08-09-22_Action with CommentsANAHEIM CITY COUNCIL
ACTION AGENDA
AUGUST 9, 2022
CITY COUNCIL
SUCCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY
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
AUGUST 9, 2022
3:00 P.M.
Call to order the Anaheim City Council. 3:01 P.M.
MEMBERS PRESENT: Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, and Faessel. Council Members Moreno 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. 3:01 P.M.
3:00 P.M. - CLOSED SESSION 3:01 P.M.
1. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organization: Anaheim Fire Association
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (d)(2) of the California Government Code Section 54956.9): One potential case Reconvene the Anaheim City Council. 5:02 P.M.
5:00 P.M. 5:02 P.M.
MEMBERS PRESENT: Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Moreno, Valencia, and Faessel. [Mayoral vacancy]
INVOCATION: Dale Moreland, Ball Road Church of Christ
FLAG SALUTE: Council Member Stephen Faessel
Call to order the Successor Agency to the Anaheim Redevelopment Agency (in joint session with the City Council). 5:06 P.M.
ADDITIONS/DELETIONS TO THE AGENDAS: City Clerk Theresa Bass announced, regarding Item No. 04, a revised response letter to the Orange County Grand Jury had been distributed to Council and posted to the website, correcting a typographical error on page 8. She also announced that a revised Tentative Tract Map resolution was distributed and
posted for Council’s consideration during Public Hearing Item No. 29, to include Conditions of Approval Nos. 11 – 13.
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PUBLIC COMMENTS (all agenda items, except public hearings): (limited to 90 minutes, or until all agenda item speakers have been heard; any time remaining shall be provided to non-agenda item speakers) 34 speakers. City Clerk Theresa Bass reported 4 public comments were received electronically prior to 1:00 P.M. (Total of 5 public comments received via email). Public Comments Submitted – August 9, 2022 City Council Meeting
COUNCIL COMMUNICATIONS: Council Member Valencia announced his participation at a recent Local 911 Heroes ceremony, recognizing kids and dispatchers that participated in calls that resulted in saving a life. He also reported his attendance at National Night Out at Ponderosa Park, noted the spectacular turnout, and thanked the Anaheim Police Department. He also thanked City staff for organizing a staff/community basketball game at the Ponderosa Community center, he considered that both teams won, and he looked forward to future similar events.
Council Member Faessel requested the meeting adjourn in memory of Pastor Bryan Crow who served as pastor of three (3) churches in Anaheim over 50 years as well as Chaplain for the Anaheim Police Department. He also requested the meeting adjourn in memory of John Fenn, long-time District 3 resident and head usher of the Anaheim Stadium who rolled out the “Anaheim Way.” Council Member Ma’ae displayed photos of her attendance and participation at the Creative Identity
Luau, Maxwell Park Concert in the Park, and National Night Out. Council Member Diaz announced the next Maxwell Park Concert would be held on Thursday, August 11,
2022 at 6:30 P.M. He highlighted local restaurant, Spicy Taco, located at the southeast corner of Lincoln Avenue and Knott Street. Council Member Moreno thanked staff for responding to requests and for their work addressing residents’ concerns. He recognized the graduating class of the Emprenedor@s program, an 8-week program to support Spanish-dominant small business efforts, and encouraged the program be expanded to other communities. He congratulated the Anaheim Elementary School District for being voted as the Best School District in North Orange County 2022, further noting they are the only district in the country
that provides music education to all students at all grade levels, further thanking NAMM for their support and resources. He noted this is the first week of school and congratulated the Anaheim Union High School District for receiving $23,000,000 in State funds to transform 13 schools into Community Schools. Mayor Pro Tem O’Neil reported he had recently spent some time on Beach Blvd. between Lincoln Avenue and Ball Road, acknowledged long-term efforts and improvements being made, and expressed
concerns with the need for more continual enforcement to address criminal elements including drugs and prostitution, in the short term. He shared statistics of criminal incidents on Beach Blvd., as follows: 2017 – 278, 2018 – 622, 2019 – 580, 2020 – 534, 2021 – 1,122, and 2022 is on pace to exceed 2021.
CITY MANAGER’S UPDATE: City Manager Jim Vanderpool shared that Anaheim Public Utilities (APU) has a variety of ways for residents and businesses to save on their utility bills. He noted that APU offers energy rebates on efficient appliances, lighting, and smart thermostats. For water savings, especially during the ongoing drought, they offer rebates for turf replacement, clothes washers, as well as leak repair assistance for income-qualified customers. He encouraged residents to visit www.Anaheim.net or call 311 to start saving energy and water.
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Recess the Anaheim City Council. 7:09 P.M.
5:00 P.M. – SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 7:09 P.M.
MOTION: JD/SF ROLL CALL VOTE: 6-0. Motion carried.
CONSENT CALENDAR:
1. Approve the Sixth Amendment to Professional Services Agreement by and between the City of Anaheim, as Successor Agency to the Anaheim Redevelopment Agency, and Tetra Tech BAS,
Inc. increasing the maximum compensation by $13,171,276 from $7,641,000 to $20,812,276; authorize the Executive Director of the Successor Agency to the Anaheim Redevelopment Agency, or designee, to execute and administer the amendment; and increase the Economic
Development Department’s Fiscal Year 2022-2023 budget by $13,171,276.
2. Approve minutes of the Successor Agency to the Anaheim Redevelopment Agency meeting of January 11, 2022.
Adjourn the Successor Agency to the Anaheim Redevelopment Agency. 7:11 P.M.
Reconvene the Anaheim City Council. 7:11 P.M.
5:00 P.M. - CITY COUNCIL 7:11 P.M.
Items pulled for discussion: Council Member Moreno: Item Nos. 04, 05, and 17 Council Member Diaz: Item No. 15
MOTION: _GM/JD___ Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 6-0. Motion carried.
CONSENT CALENDAR:
3. Receive and file minutes of the Library Board meeting of June 13, 2022 and the Public Utilities Board meeting of June 22, 2022.
4. Approve response to the 2021-2022 Orange County Grand Jury Report, “The Big A Lack of Transparency,” and direct the City Manager to execute a letter and forward the response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury. Item No. 04 Discussion. MOTION: JM/AV to continue to August 23, 2022. ROLL CALL VOTE: 6-0. Motion carried; item continued to August 23, 2022.
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5. Ratify and authorize direct receipt of settlement funds, in the anticipated amount of $12,000,000 over 18 years, with the first year partial amount anticipated at $300,000, to be used for approved opioid abatement purposes. Item No. 05 Discussion. MOTION: JM/JD ROLL CALL VOTE: 6-0. Motion carried.
6. Accept the bid from H&H Auto Parts Wholesale, in the amount of $201,119.68 plus applicable tax, for the purchase of Chrysler auto parts 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 #9591.
7. Authorize the Purchasing Agent to issue purchase orders, in an amount not to exceed $7,645,043 plus applicable taxes, for 96 City vehicles for the 2022/23 fiscal year.
8. Accept the bid from Northstar Chemical, Inc., in the amount of $105,840 plus applicable taxes and a 20% contingency, for the purchase of liquid alum for use by Anaheim Public Utilities 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 #9585.
9. Accept the bid from ILJIN Electric USA, Inc., in the amount of $4,010,434 plus applicable tax, for the purchase of three (3) substation transformers for the Anaheim Public Utilities Department and authorize the Purchasing Agent, or designee, to execute the Agreement for the Purchase and Sale of Transformers and all related documents, and to take the necessary actions to implement and administer the agreement in accordance with Bid #9586.
10. Determine the proposal submitted by Otis Elevator Company, in response to the request for
proposal dated February 3, 2022, is the most advantageous to the City for completion of the 200 South Anaheim Boulevard Elevator Modernization Project (Project); award a Design-Build Agreement to Otis Elevator Company, in the amount of $1,942,096 with an additional contingency
amount of $57,904 for a total of $2,000,000, to provide design-build services for the Project and waive any irregularities in any of the proposal documents; authorize the Director of Public Works, or designee, to execute the Agreement and related documents and to take the necessary, required, or advisable actions to implement and administer the Agreement, including any extensions; authorize de minimis changes that do not substantially change the terms and conditions of the Agreement, as determined by the City Attorney; determine that the Project to be performed under the Agreement shall be categorically exempt under the California Environmental Quality Act Sections 15301 and/or 15302 of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
11. Approve Amendment No. 2 to Cooperative Agreement No. C-4-1714 with Orange County Transportation Authority (OCTA) for the Anaheim Canyon Metrolink Station Improvement Project increasing the reimbursable funds to the City by $70,000 for a total of $343,000, compensating OCTA $39,800 for the construction of a protective slab over a City water line, and extending the
termination date to December 31, 2023; and increase the Department of Public Works revenue and expenditure budget for Fiscal Year 2022/23 in the amount of $70,000.
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12. Approve a Master Agreement for water construction, maintenance, repair, and immediate response projects (Agreement), and approve a not-to-exceed award amount of $500,000 per work order package, with a limit per contractor of $3,000,000 in total awards during each fiscal
year of the Agreement term, plus change order authorization in an amount not to exceed $50,000 per occurrence, with total change orders per work order not to exceed $100,000 for a five-year term with an optional 12-month extension to complete outstanding work order packages or requests; authorize the Public Utilities General Manager, or designee, to execute the Agreement separately with 12 contractors and such other contractors as may be pre-qualified by the City in the future during the term of the Agreement and to take all necessary or advisable actions to implement and administer the Agreements; authorize de minimis changes that do not substantially change the terms and conditions of the Agreement, as determined by the City Attorney; and determine that the projects to be performed under the Agreements shall be categorically exempt under the California Environmental Quality Act, Sections 15301, 15302, 15303, and/or 15304 of Title 14 of the California Code of Regulations (Arnaz Engineering Contractors, Inc.; Big Ben, Inc.; Ferreira Coastal Construction Co., Inc.; General Pump Company, Inc.; J. De Sigio Construction, Inc.; J.A. Salazar Construction and Supply Corporation, Inc.; J.R. Filanc Construction Company, Inc.; Mike Bubalo Construction, Co., Inc.; Paulus Engineering, Inc.;
Stephen Doreck Equipment Rentals, Inc.; T.E. Roberts, Inc.; W.A. Rasic Construction Company, Inc.).
13. Approve an Environmental Services Agreement (Agreement) for as-needed environmental
services, with a not-to-exceed contract amount of $500,000 per consultant with authorization for up to 15% in extra work, for a five-year term with up to two one-year extensions as needed to complete ongoing projects; authorize the Public Utilities General Manager to execute the
Agreement separately with six (6) prequalified consultants and such other environmental services consultants as may be prequalified during the term of the Agreement and to take all necessary actions to implement and administer the Agreements; and authorize de minimis changes that do not substantially change the terms and conditions of the Agreement, as determined by the City Attorney (Atlas Technical Consultants LLC, EFI Global, Inc., Leighton Consulting, Inc., PSOMAS, Stantec Consulting Services, Inc., Vandermost Consulting Services, Inc.).
14. Approve a Collection Services Agreement (Agreement) with Ray Klein, Inc., dba Professional Credit Services, in an amount not to exceed $241,675 for the initial term and $48,335 per year for each of the one-year extensions, for collection services related to uncollectible utility closing bills for a five-year initial term and up to four one-year extensions; and authorize the Public Utilities General Manager, or designee, to execute the Agreement and related documents, and to take the
necessary or advisable actions to implement and administer the Agreement.
15. Approve the First Amendment to Agreement with e-PlanSoft for Electronic Plan Review to extend the use of software licenses for a period of up to five years and increasing the total not to exceed
amount to $1,144,845. Item No. 15 Discussion. MOTION: JD/GM ROLL CALL VOTE: 6-0. Motion carried.
16. Waive Council Policy 4.1 and approve the Master Service Agreement with Lexipol, LLC, in an
amount not to exceed $146,890.35, for the maintenance and management of the Police Department’s Policy Manual and Detention Facility Manual for a one year term beginning July 1, 2022, with two one-year renewal options; and authorize the Chief of Police to execute any
amendments or optional renewals under the terms and conditions of the agreement.
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17. RESOLUTION NO. 2022-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the execution of an amendment to a Memorandum of Understanding with the County of Orange extending the contract term for one year and the acceptance of funding on
behalf of the City of Anaheim for the Juvenile Justice Crime Prevention Act (JJCPA), and authorizing the Chief of Police or his designee to execute all required documents. (North School Mobile Assessment and Resource team (NSMART) pilot program; funding in the amount of $236,174). Item No. 17 Discussion. MOTION: JM/JD ROLL CALL VOTE: 6-0. Motion carried.
18. RESOLUTION NO. 2022-073 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 Monitoring and Reporting Plan No. 353 for the Fire Station 12 Project and determining its adequacy to serve as the required environmental documentation for the proposed project.
RESOLUTION NO. 2022-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM dedicating certain city-owned property for City of Anaheim Fire Station 12 (APN 232-011-50, adjacent to 1900 South State College Boulevard between Gene Autry Way and Katella Avenue).
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 Design-Build Fire Station 12 (Platinum Triangle) Project; award a Design-Build Agreement to
Soltek–ECC A Joint Venture, in the amount of $13,733,658 and a 15% contingency for a total amount not to exceed $15,793,707, 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.
19. RESOLUTION NO. 2022-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM dedicating certain City-owned property for public street and utility purposes (certain property located adjacent to Brookhurst Street, Assessor Parcel Numbers 071-247-21 and 071-246-22).
RESOLUTION NO. 2022-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring a portion of City-owned property "Exempt Surplus Property" pursuant to California Government Code Section 54221 (f)(1)(B) [2202 W. Falmouth Avenue; includes determination that this action results in no binding commitment by the City to authorize or advance the disposition of any “exempt surplus property”; will not result in a direct or indirect physical change to the environment; and does not constitute an “approval” of a “project” pursuant to California Environmental Quality Act Guidelines Sections 15004 and 15352].
Approve the Purchase and Sale Agreement with Delgadillo et al., in the amount of $4,882.41, and Grant Deed pertaining to the City’s remnant parcel (2202 W. Falmouth Avenue) from the Brookhurst Street Widening from the SR-91 Freeway to La Palma Avenue; authorize the Director
of Public Works, or designee, to execute all documents and to take the necessary or advisable actions to implement and administer the Purchase and Sale Agreement and as may be required to close escrow; and authorize the City Clerk to cause said Resolution Dedicating Certain City-
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Owned Property, the Grant Deed, the Wall Covenant, and the Covenant to Hold Properties as a Single Parcel to be recorded with the Office of the Orange County Clerk Recorder.
20. RESOLUTION NO. 2022-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM vacating one public utility easement and a portion of a second public utility easement, both located at 2941 West Lincoln Avenue, pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (ABA2022-00415).
21. RESOLUTION NO. 2022-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts).
RESOLUTION NO. 2022-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle).
22. RESOLUTION NO. 2022-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Workforce Innovation and Opportunity Act Subgrant Agreement
between the City of Anaheim and the State of California for the term of April 1, 2022 through June 30, 2024 (in the amount of $846,357 for youth services; includes determination that approval of the Agreement is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(3), 15061(b)(3), and 15378(b)(4)).
23. ORDINANCE NO. 6532 (ADOPTION) 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 (introduced at the City Council meeting of July 19, 2022, Item No. 09).
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).
24. Approve minutes of the City Council meeting of May 17, 2022.
END OF CONSENT CALENDAR: 8:13 P.M.
25. Discuss and review the bid proposals submitted to the Request for Qualifications for an independent investigation/audit regarding former Mayor Harry Sidhu’s and the City Council’s campaign contributions and potentially related contracts and agreements along with an evaluation of staff’s involvement, if any, and whether any serial communications/meetings in violation of the Brown Act occurred in the context of the facts alleged in the federal investigation, including
possible selection of a vendor to conduct the independent investigation/audit and selection of a neutral to administer and oversee the investigation. Item No. 25 Discussion. MOTION: TO/GM to select JL Group, LLC to conduct the independent investigation/audit. ROLL CALL VOTE: 5-0-1 (AYES: Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Valencia, and Faessel; ABSTAIN: Council Member Moreno). Motion carried.
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MOTION: JD/GM to select Hon. Clay Smith as the neutral to administer and oversee the investigation. 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.
At 10:16 P.M., Mayor Pro Tem O’Neil took the agenda out of order to consider Public Hearing Item Nos. 29, 30, and 31 prior to the remainder of the End of Consent Calendar.
5:30 P.M. PUBLIC HEARINGS: 10:16 P.M.
29. CEQA CATEGORICAL EXEMPTION, CLASS 32 DEVELOPMENT PERMIT NO. 2021-00188 CONDITIONAL USE PERMIT NO. 2021-06121 TENTATIVE TRACT MAP NO. 19177 OWNER: Judy Maria Boisseranc Gentry, 33582 Astoria Street, Dana Point, CA 92629 APPLICANT: Chris Segesman, Bonanni Development, 5500 Bolsa Avenue, Ste. 120, Huntington
Beach, CA 92649 PROJECT LOCATION: The approximately 0.93-acre property is located at 1442 North Dale Avenue, approximately 225 feet east of the northern terminus of Dale Avenue. REQUEST: The applicant requests approval for an 18-unit, two-story, single-family attached residential development with 10-percent of the units affordable to moderate income buyers, with an affordable housing development incentive, and a density bonus. The request includes the
following land use entitlements: (i) a Conditional Use Permit for a single-family attached residential development with modified development standards; and (ii) a Tentative Tract Map to establish a 1-lot, 18-unit condominium subdivision. ENVIRONMENTAL DETERMINATION: The City Council will consider whether a Class 32 (Infill Development) categorical exemption is the appropriate environmental documentation for this request under the California Environmental Quality Act, pursuant to State CEQA Guidelines
Section 15332. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Development Permit No. 2021-00188, Conditional Use Permit No. 2021-06121 (PC2022-068) and Tentative Tract Map No. 19177 (PC2022-069) with added conditions of approval to: (i) require that the Tentative Tract Map depict location of the easements for ingress/egress, vehicular access, sewer, public utilities, and incidental purposes described in the easement legal rights as depicted on the encumbrance map, and include provisions ensuring the perpetual maintenance of those easements; (ii) require compliance with South Coast AQMD rules to minimize construction emissions of dust particulates; and (iii) require owner/developer to repave portions of private roadway within the Parkdale HOA community that are used during construction activity. VOTE: 6-1 (Chairperson Meeks and Commissioners Vadodaria, Kring,
Perez, Heywood, and Mouawad voted yes; Commissioner White voted no) (Planning Commission meeting of July 6, 2022) Appealed by: Parkdale Town Home Owners Association, represented by Meridith Gill.
RESOLUTION NO. 2022-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2021-06121 (DEV2021-00188) (1442 North Dale Avenue).
RESOLUTION NO. 2022-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 19177 (DEV2021-00188) (1442 North Dale Avenue). Approved, as revised.
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Item No. 29 Discussion. Mayor Pro Tem O’Neil opened the public hearing. 6 speakers. City Clerk Theresa Bass reported 6 public comments were received electronically prior to 5:00 P.M. (Total of 6 public comments received via email). Public Comments Submitted – August 9, 2022 City Council Meeting Mayor Pro Tem O’Neil closed the public hearing. MOTION: JD/AV to approve the project and deny the appeal. ROLL CALL VOTE: 6-0. Motion carried.
30. MITIGATED NEGATIVE DECLARATION DEVELOPMENT PERMIT NO. 2020-00248 GENERAL PLAN AMENDMENT NO. 2021-00536 RECLASSIFICATION NO. 2021-00336 CONDITIONAL USE PERMIT NO. 2021-06097 TENTATIVE TRACT MAP NO. 19141
DEVELOPMENT AGREEMENT OWNER: Allen Liou, Best Western Summit Inn, Inc., 12823 Moorshire Drive, Cerritos, CA 90703 APPLICANT: Kim Prijatel, City Ventures Homebuilding, LLC, 3121 Michelson Drive, Suite 150, Irvine, CA 92612 PROJECT LOCATION: The project site is approximately 1.55 acres in size and located at 1661-1673 West Broadway, approximately 275 feet east of the intersection of Broadway and Euclid
Street. REQUEST: The applicant requests approval of the following zoning/land use entitlements: 1) a General Plan Amendment to amend the land use designation from Office – Low to Mid Density
Residential; 2) a zoning reclassification from the C-G (General Commercial) zone to the RM-3.5 (Multiple-Family Residential) zone; 3) a Conditional Use Permit (CUP) to allow for the construction of a 34-unit, attached single-family residential project with modified development
standards; 4) a Tentative Tract Map to permit a 1-lot, 34 unit subdivision for condominium purposes; and 5) a Development Agreement to permit a voluntary financial contribution to support the City’s affordable housing programs. ENVIRONMENTAL DETERMINATION: The City Council will consider whether the proposed action has been adequately analyzed in a Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) for the proposed project in compliance with Section 15070 to 15075 of State of California Environmental Quality Act (CEQA) Guidelines. ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of Mitigated Negative Declaration, Development Permit No. 2020-00248, General Plan Amendment No. 2021-00536 (PC2022-070), Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map
No. 19141, and Development Agreement (PC2022-071). VOTE: 6-1 (Chairperson Meeks and Commissioners Vadodaria, Kring, White, Heywood and Mouawad voted yes; Commissioner Perez voted no) (Planning Commission meeting of July 6, 2022)
RESOLUTION NO. 2022-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to adopt a Mitigated Negative Declaration for proposed General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097,
Tentative Tract Map No. 19141 and a Development Agreement (DEV2020-00248) (1661-1673 West Broadway).
RESOLUTION NO. 2022-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending the General Plan of the City of Anaheim (General Plan Amendment No. 2021-00536) (DEV2020-00248) (1661-1673 West Broadway).
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RESOLUTION NO. 2022-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting proposed Conditional Use Permit No. 2021-06097 (DEV2020-00248) (1661-1673 West Broadway).
RESOLUTION NO. 2022-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 19141 (DEV2020-00248) (1661-1673 West Broadway).
ORDINANCE NO. 6533 (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 (Reclassification No. 2021-00336) (DEV2020-00248) [reclassifying the property at 1661-1673 West Broadway from the “C-G” General Commercial zone to the “RM-3.5” Multiple-Family Residential zone].
ORDINANCE NO. 6534 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Development Agreement by and between the City of Anaheim and Anaheim 1 INV, LLC, and authorizing the Mayor Pro Tem to execute said agreement for and on behalf of the City (DEV2020-00248). Item No. 30 Discussion. Mayor Pro Tem O’Neil opened the public hearing. 1 speaker; no
electronically submitted comments. Mayor Pro Tem O’Neil closed the public hearing. MOTION: JM/JD ROLL CALL VOTE: 6-0. Motion carried; two (2) ordinances introduced.
31. Public hearing to consider approving the Fiscal Year 2022-2023 Annual Action Plan, in substantial form, for federal Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons With AIDS (HOPWA) funds totaling $9,549,735; and designating the Director of the Housing and Community Development Department as the Certifying Official authorized to execute all
documents related to the administration, management, and implementation of the CDBG, HOME, ESG, and HOPWA programs. Item No. 31 Discussion. Mayor Pro Tem O’Neil opened the public hearing. No in-person speakers. City Clerk Theresa Bass reported 2 public comments were received electronically prior to 5:00 P.M. (Total of 2 public comments received via email). Public Comments Submitted – August 9, 2022 City Council Meeting Mayor Pro Tem O’Neil closed the public hearing. MOTION: GM/JD ROLL CALL VOTE: 6-0. Motion carried.
END OF CONSENT CALENDAR: 12:42 A.M. on August 10, 2022
25. Direct staff to commission a Request for Qualifications/Request for Proposals of Planning consulting firms to procure consulting services to study the various district options for the Brookhurst Street Corridor. Item No. 25 MOTION: GM/JD to continue to August 23, 2022. ROLL CALL VOTE: 6-0. Motion carried; item continued August 23, 2022.
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26. Nominate and appoint a voting delegate and up to two voting alternates to the League of California Cities annual conference, to be held on September 7 – 9, 2022 in Long Beach, California.
APPOINTMENT: Council Member Gloria Ma’ae
ALTERNATE:
ALTERNATE: Item No. 26 NOMINATION: Mayor Pro Tem nominated Council Member Ma’ae as the voting delegate. ROLL CALL VOTE: 6-0. Nomination approved.
27. District 2 appointment of an unscheduled vacancy to the Parks and Recreation Commission to serve a term ending December 31, 2022.
Parks and Recreation Commission:
District 2 appointment: Wesley Padilla (term ending December 31, 2022) (unscheduled vacancy, John W. Elwell) Item No. 27 NOMINATION: Council Member Ma’ae nominated Wesley Padilla. ROLL CALL VOTE: 6-0. Nomination approved.
At 12:46 A.M. on August 10, 2022, Council Member Diaz left the meeting.
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 Faessel announced his upcoming 50th wedding anniversary on August 19 and thanked his wife, Susan, for her support.
COUNCIL AGENDA SETTING: Mayor Pro Tem O’Neil requested an agenda item on August 23 of a report on criminal and code enforcement activities along Beach Blvd. and recent improvement made, as well as staff recommendations for additional enforcement activities and necessary appropriations. He also requested an item on August 23 to discuss and approve holding a State of the City event ideally at the end of September that would be staff driven, planned, and implemented, with the opportunity for all Council Members to participate in the program.
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ADJOURNMENT: 12:49 A.M. on August 10, 2022, in memory of Bryan Crow and John Fenn.
Next regular City Council meeting is scheduled for August 23, 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.
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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
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POSTING STATEMENT: On August 4, 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.