Ashleigh E. Aitken
Mayor
Norma Campos Kurtz
Mayor Pro
Tem
District 4
Jose Diaz
Council Member
District 1
Carlos A. Leon
Council Member
District 2
Natalie Rubalcava
Council Member
District 3
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
OCTOBER
8, 2024
�
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.
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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.
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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:
�
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.
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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.
�
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.
SERVICIOS DE
TRADUCCION
�
(
TRANSLATION
SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH) :
La ciudad
provee
servicios
de
interpretaci�n
al
espa�ol
en
las juntas
del Consejo. La
interpretaci�n
simult�nea
al
espa�ol
se
ofrece
por
medio del
uso
de
aud�fonos
y la
interpretaci�n
consecutiva
(
espa�ol
a
ingl�s
)
tambi�n
est�
disponible para
cualquiera
que
desee
dirigirse
al
Ayuntamiento
,
declarando
su
petici�n
en
el
podio
. No
tiene
que usar
los
servicios
de
interpretaci�n
de la
Ciudad; las personas
pueden
proveer
su
propio
int�rprete
,
si
lo
desean
.
�
Debido
a que
existen
muchos
dialectos
y
regionalismos
, la Ciudad no
puede
garantizar
que
los
int�rpretes
puedan
traducir
a un
dialecto
o
regionalismo
en
particular y
reh�sa
cualquier
responsabilidad
que
surja
de tales
servicios
.
�
Para
servicios
de
interpretaci�n
en
otros
idiomas
,
comun�quese
con la
oficina
de la
Ciudad (City Clerk),
cuando
menos
48 horas antes de la junta
programada
.
ANAHEIM CITY COUNCIL
ANAHEIM, CALIFORNIA
OCTOBER 8, 202
4 4:00 P.M.
Call to order the
Anaheim City Council.
4:00 P.M. - CLOSED SESSION
ADDITIONS/DELETIONS TO CLOSED SESSION:
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Recess
to closed session.
4:00 P.M. - CLOSED SESSION
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 LEGAL
COUNSEL � ANTICIPATED LITIGATION
Initiation
of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9
:
One Potential Case
Reconvene the Anaheim City Council.
5:00 P.M.
INVOCATION:
������
Reverend Lissa Smith,
Canyon Hills Presbyterian Church
FLAG SALUTE:
����
Council Member Carlos A. Leon
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented
at a later
date
):
Recognizing October 6 � 12,
2024, as Fire Prevention Week
Recognizing October 5 � 13, 2024, as California Water
Professionals Appreciation Week
ADDITIONS/DELETIONS
TO THE AGENDA:
PUBLIC COMMENTS (all agenda
items):
(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:
5:00 P.M. - CITY COUNCIL
MOTION:
__________ Waive reading in full of
all ordinances and resolutions and adopt the consent calendar
CONSENT
CALENDAR:
1. ���
Receive and file minutes of the Library Board meeting of August 12, 2024 and the Parks and Recreation Commission meetings of March 23, 2022, April 27, 2022, May 25, 2022, July 27, 2022, August 24, 2022, September 28, 2022, October 26, 2022, December 7, 2022, February 22, 2023, March 22, 2023, April 26, 2023, May 24, 2023, June 28, 2023, July 26, 2023, August 23, 2023, September 27, 2023, October 25, 2023, December 6, 2023, January 24, 2024, February 28, 2024, March 27, 2024, April 24, 2024, May 22, 2024, June 26, 2024, July 24, 2024, and August 28, 2024.
2. ����
Approve recognitions recognizing community leaders for
their efforts in the approval of the Little Arabia freeway signs; Oliver Cortez for his contributions to the Chicano Heritage Art Exhibit; and Sofia Romero for her contributions to the Rose Bush Vine neighborhood.
3. ���
Accept the bid from Ortiz Custom Upholstery, Inc., in an amount not to exceed $67,000, for lobby furniture repair services for a one year period with four one-year optional renewals, and authorize the Purchasing Agent, or designee, to execute all necessary documents related to the agreement in accordance with Bid #9819.
4. ���
Accept the bid from Montgomery Hardware Company, in the amount of $215,730, for the removal and replacement of the Anaheim Convention Center Arena doors (Bid #9813).
5. ���
Ratify an increase of $18,970 in the value of the current Master Agreement with Mesa Energy Systems, Inc., dba
Emcor
Services Mesa Energy, for repairs to the Hall E chiller unit at the Anaheim Convention Center, raising the not-to exceed amount of $95,745 to $114,715, to cover the expenses associated with re-rigging the compressor due to a faulty gasket identified after the initial rigging.
6. �������
Award a purchase order to Amtech Elevator Services, in
the amount of $175,000, to replace 166 escalator steps at the Anaheim Convention Center; and authorize the Purchasing Agent, or designee, to execute documents, as necessary, related to the purchase order.
7. ���
Award a contract to the lowest responsible bidder, R.J.
Noble Company, in the amount of $1,266,407.95, for the Dale Avenue Rehabilitation Project from Ball Road to Orange Avenue; determine that the Project is Categorically Exempt under the California Environmental Quality Act pursuant to Class 1, Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; 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; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
8. ���
Award the construction contract to the lowest responsive and responsible bidder, Aster Construction Services Inc., in the amount of $2,084,225, for the Rio Vista Park Improvements (Re-bid) Project; determine the project is categorically exempt under the California Environmental Quality Act pursuant to Class 2, Section 15302 (Reconstruction), Class 3, Section 15303 (New Construction) and Class 11, Section 15311 (Accessory Structures) of Title 14 of the California Code of Regulations; 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; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
9. ���
Determine that the proposal submitted by Burns &
McDonnell Engineering Company, Inc., dba Burns & McDonnell ( BMcD
), is the most advantageous to the City and award a
Design-Build Agreement to
BMcD
, in the amount
of $27,707,073 plus a 10% contingency, to design and construct the Southwest Substation Upgrade Project and waive any irregularities in any of the proposal documents; determine that the project and related construction activities associated therewith are exempt under the California Environmental Quality Act pursuant to Sections 15301(b), 15302(c), 15303(d), 15303(e), and 15304 of Title 14 of the California Code of Regulations; authorize the Director of Public Works to execute the agreement and related documents and to take the necessary, required, or advisable actions to implement and administer the agreement; authorize de minimis changes to the agreement that do not substantially change the terms and conditions of the agreement, as determined by the City Attorney�s Office, and authorize the Risk Manager to approve changes to the insurance, indemnification, and liability provisions of the agreement as long as the changes are in the City�s best interest; increase Anaheim Public Utilities Department Fiscal Year 2024/25 Electric Capital Improvement Program budget by $27,707,073; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions in accordance with Public Contract Code Section 22300.
10. �
Approve the 2024-01 Amendment to an agreement with
Insurity
LLC, successor in interest to Systema Software
LLC, for continued services of claims management and billing services for a one year extension of the Master Software and Services Agreement, in an amount not to exceed $115,000; and authorize the Director of Human Resources to execute the amendment.
11. ���
Approve Workforce Innovation and Opportunity Act
Agreements with the Orange County Conservation Corps and Taller San Jose Hope Builders, dba Hope Builders, in amounts not to exceed $283,290 and $231,783, respectively; each with terms beginning July 1, 2024 through June 30, 2026; to assist local disadvantaged youth to prepare for joining the workforce; and authorize the Director of the Housing & Community Development Department, or designee, to execute and administer the agreements.
12. �
Approve the Fifth Amendment to Agreement with Frome
Developments Omega, LLC, increasing the compensation amount by $137,040, for the lease of a storage facility for police property and evidence, extending the term of the agreement for a three year period beginning December 1, 2024, and ending on November 30, 2027; and authorize the Chief of Police, or designee, to execute the amendment.
13. �
Approve the Final Map and Subdivision Agreement of Tract No. 19286 with Landsea Homes of California, LLC, for a proposed residential condominium project comprised of 44 attached single-family townhomes with open space, private drives, and landscaped areas, located at 2952-2960 West Lincoln Avenue.
14. �
Approve Amendment No. 4 to Cooperative Agreement No.
C-4-1714 with the Orange County Transportation Authority for the Anaheim Canyon Metrolink Station Improvement Project, increasing the reimbursable funds to the City of Anaheim by $25,950 for a total amount not to exceed $408,950; and increase the Department of Public Works revenue and expenditure budget for FY 2024/25 in the amount of $25,950.
15. �
Approve Agreement for Public Transportation Services in the City of Anaheim with the Anaheim Transportation Network to document roles in response to the State Controller�s comments regarding its ability to ascertain whether the City is a transit operator that is required to submit Financial Transaction Reports as part of State Transit Assistance funding processes; and authorize the Director of Public Works, or designee, to take the necessary actions to implement and administer the agreement.
16. �
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the acquisition of the Crown Motel located at 1136 N. La Palma Park Way in the amount of $3,488,000, including associated relocation costs, sourced in whole or in part from Community Development Block Grant (CDBG) Funds and the City�s Community Improvement Project Funds; approving an Agreement for Sale of Property and Joint Escrow Instructions by and between the City of Anaheim and Bhagu
C. Patel and Damyanti B. Patel, husband and wife,
substantially in the form submitted herewith for the purchase of the Crown Motel, in the amount of $3,288,000; authorize the Director of Community Services, or her designee, to execute and administer the agreement on behalf of the City of Anaheim; and, increase the FY 2024/2025 Community Services Department�s budget by $3,488,000.
17. �
ORDINANCE NO.
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section
1.04.310 and adding Section 1.04.312 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code relating to the procurement of certain equipment, materials, supplies and services for the Public Utilities Department to address emergency repairs, operations, maintenance, and construction of electric and water utility infrastructure.
Determine that the ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment and therefore is not a project within the meaning of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Section 15378(b).
Approve an Agreement with
ProcureAbility
, Inc., in an
average annual not-to-exceed amount of $1,503,704 plus 15% for as-needed extra services, for strategic sourcing and procurement services for a five year term with two two-year optional extensions; authorize the Public Utilities General Manager, or designees, to execute all related documents and to take the necessary or advisable actions to implement, fund, and administer the agreement.
18. Approve minutes of the City Council meeting of March 26, 2024.
BUSINESS
CALENDAR:
19. �
ORDINANCE NO.
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 11.11 (Obstruction of Public Rights-of-Way and Facilities), to Title 11 (Public Property) of the Anaheim Municipal Code prohibiting interference with the public�s right of access to public streets, sidewalks, rights-of-way and facilities [includes determination that adding Chapter 11.11 to the Anaheim Municipal Code is not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(2), 15060(c)(3), and Section 15378 of Title 14 of the California Code of Regulations].
ORDINANCE NO.
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 11.13 (Prohibition on Repair and Sales of Bicycles and Bicycle Parts in Public Areas) to Title 11 (Public Property) of the Anaheim Municipal Code to prohibit bike sales and bike repairs on public property [includes determination that adding Chapter 11.13 to the Anaheim Municipal Code is not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(2), 15060(c)(3), and Section 15378 of Title 14 of the California Code of Regulations].
ORDINANCE NO.
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 6.30 (Smoking in Public Places) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code to prohibit smoking in public parks and within specified distances of schools, day care centers and transit stops [includes determination that amendments to Chapter 11.13 of the Anaheim Municipal Code are not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(2), 15060(c)(3), and Section 15378 of Title 14 of the California Code of Regulations].
20. �
ORDINANCE NO.
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 17.24 (Underground Utilities) of the Anaheim Municipal Code to establish a timeline for removal of overhead facilities, declare a public nuisance, and authorize enforcement and penalties associated with the removal of overhead telecommunication facilities within Underground Utility Districts [includes determination that amendments to Chapter 17.24 of the Anaheim Municipal Code are not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(3), 15378, 15301, 15302, 15303, and 15304 of Title 14 of the California Code of Regulations].
21. �
ORDINANCE NO.
(INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Chapter 17.40 to Title 17 of the Anaheim Municipal Code establishing inclusionary housing requirements for new residential projects [includes determination that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) and is not considered a project as defined pursuant to Public Resources Code Section 21065].
22. �
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting the State of California take emergency action to strengthen and stabilize California�s marketplace for property insurance.
23. �
Discuss and provide direction to staff on (1) whether to present for the Council�s consideration a local ordinance restricting the acceptance of gifts from certain restricted sources, and (2) the general nature and scope of the restrictions of any ordinance so presented.
MOTION:
REPORT ON CLOSED SESSION ACTIONS:
PUBLIC
COMMENTS
(non-agenda
items):
(opened only if any remaining non-agenda speakers were not called to speak during the first Public Comment period)
cOUNCIL AGENDA SETTING:
Adjournment:
Next regular City Council meeting is scheduled for October 29, 2024.
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
October 3, 2024, 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