Ashleigh E.
Aitken
Mayor
Natalie
Rubalcava
Mayor Pro
Tem
District 3
Jose Diaz
Council
Member
District 1
Carlos A.
Leon
Council
Member
District 2
Norma Campos
Kurtz
Council
Member
District 4
Stephen
Faessel
Council
Member
District 5
Natalie Meeks
Council
Member
District 6
200 S.
Anaheim Blvd.
Anaheim, CA
92805
Tel: (714)
765-5166
Fax (714)
765-4105
www.anaheim.net
ANAHEIM CITY
COUNCIL
AGENDA
FEBRUARY 28, 2023
CITY COUNCIL
HOUSING AUTHORITY
�
ORDER OF BUSINESS:
�
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.
�
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.
�
Closed sessions may
be preceded by one or more public workshops.
�
If a workshop is scheduled, the subject and time of the workshop will appear on the agenda.
�
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.
�
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.
�
REPORTS:
�
All agenda items and reports are available for review in the City Clerk�s Office and
www.anaheim.net/councilagendas.
�
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]
.
�
PUBLIC COMMENTS:
�
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.
�
Any remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is exhausted.
�
The second Public Comment period will be opened by the Mayor if any non-agenda item speakers were not called during the first Public Comment period.
�
For public hearings, t
he Mayor or
Chairperson will separately call for testimony at the time of each public hearing.
�
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.
�
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.
��
�
CONSENT CALENDAR:
�
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.
�
SERVICIOS DE TRADUCCION
�
(TRANSLATION
SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH) :
La ciudad
provee
servicios
de
interpretaci�n
al
espa�ol
en
las juntas del
Consejo
.
La
interpretaci�n
simult�nea
al
espa�ol
se
ofrece
por
medio del
uso
de
aud�fonos
y la
interpretaci�n
consecutiva
(
espa�ol
a
ingl�s
)
tambi�n
est�
disponible para
cualquiera
que
desee
dirigirse
al
Ayuntamiento
,
declarando
su
petici�n
en
el
podio
. No
tiene
que usar
los
servicios
de
interpretaci�n
de la
Ciudad; las personas
pueden
proveer
su
propio
int�rprete
,
si
lo
desean
.
�
Debido
a que
existen
muchos
dialectos
y
regionalismos
, la Ciudad no
puede
garantizar
que
los
int�rpretes
puedan
traducir
a un
dialecto
o
regionalismo
en
particular y
reh�sa
cualquier
responsabilidad
que
surja
de
tales
servicios
.
�
Para
servicios
de
interpretaci�n
en
otros
idiomas
,
comun�quese
con la
oficina
de la Ciudad (City Clerk),
cuando
menos
48 horas antes de la junta
programada
.
ANAHEIM CITY COUNCIL
ANAHEIM,
CALIFORNIA
FEBRUARY 28, 2023
3:30
P.M.
Call
to order the Anaheim City Council
.
3:30 P.M. - CLOSED SESSION
ADDITIONS/DELETIONS
TO CLOSED SESSION:
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Recess to 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 Organizations:
�
Anaheim Police Management Association and
Teamsters, Local 952
2. CONFERENCE
WITH LEGAL COUNSEL � EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of
the California Government Code)
Name of Case
:
�
Antonio
Lopez, et al. v. City of Anaheim, et al., USDC Case No. 8:22-cv-01351-JVS ( ADSx
)
3. CONFERENCE
WITH
LEGAL
COUNSEL � EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of
the California Government Code)
Name of Case
:
�
Palmer v.
City of Anaheim, 4th Appellate District, Division Three Case No. G060880 from OCSC Case No. 30-2017-00938646-CU-JR-CXC
4. ��������
CONFERENCE
WITH LEGAL COUNSEL � EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of
the California Government Code)
Name of Case:
�
Deidre Braun v. City of Anaheim, et al., OCSC
Case No. 30-2022-01252881
Reconvene
the Anaheim City Council.
5:00 P.M.
INVOCATION:
������
Father Ed
Poettgen
, St. Boniface Catholic
Church
FLAG SALUTE:
����
Council Member Norma Campos Kurtz
PRESENTATION:
�
Recognizing the Cypress
College Foundation Americana Awards Person of the Year, Liz Dunster
and Citizen of the
Year, Kay Carpenter
ACCEPTANCE OF OTHER RECOGNITIONS (To be
presented at a later date):
Recognizing the 65
th
Anniversary
of the Anaheim Public Library�s Bookmobile
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 hearing):
(limited to 90 minutes, or until
all agenda item speakers have been heard; any time remaining shall be provided to non-agenda item speakers)
COUNCIL
COMMUNICATIONS:
CITY MANAGER�S UPDATE:
R
ecess
the Anaheim City Council.
5:00 P.M. - HOUSING
AUTHORITY
CONSENT
CALENDAR:
1. Approve a Preliminary Funding Commitment Letter, in
substantial form, with Toll West Coast, LLC to allocate up to $2,900,000 in affordable housing funds for first-time home buyer down payment assistance for the 100 West Homeownership Affordable Housing Project located at 100-394 West Cerritos Avenue; authorize the Executive Director, or designee, to execute and administer the Preliminary Funding Commitment Letter on behalf of the Anaheim Housing Authority; and authorize the Executive Director, or designee, to enter into subsequent agreements necessary to implement the down payment assistance, provided that such agreements do not materially increase or extend the assistance provided by the Anaheim Housing Authority under the Preliminary Funding Commitment Letter.
Approve a Cooperation Agreement, in substantial form, with the City of Anaheim to make available an amount up to $2,900,000 of Building Equity and Growth in Neighborhoods (BEGIN) Program Funds for the down payment assistance for the 100 West Homeownership Affordable Housing Project and authorize the Executive Director of the Housing Authority, or designee, to execute and administer the agreement (related to City Council Agenda Item No. 21).
Amend the Housing and Community Development Department�s FY 2022/23 budget by $2,900,000 (related to City Council Agenda Item No. 21).
2. Approve minutes of the Housing Authority meeting of
January 10, 2023.
Adjourn the Anaheim Housing
Authority.
Reconvene the Anaheim City Council.
5:00 P.M. - CITY COUNCIL
MOTION:
__________ Waive reading of all
ordinances and resolutions and adopt the consent calendar .
CONSENT
CALENDAR:
3. Approve recognitions recognizing Anaheim resident Cruz Lopez
Pinelli�s
100th birthday and Anaheim business,
The
Sunbliss
Caf�, for earning national recognition
as #6 on
Yelp.com�s
2023 Top 100 Places to Eat.
4. Adopt the 2023 Legislative Platform that guides the
City�s support of, or opposition to, state and federal legislation and authorize City staff to contact federal and state representatives to advocate for legislative proposals consistent with the goals outlined within the 2023 Legislative Platform.
5. Approve the Fifth Amendment (Fourth CARES Act Amendment) to the Fiscal Year 2019-2020 Annual Action Plan, in substantial form, to fund two new programs that will assist the City in preventing, preparing for, and responding to COVID-19 using Community Development Block Grant (CDBG) funds from the CARES Act totaling $644,600 and designate the Director of Housing & Community Development, or designee, as the Certifying Official authorized to execute all documents related to the administration, management, and implementation of the funding; and provide discretion to the Director, or designee, to reallocate funds to eligible activities as deemed necessary to address greatest need.
6. Approve the First Amendment, in substantial form, to the Fiscal Year 2022-2023 Annual Action Plan adding new activities and modifying the 2022-2023 Annual Action Plan program budget; and designate the Director of Housing & Community Development as the Certifying Official authorized to execute all documents related to the administration, management, and implementation of the funding (reallocating CDBG Public Services funds for the Community Services Department to use for the Brookhurst Teen Center and increase funds for the Housing Opportunities for Persons with AIDS (HOPWA) Supportive Services.
7. Approve the Anaheim Public Art Plan.
8. Accept the bid from
Rasix
Computer Center, Inc., in the amount of $99,477 plus a 20% contingency and applicable tax, for the purchase of printer supplies, ink, and toner cartridges for use by departments citywide 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 #9659.
9. Accept the bid from
Kourtis
Industries LTD dba Energy Management Solutions, in an amount not to exceed $54,394.40, to provide maintenance and repair services for the lights at city parks and ballfields for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9651.
10. Accept the lowest responsive bid from Ascent Aviation Group, Inc., in the amount of $477,853.52 plus applicable taxes and fees, for as-needed purchases of aircraft Jet A fuel for the Anaheim Police Department and Orange County Fire Authority for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to increase the annual not to exceed amount, subject to available budget appropriations, and to execute the renewal options in accordance with Bid # 9649.
11. Accept the bid from Anixter Inc., in the amount of
$434,097.29 plus applicable tax, for the purchase of sump pumps, clamps, and other miscellaneous electrical materials for planned projects and to replenish inventory for Anaheim Public Utilities in accordance with Bid #9660.
12. Waive Council Policy 4.0 and ratify a purchase order issued to National Circuit Breaker, Inc., in the amount of $61,880, for providing a new main 4,000 amp circuit breaker and rebuilding an existing 4,000 amp circuit breaker in order to restore normal power to the City Hall facility.
13. Award the contract to the lowest responsible bidder, R.J.
Noble Company, in the amount of $252,455, for the Miraloma Avenue Rehabilitation Project from
Etchandy
Lane to
Jefferson Street; 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 from the California Environmental Quality Act pursuant to Class 1, Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
14. Award the contract to the lowest responsible bidder, Stance Construction Company, in the amount of $1,205,691.50, for the Concrete Facilities Removal and Replacement Project - Citywide Phase 9; 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 from the California Environmental Quality Act pursuant to Sections 15301, Class 1, and 15302, Class 2, of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
15. Approve the Temporary Construction Easement Agreement with Glenoaks Business Center, LLC, with a total payment amount of $1,000 for a 14 month term, for the property located at 760 North Euclid Street for the Euclid Street from Glenoaks Avenue to Crescent Avenue Corridor Improvement Project (R/W ACQ2020-01274).
16. Approve the Temporary Construction Easement Agreement with Glenoaks Properties, LLC, with a total payment amount of $5,100 for a 14 month term, for the property located at 790 North Euclid Street for the Euclid Street from Glenoaks Avenue to Crescent Avenue Corridor Improvement Project (R/W ACQ2020-01275).
17. Approve the Temporary Construction Easement Agreement with Real Green, LLC, with a total payment amount of $1,000 for a 14 month term, for the property located at 810 North Euclid Street for the Euclid Street from Glenoaks Avenue to Crescent Avenue Corridor Improvement Project (R/W ACQ2020-01276).
18. Waive Council Policy 4.0 and approve a Software-as-a-Service Agreement with Performa Labs, Inc., in an amount not to exceed $82,500, for a mobile device application and proprietary training material for use by the Anaheim Police Department for a one year period; and authorize the Chief of Police to execute the agreement and to take the necessary actions implement and administer the agreement.
19. Waive Council Policy 4.1 and approve an Agreement with Scott Maddy, dba SDM Consulting, in an amount not to exceed $225,000, to coordinate and manage police facility infrastructure projects as directed, coordinate with Anaheim Police Department Information Technology staff on projects within police facilities, and manage and maintain the department�s 800 MHz radio systems for the term commencing February 1, 2023 through January 31, 2024 ; and authorize the Chief of Police to execute the agreement and to take the necessary actions to implement and administer the agreement.
20. Approve a Lease Agreement with the County of Orange, in an annual amount not to exceed $50,000 with one time startup cost of approximately $20,000, for the use of premises in the Orange County Data Center to support the City�s Disaster Recovery solution for a term of three years with two one-year optional extensions; and authorize the Finance Director to execute the agreement.
21. Approve a Cooperation Agreement, in substantial form, with the Anaheim Housing Authority to make available up to $2,900,000 of Building Equity and Growth in Neighborhoods (BEGIN) Program Funds for the down payment assistance for the 100 West Homeownership Affordable Housing Project, authorize the Director of Housing & Community Development, or designee, to execute and administer the agreement, and amend the Housing and Community Development Department�s FY 2022/23 budget by $2,900,000 (related Housing Authority Agenda Item No. 1).
22. Approve the First Amendment to Professional Services Agreement with Michael Baker International, Inc., increasing the not to exceed amount from $130,000 to $390,000, for on-call project management and related consulting services; and authorize the City Manager, or designee, to execute and administer the agreement.
23. Approve minutes of the City Council meetings of October 25, 2022, November 1, 2022, November 15, 2022, and December 6, 2022.
BUSINESS CALENDAR
:
24. Discuss and consider to: (
i
)
amend or narrow the scope of work of JL Group, LLC; (ii) adjust or affirm the not-to-exceed contract amount with JL Group, LLC (currently at $750,000); (iii) possibly waive JL Group, LLC�s obligation to keep matters confidential to allow communications with the Orange County District Attorney�s Office; and/or (iv) provide any other direction as to the current investigation of former Mayor Harry Sidhu and the City Council regarding campaign contributions and potential Brown Act violations in the context of the facts alleged in the federal investigation (continued from the City Council meeting of February 7, 2023, Item No. 16).
MOTION:
������������������
25. Consider approving a plan increase operational hours at the Anaheim Public Libraries, specifically Central,
Haskett
,
East, and Canyon, beginning July 1, 2023 at a cost of $1,283,578 to be included in the Proposed FY 2023/24 budget.
MOTION:
������������������
26. Consider (re)appointments to certain city Boards and Commissions with terms ending December 31, 2026; and appointments to unscheduled vacancies on the Community Services Board, Housing and Community Development Commission, and the Public Utilities Board with terms ending December 31, 2024.
Community
Services Board (2 appointments)
District 3 appointment:
���������������������������������������������������������� �
(December 31, 2026)
District 4 appointment:
���������������������������������������������������������� �
(December 31, 2024)
(Unscheduled vacancy)
Housing and Community
Development Commission (1 appointment)
District 4 appointment:
���������������������������������������������������������� �
(December 31, 2024)
(
Unscheduled vacancy)
Planning Commission (1
appointment
)
District 2 appointment:
���������������������������������������������������������� �
(December 31, 2026)
Public Utilities Board (1
appointment)
District 4 appointment:
���������������������������������������������������������� �
(December 31, 2024)
(Unscheduled vacancy)
5:30
P.M. PUBLIC HEARING:
27. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
MITIGATION MONITORING PLAN NO. 386
DEVELOPMENT APPLICATION NO. 2021-00195
OWNER:
Faith Lutheran Church of Anaheim, 2219 W. Orange Ave., Anaheim, CA 92804
APPLICANT:
Jeff Weber, Melia Homes, 8951 Research Drive, Irvine, CA 92618
PROJECT LOCATION:
This
approximately 2.4-acre site is located at
2219 W. Orange Ave.,
on the north side of Orange Avenue approximately 150
feet west of Brookhurst Street.
REQUEST:
The applicant requests approval to subdivide a 2.4-acre property currently developed with a church, preschool, and daycare facility, to develop a 1.3-acre portion of the property with 24 single-family attached townhomes in six residential buildings and associated improvements, with 10% of the units affordable to moderate income buyers. All homes would be three stories tall and would include attached two-car side-by-side garages on the ground floor. Vehicle access to the project site would be provided via one main driveway entry from Orange Avenue. The existing improvements on the 1.3-acre portion of the site would be demolished. A General Plan Amendment, Reclassification, Conditional Use Permit, and Tentative Tract Map are being requested.
ENVIRONMENTAL DETERMINATION
:
The City Council will consider whether the Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring Plan No. 386 prepared for the project are the appropriate environmental documentation for this request under the California Environmental Quality Act.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council approval of a General Plan Amendment, Reclassification, Conditional Use Permit, and Tentative Tract Map (PC2023-002, PC2023-003).
VOTE: 5-0
(Chairperson
Kring
and Commissioners White, Henninger, Perez, and Walker
voted yes; Commissioner Mouawad recused himself from the item due to a conflict of real property interest less than 1,000 feet from the property; one (1) Commission vacancy) (Planning Commission meeting of January 18, 2023) RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 386 for DEV2021-00195 (DEV2021-00195) (2219 West Orange Avenue).
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (General Plan Amendment) (DEV2021-00195) (2219 West Orange Avenue) [amending the land use designation from Corridor-Residential to Low-Medium Density Residential].
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting proposed Conditional Use Permit (DEV2021-00195) (2219 West Orange Avenue).
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 19192 (DEV2021-00195) (2219 West Orange Avenue).
ORDINANCE NO.
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (DEV2021-00195) (2219 West Orange Avenue) [reclassifying proposed Lot 2 of the Tentative Tract Map from �T� Transition zone to �RM-3� Multiple-Family Residential zone].
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
March 7, 2023.
All
agenda items and reports are available for review in the City Clerk�s Office and
www.anaheim.net/councilagendas
, and the Central Library.
�
Any
writings or
documents provided to a majority of the
City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 during regular business hours and by contacting the office by phone, 714-765-5166, or email to
[email protected]
.
If
requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
Any person who requires a disability-related
modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk�s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, by telephone at (714) 765-5166, or via email to
[email protected]
, no later than 8:00 AM on the day of the scheduled
meeting.
TRANSLATION SERVICES:
�
Spanish interpreting
services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist, the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. For translation services in other languages, contact the City Clerk�s office no later than 48 hours prior to the scheduled meeting.
VIEW CITY COUNCIL MEETINGS LIVE AND
ARCHIVED:
�
Anaheim City Council meeting videos can be
viewed live on the City�s website at
www.anaheim.net/councilvideos
.
POSTING STATEMENT:
�
On
February 23, 2023, 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
.