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08-24-21_Action with CommentsHarry S. Sidhu, P.E Mayor Stephen Faessel Mayor Pro Tem District 5 Jose Diaz Council Member District 1 Vacant 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 AUGUST 24, 2021 TELECONFERENCE NOTICE: On June 11, 2021, Governor Newsom issued Executive Order N-08-21 (superseding the Brown Act -related provisions of Executive Order N-29-20 issued on March 17, 2020 and Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meeting: 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-08-21, please be advised that some members of the Anaheim City Council may participate in this meeting telephonically. • 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., 21d Floor, Anaheim, CA 92805 and by contacting the office by phone, 714-765-5166, or email to cityclerkna.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 publiccommentaanaheim.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 citvclerk(abanaheim.net with any questions. 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 -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. 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. ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA AUGUST 24, 2021 3:00 P.M. Call to order the Anaheim City Council. 3:00 P.M. MEMBERS PRESENT: Mayor Sidhu and Council Members Faessel, Diaz, and O'Neil. Council Member Moreno joined the meeting at 3:04 P.M. and Council Member Valencia joined the meeting at 3:22 P.M. (all in person). [One City Council vacancy] 3:00 P.M. - WORKSHOP 3:00 P.M. PUBLIC COMMENTS ON WORKSHOP: No in-person comments. City Clerk Theresa Bass reported 1 public comment was received via email related to the Workshop. Public Comments Submitted — August 24, 2021 City Council Meeting WORKSHOP: Housing Element Update Project ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Recess to closed session. 4:11 P.M. CLOSED SESSION 4:11 P.M. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) (1) of the Government Code) Title: City Manager, City Attorney, and City Clerk 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organizations: City Manager, City Attorney, City Clerk Reconvene the Anaheim City Council. 5:06 P.M. MEMBERS PRESENT: Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia, and O'Neil (in person). [One City Council vacancy] MIT11 A LTJ Invocation: Pastor Ron Oakley, The Rock Church in Anaheim Flag Salute: Mayor Pro Tem Stephen Faessel Presentation: Presentation by Orange County Vector Control Presentation not made; will be presented at a later date. 2 August 24, 2021 Acceptance of Other Recognitions (To be presented at a later date): Recognizing September 2021, as World Alzheimer's Awareness Month Recognizing September 2021, as National Preparedness Month Accepted by Deputy Fire Chief Mike Molloy. Recognizing September 2021, as National Library Card Sign -Up Month Accepted by Library Services Supervisor April Ray. Recognizing September 2021, as Childhood Cancer Awareness Month ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass announced approval of Item No. 12 would include a revised page 6 in Attachment A, specifically pertaining to Post -65 Retirees plan costs, as distributed to Council via memo. PUBLIC COMMENTS (all agenda items): 15 speakers (in-person). City Clerk Theresa Bass reported 3 public comments were received electronically prior to 5:00 P.M. Public Comments Submitted — August 24, 2021 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) CITY MANAGER'S UPDATE: City Manager Jim Vanderpool congratulated the Anaheim Police Department and its various divisions and staff for a successful National Night Out at La Palma Park that was attended by thousands of attendees. He reported the Public Works Department has successfully negotiated a framework with the California Department of Transportation for the City to take ownership of Beach Blvd. within Anaheim city limits and a recommendation to approve a conditional offer to relinquish Beach Blvd. would be presented to Council in September. He noted the entire process would still take several years, but this was an important milestone in realizing the full implementation of the Beach Blvd. Specific Plan. He announced that Sergio Ramirez joined the City as the Economic Development Director, following his previous tenure in Anaheim and the City of Long Beach. Mr. Vanderpool listed various initiatives and projects Mr. Ramirez would work on across the City. In response to Council Member Valencia, Mr. Vanderpool stated Anaheim has been through challenging times but the City is in strong financial health, staff was reviewing the recent findings of the State Auditor but disagreed with the methodology utilized as Anaheim is a full-service city so ranking Anaheim with smaller cities is a disservice and not a fair comparison to cities statewide, and that the City is the early stages of recovery with a brighter future and had come through the pandemic with uninterrupted service to the community and no employee layoffs. In response to Council Member Moreno, Mr. Vanderpool stated a review of the response to the audit report could be agendized at the request of City Council. 5:00 P.M. - CITY COUNCIL 6:08 P.M. Items pulled for discussion: Council Member Moreno: Item Nos. 02 & 08 Council Member O'Neil: Item No. 12 MOTION: JD/SF Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 6-0. Motion carried. 3 August 24, 2021 CONSENT CALENDAR: Receive and file minutes of the Library Board meetings of June 14, 2021 and July 12, 2021. 2. Approve proclamations recognizing September 2021 as Hunger Action Month and recognizing the 201h Anniversary of September 11, 2001. Item No. 02 Discussion. MOTION: JM/JD ROLL CALL VOTE: 6-0. Motion carried. 3. Accept the bid from Border Tire, in the amount of $62,492.50 plus a 20% contingency, for as - needed roadside tire repair services for a one year period with up to four one-year optional renewals, and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9535. 4. Accept the bid from Anawood Cleaners, in the amount of $30,457.50, for as -needed laundry and dry cleaning services for the Anaheim Convention Center for a one year period with up to four one-year optional renewals, and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9539. 5. Waive the sealed bid requirement of Council Policy 4.0 and ratify the issuance of a purchase order to All-Star Post -Tension, in the amount of $87,450, for repairs needed to the external post tension system supporting the concrete structure in Parking Structure 2 at the Anaheim Convention Center, and increase the Convention Center FY 2021/22 expenditure appropriation by the same amount. 6. Authorize the Purchasing Agent to issue purchase orders, in an amount not -to -exceed $3,540,727 plus applicable taxes, for 18 City vehicles for the 2021/22 fiscal year. 7. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Finance Director, or designee, to execute and administer the Amendment No. 3 to the Enterprise License Agreement with Environmental Systems Research Institute, Inc., in the amount of $825,000, to extend the current software for an additional three year period including all updated licensing and the annual maintenance and support for the three-year period from September 1, 2021 through August 31, 2024 for the Geographic Information System Office. 8. Award the contract to the lowest responsible bidder, EBS General Engineering, Inc., in the amount of $5,317,919.39, for the Northeast Anaheim Colony (Sabina) Neighborhood Improvements Phase III - Area B Project; authorize the Director of Public Works to execute the contract and any related documents, and to 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. Item No. 08 Discussion. MOTION: JM/SF ROLL CALL VOTE: 6-0. Motion carried. 4 August 24, 2021 9. Approve the cooperative agreement with the cities of Orange (lead agency), Placentia, Santa Ana, Tustin, and Yorba Linda, in the amount of $121,772.50 cost match share by the City of Anaheim, to implement traffic signal synchronization on Tustin Avenue/Rose Drive from the intersection of Tustin Avenue and First Street in the City of Tustin to Rose Drive and Wabash Avenue in the City of Yorba Linda, for a term through December 31, 2026 with two one-year extensions. Item No. 09 Council Member Diaz disclosed that the City of Orange is his employer but he conferred with the City Attorney and could vote on this item. 10. Approve the First Amendment to the Engineering Services Agreement with Michael Baker International, Inc., increasing the not to exceed amount by $246,000 for a total agreement not to exceed amount of $1,220,135, for the Orangewood Avenue Improvements Project from the Santa Ana River to east of the State Route 57; and authorize the Director of Public Works to execute the amendment and to take the necessary actions to implement and administer the agreement. 11. Approve a Communications Site License Agreement with the Metropolitan Water District of Southern California to provide the City with a site in the City of Yorba Linda for telecommunication facilities operated by Anaheim Public Utilities, for an initial ten year term with up to three additional five-year terms and an annual license fee of $38,400 with an annual escalation of 3% and a one-time $5,000 processing fee; determine that the proposed actions are categorically exempt from the California Environmental Quality Act pursuant to Section 15301(b) of Title 14 of the California Code of Regulations; and authorize the Public Utilities General Manager to execute the agreement and any related documents and to take the necessary actions to implement and administer the agreement, including termination of this and any previous related licenses or leases on or adjacent to the proposed licensed site (4680 Green Crest Drive). 12. Approve the 2022 Health and Welfare Plan Rates and authorize the Human Resources Director, or designee, to enter into and execute all required provider agreements as well as take the necessary actions to implement and administer the agreements. Item No. 12 Discussion. MOTION: TO/SF ROLL CALL VOTE: 6-0. Motion carried. 13. RESOLUTION NO. 2021-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees represented by the International Brotherhood of Electrical Workers, Local 47 - General Unit (effective July 1, 2020 through December 31, 2022). 14. RESOLUTION NO. 2021-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications assigned to the Part -Time Customer Service Unit represented by the International Brotherhood of Electrical Workers, Local 47 (effective July 1, 2020 through December 31, 2022). 5 August 24, 2021 15. RESOLUTION NO. 2021-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its official intent to reimburse certain Electric Utility Fund expenditures from the proceeds of bonds or other obligations (amount not expected to exceed $120,000,000). RESOLUTION NO. 2021-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its official intent to reimburse certain Water Utility Fund expenditures from the proceeds of bonds or other obligations (amount not expected to exceed $60,000,000). 16. RESOLUTION NO. 2021-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating public utility easements located at 100-394 West Cerritos Avenue pursuant to California Streets and Highways Code Section 8330, et seq. - Summary Vacation (ABA2019-00400). 17. ORDINANCE NO. 6512 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) and Chapter 18.28 (Floodplain "FP" Overlay Zone) of the Anaheim Municipal Code relating to the identification of flood hazard areas and the reduction of flood hazards and making findings and determinations in connection therewith. Determine that the above actions are exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines under Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations (introduced at Council meeting of August 10, 2021; Item No. 12). 18. ORDINANCE NO. 6513 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a franchise to Torrance Pipeline Company LLC, to maintain and operate pipelines for oil, gas and other substances in the City of Anaheim (introduced at Council meeting of August 10, 2021; Public Hearing Item No. 17). 19. Approve minutes of City Council meetings of November 24, 2020 and December 8, 2020. END OF CONSENT CALENDAR 6:19 P.M. 20. Determine the appointment process to fill the District 2 City Council vacancy and direct staff accordingly. Item No. 20 Discussion. MOTION: HS/TO to direct staff to implement an appointment process, with suggested revisions to the draft application, and to approve the recommended schedule, with applicants invited to address Council at the September 14, 2021 City Council meeting. ROLL CALL VOTE: 6-0. Motion carried. 6 August 24, 2021 21. Nominate and appoint a representative to serve on the Orange County Water District - District 9. Orange County Water District — District 9 APPOINTMENT: Mayor Sidhu (currently held by Jordan Brandman) NOMINATION: Council Member Diaz nominated Mayor Sidhu. ROLL CALL VOTE: 5-1 (Mayor Sidhu and Council Members Faessel, Diaz, Valencia, and O'Neil; NOES: Council Member Moreno). Nomination approved. At 6:47 P.M., Mayor Sidhu recessed to closed session and reconvened the Anaheim City Council at 8:23 P.M. Report on Closed Session Actions: None Public Comments (non -agenda items): None Council Communications/Agenda Requests: Council Member Moreno thanked the Public Works, Public Utilities, and Community Services Departments for their work on the Sabina/Northeast Colony project as well as the community for their continued efforts to improve the neighborhood. He thanked the Police Department for addressing neighborhood concerns. He congratulated the Police Department for receiving the Humanitarian and Service Award at the St. Anthony Claret Mariachi Festival fundraiser and also acknowledged the Anaheim Elementary and Anaheim Union High school districts and Latino Health Access for their recognitions of their efforts through COVID-19 with food distributions, testing, vaccinations, and outreach. He thanked Neighborhood Services and Republic Services for offering neighborhood clean-up events. He requested a future agenda regarding the State Auditor's Report to review the methodology and the City's response, concurred by Council Member Valencia (request failed for lack of second concurrence). Council Member Moreno requested a memo or possible agenda item from the City Manager about possible projects and timeline regarding the recently -passed Congressional Infrastructure Bill. He encouraged everyone to stay safe regarding COVID-19, particularly for the children unable to be vaccinated, and wished good luck to all college and university students. City Manager Jim Vanderpool addressed the tragic accident that occurred at Lincoln Avenue and the 57 Freeway where a construction truck crashed into an apartment building, killing one person and displacing eight families. He reported staff was working closely with the Red Cross to provide assistance. Council Member Moreno left the meeting at 8:30 P.M. Council Member Diaz reported the grand opening of Buena Esperanza and noted it was a great improvement and addition to the city. He also reported new ambulances through the Anaheim Fire & Rescue Department were starting this week and he looked forward to improved service and reduced costs. He congratulated the Magnolia School District on their first day of school and the Western High School football team for winning their first game. Council Member Valencia acknowledged the grand opening of Buena Esperanza, encouraged all to keep healthy from COVID-19 through masks and vaccines, wished all student -athletes a safe and productive year, congratulated Katella High School for their first win, and recognized Linda Newby for organizing a community clean-up. 7 August 24, 2021 Mayor Pro Tem Faessel noted that Buena Esperanza was the first project under the motel conversion ordinance and congratulated Jamboree Housing on its success. He reported his attendance at the Grandma's House of Hope Annual Gala at the Phoenix Club and announced the Pacific Symphony performance at Juarez Park on Thursday, August 26 at 7:00 P.M. Council Member O'Neil thanked Community Services Director Sjany Larson -Cash for finding a way to open the East Anaheim Branch Library and for helping organize a family campout on October 1 at the Oak Canyon Nature Center. He addressed inquiries regarding the low level of the Walnut Canyon Reservoir by reporting that more water was being used from the reservoir via the Lenain Water Treatment Facility due to some groundwater pumping facilities being offline, noting that the Public Utilities Department purchased water in the winter when prices were lower, and stating there was ample water for any needed firefighting efforts. He reported he had received several complaints and concerns about a sober living facility on Montvale, thanked residents for their concern and compassion, and requested Code Enforcement and continue their efforts to address issues. Mayor Sidhu thanked Jamboree Housing for the conversion of a motel into the Buena Esperanza veterans housing. He thanked the Community Services Department for concerts at the Pearson Park Amphitheater and their work at the Oak Canyon Nature Center, giving residents much needed recreation activities. He reported the Mayor's Ad Hoc Health Task Force regarding COVID-19 would hold a meeting on Tuesday, August 31. Adjournment: 8:41 P.M. Next regular City Council meeting is scheduled for September 14, 2021. All agenda items and reports are available for review in the City Clerk's Office and www.anaheim.net/councilagendas, and the Central Library. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 during regular business hours and by contacting the office by phone, 714-765-5166, or email to cityclerk anaheim.net. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's Office either in person at 200 South Anaheim Boulevard, Anaheim, California, by telephone at (714) 765-5166, or via email to cityclerk .anaheim.net, no later than 8:00 AM on the day of the scheduled meeting. SERVICIOS DE TRADUCCION: La ciudad provee servicios de interpretacion al espanol en las juntas del Consejo. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su peticion en el podio. No tiene que usar los servicios de interpretacion de la Ciudad; las personas pueden proveer su propio interprete, si to desean. 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. Para servicios de interpretacion en otros idiomas, comuniquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada. TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation 8 August 24, 2021 (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 August 19, 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. 9 August 24, 2021