07-19-22_Action with CommentsANAHEIM CITY COUNCIL
ACTION AGENDA
JULY 19, 2022
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., 2nd Floor, Anaheim, CA 92805 and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net.
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, the 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 publiccomment@anaheim.net. 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 cityclerk@anaheim.net 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 interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada.
VACANT Mayor Trevor O’Neil Mayor Pro Tem District 6 Jose Diaz Council Member District 1 Gloria Sahagún 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
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ANAHEIM CITY COUNCIL
ANAHEIM, CALIFORNIA
JULY 19, 2022
4:00 P.M.
Call to order the Anaheim City Council. 4:10 P.M. MEMBERS PRESENT: Mayor Pro Tem O’Neil and Council Members Diaz, Moreno, and Faessel. Council Members Ma’ae and Valencia joined the meeting
during Closed Session. [Mayoral vacancy]
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Recess to closed session. 4:11 P.M.
4:00 P.M. - CLOSED SESSION 4:11 P.M.
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Lomeli v. City of Anaheim, OCSC Case No. 30-2022-01248768-CU-OE-CJC 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 Municipal Employees Association (Police
Cadets); Anaheim Fire Association
Reconvene the Anaheim City Council. 5:53 P.M.
5:00 P.M. 5:53 P.M.
MEMBERS PRESENT: Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Moreno, Valencia, and Faessel. [Mayoral vacancy]
INVOCATION: Pastor Abraham John, East West Community Church
FLAG SALUTE: Council Member Avelino Valencia
ADDITIONS/DELETIONS TO THE AGENDA:
City Clerk Theresa Bass announced that staff requested to withdraw Item No. 08, consideration of a Design-Build agreement, land dedication, and a California Environmental Quality Act determination for the Fire Station 12 Project, to be brought back at a later date.
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PUBLIC COMMENTS (all agenda items): 34 speakers. City Clerk Theresa Bass reported 36 public comments were received electronically prior to 5:00 P.M. (Total of 36 public comments received
via email). Public Comments Submitted – July 19, 2022 City Council Meeting (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: Council Member Valencia thanked the Public Works Department for work being done on sidewalks and streets in District No. 4, which is appreciated by residents. He reported his participation at the Employee Appreciation luncheon and looked forward to future participation, further suggesting a departmental relay race.
Council Member Faessel also reported his participation at the Employee Appreciation luncheon. He also reported his attendance, with Council Member Moreno, at a community meeting by the Anaheim Police
Department at St. Anthony’s related to the shooting of Juan Carlos Reynaga. He noted his attendance at the Orange County Family Justice Center’s Motown fundraiser at Pearson Park last Saturday. He thanked Anaheim Public Utilities staff for conducting a tour of Anaheim’s electric facilities for the
Metropolitan Water District electrical engineers. Council Member Ma’ae noted her participation at the Employee Appreciation Day at Center Greens, appreciated the ability to listen to employees, and acknowledged the Spirit Award winners. She thought it was a great event and looked forward to the next one. Council Member Diaz showcased photos of Glee Donuts and Burgers, a family-owned, Southeast Asian immigrant owned small business and encouraged everyone to visit and support the restaurant. He also noted that all departments are working on the various factors surrounding homelessness at Ball Road and Beach Blvd. and at Maxwell Park.
Council Member Moreno reported there was a recent article stating that the Orange County Human Relations Council was addressing rising hate crimes in the county. He noted that Anaheim Union High School District Superintendent Mike Matsuda shared with him a video created by Anaheim High School
dance instructor Oscar Gonzalez and the Anaheim High School dance students to welcome administrators and teachers back to work following the summer with a message to reflect upon. He showed the video entitled, “Everyday People.” He expressed gratitude to the students for lifting everyone up with their talents as well as to the school districts and schools for their efforts.
CITY MANAGER’S UPDATE: None
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5:00 P.M. - CITY COUNCIL 7:47 P.M.
Items pulled for discussion: Council Member Moreno: Item No. 06
MOTION: _SF/JM__ Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 6-0. Motion carried.
CONSENT CALENDAR:
1. Accept the bid from 911 Vehicle, Inc., in the amount of $126,740 plus applicable tax, to perform upfitting services for eight (8) new ambulances being received in 2022 by Anaheim Fire & Rescue, in accordance with Bid #9602.
2. Accept the bid from FarrWest Environmental Supply, Inc., in the amount of $146,895 plus applicable tax, for the purchase of 100 Hazardous Materials Personal Protective Suits for use by Orange County Hazardous Material teams, in accordance with Bid #9592.
3. Accept the bid from TNVC dba Tactical Night Vision Company, in the amount of $1,755,776 plus applicable tax, for the purchase of 172 Binocular Night Vision Devices and the associated helmet mounts for use by several Orange County Joint Hazardous Assessment teams and Special Weapons and Tactics teams, in accordance with Bid #9597.
4. Approve the First Amendment to Agreement with American Guard Services, Inc., to increase the spending limit for the 2022-23 year by $54,240 increasing the original amount of $1,018,992 to $1,073,232 for school crossing guard services.
5. Approve a General Services Agreement – Water Engineering (Agreement) for prequalified
professional engineering and consulting services, with a not to exceed award amount of $400,000 and up to a 15% contingency for extra work per work order package, with a limit per consultant of $1,000,000 in total awards during each fiscal year of the Agreement term, inclusive of extra work, for a three year term, with up to two one-year extensions as needed to complete ongoing projects; authorize the Public Utilities General Manager, or designee, to execute the Agreement separately with 23 consultants and such other professional engineering consultants as may be prequalified during the three year term of the Agreement and to take the necessary or advisable actions to implement and administer the Agreement; and authorize de minimis changes that do not substantially change the terms and conditions of the Agreement, as determined by the City Attorney (AECOM Technical Services, Inc.; AESCO, Inc.; Anser Advisory Management, LLC; Ardurra Group Inc.; Cannon Corporation; DRP Engineering, Inc.; Geo-Advantec, Inc.; Harris &
Associates, Inc.; JIG Consultants; KOA Corporation; Lee + Ro, Inc.; Michael K. Nunley & Associates, Inc.; NV5, Inc.; Pacific Advanced Civil Engineering, Inc.; PARIKH Consultants, Incorporated; Psomas; SA Associates; Stantec Consulting Services Inc.; Tesco Controls, LLC;
Tetra Tech, Inc.; Ulteig Engineers, Inc.; Wood Rodgers, Inc.; Yao Engineering, Inc.).
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6. Waive Council Policy 4.1 and approve an Agreement with Townsend Public Affairs, in the amount of $5,000 per month, for supplemental state advocacy services for a six month term; and authorize the City Manager, or designee, to administer the Agreement. Item No. 06 Discussion. MOTION: JD/AV ROLL CALL VOTE: 5-1 (AYES: Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Valencia, and Faessel; NOES: Council Member Moreno). Motion carried.
7. Approve a First Amendment to Agreement with Gary D. Nelson Associates dba Nelson, increasing the annual not to exceed amount from $400,000 to $800,000, for temporary employment services on an as needed basis for a term through December 31, 2023; and authorize the Human Resources Director to execute the amendment and to take the necessary actions to implement and administer the amended agreement.
8. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Addendum No. 12 to the Revised Platinum Triangle Expansion Project Final Subsequent Environmental Impact Report No. 339 and the Mitigation and Monitoring and
Reporting Plan No. 353 for the Orangewood Avenue Improvements Project and determining its adequacy to serve as the required environmental documentation for the proposed project. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM dedicating certain city-owned property for City of Anaheim Fire Station 12 (generally located adjacent to 1900 South State College Blvd.).
Determine the proposal submitted by Soltek–ECC A Joint Venture, in response to the request for proposal dated October 13, 2021, is the most advantageous to the City for completion of the Fire Station 12 (Platinum Triangle) Project; award a Design-Build Agreement, in the amount of $13,733,658, to Soltek–ECC A Joint Venture to provide design-build services for the project and waive any irregularities in any of the proposal documents; 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; and authorize the Finance Director
to execute the Escrow Agreement pertaining to contract retentions.
Item No. 08 withdrawn by staff; no action taken.
9. ORDINANCE NO. 6532 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending Section 1.12.060 (Claims for Money or Damages) of the Anaheim Municipal Code to incorporate claims presentation requirements previously set forth in the Anaheim City Charter.
Determine that this ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes to 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).
10. Approve minutes of the City Council special meeting of April 26, 2022.
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END OF CONSENT CALENDAR: 7:50 P.M.
11. Amend the Planning and Building Department’s General Fund budget for Fiscal Year 2022/23, in the amount of $375,000, to provide for the hiring of two Full-Time Code Enforcement Officers, one Part-Time Code Enforcement Officer, and the purchase of two associated vehicles, to support pro-active code enforcement efforts on commercial corridors. Item No. 11 Discussion. MOTION: TO/JD ROLL CALL VOTE: 6-0. Motion carried.
12. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA ordering the submission, at the General Municipal Election to be
held on Tuesday, November 8, 2022 as called by City Resolution No. 2022-057, to the qualified voters of the City of Anaheim of a General Tax Measure set forth in a proposed ordinance adding Chapter 2.15 (Admissions Tax) to Title 2 (Taxes) of the Anaheim Municipal Code to establish a two percent admissions tax on attendees of entertainment and sporting events at privately operated or managed facilities with a capacity of over 15,000 people; requesting the Board of Supervisors of the County of Orange to include the General Tax Measure in the Consolidated
Statewide General Election to be held on Tuesday, November 8, 2022; setting priorities and deadlines for the filing of arguments and rebuttal arguments; and directing the City Attorney to prepare an impartial analysis [includes determination that the Measure is not a project within the meaning of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Section 15378(b)]. Item No. 12 Discussion. At 8:47 P.M., Mayor Pro Tem O’Neil recessed the City Council and reconvened at 8:54 P.M. MOTION: JM to continue to August 9, 2022 to incorporate amendments to exempt charitable and non-profit organization events held at affected facilities and Anaheim residents and allow for additional public and Council review of the amendments. Motion failed for lack of a second. MOTION: JM to approve, as amended, to exempt charitable and non-profit organization events held at affected facilities and Anaheim residents. Motion failed for lack of a second.
REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non-agenda items): None
(opened only if any remaining non-agenda speakers were not called to speak during the first Public Comment period)
COUNCIL COMMUNICATIONS:
Council Member Moreno provided his thoughts on the votes tonight and last week and struggled to see how the City would find options for resources to support staff, services, and the fiscal health of the City. He felt that the Resort area appeared untouchable regarding campaign finance reform and proposed taxes but believed ideas should be brought forward, debated, and discussed through the democratic process. He hoped the people of Anaheim were paying attention and would exercise their right to vote. He expressed his gratitude to staff for their work regarding street vendors and finding a balance.
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Council Member Ma’ae expressed frustration and disappointment with the noise and conversations throughout the meeting and hoped there could be more respectful dialogue in the future.
Council Member Valencia encouraged all to enjoy the remainder of the summer.
COUNCIL AGENDA SETTING:
Mayor Pro Tem O’Neil requested an agenda item at the August 9, 2022 City Council meeting to consider placing a Charter Amendment on the November 8, 2022 ballot to strengthen private property rights in Anaheim, while promoting the goal of accommodating the housing needs of all residents, to allow property owners to establish over the price for which their property is sold, leased, rented, transferred, or exchanged.
ADJOURNMENT: 9:29 P.M.
Next regular City Council meeting is scheduled for August 9, 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 cityclerk@anaheim.net.
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 cityclerk@anaheim.net, 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.
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POSTING STATEMENT: On July 14, 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.