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01-24-23_Action with Comments ANAHEIM CITY COUNCIL ACTION AGENDA JANUARY 24, 2023  ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Housing and Public Improvements Authority begin at 5:00 P.M. Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted. Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chamber, 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.  REPORTS: All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net/councilagendas. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) are available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net.  PUBLIC COMMENTS: There are two Public Comment periods with speakers having one opportunity to address the City Council, except for scheduled public hearing items. Public comments are limited to three (3) minutes per speaker, unless a different time limit is announced. The City uses speaker cards that must be submitted to the City Clerk in order to address the City Council. Prior to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session for the first Public Comment period where speakers will be permitted to speak on specific agenda item(s). This first Public Comment period is limited to 90 minutes or until all agenda item speakers have been heard, whichever is later. Any remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is exhausted. The second Public Comment period will be opened by the Mayor if any non-agenda item speakers were not called during the first Public Comment period. For public hearings, the Mayor or Chairperson will separately call for testimony at the time of each public hearing. Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or Chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. Speakers shall refrain from profane language and other disruptive remarks or behavior which disrupts or disturbs the meeting, or risk being removed (AMC 1.12.017). Additionally, members of the public may correspond with the City Council and all other related agencies, on any agenda items or matters within the jurisdiction of such governing bodies, by submitting comments electronically for City Council consideration by sending them to publiccomment@anaheim.net. To ensure distribution to the City Council prior to consideration of the agenda, please submit comments at least 2 hours prior to the scheduled start time of the meeting. Those comments, as well as any comments received after that time, will be distributed to the City Council, posted on the City’s website, and will be made part of the official public record of the meeting. Current and archived public comments are available at www.anaheim.net/publiccomment. Contact the City Clerk’s Office at 714-765-5166 or cityclerk@anaheim.net with any questions.  ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency.  CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless a member(s) requests an item(s) be discussed and/or removed from the Consent Calendar for separate action.  SERVICIOS DE TRADUCCION (TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH): La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada. Ashleigh E. Aitken Mayor Natalie Rubalcava Mayor Pro Tem District 3 Jose Diaz Council Member District 1 Carlos A. Leon Council Member District 2 VACANT District 4 Stephen Faessel Council Member District 5 Natalie Meeks Council Member District 6 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 January 24, 2023 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA JANUARY 24, 2023 3:00 P.M. Call to order the Anaheim City Council. 3:00 P.M. MEMBERS PRESENT: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Faessel, and Meeks [One City Council vacancy] ADDITIONS/DELETIONS TO CLOSED SESSION: City Clerk Theresa Bass announced that Closed Session Item No. 05 was withdrawn from the agenda by staff. City Attorney Robert Fabela announced that Closed Session Item No. 02 pertained to claims by SRB Management and Angels Baseball related to the Stadium sale, with copies of the claims made available as part of the October 25, 2022 City Council agenda. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: 4 speakers; no electronically submitted comments Recess to closed session. 3:13 P.M. 3:00 P.M. - CLOSED SESSION 3:13 P.M. 1. CONFERENCE WITH LABOR NEGOTIATOR (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organizations: International Brotherhood of Electrical Workers (IBEW), Local 47; IBEW, Local 47 Part-Time Customer Service Employees; International Brotherhood of Electrical Workers, Local 47, Professional Management Unit; and IBEW Local 47 and Part-Time Management Unit 2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9 and/or initiation of litigation pursuant to paragraph (4) subdivision (d) of California Government Code Section 54956.9: Name of Case: Two potential cases 3. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Peoples Homeless Task Force Orange County v. City of Anaheim, OCSC Case No. 30-2020 01135406-CU-WM-CJC. 4. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Teresa Perkins, et al. v. City of Anaheim, et al., USDC Case No. 8:19-cv-00315- JLS-JDE. 3 January 24, 2023 5. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case. Closed Session Item No. 05 removed by staff. No consideration or action taken. Reconvene the Anaheim City Council. 4:40 P.M. MEMBERS PRESENT: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Faessel, and Meeks [One City Council vacancy] 4:00 P.M. – WORKSHOP 4:40 P.M. PUBLIC COMMENTS ON WORKSHOP: 7 speakers; no electronically submitted comments WORKSHOP: Information on Anaheim's response to addressing homelessness Presented by Housing and Community Development Director Grace Stepter, Housing and Community Development Deputy Director Sandy Lozeau, Police Chief Jorge Cisneros, Assistant City Attorney Mehtab Sandhu, and Salvation Army Director of Operations Ben Hurst 5:00 P.M. 5:57 P.M. INVOCATION: Pastor Moi Navarro, Sandals Church Anaheim FLAG SALUTE: Council Member Carlos A. Leon PRESENTATION: Presentation by Orange County Supervisor Doug Chaffee ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing January 2023, as National Mentoring Month Accepted by Big Brothers Big Sisters of Orange County/Inland Empire Vice President of Marketing Christopher Erkelens Recognizing February 2023, as Black History Month Recognizing February 2023, as American Heart Month ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): 26 speakers; City Clerk Theresa Bass reported 21 public comments were received electronically (Total of 21 public comments received via email). Public Comments Submitted – January 24, 2023 City Council Meeting (limited to 90 minutes, or until all agenda item speakers have been heard; any time remaining shall be provided to non-agenda item speakers) COUNCIL COMMUNICATIONS: Council Member Faessel requested the meeting adjourn in memory of the innocent victims of recent mass shootings including those in Monterey Park and Half Moon Bay, 39-year Anaheim Public Utilities Substation Electrician Jack Johnson, and Rob Hunter, General Manager of Metropolitan Water District Orange County. Mayor Pro Tem Rubalcava displayed photos of events she recently attended including a Coffee with the Principal at Anaheim High School and a mural painting with the local Anaheim Elementary School 4 January 24, 2023 District, thanking the Public Utilities Department for supporting the muralists with sustainability items. She thanked Congressman Lou Correa for hosting his Young Congressional Leaders event at the Downtown Community Center where area youth were able to learn about financial literacy. She also reported hosting a Young LULAC event at the Downtown Community Center last Sunday where approximately 200 families were served. She thanked Community Services Director Sjany Larson-Cash for her attendance and assistance with the event. She recognized USA Women’s Volleyball player Morgan Hertz for her provision of skills training to local young athletes through Pro Play. She reported that a local business, Clinica Mi Pueblo, was damaged by a car crash and eight people were injured. She thanked the Anaheim Fire & Rescue Department and Anaheim Police Department for their quick response as well as the Economic Development and Community Services Departments for offering services to the business. Council Member Leon reported his attendance at the Gilbert High School Hunger Drive and a food distribution by Uplift Charities at the West Coast Islamic Center. He noted his participation in the Tet Parade in Westminster with Congressman Lou Correa, thanking all those who put the parade together. He wished all a Happy New Year. Council Member Leon looked forward to the future Council discussion regarding Angel Stadium. He requested the meeting adjourn in memory of Jess Saenz, a 95-year-old World War II veteran and Anaheim High School graduate. Mayor Aitken appreciated the arts in schools. She thanked Congressman Correa for holding the Young Leadership Conference in Anaheim. She announced that she provided an Irish Blessing at the swearing- in ceremony for Orange County Supervisor Katrina Foley, reported that she attended her first U.S. Conference of Mayors in Washington, DC, where she served as a panelist for women mayors and visited the White House, and reported that she hosted a group of Girl Scouts in City Hall to learn about local government. Council Member Diaz showcased Habibi’s Hot Chicken at 2955 West Ball Road, which opened in December 2022 and serves halal Louisiana hot chicken. He announced an upcoming District 1 Neighborhood Service meeting on Wednesday, February 8 at 7:00 P.M. at Dale Junior High School. CITY MANAGER’S UPDATE: City Manager Jim Vanderpool reported that the Anaheim Police Department continues to respond to a number of calls regarding street racing. He reported that Anaheim Police Department officers have been partnering with the Orange County Street Racer Task Force and thanked the Anaheim Police Department for their effort and participation in the task force. He announced that the Anaheim Public Library received an Association of Science and Technology Centers “IF/THEN” grant to assist women innovators in the science, technology, engineering, and math (STEM) fields. He reported that beginning January 2023, the Haskett and Ponderosa libraries would provide in-person and online sessions for the next generation of young women to explore STEM fields. He further announced that the Finance Department was awarded the Distinguished Budget Presentation Award from the Government Finance Officers Association for the 22nd consecutive year. 5:00 P.M. - CITY COUNCIL 7:44 P.M. MOTION: SF/NM Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 6-0. Motion carried. CONSENT CALENDAR: 1. Receive and file minutes of the Library Board meeting of December 12, 2022. 5 January 24, 2023 2. Approve recognitions recognizing Kay Carpenter for her nomination as the Cypress College Foundation’s Citizen of the Year for Anaheim and Liz Dunster as the Cypress College Foundation’s Person of the Year. 3. Accept the bid from Bradley Lighting, Inc., in the amount of $355,650.00 plus applicable tax, for the purchase of palm tree lighting fixtures for the Anaheim Resort Maintenance District in accordance with Bid #9654. 4. Waive Council Policy 4.0 and authorize an increase of $485,661.41, from an amount of $2,943,402.45 to $3,429,063.86, to the value of Purchase Order 521-399554 with Howard Industries c/o Young & Co. for the acquisition of various size transformers for Anaheim Public Utilities due to escalating prices for raw materials and production costs caused by supply chain impacts for manufactured electric distribution system transformers. 5. Waive Council Policy 4.0 and approve an Agreement with Peregrine Technologies, Inc., in substantial form, in an amount not to exceed $1,500,000, for an investigative analytical support system for use by the Anaheim Police Department for a one year period with four optional one- year renewal periods; authorize minimal changes that do not substantially modify the terms and conditions of the Agreement, provided the changes are determined to be de minimis by the City Attorney’s Office; and authorize the Chief of Police to execute the Agreement, exercise any renewal options, and take the necessary actions to implement and administer the agreement. 6. Approve a Master Consultant Agreement (Master Agreement), in substantial form, with 32 consulting firms, each in an amount not to exceed $450,000 per work order, with a $1,000,000 per year limit per consultant, for as-needed Community Services related capital projects throughout the City each for a five year term with an optional six-month extension to complete outstanding work orders; authorize the Director of Community Services, or designee, to execute and administer each Master Agreement and to take the necessary actions to implement and administer the agreements; and authorize minimal changes that do not substantially change the terms and conditions of the Agreement, so long as such changes are determined to be de minimis by the City Attorney's Office (Albus & Associates, Inc.; Alta Planning + Design, Inc.; Architerra Inc. dba Architerra Design Group; BGB Design Group, Inc.; Black O’Dowd & Associates, Inc. dba BOA Architecture; Blais & Associates, LLC; Community Works Design Group; David Volz Design Landscape Architects, Inc.; Environmental Science Associates; Fuscoe Engineering, Inc.; Geosyntec Consultants, Inc.; GeoTek, Inc.; Group Delta Consultants, Inc.; Harrington Geotechnical Engineering, Inc.; KPFF Consulting Engineers; KTU&A; Leighton Consulting, Inc.; LSA Associates, Inc.; Moore Iacofano Goltsman, Inc.; NUVIS; Perkins Eastman Architects, D.C.P., dba Perkins Eastman Architects; Petra Geosciences, Inc.; PlaceWorks, Inc.; PSOMAS; RHA Landscape Architects-Planners, Inc.; RRM Design Group; Schmidt Design Group, Inc.; Shannon & Wilson, Inc.; SWA Group, Inc.; Toal Engineering, Inc.; UltraSystems Environmental, Inc.; Verde Design, Inc.). 7. Approve the First Amendment to Agreement with KUBRA America West, Inc. for electronic payment processing services for Utilities customers to extend the Agreement term from three years with two optional one year extensions to ten years with automatic one year extensions thereafter until terminated; increase the annual transaction services amount from $110,000 to $150,000; authorize $100,000 annually for as-needed software and services, and allow unused amounts to carry over to the following year; maintain an annual authorization of $40,000 for Change Orders; and authorize the Public Utilities General Manager, or designees, to execute the First Amendment, order forms, work orders, change orders, and any related or associated 6 January 24, 2023 documents for software licenses, subscriptions, maintenance, and related services for electronic bill payment and customer service solutions, and to take the necessary actions to implement and administer the Agreement as amended. 8. Approve the Special Package Transient Occupancy Tax Agreement with Walt Disney Travel Co., Inc., and authorize the City Manager to execute the agreement and any amendments thereto that do not alter the amount of transient occupancy tax due and payable under the agreement. 9. ORDINANCE NO. 6551 (INTRODUCTION) AN (UN-CODIFIED) ORDINANCE OF THE CITY OF ANAHEIM establishing the campaign contribution limit for the election cycle commencing January 1, 2023, pursuant to Anaheim Municipal Code Section 1.09.050 (campaign contribution limit increasing from $2,200 to $2,500). 10. Approve minutes of the City Council meeting of August 23, 2022. BUSINESS CALENDAR: 7:45 P.M. 11. RESOLUTION NO. 2023-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM for exception to the 180-day wait period in compliance with Government Codes 7522.56 and 21224 (Resolution to waive the 180-day waiting period for an APD retired annuitant (appointment of Vincent Delgado, Police Investigation Technician, as a retired annuitant, effective January 25, 2023). Item No. 11 Discussion. MOTION: SF/JD ROLL CALL VOTE: 6-0. Motion carried. 12. Consider (re)appointments to certain city Boards and Commissions to serve terms ending December 31, 2026. Housing and Community Development Commission (1 appointment) District 2 appointment: ______Robert Esparza_________ (December 31, 2026) NOMINATION: Council Member Leon nominated Robert Esparza. ROLL CALL VOTE: 6-0. Nomination approved. Planning Commission (1 appointment) District 3 appointment: ______Michelle Lieberman________ (December 31, 2026) NOMINATION: Mayor Pro Tem Rubalcava nominated Michelle Lieberman. ROLL CALL VOTE: 6-0. Nomination approved. Senior Citizen Commission (1 appointment) District 3 appointment:_____Kandee Beas_________ (December 31, 2026) NOMINATION: Mayor Pro Tem Rubalcava nominated Kandee Beas. ROLL CALL VOTE: 6-0. Nomination approved. 7 January 24, 2023 13. Consider an appointment to fill the District 4 City Council vacancy. I. Candidate Opening Statements II. City Council Questions/Answers with Candidates III. Public Comment District 4 City Council Member appointment: ___Norma Campos Kurtz___ (November 2024) Item No. 13 Candidate Opening Statements by 13 candidates. Following the opening statements, City Council selected six candidates to participate in the Questions/Answers portion of the meeting. Council Member Meeks selected Linda Newby, Council Member Faessel selected Norma Campos Kurtz, Mayor Pro Tem Rubalcava selected David Flores, Council Member Leon selected Lisa Drake, Council Member Diaz selected Yudy Morales- Salazar, and Mayor Aitken selected Annemarie Randle-Trejo. City Council conducted questions/answers with the six candidates. Public Comments by 11 speakers. Discussion. NOMINATION: Mayor Aitken nominated Annemarie Randle-Trejo. ROLL CALL VOTE: 2-3-1 (AYES: Mayor Aitken and Council Member Leon; NOES: Mayor Pro Tem Rubalcava and Council Members Diaz and Meeks; ABSTAIN: Council Member Faessel). Nomination failed. NOMINATION: Council Member Leon nominated Lisa Drake. ROLL CALL VOTE: 1-3-2 (AYES: Council Member Leon; NOES: Mayor Pro Tem Rubalcava and Council Members Diaz and Meeks; ABSTAIN: Mayor Aitken and Council Member Faessel). Nomination failed. NOMINATION: Council Member Diaz nominated Yudy Morales-Salazar. ROLL CALL VOTE: 3-1-2 (AYES: Council Members Diaz, Leon, and Meeks; NOES: Mayor Pro Tem Rubalcava; ABSTAIN: Mayor Aitken and Council Member Faessel). Nomination failed. NOMINATION: Council Member Faessel nominated Norma Campos Kurtz. ROLL CALL VOTE: 5-0-1 (AYES: Mayor Aitken and Council Members Rubalcava, Leon, Faessel, and Meeks; ABSTAIN: Council Member Diaz). Nomination approved. At 10:24 P.M., Mayor Aitken recessed to Closed Session and reconvened the Anaheim City Council at 11:20 P.M. 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 Diaz congratulated Assistant City Clerk Jennifer Hall. Council Member Leon congratulated Assistant City Clerk Jennifer Hall on her new opportunity and thanked all the residents, particularly from District 4, for participating in the Council appointment process. 8 January 24, 2023 COUNCIL AGENDA SETTING: Council Member Leon requested an agenda item at the next meeting regarding a Tech Scholars Program. Mayor Pro Tem Rubalcava requested an overview/update regarding the Police Review Board, an update on the operational status of parks with potential action by Council, and consideration of the resolution regarding Iran as noted by several public comment speakers and as approved by the City of Orange and forwarded to the City Clerk for reference. ADJOURNMENT: 11:24 P.M. in memory of the victims of recent mass shootings, Jack Johnson, Rob Hunter, and Jess Saenz Next regular City Council meeting is scheduled for February 7, 2023. All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net/councilagendas, and the Central Library. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 during regular business hours and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, by telephone at (714) 765-5166, or via email to cityclerk@anaheim.net, no later than 8:00 AM on the day of the scheduled meeting. TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist, the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. For translation services in other languages, contact the City Clerk’s office no later than 48 hours prior to the scheduled meeting. VIEW CITY COUNCIL MEETINGS LIVE AND ARCHIVED: Anaheim City Council meeting videos can be viewed live on the City’s website at www.anaheim.net/councilvideos. 9 January 24, 2023 POSTING STATEMENT: On January 19, 2023, 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.