Anaheim — 2024-11-13

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION\n(Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of\nCalifornia Government Code Section 54956.9): One Potential Case\n(A copy of the claim against the City is included in the agenda packet and available for review\nby contacting the City Clerk’s Office and on-line electronically with the agenda\nat: www.anaheim.net/councilagendas.)

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Section 54956.9 of the California Government Code)\nName of Case: Grandma’s House of Hope v. City of Anaheim, et al, Orange County Superior\nCourt Case No. 30-2022-01241823

3. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION\nSignificant exposure to litigation pursuant to paragraph (2) of subdivision (d) of\nCalifornia Government Code Section 54956: One Potential Case

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Section 54956.8 of the California Government Code)\nAssessor Parcel Number: 234-121-25: 514-522 East Vermont Avenue, Anaheim, CA 92805\nAgency Negotiators: Jim Vanderpool, City Manager, Rudy Emami, Director of Public Works\nand Randy Saldana, Public Works Real Property Analyst\nNegotiating Parties: City of Anaheim and Anaheim East Vermont, LLC\nUnder Negotiation: Price and Terms of Payment

1. Receive and file minutes of the Public Utilities Board meetings of August 28, 2024 and\nSeptember 25, 2024.

10. Approve a First Amendment to Allocation Agreement Resettlement of Injunctive Claims with\nAnaheim Arena Management, LLC (AAM), increasing the final reimbursable amount payable to\nAAM by approximately $139,000, from $1,300,000 to $1,439,000, for work performed by AAM\nrelated to the completion of certain architectural remedial work at the Honda Center pursuant to\nthe previously authorized settlement of lawsuits filed under the Americans with Disabilities Act\nof 1990; and authorize the Executive Director of the Convention, Sports & Entertainment\nDepartment to execute the amended agreement and to take the necessary actions to\nimplement the agreement.

11. ORDINANCE NO. 6594 (ADOPTION) AN ORDINANCE OF THE CITY OF\nANAHEIM amending Section 1.04.310 and adding Section 1.04.312 of Chapter 1.04 of Title 1\nof the Anaheim Municipal Code relating to the procurement of certain equipment, materials,\nsupplies and services for the Public Utilities Department to address emergency repairs,\noperations, maintenance, and construction of electric and water utility infrastructure [up to\n$3,000,000 per procurement award; introduced at the Council meeting of October 29, 2024,\nhttps://local.anaheim.net/docs_agend/questys_pub/44113/Agenda.html 4/8\n11/8/24, 11:20 AM local.anaheim.net/docs_agend/questys_pub/44113/Agenda.html\nItem No. 26].\nDetermine that the ordinance relates to organizational or administrative activities of\ngovernments that will not result in direct or indirect physical changes in the environment and\ntherefore is not a project within the meaning of the California Environmental Quality Act\n(CEQA) and the State CEQA Guidelines, Section 15378(b).

12. ORDINANCE NO. 6595 (ADOPTION) AN ORDINANCE OF THE CITY OF\nANAHEIM amending Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) and\nChapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal\nCode (DEV2023-00050) [Amendment No.1 to the OCVIBE Master Site Plan; introduced at the\nCouncil meeting of October 29, 2024, Public Hearing Item No. 30].\nORDINANCE NO. 6596 (ADOPTION) AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF ANAHEIM approving and adopting the Amended and Restated\nDevelopment Agreement No. 2020-00004 by and between the City of Anaheim and Anaheim\nReal Estate Partners, LLC and making certain findings related thereto (DEV2023-00050)\n[Amendment No.1 to the OCVIBE Master Site Plan; introduced at the Council meeting of\nOctober 29, 2024, Public Hearing Item No. 30].

13. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF ANAHEIM adding Chapter 14.72 to Title 14 of the Anaheim\nMunicipal Code regarding the operation of motorized wheeled conveyances in the City of\nAnaheim [including E-Bike regulations].

14. Receive and file the Anaheim Police Department’s Annual (2023) Military Equipment Report.\nORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF\nANAHEIM renewing, with modifications, Ordinance No. 6561 approving the Anaheim Police\nDepartment’s Military Equipment Use Policy (Policy 705) pursuant to California Government\nCode Section 7071.

15. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF\nANAHEIM amending Section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim Municipal\nCode (Public Parks - Prohibited Conduct Generally) [includes determination that ordinance is\nnot subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)\n(2) and 15060(c)(3) of State CEQA Guidelines because it will not result in a direct or\nreasonably foreseeable indirect physical change in the environment as there is no possibility it\nwill have a significant effect on the environment and it is not a " project', as defined in Section\n15378 of State CEQA Guidelines].\nBUSINESS CALENDAR:

16. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF\nANAHEIM adding Section 1.11.085 (Gift Restrictions), to Chapter 1.11 (Sunshine Provisions) of\nTitle 1 (Administration) of the Anaheim Municipal Code [Prohibiting gifts from restricted\nresources over fifty dollars ($50)].

17. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM requesting the State of California take action to mitigate the impacts of Senate\nBill 357 [SB 357 – “Safer Streets For All Act”].\nhttps://local.anaheim.net/docs_agend/questys_pub/44113/Agenda.html 5/8\n11/8/24, 11:20 AM local.anaheim.net/docs_agend/questys_pub/44113/Agenda.html

18. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM, authorizing the execution and delivery of a schedule to the Master Equipment\nLease/Purchase Agreement for the acquisition, financing and leasing of certain equipment for\nthe public benefit within the terms provided herein; authorizing the execution and delivery of\nother documents required in connection therewith; and authorizing all other actions necessary\nto the consummation of the transactions contemplated by this Resolution [for three emergency\ntransport ambulances and various equipment for a total principal amount not to exceed\n$1,500,000].\nApprove Contract Number MA#106-498218 with Republic EVS LLC., in an amount not to\nexceed $688,088.59, for the purchase of three (3) Emergency Transport Ambulances.\nMOTION:\n5:30 P.M. PUBLIC HEARINGS:

19. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) AND\nMITIGATION MONITORING AND REPORTING PLAN NO. 391\nDEVELOPMENT APPLICATION NO. 2023-00042 (DEV2023-00042)\nGENERAL PLAN AMENDMENT\nTENTATIVE TRACT MAP NO. 19290\nOWNER: Lumberyard Was Here, LLC, 709 Randolph Avenue, Costa Mesa, CA 92626\nAPPLICANT: MLC HOLDINGS, LLC (Meritage Homes), 5 Peters Canyon Road Suite 310,\nIrvine, CA 92606\nPROJECT LOCATION: The approximately 2.05-acre site consists of two properties located at\n275 and 301 East Santa Ana Street at the northwest and northeast corners of Philadelphia\nStreet and Santa Ana Street.\nREQUEST: The applicant requests to construct a new residential development consisting of 56\nfor-sale 3-story condominium townhomes. Ten percent of the units would be for moderate-\nincome buyers. The project requires the following entitlements: (i) a General Plan Amendment\nto change the land use designation of the project site from Low Medium Density Residential to\nMedium Density Residential and (ii) a Tentative Tract Map to create a one-lot condominium\nmap to construct 56 townhomes.\nENVIRONMENTAL DETERMINATION: The City Council will determine whether to approve\nand adopt the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and\nReporting Plan No. 391 as the appropriate environmental documentation for the project.\nACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval\nof the project and approved Resolution Nos. PC2024-025 (Recommended City Council\napprove and adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 391\nfor the project), PC2024-026 (Recommended City Council approve and adopt proposed\nGeneral Plan Land Use Element Amendment), and PC2024-027 (Approved Tentative Tract\nMap No. 19290, as amended with a new Condition No. 3, subsequent renumbering thereafter,\nand revisions to Condition No. 44 renumbered as No. 45). VOTE: 7-0 (Chairperson Walker and\nCommissioners Castro, Kelly, Lieberman, Perez, Tran-Martin, and Kring voted yes). (Planning\nCommission meeting of September 23, 2024).\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM approving and adopting the Mitigated Negative Declaration and Mitigation\nMonitoring Plan No. 391 for Development Application No. 2023-00042 (275 and 301 East\nSanta Ana Street).\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM amending the General Plan of the City of Anaheim (DEV2023-00042) (275 and\n301 East Santa Ana Street).\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF ANAHEIM approving Tentative Tract Map No. 19290 and making certain findings in\nconnection therewith (DEV2023-00042) (275 and 301 East Santa Ana Street).

2. Approve recognitions recognizing Mike Rubin’s retirement as a Board Member with the Anaheim\nCommunity Foundation; 2024 Anaheim Tech Scholar Recipients; Anaheim Fall Festival\nCommittee’s efforts in the 100th Anniversary of the Fall Festival; the 50th Anniversary of West\nAnaheim Girl Scout Troop 3702; and the 40th Anniversary of GBS Linens.

20. This is a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act\nand the Internal Revenue Code of 1986, as amended, to consider a resolution approving the\nissuance of the California Enterprise Development Authority Revenue Bonds, in an aggregate\nprincipal amount not to exceed $37,000,000, for the purpose of financing and refinancing the\ncost of the acquisition, construction, renovation, equipping and furnishing of healthcare facilities\nand other related and appurtenant facilities for the benefit of Benevolence Industries\nIncorporated, dba Benevolence Health Centers, a California nonprofit public benefit\ncorporation, located at: 1010 Crenshaw Boulevard, Suite 100, Torrance, California 90501; 303\nNorth East Street, Anaheim, California 92805 (Anaheim Facility); 1126 East South Street, Long\nBeach, California 90805; 505-515 North Arrowhead Avenue, San Bernardino, California 92401;\n3631 Crenshaw Boulevard, Suite 109, Los Angeles, California 90016; and 12610 Glenoaks\nBoulevard (also known as 14040 Hubbard Street), Sylmar, California 91342, and providing the\nterms and conditions for such Bonds and other matters relating thereto.\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM approving the issuance of revenue bonds pursuant to a plan of finance by the\nCalifornia Enterprise Development Authority in an aggregate principal amount not to exceed\n$37,000,000 for the purpose of financing and refinancing the cost of the acquisition,\nconstruction, renovation, equipping and furnishing of certain healthcare facilities for the benefit\nof Benevolence Industries Incorporated and/or a related or successor entity, providing the\nterms and conditions for such bonds, and other matters relating thereto.

3. Approve the 2025 Investment Policy for the City of Anaheim.

4. Approve carryover expenditure appropriations of $120,540,934 from Fiscal Year 2023/24 to\nFiscal Year 2024/25 for projects previously approved by the City Council but not completed.

5. Determine, on the basis of the evidence submitted by Good Hope International, that the property\nowner has complied in good faith with the terms and conditions of Development Agreement No.\n2016-00001 for the 2024 review period for the eight-story, 580-room hotel project located at\n1700 South Harbor Boulevard in The Anaheim Resort.

6. Approve the agreement with Nichols Consulting Engineers, Chtd, dba NCE, in the amount of\n$532,840 inclusive of a 10% contingency for as-needed extra work for the completion of\nservices, for engineering services to provide the Citywide Pavement Management Plan Update\nfor the Arterial Highway System and Local Street System from Fiscal Year 2025 to Fiscal Year\n2029; and authorize the Director of Public Works, or designee, to execute the agreement and\nrelated documents and to take the necessary actions to implement and administer the\nagreement.\nhttps://local.anaheim.net/docs_agend/questys_pub/44113/Agenda.html 3/8\n11/8/24, 11:20 AM local.anaheim.net/docs_agend/questys_pub/44113/Agenda.html

7. Approve a Master Agreement with eight contractors and such other pre-qualified contractors as\nmay be pre-qualified by the City during the term of the Master Agreement, each in an amount\nnot to exceed $1,000,000 per work order package or request for emergency response services,\nfor park facility maintenance, demolition, repair, replacement and emergency response\nservices each for a five year period with up to two two-year optional extensions; authorize the\nDirector of Community Services, or designee, to execute the agreements and to take the\nnecessary actions to implement and administer the agreements, including any extensions;\ndetermine that the projects to be performed under the Master Agreement shall be categorically\nexempt under the California Environmental Quality Act, Sections 15301, 15302, 15303, and/or\n15304 of Title 14 of the California Code of Regulations; and authorize de minimis changes that\ndo not substantially change the terms and conditions of the Master Agreement, as determined\nby the City Attorney’s Office [Academy Electric, Inc.; Carmody Construction Company;\nEvolution Landscaping, Inc.; PALP, Inc. dba Excel Paving Company; Hardy & Harper, Inc.;\nLeighton Consulting, Inc.; New Dimension General Construction, Inc.; and RAMCO General\nEngineering Contractors, Inc.].

8. Approve the Renewable Power Purchase and Sale Agreement with Energy Development &\nConstruction Corporation, dba EDCC, by which EDCC will own, operate, and maintain a wind\nfarm generating facility (Project) and sell to the City all Project-generated energy and\nrenewable attributes including a right of first refusal to all of the Project’s future potential\nproducts, at an approximate annual cost of $1,800,000 during the initial term, which may be\nincreased once at any time by up to 17% if EDCC elects to repower the Project to expand its\ngenerating capacity, for an initial term of ten years with up to two ten-year optional extensions;\nauthorize the Public Utilities General Manager, or designees, to execute the Agreement and\nany associated documents; execute any amendments or restatements to the Agreement,\nincluding the optional term extensions, that are cost-neutral/reducing or would involve only\nminor administrative cost increases; execute any documents needed to carry out the\ntransaction as contemplated by the Agreement, such as collateral assignment agreements,\npower scheduling agreements, and scheduling coordinator agreements; and to take the\nnecessary actions to implement and administer the Agreement.

9. Approve the Grace Orchard Solar Project Power Sales Agreement with Southern California\nPublic Power Authority (SCPPA) by which SCPPA will sell to the City energy and associated\nrenewable attributes generated by the Grace Solar Project, at an annual cost not to exceed\n$13,300,000, for a twenty year term; authorize the Public Utilities General Manager, or\ndesignees, to execute the Agreement and associated documents; execute any amendments or\nrestatements to the Agreement that are cost-neutral/reducing or would involve only minor\nadministrative cost increases; execute any documents needed to carry out the transaction as\ncontemplated by the Agreement; and to take the necessary actions to implement and\nadminister the Agreement.