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07-18-23_Action with CommentsANAHEIM CITY COUNCIL ACTION AGENDA JULY 18, 2023 TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the regular meeting will include teleconference participation by Mayor Ashleigh E. Aitken from: Loews Regency New York, hotel lobby, 540 Park Avenue, New York, NY 10065. This Notice and Agenda will be posted at the teleconference location. Public comment on the agenda from this address shall be allowed pursuant to Government Code Section 54954.3.  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. 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 2 July 18, 2023 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA JULY 18, 2023 4:00 P.M. TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the regular meeting will include teleconference participation by Mayor Ashleigh E. Aitken from Loews Regency New York, hotel lobby, 540 Park Avenue, New York, NY 10065 This Notice and Agenda will be posted at the teleconference location. Public comment on the agenda from this address shall be allowed pursuant to Government Code Section 54954.3. Call to order the Anaheim City Council. 4:01 P.M. MEMBERS PRESENT: Mayor Aitken (via teleconference), Mayor Pro Tem Rubalcava and Council Members Diaz, Leon, Faessel, Kurtz, and Meeks. 4:00 P.M. - CLOSED SESSION 4:01 P.M. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: No in-person speakers and no public comments from the teleconference location. No electronic public comments were received related to the Closed Session agenda. Recess to closed session. 4:01 P.M. 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Barbara Standley, Adalgisa Jones, and Veronica Chavez, as Proponents of the Initiative v. Theresa Bass; in her official capacity as the City Clerk of Anaheim; and Bob Page, in his official capacity as the Registrar of Voters for the County of Orange, Orange County Superior Court Case No. 30-2023-01335599-CU-WM-CJC 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of the 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.) 4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Lopez et al. v. City of Anaheim, et al., USDC Case No. 8:22-cv-01351-JVS (ADSx) 3 July 18, 2023 5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Gaetz et al. v. City of Anaheim, et al., USDC Case No. 5:23-cv-01368 6. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Gretchen R. Beatty, Deputy Human Resources Director Name of Employee Organization: International Brotherhood of Electrical Workers (IBEW), Local 47; and IBEW, Local 47 Part-Time Customer Service Employees; International Brotherhood of Electrical Workers, Local 47 (Professional Management and Part-Time Management Units) Reconvene the Anaheim City Council. 5:15 P.M. 5:00 P.M. 5:15 P.M. INVOCATION: Pastor Michael Ceballos, Team Jesus FLAG SALUTE: Council Member Carlos A. Leon PRESENTATIONS: Recognize recipients of the Anaheim Public Utilities Scholarship Program Presented by Public Utilities General Services Officer Melinda Avelino-Walker and Housing and Community Development Workforce Development Manager, Marco Lucero Presentation by CalOptima Health and Orange County Social Services Agency Regarding Medi-Cal Enrollment and Re-Enrollment for Anaheim Residents Presented by Cal Optima Health Chief Executive Officer, Michael Hunn and County of Orange Social Services Agency Director, An Tran Senior Citizen Commission Presentation Presented by Janet Brown, Senior Citizen Commission Chair ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing August 2023, as American Muslim Appreciation and Awareness Month Accepted by Hadir Azab, Council on American-Islamic Relations (CAIR) LA Policy & Advocacy Coordinator Recognizing August 2023, as Chicano Heritage Month Accepted by Tony Flores, League of United Latin American Citizens (LULAC) Council 3300 President ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass noted that the District 2 Sister City Commission appointment has been continued to a later date. PUBLIC COMMENTS (all agenda items): 21 speakers (in person). City Clerk Theresa Bass reported 11 public comments were received electronically prior to 5:00 P.M. No public comments from the teleconference location. (Total of 11 public comments received via email). Public Comments Submitted – July 18, 2023 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) 4 July 18, 2023 COUNCIL COMMUNICATIONS: Council Member Faessel requested the meeting close in memory of his longtime friend and Anaheim resident Richard (Dick) Wolsfelt. He shared that he received a preview of the floats for the Anaheim Halloween Parade and participated in the Anaheim Fire and Rescue Fire Opts 101 program to learn more about firefighting and the challenges that firefighters face. Council Member Kurtz displayed a photograph of the building at the corner of Anaheim Boulevard and Ball Road and shared that the building is currently being demolished and there will be 8.8 acres of land for some type of development. She thanked the Economic Development Department for allowing the Fire and Rescue Department to use the building for training and noted that next month the City Council will be receiving information regarding an request for proposal for the site. Council Member Diaz highlighted and displayed photographs of Premium Barbers Barbershop and shared that the young first generation barbers at the barbershop work hard, and have fair prices. He encouraged everyone to support small businesses. Council Member Leon extended an invitation to everyone for the Back to School Bash at James Madison Elementary School on Saturday, August 12, 2023 from 10 a.m. to 2 p.m. There will be fun games, activities, resources, health services, and a backpack and school supplies giveaway. The event is open to elementary, junior high and high school students and their families. He attended a non-profit forum hosted by Assembly Woman Sharon Quirk-Silva in District 2 at Gilbert High School where a number of different non-profit organizations that do good in the community were in attendance. Attendees were able to learn about resources, grants, and information available. Council Member Leon thanked Anaheim Fire and Rescue for organizing the Fire Opts 101 training. He shared that he was able to put himself in the shoes of the first responders and now has a better appreciation for first responders. Council Member Leon highlighted and displayed photographs of La Herradura Western Wear the July business of the month and noted that this is an immigrant small family owned business off Euclid. He shared that the owners Sylvia and Emilio Jaime’s are from Zacatecas and Michoacán. There is an obvious sense of pride when entering the shop and there is high quality clothing and accessories. He encouraged everyone to stop by the shop and check it out. Council Member Leon also highlighted and displayed photographs of Mamma Cozza’s the July restaurant of the month. Frank Cozza Senior, who was also an Anaheim Police Department officer, opened the restaurant in 1965 and his legacy continues with the next generation of the Cozza family. The restaurant serves good pizza and food and offers a warm and family friendly hospitality. He thanked the entire Cozza family for their hard work, dedication, and vision that has made the restaurant an integral part of the community for 58 years. CITY MANAGER’S UPDATE: None 5:00 P.M. - CITY COUNCIL 7:13 P.M. Items pulled for discussion: Council Member Meeks: Item No. 2 Council Member Diaz: Item No. 3 MOTION: SF/CL Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 1. Receive and file minutes of the Library Board meeting of June 12, 2023 and the Public Utilities Board meeting of May 24, 2023. 5 July 18, 2023 2. Approve the appointment made by the City Manager of Rick Armendariz to the position of Chief of Police, effective August 18, 2023, approve the associated employment agreement, and authorize the City Manager to execute the agreement. Item No. 2 Discussion. MOTION: JD/NM Pursuant to Government Code §54953 and prior to final action by Council on Item No. 02, City Clerk Theresa Bass announced the appointment of the Chief of Police at a salary of $310,648 and all benefits as provided in the employment agreement as posted with the agenda packet. ROLL CALL VOTE: 7-0. Motion carried. 3. Waive the attorney-client privilege that currently attaches to the investigation report prepared by JL Group, LLC (“JL Group”) so that a redacted report can be prepared for public release; and waive the attorney-client privilege for the specific and limited purpose of allowing the California Attorney General and the Federal Bureau of Investigation access to a confidential unredacted copy of the JL Group report. Item No. 3 Discussion. MOTION: NM/CL ROLL CALL VOTE: 7-0. Motion carried. 4. Authorize the Police Department to implement a hiring incentive program to attract qualified police officer candidates through June 30, 2024, in the estimated amount of $750,000. 5. Approve the tenant relocation services cost of $1,725,000 and facility improvement design cost of $300,000 for a total cost of $2,025,000 for a certain property for use by the Anaheim Police Department and the Public Works Department to secure police evidence, city vehicle storage, and equipment; and authorize the City Manager, or designee, to establish an escrow account for relocation services and to manage the facility improvement design contracts. 6. Authorize the Purchasing Agent to take necessary actions to process the payment to R.J. Noble Company, in the amount of $272,280.56, for providing asphalt concrete materials and dumping services for expenses incurred above existing contract limits due to unanticipated volume of maintenance projects. 7. Accept the bid from American Equipment, in the amount of $56,250 plus a 20% contingency, to perform repairs for cranes and hoists on an as-needed basis for a one year period with four optional one-year renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9670. 8. Accept the bid of Pricon, Inc., in the amount of $401,365.60 plus applicable tax, for the purchase of Aruba wireless & ClearPass equipment for use by the Information Services Division to upgrade the current legacy wireless network system in accordance with Bid #9700. 9. Accept the bid from Bound Tree Medical, LLC, in the amount of $105,571.56 plus applicable tax and a 25% contingency, for the purchase of pharmaceutical supplies 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 #9690. 10. Waive the competitive proposal requirements of Council Policy 4.1 and approve the Second Amendment to Agreement, in substantial form, with Backdraft OPCO, LLC dba Emergency Reporting, in an amount not to exceed $67,512.60, extending the contract term by one year for a Fire Records Management System; authorize de minimis changes to the Amendment that do not 6 July 18, 2023 substantially change the terms and conditions as determined by the City Attorney’s Office; and authorize the Fire Chief, or designee, to execute and administer the amendment. 11. Waive the competitive proposal requirements of Council Policy 4.1 and approve an agreement with Jonathan Price Design, in an amount not to exceed $40,000 annually, for graphic design services for a one year term with two one-year optional renewals; and authorize the City Manager, or designee, to execute any related documents and to administer the agreement. 12. Approve a Professional Services Agreement (Agreement) with American Global Security, Inc., in an amount not to exceed $375,000 per year, to provide unarmed security services at one or more Anaheim Public Utilities facilities for a three year term with up to two one-year extensions; and authorize the Public Utilities General Manager, or designees, to execute and deliver the Agreement and related documents and to take the necessary actions to implement, fund, and administer the Agreement. 13. Approve an agreement with Valiant Global Defense Services, Inc., in an amount not to exceed $2,553,812, for intelligence analyst services for a one year period with up to four one-year optional renewals, with a total contract not to exceed amount of $13,532,005, with costs reimbursed by the Urban Areas Security Initiative (UASI) grant funding; and authorize the Chief of Police to execute any amendments or renewal options under the terms and conditions of the agreement. 14. RESOLUTION NO. 2023-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2023/24 Cannabis Tax Fund Grant Program, authorizing the Chief of Police, or his designee, to execute all required grant documents, and increasing the budget for the Fiscal Year 2023/24 accordingly (grant funds in the amount of $131,800). 15. RESOLUTION NO. 2023-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to order discontinuance of Water Reduction Plan II and to order implementation of Water Reduction Plan I pursuant to Chapter 10.18 of the Anaheim Municipal Code (lowering of Water Reduction Plan to Level I in response to increased water supplies). BUSINESS CALENDAR: 7:35 P.M. 16. RESOLUTION NO. 2023-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM opposing Measure A (Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative Ordinance) submitted to the voters of Anaheim at a Special Municipal Election to be held on Tuesday, October 3, 2023. Item No. 16 Discussion. MOTION: JD/NM. ROLL CALL VOTE: 5-0-2 (AYES: Mayor Pro Tem Rubalcava and Council Members Diaz, Faessel, Kurtz, and Meeks; ABSTAIN: Mayor Aitken and Council Member Leon). Motion carried. 17. District 2 appointments to the Senior Citizen Commission and Sister City Commission to terms ending December 31, 2026. 7 July 18, 2023 Senior Citizen Commission District 2 appointment Sue Baltazar (term ending December 31, 2026) Item No. 17 NOMINATION: Council Member Leon nominated Sue Baltazar. ROLL CALL VOTE: 7-0. Nomination approved. Sister City Commission District 2 appointment (term ending December 31, 2026) District 2 appointment continued to a later date. At 7:47 P.M., Mayor Pro Tem Rubalcava recessed City Council to Closed Session and reconvened the Anaheim City Council meeting at 9:37 P.M. REPORT ON CLOSED SESSION ACTIONS: City Attorney Robert Fabela announced that the City Council authorized the initiation of receivership litigation for Closed Session Item No. 1. 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 AGENDA SETTING: Council Member Leon requested a retirement recognition for California Highway Patrol Officer Tyrone Bennett and a recognition for Linbrook Bowl for their 65-year anniversary. Mayor Pro Tem Rubalcava requested a review and discussion of the Youth Commission. ADJOURNMENT: 9:42 P.M. in memory of Richard (Dick) Wolsfelt Next regular City Council meeting is scheduled for August 15, 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 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 8 July 18, 2023 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. POSTING STATEMENT: On July 14, 2023 (revised), 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.