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02/15/2022ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF FEBRUARY 15 2022 The regular meeting of February 15, 2022 was called to order at 3:00 P.M. and adjourned to 4:30 P.M. for lack of a quorum. The regular adjourned meeting was called to order at 4:32 P.M. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Blvd. The meeting notice, agenda, and related materials were duly posted on February 10, 2022. MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Jose Diaz, Gloria Ma'ae, and Stephen Faessel. Mayor Pro Tern Trevor O'Neil and Council Member Jose F. Moreno joined the meeting during Closed Session. MEMBERS ABSENT: Council Member Avelino Valencia STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEM: None CLOSED SESSION: At 4:33 P.M., Mayor Sidhu recessed to closed session for consideration of the following: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Hewitt v. City of Anaheim; Orange County Superior Court Case No. 30-2020- 01146653 At 5:00 P.M., Mayor Sidhu reconvened the City Council. MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Trevor O'Neil, Jose Diaz, Gloria Ma'ae, Jose F. Moreno, and Stephen Faessel. Council Member Avelino Valencia joined the meeting at 5:16 P.M. INVOCATION: Pastor Mike McNeff, Magnolia Baptist Church FLAG SALUTE: Council Member Stephen Faessel Acceptance of Other Recognitions (To be presented at a later date): Recognizing February 17, 2022, as Random Acts of Kindness Day Recognizing February 20 — 26, 2022, as National Engineers Week City Engineer Carlos Castellanos accepted a proclamation declaring February 20-26, 2022 as National Engineers Week on behalf of all engineers serving the City in Planning and Building, Public Utilities, and Public Works. He reported this year's theme, "Recognizing the Possible," recognizes how engineers create new possibilities. He stated the City recognizes engineers and helps students by hosting college and high school interns, attending career fairs, job shadowing, mentoring, City Council Minutes of February 15, 2022 Page 2 of 11 promoting Science, Technology, Engineering, and Mathematics (STEM), and sharing their stories, in hopes of inspiring the next generation. He reported jobs for civil engineers in California are expected to increase by 6.4% between 2018 and 2028, creating 3,300 jobs. He encouraged residents interested in an engineering career to reach out for advice and provided his phone number and email. ADDITIONS/DELETIONS TO THE AGENDAS: City Clerk Theresa Bass reported the noticed TEFRA Public Hearing Item No. 21 was withdrawn at the request of the developer. PUBLIC COMMENTS [all agenda items]: City Clerk Theresa Bass reported that a total of two (2) public comments were received electronically prior to 2:30 P.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of 2 public comments were received electronically, distributed to the City Council, and made part of the official record]. — See Appendix. Prior to receipt of public comments, an outline of rules for public comments and a brief decorum statement was provided by Ms. Bass. Cecil Jordan Corkern, Outreach Homeless Ministries, read from the Bible, reported the Walt Disney Company was caught in the Supreme Court of the United States, and announced that the next meeting would be on March 1. He stated he collected the history of those who created the Walt Disney Company's theme parks and reported there is pornography in Pixar Animation Studios' films. He stated he prays for the Council every day. Mark Richard Daniels celebrated the Los Angeles Rams' Super Bowl championship. He reported Disneyland has removed its mask mandate and noted Mayor Pro Tern O'Neil was not wearing a mask. He called for more transparency in the City, expressing concerns about losing the public's trust. He stated the public would always eventually see things the government is hiding. He called for an opening of the books to understand what the public needs to see to maintain the trust that led to each of their elections. Mike Robbins discussed corporatocracy as a political system and stated wealthy individuals and billion -dollar corporations are a danger to society. He accused Mayor Sidhu, Mayor Pro Tern O'Neil, and Council Members Faessel, Valencia, Diaz, and Ma'ae of being traitors. He reported they collectively received millions of dollars in bribes to buy their allegiance to the anti -democracy corporatocracy. He lauded the benefits of democracy in a healthy and independent society, but believed those ideals were imaginary in Anaheim. He stated Anaheim's elections are manipulated by greed and a lack of integrity and do not supply the public with confidence in the leadership of its institutions. Jeannine Robbins noted another day seemed to bring another lawsuit for the City with the latest coming from Grandma's House of Hope, an operator of transitional houses for formerly -homeless women. She stated the property in question was perfect for Grandma's House of Hope's proposal and reported local realtor Paul Kott and Assembly Member Tom Daly mobilized neighborhood residents to object the project with hatred and prejudice. She noted many residents previously complained about an oversaturation of short-term rentals but noted this problem leads back to the Council Members who are influenced by short-term rental owners. She questioned why Grandma's House of Hope applied for a Conditional Use Permit (CUP) since she believed it is not required by State law, but provided the Council an opportunity to deny the project. She stated Mayor Sidhu and City Council Minutes of February 15, 2022 Page 3 of 11 City Attorney Rob Fabela have superseded State laws to make their own laws. She stated she is rooting for Grandma's House of Hope so the facility can do so much good and expressed hope that the operator gets a large settlement from the City, despite the fact that residents like herself would foot the bill for the Council's illegal actions. Eric Sauvey noted several Council Members were not paying attention to previous speakers. He expressed concerns about street racing in District 2. He thanked Council Member Ma'ae for forwarding his email to the Anaheim Police Department (APD), and receiving a response. He stated he was worried about the late -night situation at the Starbucks Coffee location at the corner of Ball Road and Brookhurst Street. He reported a race on January 30 with a City of Santa Ana police officer in attendance who said they do not have enough people to control these situations and acknowledged he was afraid of the situation that could occur if he went in alone. He stated this speaks terribly of his neighborhood. He called for a good place to live, safety, and a good night's sleep, adding this should not be too much to ask for. He stated the initial response he received from APD about enforcement was abrupt and rude. Mayor Sidhu requested Mr. Sauvey and Police Chief Jorge Cisneros meet in the back of the Council Chambers to see how the APD could help. Wes Jones stated it was humorous that the City sent out a message with Mayor Sidhu supporting the Los Angeles Rams, noting the team name of the Anaheim Angels being renamed the Los Angeles Angels. He reported seeing Council Members at a recent groundbreaking for a new homeless shelter but noted former Mayor Tom Tait was not invited despite all he had to do for the shelter. He added neither himself nor any other members of the Anaheim People's Homeless Task Force were invited, and believed it was a shame because there would be no shelters without their lawsuits. He stated the Council only approved a shelter to get numbers low enough where the Police cold start pushing the homeless around again. Vance Dizney congratulated the Anaheim cheerleaders for Women's Appreciation Month. He displayed architectural schematics of his idea for an adjustable center divider on the City's freeways with a high -voltage arc system that prisoners can work on. He reported the City of Los Angeles would be promoting this design. Bryan Kaye thanked Council Member Faessel for his greeting from a parade float. He alleged the Police Department uses racial slurs, demeaning the City's commemoration of National Holocaust Day and Black History Month. He called for a better response to racism, reporting a Pennsylvania city's entire fire department is on a 30-day hold due to the use of racist language. He spoke of reliving physical and mental trauma inflicted on him by the Police Department. Vern Nelson questioned if Mr. Fabela or the Council Members, other than Council Member Moreno, have read the Brown Act. He quoted the Brown Act about disclosure of confidential information from a Closed Section as it relates to illegal actions and believed the Council disdains both the residents and the law. He questioned why Anaheim is the only Orange County city without video-conferenced meetings or at least a hybrid model when it has more money than the other cities. He reported the giveaway of Angel Stadium is Mayor Sidhu's payback to those who got him elected in 2018. Kenneth Batiste reported the value of the Los Angeles Rams franchise increased by almost $2 billion after the construction of SoFi Stadium even without half of the parking space the Los Angeles Angels would be receiving through the $150,000,000 Angel Stadium deal. He believed the stadium deal was fishy. He alleged Mayor Sidhu announces his decisions by reading scripted, pre -written statements before hearing what residents think. He questioned whether Mayor Sidhu could speak to residents City Council Minutes of February 15, 2022 Page 4 of 11 without a pre -written statement and added he has no business serving as Mayor if this was the case. He called on Mayor Sidhu to resign. Mr. Batiste stated lawsuits are the only thing the Council Members will listen to, reported the lawsuits would cost every resident $1,000, and stated the Council is selling out its residents. CITY MANAGER'S UPDATE: City Manager Jim Vanderpool congratulated Price and Schweitzer Elementary Schools for winning the Anaheim Public Utilities Sustainable School Award, as both demonstrated a commitment to efficiency improvements and STEM curriculum on their campuses. He noted the selections were made by a sub -committee of the Public Utilities Board and that both schools received 30 Energy Star Chromebooks for use by their students. He announced a partnership between the Anaheim Public Library and the Anaheim Workforce Connection to hold a recruitment event for United States Postal Service jobs at the Central Library on February 24, 11:00 A.M. — 3:00 P.M. He also announced a partnership between the City's Human Resources Department and Cal State Fullerton to have two City employees participate in a Leadership Development Cohort Program, where they would receive a certificate, experience networking opportunities, and develop skills to assist their career and the City. He recognized East Anaheim Girl Scout Troop 5175 for touring the Main Police Station, Dispatch and SWAT vehicle with the East Community Policing Team and Patrol 1. CONSENT CALENDAR: At 5:42 P.M., the Consent Calendar was considered with Council Member Moreno pulling Item No. 17 for separate discussion and consideration. MOTION: Mayor Pro Tern O'Neil moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar, in accordance with reports, certifications, and recommendations furnished each City Council Member and as listed on the consent calendar, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. B105 1. Receive and file minutes of the Library Board meeting of December 13, 2021 and the Public Utilities Board meeting of December 15, 2021. E157 2. Receive and file the 2021 Registered Lobbyist Annual Report. D180 3. Authorize an increase to the annual spending limit with Iron Mountain Records Management, Inc., increasing the original amount of $100,000 by $75,000 for a new annual not to exceed amount of $175,000, for services related to the offsite storage of City records to support the Housing and Community Development Department project to retrieve, refile, and destroy older Housing Authority documents; and authorize the Purchasing Agent to increase the annual cost to cover the cost of any similar projects in the future if necessary. D180 4. Accept the bid of Chameleon Beverage Company, in the amount of $55,883.52 plus a 20% contingency, for the purchase of bottled drinking water for the Public Utilities Department for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9564. City Council Minutes of February 15, 2022 Page 5 of 11 AGR-13342 5. Rescind the contract awarded to Herman Weissker Power, Inc. on December 7, 2021 for the Overhead Electric Reliability Improvement FY21/22 Project (Project); award a new contract for the Project to the second lowest responsible bidder, Hampton Tedder Electric Company, in the amount of $10,993,319.86; authorize the Director of Public Works to execute the contract and related documents, and to take the necessary actions to implement and administer the contract; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. AGR-13343 6. Rescind the contract awarded to Minako America Corporation dba Minco Construction on November 2, 2021 for the Miscellaneous Water Vault Nos. 10, 25, 49, and 94 Rehabilitations Project; award a new construction contract for the project to the lowest responsible bidder, Arnaz Engineering Contractors, Inc., in the amount of $962,470; authorize the Director of Public Works to exeScute the contract and related documents and to take the necessary actions to implement and administer the contract; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. AGR-13344 7. Award the contract to the lowest responsible bidder, PALP, Inc. dba Excel Paving Company, in the amount of $2,299,801.50, for the Alley Sanitary Sewer Improvements Project 2020 in the alley east of Sabina Street from North Street to Sycamore Street, the alley east of Topeka Street from North Street to Wilhelmina Street, and North Street from east of Sabina Street to east of Pauline Street; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine that the project is categorically exempt from the California Environmental Quality Act pursuant to Class 3, Section 15303 (d) (New Construction) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 8. Award the contract to the lowest responsible bidder, PALP, Inc. dba Excel Paving Company, AGR-13345 in the amount of $16,997,978.84, for the Orangewood Avenue Improvements Project from State College Boulevard to the Santa Ana River; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. AGR-13346 9. Award the construction contract to the lowest responsible bidder, Allison Mechanical, Inc., in the amount of $5,096,259, for the Base Bid and Additive A for the construction of Heating, Ventilation, and Air Conditioning Rehabilitation and Replacement at the Anaheim West Tower; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine 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. AGR-13347 10. Award the construction contract to the lowest responsible bidder, Allison Mechanical, Inc., in the amount of $5,096,259, for the Base Bid and Additive A for the construction of Heating, Ventilation, and Air Conditioning Rehabilitation and Replacement at the Anaheim West Tower; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine 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 City Council Minutes of February 15, 2022 Page 6 of 11 authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. AGR-13348 AGR-13349 11, Approve Professional Services Agreements with 18 consultants, each in an amount not to AGR-13350 exceed $100,000 Work OrdPackage Request and a total contract amount not to AGR-13351 per Order acga or Q AGR-13352 exceed $1,500,000 per contract year per consultant, for as -needed consulting and AGR-13353 engineering services to support the Public Works Department, Development Services Section AGR-13354 each for a two year term, with three one-year optional renewals; authorize the Public Works AGR-13355 Director to execute each agreement and to take the necessary actions to implement and AGR-13356 administer the agreements; and authorize de minimis changes that do not substantially AGR-13357 change the terms and conditions of the Agreements, so long as such changes are determined AGR-13358 AGR-13359 to be de minimis by the City Attorney (Albus-Keefe & Associates, Inc., Cannon Corporation, AGR-13360 Cho Design Associates, Inc., Coast Surveying, Inc., CSG Consultants, Inc., D. Woolley & AGR-13361 Associates, Inc., DSL Consulting, Inc., Geo-Advantec, Inc., GMU Geotechnical, Inc., Harris & AGR-13362 Associates, Inc., HR Green Pacific, Inc., IMEG Corp, Inc., Johnson -Frank & Associates, Inc., AGR-13363 Moran Consulting Corporation, PSOMAS, RICK ENGINEERING COMPANY, Shamrock AGR-13364 Surveying, Inc., and Willdan Engineering). AGR-13365 AGR- 12. Approve the First Amendment to Agreement with Woodard & Curran, Inc. for engineering 11738.1 services for the Knollwood Circle Sewer Improvement Project, increasing the original agreement by $146,000 for a not to exceed amount of $535,000, and authorize the Director of Public Works to execute the amendment and to take the necessary actions to implement and administer the amended agreement. 13. RESOLUTION NO. 2022-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY R100 OF ANAHEIM adopting a Notification of Intent to Comply (NOIC) with California Senate Bill 1383 Organic Waste Recycling Regulations and authorize the Director of Public Works to submit the NOIC to the State of California Department of Resources Recycling and Recovery (CalRecycle) for approval. 14. RESOLUTION NO. 2022-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY R100 OF ANAHEIM authorizing the Director of Community Services or designee to submit an application on behalf of the City of Anaheim to the California Department of Parks and Recreation for funding necessary for the new River Park Project and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly; and determining that this resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of Title 14 of the California Code of Regulations (grant funds in the approximate amount of $1,900,000). 15. RESOLUTION NO. 2022-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY R100 OF ANAHEIM authorizing persons holding designated positions to execute Emergency AGR-13373 Management and Homeland Security Grant Documents for and on behalf of the City of Anaheim for the purpose of obtaining certain federal financial assistance and/or state financial assistance and rescinding Resolution No. 2021-011. Authorize the Fire Chief to execute the Standard Assurances agreement for State of California Governor's Office of Emergency Services Federal Non -Disaster Grant Programs. City Council Minutes of February 15, 2022 Page 7 of 11 D154 16. RESOLUTION NO. 2022-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2021-122, as amended, for the purpose of creating, deleting and/or modifying certain classifications, rates of compensation, and pay policies for classifications designated as Non -Represented Part -Time and clarify authority for publication of previously adopted pay changes (effective the pay period beginning February 18, 2022). M142 18. ORDINANCE NO. 6526 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM C280 amending Chapters 18.04 (Single -Family Residential Zones); 18.06 (Multiple -Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.14 (Public and Special -Purpose Zones); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.40 (General Development Standards); 18.42 (Parking and Loading); 18.46 (Landscaping and Screening); 18.62 (Administrative Reviews); 18.92 (Definitions); 18.110 (East Center Street Development Specific Plan (SP 90-2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code; and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3) because it will not have a significant effect on the environment (Zoning Code Amendment No. 2021-00179) (Adjustment No. 3 to the East Center Street Development Specific Plan No. 90-2 (SP 90-2) (SPN90-2c)) (DEV2021-00138) (Code Streamlining and Improvement Program) (introduced at the City Council meeting of February 1, 2022, Item No. 3). D114 19. Approve minutes of the City Council meetings of July 13, 2021, July 20, 2021, and August 10, 2021. END OF CONSENT CALENDAR: D182 17. RESOLUTION NO. 2022-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the rates, rules and regulations, which do not materially increase rate -related revenues, for the sale and distribution of electricity as adopted by Resolution No. 71R-478 and most recently amended by Resolution No. 2021-013 and determining that said actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and Sections 15061(b)(3) and 15273(a) of Title 14 of the California Code of Regulations. RESOLUTION NO. 2022-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the rates, rules and regulations, which do not materially increase rate -related revenues, for the sale and distribution of water as adopted by Resolution No. 72R-600 and most recently amended by Resolution No. 2021-012 and determining that said actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and Sections 15061(b)(3) and 15273(a) of Title 14 of the California Code of Regulations. Mayor Sidhu reported this item updates Anaheim Public Utility (APU) rates and offers residents a voluntary new green power option. He added it would be open to residents and businesses without impacting the balance of ratepayers. He added it would also change billing for 800 customers on time -based schedules and APU does not plan to impose Time of Use (TOU) rates like investor -owned utilities. He added it would also allow APU to remotely connect and disconnect automated meters as they are implemented allowing for better efficiency, especially in high -turnover apartments. He expressed his support for the item. City Council Minutes of February 15, 2022 Page 8 of 11 Council Member Moreno reported receiving last-minute questions from residents about the item's impact on rates. He commended APU for transitioning to more sustainable power sources with lower rates. He added individually switching to residential solar makes little fiscal sense because APU's rates are already so low. Public Utilities General Manager General Manager Dukku Lee reported the proposal is to modify APU's rates, rules, and regulations to allow for more service offerings and keep pace with industry practices allowing customers flexibility and additional options. He added there were no protests when the proposal was presented at the Public Utilities Board's public meeting on January 26, 2022. Mr. Lee reported that as APU becomes more sustainable and the power grid evolves, it has to keep pace with peak demands which now fall later in the year and during the evening hours. He added this proposal would not increase the per -unit charges but adjusts the peak period from 1:00-5:00 P.M, to 4:00-9:00 P.M. due to solar dropping off in the early evening. He added the summer months schedule would shift from June -September to July -October. Mr. Lee reported APU is investing in more modern metering technology for improved data collection and outage notifications with the added benefit of reducing vehicular trips and entry to customers' yards. He added this reflects the increasingly automated nature of the industry. He added this would not reduce staffing but would offer APU staff flexibility in its ability to help customers through means like weekend remote connections for apartment move -ins. Mr. Lee added APU is offering residents and businesses an option to accelerate their adoption of renewable energy by voluntarily paying an additional amount on their bills. He added the proposal is structured to accommodate those interested without impacting the balance of customers. He added there would be a period for APU to procure the amount of renewable energy requested by customers. He reported APU has heard from customers, although not the majority of them, interested in moving beyond the State mandates and increasing APU's current portfolio of 35% renewable energy. He added this would allow APU the ability to procure additional renewable energy on their behalf, getting those customers to 60% or 100% renewable energy. DISCUSSION: Council Member Moreno appreciated APU's efficiency and forward -thinking. He added no rates would be affected and this was publicly noticed before the Public Utilities Board's hearing. He added this was an example of how having a publicly -owned utility benefits residents. In response to Council Member Moreno's inquiry, Mr. Lee stated APU offers a free service where a contractor will go to a customer's home or business to identify consumption patterns and provide recommendations to lower their bills. He stated residents can do one every five years and recommended the service, emphasizing that it is free. Council Member Moreno noted because APU is a public utility, every fee is reinvested in APU and not directed to shareholders. He stated the shareholders are the residents and Anaheim businesses benefit from APD's low rates. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2022-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the rates, rules and regulations, which do not materially increase rate -related revenues, for the sale and distribution of electricity as adopted by Resolution No. 71 R-478 and most recently amended by Resolution No. 2021-013 and determining that said actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and Sections 15061(b)(3) and 15273(a) of Title 14 of the California Code of Regulations; and RESOLUTION NO. 2022-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the rates, rules and City Council Minutes of February 15, 2022 Page 9 of 11 regulations, which do not materially increase rate -related revenues, for the sale and distribution of water as adopted by Resolution No. 72R-600 and most recently amended by Resolution No. 2021- 012 and determining that said actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and Sections 15061(b)(3) and 15273(a) of Title 14 of the California Code of Regulations, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried B105 20. District 2 appointment of an unscheduled vacancy on the Public Utilities Board to serve a term ending December 31, 2022. Public Utilities Board District 2 appointment: Anh Pham (December 31, 2022) (unscheduled vacancy, Rudolfo "Rudy" Gaona) NOMINATION: Council Member Ma'ae nominated Ahn Pham. DISCUSSION: In response to Council Member Moreno's inquiry, Council Member Ma'ae confirmed Ms. Pham lives in District 2. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, Faessel); NOES — 0. Nomination approved. PUBLIC HEARING: 21. Public hearing withdrawn at the request of the developer. This is a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986, as amended, to consider a proposed plan financing providing for the issuance by the California Municipal Finance Authority (CMFA) of qualified 501(c)(3) bonds, as defined in Section 145 of the Code, for one or more series of housing revenue bonds issued from time to time in an aggregate principal amount not to exceed $90,000,000 (Bonds) for the acquisition, rehabilitation, improvement and equipping of an existing 196-unit senior multifamily rental housing project commonly called Heritage Village Anaheim Apartments that is located at 707 West Santa Ana Street, Anaheim, California. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non -agenda items): None COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Moreno thanked the Community Services Department and other departments who participated in the Districts 3 and 4 Neighborhood Services meeting. He reported the February 12 launch of the Anaheim Public Library's Anaheim Reads 2022 program through March 15, focused on Vietnam. He provided updates on the Northeast Colony Improvements Project, thanked staff for their outreach and funding efforts, and noted construction runs from November through the spring. He noted his attendance last Friday with Council Member Ma'ae at the Anaheim Union High School District's (AUHSD) Black History Month celebration at Kennedy High School and acknowledged City Council Minutes of February 15, 2022 Page 10 of 11 AUHSD staff. He thanked Dwayne Shipp for his efforts in continuing the Black History Parade and Festival in Anaheim. Regarding street racing, Council Member Moreno requested an agendized workshop or presentation on the City's efforts to combat street racing and an update on the implementation of the street -racing ordinance, concurred by Council Member Valencia (request failed for lack of second concurrence). He requested an individual briefing on the topic from the City Manager and Police Chief. He reported the court hearing for the People's Homeless Task Force case regarding the Brown Act and the sale of Angel Stadium was postponed to March 2, 2022 at 10:00 A.M. and reiterated that he stands by his provided statements. Council Member Diaz thanked the Community Services Department for the Districts 1 and 2 Neighborhood Services Meeting and suggested they always be combined in the future. He announced a workshop regarding Beach Blvd. is scheduled for February 22 at 6:00 P.M. at the West Anaheim Youth Center. He thanked Vietnamese students for including him in a TET Festival event. He reported that last Tuesday he was invited by local ironworkers to their training facility in Orange County and noted he was impressed with their efforts. He noted February 20-26 was recognized as National Engineers Week and acknowledged the many contributions of engineers to the City and its residents. Council Member Ma'ae thanked Mr. Sauvey for coming to speak about street racing concerns. She thanked staff for the Districts 1 and 2 Neighborhood Services Meeting. She displayed photographs of her office's partnership with Love Anaheim to distribute masks and COVID-19 tests and a pop-up event with Anaheim Public Utilities to distribute dusk -to -dawn lighting and other materials. She reported her attendance with Mayor Sidhu and Council Member Diaz at the grand opening of Al Amira Jewelry in the Brookhurst corridor, the Black History celebration at Kennedy High School, and the Black History Parade. Council Member Faessel requested the meeting adjourn in memory of three individuals: Vernon McDonald, 97-year-old father of Bobby McDonald, Buffalo Soldier, and 72-year IBEW member; Ernest Diaz, 1950 Anaheim High School alumnus and community volunteer; and Richard Benbow, Anaheim resident and electrical supply business owner. He thanked the Public Works and Public Utilities Departments for the street and sidewalk repairs across District 5. He reported he welcomed Mexican diplomat, Karen Michelle Gonzalez Marquez, from Guanajuato a few weeks ago. He reported his participation in the Black History Parade, a senior art event at the El Verano and Rockwood housing projects, and the Anaheim Reads kick-off event. He announced the Districts 5 and 6 Neighborhood Services Meeting to be held on February 16 at 7:00 P.M. and Youth in Government Day to be held virtually on February 23. Council Member Valencia hoped everyone had a wonderful Valentine's Day, thanked the Anaheim Police Department for conducting a meet -and -greet for students at Paul Revere Elementary School, and thanked staff for sharing good information at the Districts 3 and 4 Neighborhood Services Meeting. Mayor Sidhu addressed an op-ed piece he authored in the Orange County Register and encouraged everyone to continue to follow precautions to fight COVID-19 and stay safe. City Council Minutes of February 15, 2022 Page 11 of 11 ADJOURNMENT: At 6:20 P.M., with no further business before the Council, Mayor Sidhu adjourned the meeting in memory of Vernon Donald, Ernest Diaz, and Richard Benbow. tfully submitted, Ther sa Bass, CMC City Clerk r,. PublicComment From:Erik Sauvey <eriksauvey@prodigy.net> Sent:Saturday, To:Public Comment Subject:\[EXTERNAL\] Street Racers Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Iwould liketospeak with theCity Counsel about thestreet racing issue inmyneighborhood. Thank you, Erik Sauvey 1 PublicComment From:Theresa Bass Sent:Tuesday, February 15, 2022 10:25 AM To:Public Comment Subject:FW: \[EXTERNAL\] This bill authorizes local authorities to implement a "Slow Streets Attachments:20210AB773_96.pdf; 202120220AB773_Senate Transportation.pdf From: craig a. durfey < Sent: Tuesday, February 8, 2022 5:42 PM To: 'Public Records Request' <cityclerk@ggcity.org>; PublicComment@sdcounty.ca.gov; publicworks@ggcity.org; 'Teresa Pomeroy' <teresap@ggcity.org>; 'Gabriela Mafi' <gmafi@ggusd.us>; walter.muneton@ggusd.us; DIANA.LARA@sen.ca.gov; 'Dina Nguyen' <dina.nguyen@ggusd.us>; 'COB_Response' <response@ocgov.com>; OCMentalHealthBoard@ochca.com; ocbe@ocde.us; 'LanNguyen' <lan.nguyen@ggusd.us>; bob.harden@ggusd.us; stevej' <stevej@garden-grove.org>; stephaniek@garden-grove.org; 'George Brietigam' <georgeb@ggcity.org>; thuhan@ggcity.org; KIMN@ggcity.org; Jose Moreno <JMoreno@anaheim.net>; Theresa Bass <TBass@anaheim.net>; cm@cityofirvine.org; SENATOR.GONZALEZ@senate.ca.gov; assemblymember.odonnell@assembly.ca.gov; Assemblymember.Davies@assembly.ca.gov; assemblymember.quirk-silva@assembly.ca.gov; Assemblymember.Nguyen@assembly.ca.gov; Christopher.Aguilera@asm.ca.gov; 'Senator Umberg' Senator.Umberg@outreach.senate.ca.gov> Subject: \[EXTERNAL\] This bill authorizes local authorities toimplement a "Slow Streets Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. 02-08-2022 P.R.D.D.C.) PARENTS FORTHE RIGHTSOFDEVELOPMENTALLY DISABLED CHILDREN CRAIGA. DURFEYFOUNDER OFP.R.D.D.C. GARDEN GROVE, CA92842 CELL SOCIALEMOTIONALPAWS.COM FACEBOOK: CRAIGDURFEY U.S. HOUSE OFCONGRESS H2404 - HONORING CRAIGDURFEY FOR HISFIGHT AGAINSTAUTISM Ms. LORETTA SANCHEZ ofCalifornia. https://www.govinfo.gov/content/pkg/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf new website socialemotionalpaws.org To whomitmayconcern. 1 CAStatepassed AB7732021istomakeiteasierforcitiestomaketheslowstreets Program,” asspecified, tocloseorlimitaccess tovehicular trafficoncertainneighborhood localstreets. Defines requirements fortheprogram includingpublic outreach andengagement.. Bill to Help Cities Make “Slow Streets” Permanent Moving in Assembly – Streetsblog California. ThankYou CraigADurfey 2 Assembly Bill No. 773 CHAPTER 587 An act to amend Section 21101 of the Vehicle Code, relating to streets. Approved by Governor October 6, 2021. Filed with Secretary of State October 6, 2021.] legislative counsel’s digest AB 773, Nazarian. Street closures and designations. Existing law authorizes local authorities to adopt rules and regulations by ordinance or regulation for highways under their jurisdiction if specified criteria are met. Under existing law, authorized actions by local authorities include permanent or temporary highway or street closures under certain conditions and the designation of a highway as a through highway. This bill would authorize a local authority to adopt a rule or regulation by ordinance to implement a slow streets program, which may include closures to vehicular traffic or through vehicular traffic of neighborhood local streets with connections to citywide bicycle networks, destinations that are within walking distance, or green space. The bill would require the local authority to meet specified conditions to implement a slow street, including a determination that closure or traffic restriction is necessary for the safety and protection of persons using the closed or restricted portion of the street, conducting an outreach and engagement process, and clearly designating the closure or traffic restriction with specific signage. The people of the State of California do enact as follows: SECTION 1. Section 21101 of the Vehicle Code is amended to read: 21101. Local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution, except as provided in subdivision (f), on the following matters: a)Closing any highway to vehicular traffic when, in the opinion of the legislative body having jurisdiction, the highway is either of the following: 1)No longer needed for vehicular traffic. 2)The closure is in the interests of public safety and all of the following conditions and requirements are met: A)The street proposed for closure is located in a county with a population of 6,000,000 or more. B)The street has an unsafe volume of traffic and a significant incidence of crime. C)The affected local authority conducts a public hearing on the proposed street closure. 96 D)Notice of the hearing is provided to residents and owners of property adjacent to the street proposed for closure. E)The local authority makes a finding that closure of the street likely would result in a reduced rate of crime. b)Designating any highway as a through highway and requiring that all vehicles observe official traffic control devices before entering or crossing the highway or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to the intersection. c)Prohibiting the use of particular highways by certain vehicles, except as otherwise provided by the Public Utilities Commission pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code. d)Closing particular streets during regular school hours for the purpose of conducting automobile driver training programs in the secondary schools and colleges of this state. e)Temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. f)Implementing a slow streets program. For purposes of this section, a slow streets program” may include closures to vehicular traffic or through vehicular traffic of neighborhood local streets with connections to citywide bicycle networks; destinations, such as a business district, that are within walking distance; or green space. A local authority may implement a slow streets program by adopting an ordinance that provides for the closing of streets to vehicular traffic or limiting access and speed on a street using roadway design features, including, but not limited to, islands, curbs, or traffic barriers. A local authority may implement a slow streets program if it meets all of the following requirements: 1)Conducts an outreach and engagement process that includes notification to residents and owners of property abutting any street being considered for inclusion in the slow streets program. 2)Determines that the closure or traffic restriction leaves a sufficient portion of the streets in the surrounding area for other public uses, including vehicular, pedestrian, and bicycle traffic. 3)Provides advance notice of the closure or traffic restriction to residents and owners of property abutting the street. 4)Clearly designates the street closure or traffic restriction with signage in compliance with the California Manual on Uniform Traffic Control Devices. 5)Determines that the closure or traffic restriction is necessary for the safety and protection of persons who are to use that portion of the street during the closure or traffic restriction. 6)Maintains a publically available internet website with information about its slow streets program, a list of streets that are included in the 96 2 — Ch. 587 program or are being evaluated for inclusion in the program, and instructions for participating in the public engagement process. g)Prohibiting entry to, or exit from, or both, from any street by means of islands, curbs, traffic barriers, or other roadway design features to implement the circulation element of a general plan adopted pursuant to Article 6 (commencing with Section 65350) of Chapter 3 of Division 1 of Title 7 of the Government Code. The rules and regulations authorized by this subdivision shall be consistent with the responsibility of local government to provide for the health and safety of its citizens. O 96 Ch. 587 — 3 — SENATE COMMITTEE ON TRANSPORTATION Senator Lena Gonzalez, Chair 2021 - 2022 Regular Bill No: AB 773 Hearing Date: 7/13/2021 Author: Nazarian Version: 7/5/2021 Urgency: No Fiscal: No Consultant: Melissa White SUBJECT: Street closures and designations DIGEST: This bill authorizes local authorities to implement a “Slow Streets Program,” as specified, to close or limit access to vehicular traffic on certain neighborhood local streets. Defines requirements for the program including public outreach and engagement. ANALYSIS: Existing law: 1) Prohibits a city or county from enacting or enforcing any ordinance or resolution on matters covered by the California Vehicle Code unless expressly authorized by that code. 2) Allows local authorities, for those highways under their jurisdiction, to adopt rules and regulations by ordinance or resolution on a number of matters, including: a) Closing any highway to vehicular traffic in certain circumstances , including it is no longer needed for vehicular traffic or the closure is in the interest of public safety, as specified. b) Designating any highway as a through highway, as specified . c) Prohibiting the use of particular highways by certain vehicles, as specified. d) Closing particular streets during regular school hours for the purpose of conducting automobile driver training programs, as specified. e) Temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes, when local authorities designate the AB 773 (Nazarian) Page 2 of 7 closing as necessary for the safety and protection of persons who are to use that portions of the street during the closure. f) Prohibiting entry to, or exit from, any street by means of islands, curbs, traffic barriers, or other roadway design features to implement the circulation element of a general plan. This bill: 1) Defines a “Slow Streets Program” to include closures to vehicular traffic or through vehicular traffic of neighborhood local streets with connections to citywide bicycle networks ; destinations , such as a busines s district, within walking distance; or green space. 2) Authorizes a local authority to implement a Slow Streets program by adopting an ordinance that provides for the closing of streets to vehicular traffic or limiting access and speed on a street using roadway design features, including, but not limited to, islands, curbs, or traffic barriers . 3) Requires a local authority to meet the following requirements to implement a Slow Streets program: a) Conduct an outreach and engagement process that includes notification to residents and owners of property abutting any street being considered for inclusion in the program. b) Determine that the closure or traffic restriction leaves a sufficient portion of the streets in the surrounding area for other public uses, including vehicular, pedestrian, and bicycle traffic. c) Provide advance notice of the closure or traffic restriction to residents and owners of property abutting the street. d) Clearly designate the street closure or traffic restriction with signage in compliance with the California Manual on Uniform Traffic Control Devices . e) Determine that the closure or traffic restriction is necessary for the safety and protection of persons who are to use that portion of the street during the closure or traffic restriction. f) Maintain a publically available internet website with information about its Slow Streets program, including a list of streets that are included in the AB 773 (Nazarian) Page 3 of 7 program or are being evaluated for inclusion in the program, and instructions for participating in the public engagement process. COMMENTS: 1) Purpose. According to the author, “S low Streets program has offered children, families, and constituents throughout the state of California the opportunity to play, exercise, and socialize, safely, in their own neighborhoods throughout the pandemic. Enacting AB 773 will give local communities the opportunity to have safer and more accessible streets that promote healthy neighborhood recreation, especially during the ongoing public health crisis as AB 773 authorizes local authority to make temporary slow streets permanent slow streets.” 2) What are slow streets? According to the National Association of City Transportation Officials (NACTO), slow streets reduce traffic volume and speed to a minimum so that people can walk, bike, and run safely. Slow streets typically involve the installation of temporary traffic barriers and “Local Traffic Only” signs or similar signage at main vehicle entry points, and the identification of stewards to take care of and monitor barricades. Slow streets allow local access, deliveries, and emergency vehicles. Both before and especially during the COVID-19 pandemic, cities globally as well as in California have initiated Slow Streets programs, which are generally focused on providing safe places for people to walk, cycle, skate, or otherwise get outside and exercise without having to worry about vehicular traffic at high speeds. 3) COVID -19 and Active Transportation . According to the California Transportation Plan 2050 (CTP 2050), a long range transportation plan developed by the California Department of Transportation (Caltrans) that provides a blueprint for the future of California transportation, “in the months following the outbreak of COVID-19, more Americans embraced active travel. California cities that typically have low bicycle ridership, such as Riverside and Oxnard, experienced a 90% to 125% increase in bicycle miles traveled. Stockton, Bakersfield, Fresno, Sacramento, and San Diego also experienced increases of more than 50%. Trends suggest that travelers shifted from transit to active travel when risks increased. In San Francisco, many residents who needed to make essential trips opted to walk or bike. Recreational biking and walking have also skyrocketed. The Rails -to -Trails Conservancy observed a 110% increase in trail use compared to the same period in 2019.” AB 773 (Nazarian) Page 4 of 7 4) California Cities Adopt Slow Streets Programs. In 2020, after Governor Newsom issued an emergency stay-at-home order for the state and required social distancing measures for protection from COVID-19, many cities in California moved to implement temporary Slow Streets programs to help facilitate alternative mobility and outdoor activity. These cities include Los Angeles, Sacramento, Oakland, and San Francisco, to name a few. Each city developed a unique program with common elements including a focus on neighborhood local streets and establishing network connections for better mobility. Local authorities either identified streets for possible inclusion in the program or asked for public nomination and input of streets to include. The local authorities would erect temporary barriers and signage on the slow streets to restrict them from traffic or thro ugh traffic and lower vehicle speeds. For example, Los Angeles launched its Slow Streets program in May 2020. Eligible organizations would nominate a small network of neighborhood streets to reduce and slow traffic. A network of eligible streets to be nominated must be approximately 1-3 miles in length, local or collector streets as identified by the city’s Mobility Plan 2035 that are primarily residential, and the road segments should be contiguous to one another and provide connections to nearby neighborhood destinations. After vetting applications, the Bureau of Street Services (StreetsLA) and the Los Angeles Department of Transportation (LADOT) deployed temporary signage at intersections advising drivers to slow down for people using the street to exercise. Slow Streets sponsors play an active role by communicating the project to their neighbors and ensuring barricades and signage are properly placed throughout the project. Local traffic and parking are still allowed on the streets. The city also focused on equity in its deployment of slow streets, noting, “Slow Streets L.A. set out with the goal to deploy 20 Slow Streets with at least five within communities most impacted by the lack of open space due to the pandemic. In Los Angeles, these are typically communities with high residential density, low access to traditional recreational opportunities, communities of color, and low income communities.” According to the city , demand for Slow Streets remains high with over 427 applications received to date. LADOT implemented approximately 50 miles of Slow Streets in 30 neighborhoods. In October 2020, the city reached capacity for the program and paused on implementing new slow streets, and are now focusing efforts and resources in enhancing the current network. AB 773 (Nazarian) Page 5 of 7 In launching its Slow Streets program, the City of San Francisco noted, “the goal of the Slow Streets program is to provide more space for socially distant essential travel and exercise during the COVID-19 pandemic. In order to support further reopening of the economy, we need to make San Francisco more welcoming and accessible for people who want to travel on foot, bicycle, wheelchair, scooter, skateboard or other forms of micro -mobility. Slow Streets are critical infrastructure that attracts users of the full array of neighbo rhood demographics —including children, older adults, people with disabilities and people of color.” Due to the popularity for the program, the city is now evaluating all of the streets in the network, with input from residents, to determine which streets could be made permanent. Like Los Angeles , San Francisco has developed criteria for its program. Specifically, the street must be a neighborhood residential street with low traffic volumes; have strong support from residents living both on the slow street and overall neighborhood ; have an identified local community partner group to support the slow street; be consistent with local plans, including the city’s bike network; and have traffic data evaluation to ensure the slow street does not have a negative impact on the surrounding transportation network. The city also maintains a pubic website with maps, details , and policies for the program, including opportunities for public feedback. 5) AB 773 keeps Slow Streets going. AB 773 would authorize local authorities to implement a permanent Slow Streets program to provide for the closure or restriction of vehicular traffic on neighborhood local streets. The streets eligible would provide connections to citywide bicycle networks ; destinations , such as business districts; and green space. The local authorities would have to adopt the program by ordinance, with requirements to define the program and facilitate pubic engagement. Specifically, the locality must determine the closure or restriction is necessary for the safety and protection on the people who are to use that portion of the street, determine that the closure or restriction leaves a sufficient portion of streets in the surrounding area for other public uses, such as vehicular traffic; and clearly designates the streets with state- approved signage. And to better engage the public, the locality must conduct an outreach and engagement process that at a minimum, includes notification to the residents and owners of property abutting any street being considered for inclusion in the program; provide advance notice of any closure or traffic restriction to residents and owners of abutting streets; maintain a public website with information AB 773 (Nazarian) Page 6 of 7 about the program, including a list of streets that are in the program or being considered and instructions for participating in the public engagement process. 6) Arguments in support. According to Los Angeles Mayor Eric Garcetti, the sponsor of the bill, “the City’s program launched in May 2020 and now has more than 50 miles of temporary Slow Streets across 30 neighborhoods. Each Slow Street is a partnership between the City and a local sponsor, with many Slow Streets located in low-income communities with dense housing and poor access to parks. The largest Slow Streets installation is in Koreatown, the densest neighborhood with the lowest park access per capita. Providing Angelenos access to safe spaces for fresh air has been essential to mental and physical health throughout the COVID-19 pandemic and community response to our program has been extremely positive. The Slow Streets installations have been imperative in reducing the spread of COVID-19 and ensuring community well-being. Under current law, Slow Streets programs must be temporary. However, due to the overwhelming demand for the installations, a permanent program would allow the City to develop a plan to reach more residents while still prioritizing their safety. Furthermore, the ability to restrict vehicle access, which requires authorization from the California Vehicle Code, would calm neighborhood - level traffic and improve safety. This bill would support our most vulnerable communities at this critical time without any fiscal impact on the State. AB 773 simply provides cities the opportunity to exercise traff ic control actions at their discretion and expense.” RELATED LEGISLATION: AB 61 (Gabriel, 2021) – Would extend certain COVID-19-related measures for the Department of Alcohol Beverage Control (ABC), to allow licensees to continue to exercise license privileges in an expanded licensed, and permitted food facility to continue to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit, as specified. AB 61 is pending in the Senate Health Co mmittee. FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, Wednesday, July 7, 2021 .) AB 773 (Nazarian) Page 7 of 7 SUPPORT: Activesgv, a Project of Community Partners City of Los Angeles City of San Carlos Destination: Pico Independent Hospitality Coalition League of California Cities Mayor Eric Garcetti, City of Los Angeles Streets for All OPPOSITION: None received END --