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03-09-21_Action with CommentsANAHEIM CITY COUNCIL ACTION AGENDA MARCH 9, 2021 ________________________________________________________________________________ SPECIAL NOTICE DURING COVID-19 PANDEMIC On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act- related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that some members of the Anaheim City Council may participate in this meeting telephonically. PUBLIC PARTICIPATION: Pursuant to Executive Order N-29-20 and given the current health concerns, members of the public are encouraged to access the meeting live on-line at www.anaheim.net/councilvideos and on Cable Channel 3.The following options are available to the public to correspond with the City Council, and all other related agencies, on any agenda items or matters within the jurisdiction of such governing bodies : 1) Members of the public can submit comments electronically for City Council consideration by sending them to publiccomment@anaheim.net. To ensure distribution to the City Council prior to consideration of the agenda, please submit comments prior to 3:00 P.M. the day of the meeting. Those comments, as well as any comments received after 3:00 P.M., will be distributed to the City Council, posted on the City’s website, and will be made part of the official public record of the meeting. Current and archived public comments are available at www.anaheim.net/publiccomment. 2) Members of the public can provide in-person comments via microphone in the lobby of City Hall. Social distancing measures will be in place, masks are required, and once a participant has made a public comment, the participant will be asked to exit the building. Public comments are limited to three (3) minutes per speaker, unless a different time is announced. For public hearings, the Mayor or Chairperson will separately call for testimony at the time of each public hearing. Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or Chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. Speakers shall refrain from profane language and other disruptive remarks or behavior which disrupts or disturbs the meeting, or risk being removed (AMC 1.12.017). Contact the City Clerk’s Office at 714-765-5166 or cityclerk@anaheim.net with any questions. ___________________________________________________________________________________________ ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk’s Office by telephone at (714) 765-5166 or via email to cityclerk@anaheim.net, no later than 8:00 AM on the day of the scheduled meeting.  ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Housing and Public Improvements Authority begin at 5:00 P.M. Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted. Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chamber, 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.  REPORTS: All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) are available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net.  ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency.  CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless a member(s) requests an item(s) be discussed and/or removed from the Consent Calendar for separate action. Harry S. Sidhu, P.E. Mayor Stephen Faessel Mayor Pro Tem District 5 Jose Diaz Council Member District 1 Jordan Brandman Council Member District 2 Dr. Jose F. Moreno Council Member District 3 Avelino Valencia Council Member District 4 Trevor O’Neil Council Member District 6 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 March 9, 2021 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA MARCH 9, 2021 5:00 P.M. Call to order the Anaheim City Council. 5:02 P.M. MEMBERS PRESENT: Mayor Sidhu and Council Members Stephen Faessel, Jose Diaz, Jordan Brandman, Avelino Valencia, and Trevor O’Neil (in person). Council Member Moreno joined meeting via teleconference at 5:04 P.M. 5:00 P.M. Invocation: Council Member Jose Diaz Flag Salute: Mayor Pro Tem Stephen Faessel ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items, except public hearing): 7 public comments (in person). City Clerk Theresa Bass reported 1 public comment was received via email prior to 3:00 P.M. (Total of 2 public comments received electronically). Public Comments Submitted – March 9, 2021 City Council Meeting (Submit comments electronically for City Council consideration by sending them to publiccomment@anaheim.net. To ensure distribution to the City Council prior to consideration of the agenda, please submit comments prior to 3:00 P.M. the day of the meeting. Those comments, as well as any comments received after 3:00 P.M., will be distributed to the City Council, posted on the City’s website, and will be made part of the official public record of the meeting. Current and archived public comments are available at www.anaheim.net/publiccomment. In addition to electronic comments, members of the public can provide in-person comments via microphone in the lobby of City Hall. Public comments are limited to three (3) minutes per speaker, unless a different time is announced.) CITY MANAGER’S UPDATE: City Manager Jim Vanderpool announced the Maxwell Dog Park in west Anaheim is scheduled to open in May, following additional lawn-growing. He acknowledged and thanked the Public Works Operations Division for partnering with various non-profit organizations with food distribution events across the city, by providing labor, transportation, and equipment to move many pallets of food to Anaheim’s most vulnerable residents, living up to their motto, “Always There.” 3 March 9, 2021 5:00 P.M. - CITY COUNCIL 5:31 P.M. MOTION: _SF/TO____ Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 1. Receive and file minutes of the Library Board meeting of January 11, 2021, the Public Utilities Board meeting of January 27, 2021, and the Sister City Commission meetings of October 26, 2020 and November 23, 2020. 2. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to ACF Technologies, Inc., in the amount of $19,975 plus applicable tax, for an upgrade to the main Q-Flow software used by multiple departments in the city and the addition of new software modules to enhance public access to the system at City Hall. 3. Authorize the purchase of new VMWare Enterprise Software Licenses, support renewals, services, and maintenance from Dell Marketing L.P., in the amount of $751,664.42 plus applicable tax, to support network operations and Mobile Device Management for various departments throughout the city for a three year term (the agreement(s) will be based on pricing offered through the National Association of State Procurement Officials ValuePoint Cooperative Purchasing Program, Agreement No. MNWNC-108 established by the State of Minnesota). 4. Authorize the purchase of one Pierce fire engine from South Coast Fire Equipment, Inc., in an amount estimated not to exceed $800,000 plus all applicable taxes and fees, for the Anaheim Fire & Rescue Department (purchase is being made utilizing a cooperative purchase agreement established by the Houston-Galveston Area Council that was awarded to Pierce Manufacturing; the purchase is being made through their local authorized reseller as allowed by the terms of the agreement). 5. Accept the bid from Emergency Vehicle Group, Inc., in the amount of $189,450 plus tax, fees, and a 20% contingency, for the as-needed purchase of fire apparatus repair services for a one year period, with four one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9489. 6. Award the construction contract to the lowest responsible bidder Fortte Construction, Inc., dba Fortte Engineering, in the amount of $311,279 plus a 10% contingency, for the construction of Mid-Block Pedestrian Signal Installation Project at Western Avenue (165’ north of Tyler Avenue); 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. 7. Approve the First Amendment to Agreement with Lyons Security Service, Inc., increasing the total compensation of the agreement by an additional $2,879,289.60 and authorizing an additional not to exceed amount of $150,000 per year for additional security services on an as-needed basis, for security services at The Salvation Army emergency shelter and surrounding area and extending the term of the agreement by two years to January 15, 2023; and authorize the City Manager to execute the Amendment as well as any subsequent amendments or documents 4 March 9, 2021 necessary for the continuation or clarification of security services at The Salvation Army emergency shelter and surrounding area, provided they are approved by the City Attorney and do not increase the total compensation payable to Lyons Security Service, Inc. 8. Waive Council Policy 4.1 and approve an agreement with Carpi & Clay Inc., in the amount of $5,000 per month, for federal advocacy services for 12 months with two one-year optional renewals and authorize the City Manager to approve the renewal options. 9. RESOLUTION NO. 2021-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2020 Patrick Leahy Bulletproof Vest Partnership Grant, authorizing the City Manager, or his designee, to execute all required grant documents, and amending the budget for Fiscal Year 2020-21 accordingly (grant funds in the amount of $11,090.47). 10. RESOLUTION NO. 2021-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Fire Chief or designee to accept distributions from the Department of Health and Human Services Coronavirus Aid, Relief, and Economic Security (CARES) Act Provider Relief Fund on behalf of the City of Anaheim and amending the budget accordingly (distribution amount of $531,281). 11. RESOLUTION NO. 2021-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing participation in the State Rental Assistance Program (Block Grant Award in a total amount not to exceed $11,211,172). 12. Approve minutes of the City Council meetings of May 12, 2020 and June 9, 2020. END OF CONSENT CALENDAR 5:32 P.M. 13. Update on the City's response to COVID-19. Item No. 13 Discussion. No action taken. 5:30 P.M. PUBLIC HEARING: 6:18 P.M. 14. MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT NO. 2016-00510 RECLASSIFICATION NO. 2016-00297 ADMINISTRATIVE ADJUSTMENT NO. 2020-00444 (DEV2016-00074) OWNER: Vasken Tatarian, 8469 Beach Circle, Cypress, CA 90630 APPLICANT: Sarkis Tatarian, 8469 Beach Circle, Cypress, CA 90630 PROJECT LOCATION: 0.36-acre property located at 3175 West Ball Road at the northeast corner of Ball Road and Western Avenue. REQUEST: The applicant requests approval of the following land use entitlements to allow construction of an 11-unit, three-story, multiple-family residential development: (i) a General Plan Amendment to change the land use designation from General Commercial to Medium Density Residential; (ii) a Zoning Reclassification from the General Commercial (C-G) to the Multiple- Family Residential (RM-4) zone; and (iii) an Administrative Adjustment to allow reduced street and interior setbacks. 5 March 9, 2021 ENVIRONMENTAL DETERMINATION: The City Council will consider whether a Mitigated Negative Declaration is the appropriate environmental determination for this request under the California Environmental Quality Act. ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of a Mitigated Negative Declaration (PC2021- 003), General Plan Amendment No. 2016-00510 (PC-2021-004), Reclassification No. 2016- 00297 (PC2021-005), and Administrative Adjustment No. 2020-00444 with an added condition of approval to state all lease agreements between the property owner/manager and tenants shall include a provision stating that all parking spaces shall remain open and available for the parking of vehicles at all times. This provision shall be overseen by an on-site resident manager (PC2021-006). VOTE: 5-2 (Chairperson Keys and Commissioners Armstrong, Lieberman, Mulleady and Vadodaria voted yes; Commissioners Meeks and White voted no). (Planning Commission meeting of January 20, 2021). RESOLUTION NO. 2021-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to adopt a Mitigated Negative Declaration for proposed General Plan Amendment No. 2016-00510, Reclassification No. 2016-00297, and Administrative Adjustment No. 2020- 00444 (DEV2016-00074) (3175 West Ball Road). RESOLUTION NO. 2021-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (General Plan Amendment No. 2016-00510) (DEV2016-00074) (3175 West Ball Road) [amend the Land Use Element of the General Plan to change the property’s land use designation from General Commercial to Medium Density Residential]. RESOLUTION NO. 2021-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting proposed Administrative Adjustment No. 2020-00444 (DEV2016-00074) (3175 West Ball Road) [to allow a reduced street landscape and structural setback, and a reduced interior structural setback for the project]. ROLL CALL VOTE: 5-1-1 (AYES: Mayor Sidhu and Council Members Diaz, Brandman, Valencia, and O’Neil; NOES: Mayor Pro Tem Faessel; ABSTAIN: Council Member Moreno). Motion carried. ORDINANCE NO. 6507 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to Zoning (Reclassification No. 2016-00297) (DEV2016-00074) [reclassify the property from the C-G (General Commercial) zone to the RM-4 (Multiple-Family Residential) zone]. Item No. 14 Discussion. Mayor Sidhu opened the public hearing. Comment by Applicant via teleconference and 27 comments received via email prior to 7:00 P.M. Public Comments Submitted – March 9, 2021 City Council Meeting Mayor Sidhu closed the public hearing. MOTION: JD/JB ROLL CALL VOTE: 6-0-1 (AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Valencia, and O’Neil; ABSTAIN: Council Member Moreno). (Resolution approving Administrative Adjustment No. 2020-00444: ROLL CALL VOTE: 5-1- 1 (AYES: Mayor Sidhu and Council Members Diaz, Brandman, Valencia, and O’Neil; NOES: Mayor Pro Tem Faessel; ABSTAIN: Council Member Moreno)). Motion carried; ordinance introduced. Land Use - Zoning 6 March 9, 2021 Public Comments (non-agenda items): Public Comments Submitted – March 9, 2021 City Council Meeting (Current and archived public comments are available at www.anaheim.net/publiccomment.) Council Communications/Agenda Requests: Council Member Moreno expressed to the hardest hit areas of Anaheim to continue to be vigilant with social distancing, wearing masks, and washing hands and noted there was a light at the end of the tunnel due to vaccines. He stated his office would continue to advocate to the Orange County Supervisors and legislators the prioritization of the hardest hit areas of the city to bring vaccines to the workers, educators, and seniors in the hardest hit areas. He requested two agenda items: 1) a resolution declaring May 29 as Anaheim Graduates Day to honor high school graduates, college/university graduates, and promotees at all Anaheim schools; and 2) a proclamation declaring April 2021 as Sexual Assault Awareness Month, as requested by Casa De La Familia (both requests failed for lack of concurrences). With the openings of the Resort and surrounding businesses in April and some school districts returning to on-campus instruction following Spring Break, he asked all to be mindful and hoped there would not be another COVID-19 surge. Council Member Diaz reported he met virtually last Friday with Magnolia School District Superintendent Dr. Frank Donovan and learned about the wonderful classes, programs, trainings, and recognitions held throughout the pandemic. He congratulated all the district teachers and staff and wished them luck as they prepare to re-open campuses in April. He announced March 7-13 as Orange County Restaurant Week, and encouraged all to support local restaurants by dining outside or ordering take out, with more information available at: www.ocrestaurantweek.com. He congratulated Karen Clark Yamamoto, Western High School Social Science Department Chairperson, for her recognition for excellence in teaching by the California Council of Economics Education. Council Member Valencia requested the meeting adjourn in memory of Maestro Gabriel Barrios Zavala, long time Anaheim resident, creator of Rhythmo Mariachi Academy, and District 4 Senior Citizen Commissioner, who died of complications due to COVID-19 on February 26, 2021. He thanked the Anaheim Police Department for providing bilingual resources on the city’s website and social media platforms regarding the recent uptick in fraud trends. He thanked the Community Services and Public Works Departments for hosting a virtual meeting for the Haster/Orangewood neighborhood, and the entire City team for their incredible work serving the community. He acknowledged improving numbers, but stated we were not yet out of the pandemic and recommended safety precautions continue to be followed and encouraged all to obtain vaccines. He wished all a happy belated International Women’s Day. Mayor Pro Tem Faessel acknowledged it had been nearly a year since he was in the Council Chamber for a meeting and it was an honor to be back serving with his former and new colleagues. In addition to Maestro Zavala, he requested the meeting adjourn in memory of Mario Cuevas Zamora, Consul of Mexico based in Santa Ana; Jim Wingert, co-founder of Anaheim Glass; and Joseph Trejo, long-time Anaheim Union High School District employee and St. Anthony Claret parishioner who died due to COVID-19. Mayor Pro Tem Faessel thanked John Woodhead, Community and Economic Development Director, for his almost 25 years of service to the City and welcomed Grace Stepter as the Interim Director. He wished Council Member Brandman an early Happy Birthday. He announced the closure of Anaheim Brewery at the end of the month and thanked Greg and Barbara Gerovac for their 20 years of service to Anaheim, wishing them well in retirement. He reported his participation in a Ball/Sunkist project webinar on February 17 and thanked residents for calling in; a donation by the Apartment Association of Personal Protective Equipment (PPE) units to Higher Ground at Lincoln School on February 19; and the virtual kick-off of the YMCA project on Manchester on February 19. He thanked all residents for participating in the District 5 webinar with Neighborhood Services and reported he presented to the 7 March 9, 2021 Rotary Club on Anaheim’s history and Rudy Boysen. He congratulated all women on International Women’s Day. Mayor Sidhu reported there was good news this week but everyone should still keep their guards up to keep Anaheim safe and get out of the pandemic. He acknowledged the toll it was taking on families, friends, and children. He thanked all the City staff for their hard work, especially with the vaccine PODs, and encouraged everyone to have patience in finally getting out of the pandemic. Adjournment: 7:53 P.M. in memory of Mario Cuevas Zamora, Jim Wingert, Gabriel Barrios Zavala, and Joseph Trejo. Next regular City Council meeting is scheduled for March 23, 2021. All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk’s Office by telephone at (714) 765-5166 or via email to cityclerk@anaheim.net, no later than 8:00 AM on the day of the scheduled meeting. SERVICIOS DE TRADUCCION: Para servicios de interpretación, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 24 horas antes de la junta programada. Llamando al 714-765-5166. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. TRANSLATION SERVICES: For translation services, contact the City Clerk’s office no later than 24 hours prior to the scheduled meeting by calling 714-765-5166. Because many dialects and regionalisms exist, the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. VIEW CITY COUNCIL MEETINGS LIVE AND ARCHIVED: Anaheim City Council meeting videos can be viewed live on the City’s website at www.anaheim.net/councilvideos. 8 March 9, 2021 POSTING STATEMENT: On March 4, 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.