VACANT
Mayor
Trevor O�Neil
Mayor Pro Tem
District 6
Jose Diaz
Council
Member
District 1
Gloria
Sahag�n
Ma�ae
Council
Member
District 2
Dr. Jose F.
Moreno
Council
Member
District 3
Avelino
Valencia
Council
Member
District 4
Stephen
Faessel
Council
Member
District 5
200 S.
Anaheim Blvd.
Anaheim, CA
92805
Tel: (714)
765-5166
Fax (714)
765-4105
www.anaheim.net
ANAHEIM CITY COUNCIL
AGENDA
SEPTEMBER 13, 2022
CITY COUNCIL
HOUSING AUTHORITY
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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). �
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.
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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
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(
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
SEPTEMBER
13, 202
2 3:00 P.M.
Call
to order the Anaheim City Council.
ADDITIONS/DELETIONS TO CLOSED SESSION:
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Recess to closed session.
3:00 P.M.
- CLOSED SESSION
1. CONFERENCE
WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative:
Linda
Andal
,
Human Resources Director
Name of Employee Organization:
Anaheim Firefighters Association, Local 2899
2. CONFERENCE
WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation
of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9
:
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One potential case
3. CONFERENCE
WITH LEGAL COUNSEL-EXISTING LITIGATION
(Subdivision
(d
)(
1) of Section 54956.9
of the California Government Code)
Name
of Case
:
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Lomeli v. City of Anaheim, OCSC Case No.
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30-2022-01248768-CU-OE-CJC
4. PUBLIC
EMPLOYEE PERFORMANCE EVALUATION
(Section
54957 (b) (1) of the California Government Code)
Positions:
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City Manager, City Attorney, and City
Clerk
5. CONFERENCE
WITH LABOR NEGOTIATORS
(Subdivision
(a) of Section 54957.6 of the California Government Code) Agency
Designated Representative:
�
Linda
Andal
,
Human Resources Director
Positions:
�
City Manager, City Attorney, and City
Clerk
Reconvene the
Anaheim City Council.
5:00 P.M.
INVOCATION:
������
Pastor Jonathan
Dirmann
,
The
Rock Church in Anaheim
FLAG SALUTE:
����
Council Member Gloria
Sahag�n
Ma'ae
����������
ACCEPTANCE OF OTHER RECOGNITIONS (To be
presented
at a later date
):
Recognizing September 9
- 18, 2022, as Welcoming Week
Recognizing September 17 - 23, 2022, as
Constitution Week
Call to order the Anaheim Housing
Authority (in joint session with the City Council).
ADDITIONS/DELETIONS TO THE AGENDAS:
PUBLIC
COMMENTS (all agenda items, except public hearings):
(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. RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY approving the acquisition of the Covered Wagon Motel located at 823 S. Beach Boulevard in the amount of $6,600,000, sourced in whole or in part, from Permanent Local Housing Allocation and/or Low Moderate Income Housing Asset Funds; approving an Agreement for Sale of Property and Joint Escrow Instructions by and between the Anaheim Housing Authority and Crystal Pak, substantially in the form submitted herewith for the purchase of the Covered Wagon Motel in the amount of $6,600,000; authorize the Executive Director of the Housing Authority, or her designee, to execute and administer the Agreement on behalf of the Housing Authority (includes determination that the proposed project consists of the purchase of a motel site for the creation of an affordable housing project that will not cause a significant effect on the environment and that the Agreement and purchase of the motel site for the creation of affordable housing is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 of Title 14 of the California Code of Regulations).
Approve a
Cooperation Agreement, in substantial form, with the City of Anaheim for the transfer of Permanent Local Housing Allocation funds, in the amount of $6,600,000, to assist with the acquisition of the Covered Wagon Motel located at 823 S. Beach Boulevard, and authorize the Executive Director, or designee, to execute and administer the Agreement (related to City Council Agenda Item No. 12).
2. Approve minutes of the Housing Authority meeting of May 24, 2022.
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:
3. Receive and file minutes of the Public Utilities Board meeting of July 27, 2022.
4. Receive and file the Fair Political Practices Commission 2022 Local Agency Biennial Notice advising that the City�s Conflict of Interest Code
is
currently under review.
5. Approve response to the 2021-2022 Orange County Grand Jury report titled, �How is Orange County Addressing Homelessness?� and authorize the City Manager to execute a letter and forward the response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury.
6. Approve response to the 2021-2022 Orange County Grand Jury report titled, �Water in Orange County Needs �One Voice�� and authorize the Public Utilities General Manager to execute a letter and forward the response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury.
7. Accept the bid from
Greentech
Landscape, Inc., in the amount of $462,000 plus a 20% contingency, to provide landscape maintenance services for the east portion of the Anaheim Resort Maintenance District 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 #9605.
8. Accept the bid from Colley Auto Cars Inc., in the amount of $47,652.68 plus applicable tax and a 15% contingency, to provide OEM Ford automotive repair parts on an as-needed basis for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9603.
9. Ratify the increase to the current Master Agreement with Epic Aviation LLC,
in the amount of
$210,000 for a not
to exceed amount of $400,000 plus applicable taxes, to account for the increases in jet fuel prices over the last 12 months for the as-needed purchase of aviation jet fuel for the period ending January 31, 2023.
10. Waive City Council Policy 4.1 and approve an agreement with Mike D Atkinson, an individual, DBA Landscape Consultants and Contract Management, in an amount not to exceed $100,000, for professional landscape consulting services to support the Public Works Department for a one year term with an option to renew for one additional year; and 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.
11. Approve the Professional Services Agreement with 17 consultants for as-needed traffic engineering and transportation planning services to support the Public Works Department, Traffic and Transportation Section, each in an amount not to exceed $400,000 per Work Order Package or Request and with a total not to exceed contract amount of $1,000,000 per contract year per consultant plus an additional 15% for extra work as necessary for successful completion of a Work Order, each for a three year term with two one-year optional renewals; authorize the Public Works Director to execute each agreement and to take the necessary or advisable actions to implement and administer the agreements; and authorize de
minimis
changes that do not substantially change the terms and conditions of the agreements, so long as such changes are determined to be de minimis
by the City Attorney (ADVANTEC Consulting Engineers, Inc., AGA Engineers, Inc., Alta Planning + Design Inc., CR Associates, Fehr & Peers, General Technologies and Solutions, LLC,
Iteris
, Inc.,
Kimley
-Horn Associates, Inc.,
Kittelson
& Associates Inc., KOA Corporation, LG2WB Engineers Inc. ( Linscott
, Law, & Greenspan Engineers), LSA Associates,
Inc., Mark Thomas and Company, Inc.,
Stantec
Consulting Services, Inc., TJKM Transportation Consultants, Toole Design Group, LLC, and
Willdan
Engineering).
12. Approve a Cooperation Agreement, in substantial form, with the Anaheim Housing Authority for the transfer of Permanent Local Housing Allocation funds, in the amount of $6,600,000, to assist with the acquisition of the Covered Wagon Motel located at 823 S. Beach Boulevard, and authorize the Executive Director, or designee, to execute and administer the Agreement; and approve a waiver of the Transient Occupancy Tax, in the amount of $254,651.54, owed for 823 S. Beach Boulevard to facilitate the sale of the property to the Anaheim Housing Authority (related to Housing Authority Agenda Item No. 1).
13. RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM waiving building-related fees applicable to the Access California Services Project at 300 West Carl
Karcher
Way (reimbursement of fees
already paid totaling $13,295.65).
14. Approve proclamation recognizing September 11, 2022 as Patriot Day in remembrance of September 11, 2001.
15. Approve minutes of the City Council meetings of May 24, 2022 (revised) and June 7, 2022.
END OF CONSENT CALENDAR
:
16. ORDINANCE NO.
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Sections
1.11.050 (Email Retention) and 1.11.070 (Lobbyist Registration) of Chapter 1.11 (Sunshine Provisions) of the Anaheim Municipal Code to increase the email retention
period for certain
employees, to make
certain violations of the City�s lobbying provisions a misdemeanor, and to require that lobbyists certify their reports under penalty of perjury.
Determine that the above
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:
������������������
17. Receive a presentation on the OC Vibe mixed use project (informational item).
18. Receive and file an update on wildfire preparedness and provide direction to staff, as necessary, with the possibility of allocating additional appropriations based on Council direction.
MOTION:
������������������
5:
30 P.M. PUBLIC HEARINGS:
19. Public hearing to consider adding Chapter 12.30 to Title 12 of the Anaheim Municipal Code establishing a pavement trench cut fee and setting the amount of the pavement trench cut fee.
ORDINANCE NO.
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 12.30 to Title 12 of the Anaheim Municipal Code establishing pavement trench cut fee and based upon the finding and determination that said ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the amount of the pavement trench cut fee and adding said fee to the Public Works fee schedule.
20. Public Hearing to consider revising the application fee for ministerial review of an extension of time to comply with conditions of approval and establishing an application fee for ministerial review of an outdoor dining parking permit on private property for restaurants.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to revise an application fee for Extension of Time to Comply with Conditions of Approval and establish a fee for Outdoor Dining Parking Permit (includes determination that adoption of the proposed application fee is exempt from the California Environmental Quality Act pursuant to Section 21080(b)(8) of the California Public Resources Code).
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
COMMUNICATIONS:
COUNCIL AGENDA SETTING:
ADJOURNMENT:
Next regular City Council meeting
is scheduled
for September 27, 2022.
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:
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Anaheim City Council meeting videos
can be viewed
live on the City�s website at
www.anaheim.net/councilvideos
.
POSTING STATEMENT:
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On
September 8, 2022, 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 material is available prior to meetings at
www.anaheim.net
.