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06-07-22_Action with CommentsANAHEIM CITY COUNCIL ACTION AGENDA JUNE 7, 2022  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. VACANT Mayor Trevor O’Neil Mayor Pro Tem District 6 Jose Diaz Council Member District 1 Gloria Sahagún Ma’ae Council Member District 2 Dr. Jose F. Moreno Council Member District 3 Avelino Valencia Council Member District 4 Stephen Faessel Council Member District 5 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 June 7, 2022 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA JUNE 7, 2022 3:00 P.M. Call to order the Anaheim City Council. 3:07 P.M. MEMBERS PRESENT: Mayor Pro Tem O’Neil and Council Members Ma’ae, Moreno, and Faessel. Council Member Valencia joined the meeting at 4:33 P.M. MEMBERS ABSENT: Council Member Diaz [Mayoral vacancy] 3:00 P.M. – WORKSHOP 3:08 P.M. PUBLIC COMMENTS ON WORKSHOP: None WORKSHOP: Proposed Fiscal Year 2022/23 Budget (Citywide Overview, Administrative Departments, Police, Fire & Rescue, and Community Services) ADDITIONS/DELETIONS TO CLOSED SESSION: City Attorney Robert Fabela announced that Closed Session Item No. 01 pertained to potential litigation arising from the Angel Stadium transaction. PUBLIC COMMENTS ON CLOSED SESSION ITEM: None Recess to closed session. 5:00 P.M. CLOSED SESSION 5:00 P.M. 1. 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) of subdivision (d) of California Government Code Section 54956.9: One potential case Reconvene the Anaheim City Council. 5:44 P.M. 5:00 P.M. 5:44 P.M. MEMBERS PRESENT: Mayor Pro Tem O’Neil and Council Members Ma’ae, Moreno, Valencia, and Faessel MEMBERS ABSENT: Council Member Diaz [Mayoral vacancy] Invocation: Pastor Jim Schibsted, First Congregational Church of Anaheim Flag Salute: Council Member Gloria Sahagún Ma’ae Presentation: Recognizing the 2022 winners of the Anaheim Beautiful Community Pride Poster Contest Presentation by Lori Dinwiddie, Anaheim Beautiful President 3 June 7, 2022 Acceptance of Other Recognitions (To be presented at a later date): Recognizing June 12-18, 2022, as National Flag Week ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): 33 speakers. City Clerk Theresa Bass reported 28 public comments were received electronically prior to 7:00 P.M. (Total of 28 public comments received via email). Public Comments Submitted – June 7, 2022 City Council Meeting (limited to 90 minutes, or until all agenda item speakers have been heard; any time remaining shall be provided to non-agenda item speakers) CITY MANAGER’S UPDATE: City Manager Jim Vanderpool reported that last Friday the City was notified that its application to the Federal Economic Development Administration for capital funding for the original Northgate market project was approved. This $3,000,000 grant ensures a significant portion of the costs have been secured to implement the vision of a food-focused, small business incubator and workforce training center that aligns with the entrepreneurial spirit already at the location. Expected to open in 2024, this will deliver on the City’s promise to the Gonzalez family and the surrounding community to support and uplift the area through collaboration with non-profits, small businesses, and local philanthropic partners. He announced that Anaheim Public Utilities Department would host the OC Green Expo on Saturday, June 11, 2022 from 10:00 A.M. to 2:00 P.M. on Center Street Promenade. He reported the free event would feature electric vehicle test drives, sustainability workshops, food trucks, exhibitor booths, and raffle prizes. For more information or to register, visit www.anaheim.net. He also reported that the Economic Development Department kicked off the Emprendador@s Business Mentorship Program on June 1, 2022. This 8-week program provides Spanish-speaking aspiring entrepreneurs with training on how to start their own business and he reported that 30 residents are participating. He announced that, in recognition of Mental Health Awareness Month, the Human Resources Department partnered with Kaiser on a “Work of Art” mental health program for City employees in which employees contributed over 400 pieces of art and he showed a video displaying select pieces. 5:00 P.M. - CITY COUNCIL 7:29 P.M. MOTION: _SF/GM_ Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 5-0 (AYES: Mayor Pro Tem O’Neil and Council Members Ma’ae, Moreno, Valencia, and Faessel; ABSENT: Council Member Diaz). Motion carried. CONSENT CALENDAR: 1. Receive and file minutes of the Public Utilities Board meeting of April 27, 2022. 2. Approve proclamation recognizing United States Postal Service worker Esther Perez for providing lifesaving assistance to Anaheim resident, Terry Johnson. 4 June 7, 2022 3. Authorize the Planning and Building Director to submit California Automated Permit Processing Program grant applications to the California Energy Commission for cost recovery for design and implementation of automated permit processing; authorize the Planning and Building Director, or designee, to accept the grant, execute required grant documents, and take all necessary actions to implement grant activities; and, if awarded, increase the Planning and Building Department’s Fiscal Year 2022/23 budget commensurate with the grant award (grant funds in the amount of $100,000). 4. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to E.J. Ward, Inc., in the amount of $104,367.04 plus applicable tax, for the installation of new fuel management terminals and related components at three existing fire stations to support the integration of these locations with the current proprietary fuel management system that is in place throughout the City (Fire Station Nos. 2, 8, and 11). 5. Award the construction contract to the lowest responsive bidder, Hampton Tedder Electric Company, in the amount of $6,815,393.90 plus a 10% contingency, for the Electric Line Extension (Wanda Circuit) Project, Phase 2 (Project); authorize the Director of Public Works to execute the construction contract and any other related documents, and take the necessary actions to implement and administer the construction contract and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions; approve a Wireline Crossing Agreement (Agreement) with the Union Pacific Railroad Company, with a one-time license fee of $33,600 and cost reimbursement, for power and communication lines crossing underneath the railroad tracks for the Project; authorize the Public Utilities General Manager to execute the Agreement and related documents, including a consent document, and to take the necessary actions to implement the Agreement; and determine that the Project is categorically exempt from the California Environmental Quality Act pursuant to Sections 15301(b), 15302(c), and 15303 of Title 14 of the California Code of Regulations. 6. Approve Contract Change Order No. 1, in the amount of $16,647.92, with Mike Prlich & Sons, Inc., for additional costs incurred to address unforeseen conditions during the Nohl Ranch Road Sanitary Sewer Improvements under the Master Agreement for Sewer, Drain and Pump Station Construction, Maintenance, Repair and Immediate Response Services, and authorize the Director of Public Works, or designee, to execute the Contract Change Order and any related documents. 7. Approve the Subdivision Agreement of Parcel Map No. 2021-123, located at 1445 S. Anaheim Boulevard, with Anaheim Midway LP to establish a one lot subdivision with open space, private drives, and landscaped areas and direct and authorize the Mayor Pro Tem and City Clerk to execute the Agreement. 8. Approve California Work Opportunity and Responsibility to Kids (CalWORKs) Agreements with Brownson Technical School, Inc., in an amount not to exceed $100,000, and with KD Education, LLC dba Healthstaff Training Institute, in an amount not to exceed $200,000, for the provision of vocational skills training, each for a term beginning July 1, 2022 and expiring June 30, 2024. and authorize the Director of Housing and Community Development to execute, and the Workforce Development Manager, or designee, to administer the agreements. 5 June 7, 2022 9. Approve a Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, in an amount not to exceed $2,000,000, for water use efficiency and student education programs, and shared consulting, water loss control, and mutual aid/emergency response services, for an initial term expiring June 30, 2027 with one five-year additional extension, and authorize the Public Utilities General Manager, or designee, to execute the agreement and to take the necessary actions to implement and administer the agreement. 10. Approve minutes of the City Council meeting of February 15, 2022. END OF CONSENT CALENDAR: 7:29 P.M. 11. Nominate and appoint a representative to serve on the Orange County Water District – District 9. Orange County Water District – District 9 APPOINTMENT: _________________________ (currently held by Harry Sidhu) Item No. 11 Council Member Ma’ae nominated Council Member Faessel. Council Member Faessel respectfully declined the nomination. Mayor Pro Tem O’Neil nominated Council Member Ma’ae. Discussion. MOTION: JM/GM to remove Harry Sidhu as the City’s representative on the Orange County Water District and to continue the nomination and appointment to allow for advertisement and posting of the position and to solicit resident interest and applications. ROLL CALL VOTE: 5-0 (AYES: Mayor Pro Tem O’Neil and Council Members Ma’ae, Moreno, Valencia, and Faessel; ABSENT: Council Member Diaz). Motion carried. CWD District 9 12. RESOLUTION NO. 2022-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending and restating the procedures and rules of order for the conduct of City Council meetings (moving the Council Communications section to immediately follow the first Public Comment period, adding a new “Council Agenda Setting” section following Public Comments for Non-Agenda Items, and other minor revisions). Item No. 12 Discussion. MOTION: TO/GM to approve as presented. SUBSIDIARY MOTION: JM/AV to amend the motion on the floor to approve the resolution with the addition of a Council Communications section at the end of the agenda immediately preceding the Council Agenda Setting section. ROLL CALL VOTE: 5-0 (AYES: Mayor Pro Tem O’Neil and Council Members Ma’ae, Moreno, Valencia, and Faessel; ABSENT: Council Member Diaz). Motion carried. AMENDED MOTION: TO/GM to approve the resolution, as amended, to add a Council Communications section at the end of the agenda immediately preceding the Council Agenda Setting section. ROLL CALL VOTE: 5-0 (AYES: Mayor Pro Tem O’Neil and Council Members Ma’ae, Moreno, Valencia, and Faessel; ABSENT: Council Member Diaz). Motion carried; resolution approved, as amended. 6 June 7, 2022 13. ORDINANCE NO. __________ (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding new sections, deleting sections and amending various sections of Chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to campaign and ethics reform (establish recusal rules for elected members of the City Council when they received campaign contributions from parties who have matters before the Council and place time limits on campaign fundraising and debt retirement). Item No. 13 Discussion. MOTION: JM to approve as presented. Motion failed for lack of second. MOTION: AV to approve, as amended, to require candidates to file Form 497 within 24 hours for any contribution over $250 throughout the election cycle. Motion withdrawn. MOTION: JM/SF to continue to June 21, 2022 with the inclusion of Council Member Valencia’s amendment for further consideration. ROLL CALL VOTE: 5-0 (AYES: Mayor Pro Tem O’Neil and Council Members Ma’ae, Moreno, Valencia, and Faessel; ABSENT: Council Member Diaz). Motion carried; item, as amended, continued to June 21, 2022. 14. Discuss and provide direction on an audit regarding former Mayor Harry Sidhu’s campaign contributions and related agreements; and provide direction on any independent investigation regarding matters raised or stemming from the federal investigations recently made public. Item No. 14 Discussion. MOTION: JM/TO to direct staff to develop a Request for Proposals (RFP) to contract with an independent firm to conduct a financial forensic audit of contracts and agreements with campaign contributors to any member of the City Council and the former Mayor and to present the proposed RFP to City Council on June 21, 2022 to be approved, amended as needed, and then put out to bid. 15. Discuss City Council’s alternatives with regard to the Mayoral vacancy, with option to direct staff to place on next regular meeting agenda any action items stemming from the discussion. Item No. 15 Discussion. MOTION: JM to agendize the appointment of Council Member Moreno as Mayor. Motion failed for lack of second. MOTION: SF to direct staff to find retired jurists for possible appointment as mayor. Motion failed for lack of second. MOTION: JM/AV to direct staff to continue the item and discussion to June 21, 2022, with possible action by City Council. ROLL CALL VOTE: 5-0 (AYES: Mayor Pro Tem O’Neil and Council Members Ma’ae, Moreno, Valencia, and Faessel; ABSENT: Council Member Diaz). Motion carried; item continued to June 21, 2022. Land Use - Zoning Report on Closed Session Actions: City Attorney Robert Fabela reported that City Council, with the reported absence by Council Member Diaz, authorized him to report that for Closed Session Item No. 01 given the City’s position that the Purchase and Sale Agreement (PSA) is void, the City is willing to release the escrow funds to SRB. However, such release shall be expressly contingent on a written agreement with SRB that they will not seek specific performance of the PSA or Amended PSA and that the City reserves all other rights and remedies in regards to the PSA and Amended PSA pending further information or disclosures. 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) 7 June 7, 2022 Council Communications/Agenda Requests: Council Member Valencia commented that the FBI affidavit cited a third party, the Chamber of Commerce, as potentially laundering money in an attempt to avoid the City’s lobbying ordinance and avoid disclosing activities. To ensure this does not happen again, he believed the City should address the issue and look at how to better enforce the lobbying ordinance and potentially implement tougher penalties. He requested an agenda item to discuss the lobbying ordinance with possible modifications by City Council, concurred by Mayor Pro Tem O’Neil and Council Member Moreno. He also requested a presentation on the City’s efforts to mitigate and reduce the potential impacts of fireworks on July 4, with no objection. He congratulated all the school graduates and promotees as well all educators for a successful year. He reported his attendance at the Memorial Day ceremony at Anaheim Cemetery and the 165th anniversary of the Mother Colony House. Council Member Faessel requested the meeting close in memory of Jerry Duarte, a St. Boniface and Mater Dei graduate and long-time employee of Freedom Newspapers. He also requested the meeting adjourn in memory of two 2020 Katella High School graduates, Sebastian Gil and Daniel Razo, who lost their lives in a vehicle collision in Santa Barbara. Council Member Faessel requested a recognition of John Gustaferro for his contributions to the City through the YMCA, the Anaheim Community Foundation, and other efforts, concurred by Council Member Ma’ae and Mayor Pro Tem O’Neil. Council Member Faessel recognized the Anaheim Public Library, Jane Newell, and Heritage Services staff for their recognition by the Society of California Archivists and the Archives Appreciation Award. Council Member Ma’ae shared that she has been listening and taking action regarding the Brookhurst business corridor and Little Arabia since right after being appointed to Council. She reported that she has met with representatives of the Arab American Civic Council, local business leaders, and the Economic Development staff several times to discuss a designation and the ultimate goals for the corridor, as well as taken a tour of various restaurants and business along Brookhurst St., all of which were very welcoming. She noted the next step is to hold a community meeting hosted by herself, the Arab American Civic Council, and staff to hear from the businesses about what they want and what they envision for the area. She will announce the date and time once determined. She asked her colleagues to allow her the opportunity to bring forward a well-developed proposal to uplift the corridor and local businesses when the time is right and asked the community for time as they continue to work on this issue. Council Member Moreno announced a summer festival community event on June 11, 2022, 10:00 A.M. – 1:00 P.M., in the East Balsam neighborhood featuring food, entertainment, raffles, and resources for residents, with participation by the Community Services Department, Latino Health Access, and the District 3 office. He thanked community leader Rosaisela Roman Pescador for taking initiative to bring positive things to the community. He noted he could not attend the event as he would be at his daughter, Karina’s, graduation at UCLA and noted the graduation of another daughter, Melina, from Anaheim High School who will head to Cal State Long Beach in the fall. He congratulated the graduates and their friends as well as local partners for the Pledge Program helping Anaheim students graduate and achieve great things. He reported his attendance last Saturday at the Mother Colony House’s 165th birthday celebration, noting it was the first home built in Anaheim once designated as a city. He appreciated the tour provided, noted that 3,000 elementary students visit the site each year to learn about Anaheim’s history, and appreciated that information about indigenous people is included at the site. He requested staff look for ways to celebrate and recognize indigenous landmarks, burial grounds, etc. in the City as well as offering land acknowledgements to offer respect related to City buildings and land use. He highlighted the Anaheim High School baseball team for their performance in the State championships. He noted that he thought there would be an agenda item to discuss the process of placing items on the agenda, and requested that all members who concur on an item be notified if it would not come forward as expected. He displayed a Power Point presentation showing items that were requested but failed to be agendized during 2019-2022 since the December 18, 2018 Council action to change the method of agendizing. He expressed hope that Council could address this and return to the previous method to 8 June 7, 2022 allow all residents to be represented. Mayor Pro Tem O’Neil noted the agenda-setting item was intended to be heard at this meeting but was delayed, with the intention to have it heard on June 21, 2022. He congratulated the graduates in Council Member Moreno’s family. Adjournment: 10:49 P.M. in memory of Gerald Duarte, Sebastian Gil, and Daniel Razo. Next regular City Council meeting is scheduled for June 21, 2022. 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. POSTING STATEMENT: On June 2, 2022, 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.