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05-11-21_Action with CommentsHarry S. Sidhu, P.E Mayor Stephen Faessel Mayor Pro Tem District 5 Jose Diaz Council Member District 1 Jordan Brandman Council Member District 2 Dr. Jose F. Moreno Council Member District 3 Avelino Valencia Council Member District 4 Trevor O'Neil Council Member District 6 200 S. Anaheim Blvd Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net ANAHEIM CITY COUNCIL ACTION AGENDA MAY 119 2021 SPECIAL NOTICE DURING COVID-19 PANDEMIC On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act - related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that some members of the Anaheim City Council may participate in this meeting telephonically. PUBLIC PARTICIPATION: Pursuant to Executive Order N-29-20 and given the current health concerns, members of the public are encouraged to access the meeting live on-line at www.anaheim.net/councilvideos and on Cable Channel 3.The following options are available to the public to correspond with the City Council and all other related agencies, on any agenda items or matters within the jurisdiction of such governing bodies: 1) Members of the public can submit comments electronically for City Council consideration by sending them to publiccomment(c anaheim.net. To ensure distribution to the City Council prior to consideration of the agenda, please submit comments prior to 2:00 P.M. the day of the meeting. Those comments, as well as any comments received after 2:00 P.M., 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. 2) Members of the public can provide in-person comments at the podium in the Council Chamber. Social distancing measures will be in place, masks are required. Once the Chamber has reached health and safety capacity, the participant will be asked to exit the building once their comments have been made. Public comments are limited to three (3) minutes per speaker, unless a different time is announced. 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). Contact the City Clerk's Office at 714- 765-5166 or cityclerk(a)anaheim.net with any questions. ACCESSIBILITY: 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, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's Office by telephone at (714) 765-5166 or via email to citvclerk(cDanaheim.net, no later than 8:00 AM on the day of the scheduled meeting. 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. 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 citvclerk(cDanaheim.net. ■ 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. ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA MAY 11, 2021 4:00 P.M. Call to order the Anaheim City Council. 4:00 P.M. MEMBERS PRESENT: Mayor Sidhu and Council Members Faessel, Diaz, and O'Neil (in person). Council Member Brandman (via teleconference). Council Members Moreno and Valencia joined the meeting during Closed Session (in person). ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: 1 speaker. No electronically submitted comments. (Submit 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 prior to 2:00 P.M. the day of the meeting. Those comments, as well as any comments received after 2:00 P.M., 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. In addition to electronic comments, members of the public can provide in-person comments at the podium in the Council Chamber. Public comments are limited to three (3) minutes per speaker, unless a different time is announced.) Recess to closed session. 4:06 P.M. 4:00 P.M. - CLOSED SESSION 4:06 P.M. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Florentina Pelayo v. City of Anaheim et al. USDC Case No. 8:19-cv-02318 MCS (ADSx) 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: D.R., by and through her guardian ad-litem, Vanessa Gonzalez; and Christopher Ramirez v. City of Anaheim et al. USDC Case No. 8:20-CV-00659-DOC-JDE Reconvene the Anaheim City Council. 5:15 P.M. 5:00 P.M. 5:15 P.M. MEMBERS PRESENT: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil (in person). Invocation: Mayor Pro Tem Stephen Faessel Flag Salute: Council Member Jose F. Moreno Presentation: Recognizing 2019 and 2020 Mills Act participants Presented by Associate Planner Christine Nguyen 2 May 11, 2021 Acceptance of Other Recognitions (To be presented at a later date): Recognizing May 2 — 8, 2021, as National Travel and Tourism Week Recognizing May 15, 2021, as Kids to Parks Day Accepted by Interim Community Services Director Sjany Larson -Cash Recognizing June 2021, as Immigrant Heritage Month ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items, except public hearing): 18 speakers (in person). City Clerk Theresa Bass reported 8 public comments were received via email prior to 2:00 P.M. (Total of 11 public comments received electronically). Public Comments Submitted — May 11, 2021 City Council Meeting (Submit 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 prior to 2:00 P.M. the day of the meeting. Those comments, as well as any comments received after 2:00 P.M., 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. In addition to electronic comments, members of the public can provide in-person comments at the podium in the Council Chamber. Public comments are limited to three (3) minutes per speaker, unless a different time is announced.) CITY MANAGER'S UPDATE: City Manager Jim Vanderpool reported a recent partnership with Union Pacific to address citizen complaints of encampments along the railroad right of ways in two areas: along the 1-5 Freeway from Magnolia Avenue to Lincoln Avenue and north of Katella Avenue from Brookhurst Street to Euclid Street. He explained the Community Care Response Team (CCRT) gave notice, provided outreach services, offered shelter beds, which two people accepted, and removed discarded furniture, refuse, and graffiti. In response to Council Member Moreno, Mr. Vanderpool explained the private property owner would not go through the process on their own but the City was thankful for the access and cooperation provided for the CCRT to address the issue through hiring the railroad's contractor and flag personnel. 5:00 P.M. - CITY COUNCIL 6:29 P.M. MOTION: JD/TO Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: Receive and file minutes of the Public Utilities Board meeting of March 24, 2021. 2. Authorize an appropriation adjustment to increase the Police Department's revenue and expenditure appropriations in Fiscal Year 2020/21 by $38,000, under the Fiscal Year 2020 Selective Traffic Enforcement Program (STEP) Grant. 3 May 11, 2021 3. Award the construction contract to the lowest responsible bidder, Fame Legacy, in the amount of $526,132.95 plus a 10% contingency, for the Anaheim Resort Safety Bollards Project Phase I; authorize the Director of Public Works to execute the contract and any related documents, and take the necessary actions to implement and administer the contract; determine that the project is categorically exempt under the California Environmental Quality Act pursuant to Sections 15301 Class 1(c) and Section 15303(d) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 4. Award the construction contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $1,682,309.05, for the Orangethorpe Avenue Rehabilitation Project from Lakeview Avenue to Imperial Highway; authorize the Director of Public Works to execute the contract and any related documents, and take the necessary actions to implement and administer the contract; determine that the project is categorically exempt under the California Environmental Quality Act pursuant to Class 1, Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 5. Award the construction contract to the lowest responsible bidder, Hardy & Harper, Inc., in the amount of $5,806,000, for the Residential Street Improvement Project — Lotus & Torry — Group 13; authorize the Director of Public Works to execute the contract and any related documents, and take the necessary actions to implement and administer the contract; determine that the project is categorically exempt under the California Environmental Quality Act pursuant to Sections 15301, Class 1, and 15302, Class 2, of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 6. Approve the Acquisition Agreement with Axis Campus Owner, LLC, in the acquisition payment amount of $13,100, for the purchase of real property located at 2390 East Orangewood Avenue for a Temporary Construction Easement for the Orangewood Avenue Widening Project from State College Boulevard to the Santa Ana River (R/W ACQ2018-01013). 7. RESOLUTION NO. 2021-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein [City Deed No. 12522 (2390 E. Orangewood Ave.) in conjunction with the Orangewood Avenue Widening Project from State College Boulevard to the Santa Ana River]. 8. RESOLUTION NO. 2021-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works to approve, accept, and consent to easements, grant deeds, quitclaim deeds, other conveyance instruments, and fee simple dedications for streets, roadways, utilities, rights-of-way, and other purposes on behalf of the City. 9. ORDINANCE NO. 6510 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending portions of Ordinance No. 6506, nunc pro tunc, to correct clerical drafting errors in Ordinance No. 6506, pertaining to the amendment of certain sections the Anaheim Municipal Code [certain sections of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) and Chapter 18.42 (Parking and Loading) of Title 18 (Zoning)]; (introduced at Council meeting of April 27, 2021, Item No. 19). 4 May 11, 2021 END OF CONSENT CALENDAR 6:32 P.M. 10. Discussion regarding elements and options related to hazard pay ordinances applicable to grocery, retail and drug store workers. Item No. 10 Discussion. No action taken. Mayor Sidhu recessed the City Council meeting at 6:59 P.M. and reconvened at 7:04 P.M. 11. Update on the City's response to COVID-19. Item No. 11 Discussion. No action taken. 5:30 P.M. PUBLIC HEARING: 7:07 P.M. 12. This is a public hearing to consider the approval of the issuance of tax-exempt solid waste disposal revenue bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $703,700,000 for the financing of certain costs by Republic Services, Inc., in conjunction with improvements to an existing hauling/collection/transfer station/material recovery facility, located at 1131 N. Blue Gum St., Anaheim, CA 92806, in an amount not to exceed $18,000,000. RESOLUTION NO. 2021-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a plan of finance for the issuance of California Municipal Finance Authority Solid Waste Disposal Revenue Bonds in an aggregate principal amount not to exceed $703,700,000 for the purpose of financing and refinancing the acquisition, construction, installation, rehabilitation, improvement and/or equipping of solid waste disposal facilities by Republic Services, Inc. and certain affiliates thereof, and certain other matters relating thereto. Item No. 12 Mayor Sidhu opened the public hearing. No public comments in-person; 2 public comments received electronically. Public Comments Submitted — May 11, 2021 City Council Meeting Mayor Sidhu closed the public hearing. Discussion. MOTION: SF/AV ROLL CALL VOTE: 7-0. Report on Closed Session Actions: None Public Comments (non -agenda items): Public Comments Submitted — May 11, 2021 City Council Meeting (Current and archived public comments are available at www.anaheim.net/publiccomment.) Council Communications/Agenda Requests: Council Member Moreno requested an agenda item for May 18, 2021 to consider both an urgency and traditional ordinance related to hazard pay including the suggestions from Council Member Valencia of $3/hour for 60 days and reviewing the threshold of 50 or more stores, concurred by Council Members Valencia and Brandman. He requested the City Clerk provide a memo covering requirement, options, and timelines for the redistricting process. He announced a District 3 neighborhood Zoom meeting with 5 May 11, 2021 the Anaheim Police Department regarding street racing on May 13 at 6:30 P.M., with details available via Facebook, the webpage, or by calling his office. He thanked Anaheim Public Utilities and staff for facilitating a conversation with the City of Fullerton regarding PFAs at the La Palma Water Wells to address neighborhood concerns about the height of the tanks. He congratulated all graduating seniors, university graduates, and all those promoting between grades for their accomplishments. Council Member Diaz requested staff bring an item back to Council for a review of current ordinances related to street vendors with recommendations to address community concerns and the safety of residents and the vendors, concurred by Council Members Brandman and O'Neil. Council Member Valencia acknowledged the Housing Authority staff and the City management team for mitigating challenges in the Hermosa Village neighborhood. He congratulated graduates, wished a Happy Teachers Day to all educators, and wished his wife, Monica, a happy second anniversary. Mayor Pro Tem Faessel requested the meeting adjourn in memory of Boys and Girls Club Executive Director John Machiaverna, a leader in revitalizing Manzanita Park, former chairperson of the Anaheim Public Utilities Board, and local businessman. He also asked that the meeting adjourn in memory of Paul Van Doren, co-founder of Anaheim business Vans Shoes, who recently died at the age of 90. He offered congratulations for the reopening of Disneyland and Disney California Adventure on April 30, reported his attendance last Saturday at the ABC SoCal Craft Championship competition for electrical and plumbing work, thanked Public Works for cleaning graffiti off the newly reopened Underhill Bridge that serves Sunkist School, acknowledged he celebrated Mother's Day with his wife, Susan, announced the groundbreaking of 39 Commons on Wednesday, and the YMCA ribbon -cutting ceremony later this week. Council Member O'Neil requested the review of street vending also include labor trafficking and he hoped to work with Council Member Diaz and staff on the item. The addition of labor trafficking was concurred by all original approving council members. Council Member Brandman shared his experiences with John Machiaverna and offered thoughts and prayers to his family. He thanked all those who reached out to him regarding last statement and noted he was almost fully recovered. Mayor Sidhu noted the Resort was partially reopened with safety precautions and limited capacity, congratulated the Disneyland Corporation, he acknowledged the Angels for playing well, and looked forward to entering the Yellow Tier soon and fully reopening on June 15. He encouraged everyone to get the vaccine. Adjournment: 7:55 P.M. in memory of Paul Van Doren and John Machiaverna Next regular City Council meeting is scheduled for May 18, 2021. 6 May 11, 2021 All agenda items and reports are available for review in the City Clerk's Office and www.anaheim.net. 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 and by contacting the office by phone, 714-765-5166, or email to cityclerk(o-)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, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's Office by telephone at (714) 765-5166 or via email to cityclerk(a-)anaheim.net, no later than 8:00 AM on the day of the scheduled meeting. SERVICIOS DE TRADUCCION: Para servicios de interpretacion, comuniquese con la oficina de la Ciudad (City Clerk), cuando menos 24 horas antes de la junta programada. Llamando al 714-765-5166. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los interpretes puedan traducir a un dialecto o regionalismo en particular y rehusa cualquier responsabilidad que surja de tales servicios. TRANSLATION SERVICES: For translation services, contact the City Clerk's office no later than 24 hours prior to the scheduled meeting by calling 714-765-5166. 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. 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 May 6, 2021, 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. 7 May 11, 2021