NO. 2024-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing an Inclusionary Housing In-Lieu Fee Schedule for the Inclusionary Housing Ordinance.
DISCUSSION: Council Member Meeks reported that she will not support the item in order to remain consistent with her previous vote on the Inclusionary Housing Ordinance. She echoed Council Member Diaz’s comments and suggested that the City pursue other avenues to fund the Housing Trust.
Council Member Diaz shared that the in-lieu fee is not the solution to address the housing crisis. He explained that it will create inflation in the construction industry and housing market.
MOTION: Council Member Rubalcava moved to approve RESOLUTION NO. 2024-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing an Inclusionary Housing In-Lieu Fee Schedule for the Inclusionary Housing Ordinance, seconded by Council Member Faessel. ROLL CALL VOTE: AYES – 4 (Mayor Pro Tem Kurtz and Council Members Leon, Rubalcava, and Faessel); NOES – 2 (Council Members Diaz and Meeks); ABSENT – 1 (Mayor Aitken). Motion carried.
REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non-agenda items): None
COUNCIL AGENDA SETTING:
Council Member Leon requested adjourning the meeting in memory of John Dahlem, former principal at Kennedy, Loara, and Western high schools.
Council Member Rubalcava asked when Visit Anaheim will be agendized.
City Manager Vanderpool responded on December 17, 2024.
City Council Minutes of November 19, 2024
ADJOURNMENT: With no further business before the Council, Mayor Pro Tem Kurtz adjourned the City Council meeting at 7:44 p.m., in memory of John Dahlem, to December 10, 2024 at 3:00 p.m. for purposes of certifying the election results of the November 5, 2024 General Municipal Election (City Council Chamber) with the Oath of Office ceremony to be administered on December 10, 2024 at 5:00 p.m., or shortly thereafter, at The River Arena located at 201 E. Broadway, Anaheim, CA 92805.
Respectfully submitted,
Theresa Bass, CMC
City Clerk