Anaheim — 2024-05-07
City Council
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Closed Session Item
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Section 54956.9 of the California Government Code)\nName of Case: Grandma’s House of Hope v. City of Anaheim et al., Orange County Superior\nCourt Case No. 30-2022-01241823
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Closed Session Item
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION\n(Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of California\nGovernment Code Section 54956.9): One potential case\n(A copy of the claim against the City is included in the agenda packet and available for review by\ncontacting the City Clerk’s Office and on-line electronically with the agenda at:\nwww.anaheim.net/councilagendas.)
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1. Receive and file minutes of the Library Board meeting of March 11, 2024, Public Utilities Board\nmeeting of March 27, 2024, and the Senior Citizen Commission meetings of September 21, 2023,\nNovember 16, 2023, and January 18, 2024.
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10. Award an agreement to Quinn Company, in an amount not to exceed $59,583.99 plus applicable\ntax and a 20% contingency, for the purchase of Caterpillar equipment repair parts on an as-\nneeded basis for a one year period; authorize the Purchasing Agent, or designee, to exercise up\nto four one-year optional renewals, subject to available budget appropriations; and authorize the\nPurchasing Agent, or designee, to execute documents related to the agreement (Bid# 9768).
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11. Waive the bidding and publication requirements of Council Policy 4.0 and award a purchase order\nto Econolite Control Products, Inc., in the amount of $86,200, for database analytics software\nsubscription for a software maintenance agreement for the City’s current Centracs system and a\nnew Centracs Mobility Module to be used by Public Works Department, Traffic and\nTransportation Division for a two year subscription; authorize the Purchasing Agent, or designee,\nto exercise annual maintenance and support service renewals, subject to available budget\nappropriations; and authorize the Purchasing Agent, or designee, to execute documents related\nto the purchase order and software maintenance agreement.
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12. Award the construction contract to the lowest responsible bidder, Asplundh Construction, LLC, in\nthe amount of $15,707,990.43 plus a 10% contingency, for the Platinum Triangle Electric Line\nExtension Phase II Project; authorize the Director of Public Works to execute the contract and\nrelated documents and to take the necessary actions to implement and administer the contract;\ndetermine that the Project is categorically exempt from the California Environmental Quality Act\npursuant to Sections 15301(b), 15303(d), and 15304 of Title 14 of the California Code of\nRegulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to\ncontract retentions.
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13. Approve the Professional Services Agreement with seven consultants, each in an amount not to\nexceed $250,000 per Work Order Package with a total contract amount not to exceed $500,000\nper contract year plus a 15% contingency for as needed extra services per consultant company,\nfor as-needed grant writing and public outreach services to support the Design Services Section\nof the Department of Public Works each for a three year term with two one-year optional\nrenewals; authorize the Director of Public Works to execute each agreement and to take the\nnecessary actions to implement and administer the agreements; and authorize de minimis\nchanges that do not substantially change the terms and conditions of the agreements, so long as\nsuch changes are determined to be de minimis by the City Attorney’s Office [Blais & Associates,\nInc.; California Consulting, Inc.; Evan Brooks Associates, Inc.; Ardurra Group, Inc.; DKS\nAssociates; Kleinfelder Construction Services, Inc.; and McCormick-Busse, Inc.].\n4 May 7, 2024
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14. Approve the Professional Services Agreement with eight consultants, each in an amount not to\nexceed $250,000 per Work Order Package with a total contract amount not to exceed $1,000,000\nper contract year plus a 15% contingency for as needed extra services per consultant company,\nfor as-needed environmental services to support the Design Services Section of the Department\nof Public Works for a three year term with two one-year optional renewals; authorize the Director\nof Public Works to execute the agreements and take the necessary actions to implement and\nadminister the agreements; and authorize de minimis changes that do not substantially change\nthe terms and conditions of the agreements, so long as such changes are determined to be de\nminimis by the City Attorney’s Office [Chambers Group, Inc.; ECORP Consulting, Inc.;\nFirstCarbon Solutions; Galvin Preservation Associates (GPA) Consulting; GHD, Inc.; Harris &\nAssociates, Inc.; LSA Associates, Inc.; and UltraSystems Environmental, Inc.].
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15. Approve the Animal Care Notice of Intent with the County of Orange, in an estimated cost of\n$5,282,185 plus a 10% contingency, for animal care and shelter services for the period of July 1,\n2024 through June 30, 2025.
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16. Approve an agreement with Baringa Partners LP, in an amount not to exceed $2,100,000 plus a\n15% contingency for as-needed extra services, for project management services for\nimplementation of the Energy Trading and Risk Management System Implementation and\nIntegration Project for a 15-month term with two 12-month extension options to complete the\nservices; and authorize the Public Utilities General Manager, or designees, to execute all related\ndocuments as necessary and take the necessary actions to implement, fund, and administer the\nagreement.
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17. Approve the Energy Storage Agreement, in substantial form, with Roadhouse Energy Storage,\nLLC pursuant to which Roadhouse will design, construct, own, operate, and maintain a 300\nmegawatt (MW) battery energy storage system (Project) and sell to the City of Anaheim the\nProject’s energy, capacity, resource adequacy, and associated attributes, for an approximate cost\nof $67,500,000 per year over a twenty-year delivery term; and authorize the Public Utilities\nGeneral Manager, or designees, to (a) execute and deliver the agreement with any de minimis\nchanges that, as determined by the City Attorney’s Office, do not materially change the terms and\nconditions of the agreement; (b) execute and deliver amendments to the Agreement, inclusive of\nany costs that are contemplated by the agreement, and any documents necessary to carry out\nthe transaction contemplated by the agreement, such as collateral assignment agreements,\npower scheduling agreements, and scheduling coordinator agreements; and (c) take the\nnecessary actions to implement and administer the agreement.
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18. Approve Amendment No. 5 to Property Operating Agreement between the City of Anaheim and\nthe Muzeo Foundation for the continued operations of the Muzeo, for an initial term of five years\nwith an option to extend by an additional five-year term, and one additional three-year extension,\nmaking the Maturity Date June 30, 2037, which coincides with the year-end date of the Operating\nAgreement, and includes addition of consumer price index increases to the Line of Credit\nbeginning with the second five-year term on July 1, 2029, and clarifies the matching funding\nsources of the Muzeo for the purpose of meeting the $250,000 matching fundraising requirement;\nand authorize the Director of Community Services to execute the agreement and to take the\nnecessary actions to implement and administer the Agreement\n5 May 7, 2024
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19. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM initiating proceedings for the annual levy of assessments in, and accepting an\nassessment engineer’s report for, the Anaheim Resort Maintenance District (Fiscal Year 2024-\n25).\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM declaring its intention to provide for an annual levy and collection of assessments\nin the Anaheim Resort Maintenance District, and setting a time and place for public hearing\nthereon (Public Hearing scheduled for Council Meeting of June 18, 2024).
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2. Approve recognitions recognizing Esperanza High School student, Ethan Larsen, as a Division 2\nFine Arts Finalist; Anaheim High School Student, Hector Lopez, as a Division 2 Media Arts\nFinalist; and Anaheim Ballet Student, Luna Rodriguez for representing Anaheim at the Youth\nAmerica Grand Prix 25th Anniversary Gala.
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20. ORDINANCE NO. 6572 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF ANAHEIM approving and adopting amendments to the Disneyland Resort Specific Plan\nNo. 92-1(Amendment No. 9 to the Disneyland Resort Specific Plan) (DEV2021-00069)\n[considered at the Council meeting of April 16, 2024, Public Hearing Item No. 14 and introduced a\nthe conclusion of the Public Hearing on April 17, 2024].\nORDINANCE NO. 6573 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF ANAHEIM approving and adopting amendments to Chapter 18.114 (Disneyland Resort\nSpecific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 of the Anaheim\nMunicipal Code and amending Ordinance Nos. 5377 and 5378, as previously amended\n(Amendment No. 9 to the Disneyland Resort Specific Plan) (DEV2021-00069) [considered at the\nCouncil meeting of April 16, 2024, Public Hearing Item No. 14 and introduced a the conclusion of\nthe Public Hearing on April 17, 2024].\nORDINANCE NO. 6574 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF ANAHEIM approving and adopting an amendment to the Anaheim Resort Specific Plan\nNo. 92-2 (Amendment No. 17 to the Anaheim Resort Specific Plan) (DEV2021-00069)\n[considered at the Council meeting of April 16, 2024, Public Hearing Item No. 14 and introduced a\nthe conclusion of the Public Hearing on April 17, 2024].\nORDINANCE NO. 6575 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF ANAHEIM approving and adopting an amendment to Chapter 18.116 (Anaheim Resort\nSpecific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 of the Anaheim\nMunicipal Code and amending Ordinance Nos. 5453 and 5454, as previously amended\n(Amendment No. 17 to the Anaheim Resort Specific Plan) (DEV2021-00069) [considered at the\nCouncil meeting of April 16, 2024, Public Hearing Item No. 14 and introduced a the conclusion of\nthe Public Hearing on April 17, 2024].\nORDINANCE NO. 6576 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF ANAHEIM amending Section 18.40.080 (Structural Height Limitations – Anaheim\nCommercial Recreation Area) of Chapter 18.40 (General Development Standards) of the\nAnaheim Municipal Code (DEV2021-00069) [considered at the Council meeting of April 16, 2024,\nPublic Hearing Item No. 14 and introduced a the conclusion of the Public Hearing on April 17,\n2024].\n6 May 7, 2024\nORDINANCE NO. 6577 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF ANAHEIM approving and adopting the First Amended and Restated Development\nAgreement No. 96-01 by and between the City of Anaheim and the Walt Disney World Co.\n(renamed Walt Disney Parks and Resorts U.S., Inc. in 2009) and making certain findings related\nthereto (DEV2021-00069) [considered at the Council meeting of April 16, 2024, Public Hearing\nItem No. 14 and introduced a the conclusion of the Public Hearing on April 17, 2024].
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21. Approve minutes of the City Council meetings of September 12, 2023 and September 26, 2023.\nBUSINESS CALENDAR:
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22. Receive a report on City regulations regarding political signs [Informational Item].\n5:30 P.M. PUBLIC HEARINGS:
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23. CEQA CATEGORICAL EXEMPTION, CLASS 1\nDEVELOPMENT APPLICATION NO. 2023-00011\nPROJECT LOCATION: The approximately 0.81-acre property is located at 2125 - 2129 South\nHarbor Boulevard, approximately 300 feet south of Orangewood Avenue.\nREQUEST: The applicant requests a determination of Public Convenience or Necessity to permit\noff-site sales of alcoholic beverages in an existing retail sales-general use that is incidental to and\nintegrated with The Carriage Inn motel, an amendment to Conditional Use Permit No. 2725 to\nremove a condition of approval requiring a restrictive covenant on the property, and approval of\nan administrative adjustment for a 5% reduction in Code-required parking spaces.\nENVIRONMENTAL DETERMINATION: The City Council will consider whether to find and\ndetermine that the project is categorically exempt from the provisions of the California\nEnvironmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15300.2 (c) and\n15301, Class 1 (Existing Facilities) of Title 14 of the California Code of Regulations.\nACTION TAKEN BY THE PLANNING COMMISSION:\nApproved a Determination of Public Convenience or Necessity for the sale of alcoholic beverages\nfor off-site consumption, an amendment to Conditional Use Permit No. 2725 to remove a\ncondition of approval, and an administrative adjustment for a 5% reduction in Code-required\nparking and making certain findings in connection therewith (PC2024-002). VOTE: 7-0\n(Chairperson Kring and Commissioners Henninger, Castro, Lieberman, Perez, Tran-Martin, and\nWalker voted yes).\n(Planning Commission meeting of January 17, 2024) Appealed by: Talab Ibrahim.\n[Continued from the Council meetings of February 27, 2024, Public Hearing Item No. 32 and\nMarch 26, 2024, Public Hearing Item No. 16; public comment period closed on February 27,\n2024].\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM denying the appeal of the Planning Commission’s decision and approving a\nDetermination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site\nconsumption, an amendment to Conditional Use Permit No. 2725 to remove a condition of\napproval, and an administrative adjustment for a reduction in code-required parking and making\ncertain findings in connection therewith (Development Application No. 2023-00011) (2125-2129\nSouth Harbor Boulevard) [includes determination that the project is categorically exempt from the\nprovisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA\nGuidelines Sections 15300.2 (c) and 15301, Class 1 (Existing Facilities) of Title 14 of the\nCalifornia Code of Regulations].
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24. Public hearing to consider the proposed vacation/abandonment of Short Street right-of-way lying\nnorthwest of Kellogg Drive southeast of the City boundary and abutting 5055 Short Street\n(Abandonment No. ABA 2023-00425).\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM vacating a segment of Short Street right-of-way lying northwest of Kellogg Drive\nsoutheast of the city boundary and abutting 5055 Short Street (Abandonment No. ABA 2023-\n00425).\nApprove the Purchase and Sale Agreement with Dunbar Holdings Placentia, LLC (Buyer) for the\nsale of excess right-of-way from the City to buyer; authorize the Director of Public Works to\nexecute the agreement and all necessary documents, including escrow documents required to\nclose escrow; authorize the Mayor to execute the Quitclaim Deed; authorize the City Clerk to hold\nthe recordation of the Resolution and Quitclaim Deed until authorized to record (total\ncompensation of $27,700 payable to the City of Anaheim for the excess street right-of-way).\nMOTION: __________
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3. Deny the request for a rehearing of the City Council’s decision related to the public hearing held\non April 16, 2024 that concluded with City Council action on April 17, 2024, approving\nentitlements associated with the DisneylandForward Project (DEV2021-00069).
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4. Ratify an extension of the current agreement with Galls, LLC, in an amount not to exceed\n$410,000 plus a 20% contingency, to provide uniforms and accessories for the Anaheim Police\nDepartment for the period beginning November 1, 2023 through May 7, 2024; award an\nagreement to Galls, LLC, in an amount not to exceed $961,313.07 plus applicable tax and a 20%\ncontingency, for a one year period; authorize the Purchasing Agent, or designee, to exercise up\nto four one-year optional renewals, subject to available budget appropriations; and authorize the\nPurchasing Agent, or designee, to execute documents related to the agreement (Bid# 9777).
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5. Award a purchase order to ConvergeOne, in the amount of $147,000.74 plus applicable sales\ntax, for a Dell Storage Area Network solution for the storing of camera surveillance footage at the\nAnaheim Convention Center; and authorize the Purchasing Agent, or designee, to execute\ndocuments related to the purchase order (Bid# 9774).
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6. Waive the bidding and publication requirements of Council Policy 4.0 and award an agreement to\nSiemens Industry, Inc., in an amount not to exceed $77,699.91 plus a 20% contingency, for\nservices related to the Siemens automated HVAC control system at the Anaheim Convention\nCenter for a one year period; authorize the Purchasing Agent, or designee, to exercise up to two\none-year optional renewals, subject to available budget appropriations; and authorize the\nPurchasing Agent, or designee, to execute documents related to the agreement.\n3 May 7, 2024
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7. Award a purchase order to Fujitec America, Inc., in the amount of $340,182 plus applicable tax, to\nreplace 286 escalator steps at the Anaheim Convention Center; and authorize the Purchasing\nAgent, or designee, to execute documents related to the purchase order (Bid# 9781).
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8. Approve an increase to the current Master Agreement with R.J. Noble Company, in the amount of\n$367,524 increasing the not to exceed amount to $1,200,000, to ensure sufficient funds\nthroughout the agreement term for as-needed purchase of various asphalt concrete paving\nmaterials and dumping of construction debris; and authorize the Purchasing Agent, or designee,\nto execute documents related to the agreement.
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9. Approve an increase to the current Master Agreement with Trillium USA Company, LLC, in the\namount of $31,662 increasing the not to exceed amount to $91,245, to ensure sufficient funds\nthroughout the agreement term for compressed natural gas fuel; and authorize the Purchasing\nAgent, or designee, to execute documents related to the agreement.