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02-16-21_Action with Comments ANAHEIM CITY COUNCIL ACTION AGENDA FEBRUARY 16, 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 2:30 P.M. the day of the meeting. Those comments, as well as any comments received after 2:30 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 February 16, 2021 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA FEBRUARY 16, 2021 4:30 P.M. Call to order the Anaheim City Council. 4:35 P.M. MEMBERS PRESENT: Mayor Sidhu and Council Members Diaz and Brandman (in person). Mayor Pro Tem Faessel and Council Members Moreno and O’Neil (via teleconference). Council Member Valencia joined the meeting during Closed Session (in person). ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None (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 2:30 P.M. the day of the meeting. Those comments, as well as any comments received after 2:30 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.) Recess to closed session. 4:36 P.M. 4:30 P.M - CLOSED SESSION 4:36 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (d)(2) Section 54956.9 of the California Government Code): One potential case Reconvene the Anaheim City Council. 5:15 P.M. 5:00 P.M. 5:15 P.M. MEMBERS PRESENT: Mayor Sidhu and Council Members Diaz, Brandman, and Valencia (in person). Mayor Pro Tem Faessel and Council Members Moreno and O’Neil (via teleconference). Invocation: Council Member Trevor O'Neil Flag Salute: Council Member Avelino Valencia Acceptance of Other Recognitions (To be presented at a later date): Recognizing February 21 – 27, 2021, as National Engineers Week 3 February 16, 2021 ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass announced Council Member Diaz requested to continue his appointments to the Community Services Board, Housing and Community Development Commission, and Senior Citizen Commission under Item No. 13 to a later date. PUBLIC COMMENTS (all agenda items): 1 public comment (in person). City Clerk Theresa Bass reported 2 public comments were received via email prior to 2:30 P.M. (Total of 4 public comments received electronically). Public Comments Submitted – February 16, 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 2:30 P.M. the day of the meeting. Those comments, as well as any comments received after 2:30 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 congratulated Public Works Rudy Emami for being selected as a recipient of an American Society of Civil Engineers Orange County Branch 2020 Outstanding Civil Engineer in the Public Sector Award, noting he would be recognized at a virtual awards ceremony on March 18, 2021. Mr. Vanderpool announced the Anaheim Public Utilities was awarded a FEMA Hazard Mitigation Grant to underground seven segments of power lines in high fire threat zones in east Anaheim. The grant provides a 75% match, roughly $870,000 of Phase 1 activities including design, engineering, and environmental analysis. Mr. Vanderpool explained FEMA considered wildfires that have previously affected Anaheim, and while they were not ignited by power lines, he explained undergrounding is a useful tool to help with long-term wildfire risk mitigation. He reported the design phase would take approximately 18 months and staff would seek to obtain funding estimated at $10,000,000 for Phase 2 consisting of material procurement and construction. 5:00 P.M. - CITY COUNCIL 5:26 P.M. Items pulled for discussion: Council Member O’Neil: Item No. 06 Council Member Valencia: Item No. 08 MOTION: ___JB/AV___ 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 2020 Registered Lobbyist Annual Report. 2. Accept the bids of Wescam USA, Inc. and Hangar One Avionics, Inc., in the combined not to exceed amount of $519,738 plus applicable tax, for the purchase of an airborne multi-sensor camera system, cabling, and a five-year warranty for the Anaheim Police Department Air Support Unit in accordance with Bid #9492. 4 February 16, 2021 3. Authorize the Purchasing Agent to issue master agreements to Grainger, Inc. and Fastenal, Inc., in an annual combined not to exceed amount of $400,000, for the purchase of a variety of maintenance, repair, and operations materials for the Public Utilities Department; and authorize the Purchasing Agent to exercise any renewal options in accordance with the terms of the Omnia Partners, Public Sector cooperative contracts #2018.000207 and #2018.000208 respectively. 4. Approve an agreement with Michael Baker International, Inc., in the amount of $69,385 plus a 10% contingency, to assist in the development of environmental documentation related to the Citywide Safe Routes to School Sidewalk Gap Closure Project, and authorize the Director of Public Works, or designee, to execute the agreement and related documents, and to take the necessary actions to implement and administer the agreement. 5. Approve a Lot Tie Covenant to consider two parcels together as one for the development of the Teen Center located at Brookhurst Community Center (APN 071-130-33 & APN 071-130-37; Brookhurst Park). 6. Authorize the City Manager, or designee, to administer a local Emergency Rental Assistance Program (ERAP), fully funded with Federal and State resources, in compliance with federal requirements as promulgated by the U.S. Department of the Treasury and the COVID-19 Tenant Relief Act (SB 91) enacted by the State of California; approve a Professional Services Agreement with Protiviti Government Services, Inc. through its staffing division Robert Half International Incorporated, in an amount not to exceed $1,000,000, to assist in the local administration of the ERAP, for a term of February 1, 2021 to February 1, 2022, and authorize the City Manager, or designee, to execute and administer the agreement; approve the First Amendment to Professional Services Agreement with Comprehensive Housing Services, Inc., increasing the contract amount from $250,000 to $600,000, to assist in the local administration of the ERAP and authorize the City Manager, or designee, to administer the agreement; and amend the Community and Economic Development Department’s Fiscal Year 2020/21 General Fund budget by $10,416,959 for federal funds received, and if awarded Sate ERAP funds, amend the budget by an additional $11,211,172 for a total budget amendment up to $21,628,131. Item No. 06 Discussion. MOTION: JD/AV ROLL CALL VOTE: 7-0. Motion carried. 7. RESOLUTION NO. 2021-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving, authorizing and directing execution of a Joint Exercise of Powers Agreement relating to the CMFA Special Finance Agency I and the form of a Public Benefit Agreement; and approving the issuance of revenue bonds by said agency for the purpose of financing the acquisition, construction or improvement of projects listed herein [160 West Center Street Promenade (Promenade Lofts – 58 units), 201 West Broadway (Broadway Arms – 95 units), 290 South Lemon Street (Doria Lofts – 60 units), and 180 West Center Street Promenade (Carnegie Plaza – 63 units)]. Authorize the City Manager to enter into a Public Benefit Agreement, in substantial form, with the California Municipal Finance Authority Special Finance Agency I, which may result in the City receiving surplus revenue from the future sale of the projects and authorize the City Manager to approve minor, non-material modifications to the Public Benefit Agreement that are consistent with the purpose and intent of the Middle-Income Housing Program, subject to approval as to form by the City Attorney; authorize the City Manager to execute related documents and take required actions to implement the Middle-Income Housing Program for the projects; and determine that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3) because it will not result in a 5 February 16, 2021 direct or reasonably foreseeable indirect physical change in the environment and it is not a "project" pursuant to Section 15378(b)(5) of the State CEQA Guidelines. 8. RESOLUTION NO. 2021-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or their designee to submit an application to the State Department of Parks and Recreation for the Statewide Park Development and Community Revitalization Program Grant for the development of Little Pine Park and if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly (grant funds in the amount of $750,000). Approve the naming of a vacant property, currently proposed for development as a park site, as Little Pine Park; and determine that the project is categorically exempt under the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. Item No. 08 Discussion. MOTION: AV/JB ROLL CALL VOTE: 7-0. Motion carried. 9. RESOLUTION NO. 2021-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing persons holding certain designated positions to execute Emergency 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. 2020-027. 10. RESOLUTION NO. 2021-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the Rates, Rules and Regulations, which do not 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. 2020-020 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. 2021-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the Rates, Rules and Regulations, which do not 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. 2020-019 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. END OF CONSENT CALENDAR 6:26 P.M. 11. RESOLUTION NO. 2021-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM in support of State legislation that provides local credit toward the Regional Housing Needs Assessment (RHNA) for housing units created through the Moderate Income Housing Program. Item No. 11 Discussion. MOTION: JM to table until a bill is introduced. Motion failed for lack of second. MOTION: AV/JD ROLL CALL VOTE: 6-0-1 (AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Valencia, and O’Neil; ABSTAIN: Council Member Moreno). Motion carried. 6 February 16, 2021 12. RESOLUTION NO. 2021-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM in support of Assembly Bill 420 in effort to safely reopen California theme parks. Item No. 12 Discussion. MOTION: JB/SF ROLL CALL VOTE: 6-1 (AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Valencia, and O’Neil; NOES: Council Member Moreno). Motion carried. 13. Consider (re)appointments to certain city Boards and Commissions to serve terms through December 31, 2024 (continued from Council meeting of January 12, 2021, Item No. 17; and Council meeting of January 26, 2021, Item No. 19). Item No. 13 Discussion. Community Services Board (1 appointment): District 1 appointment: ___________________________ (December 31, 2024) District 1 appointment continued to a later date. Cultural and Heritage Commission (2 appointment): District 1 appointment: ______Robert Sanchez_______ (December 31, 2024) Council Member Diaz nominated Robert Sanchez. ROLL CALL VOTE: 7-0. Nomination approved. District 5 appointment: __Kristen Maahs-Kolberg____ (December 31, 2024) Mayor Pro Tem Faessel nominated Kristen Maahs-Kolberg. ROLL CALL VOTE: 7-0. Nomination approved. Housing and Community Development Commission (1 appointment): District 1 appointment: ___________________________ (December 31, 2024) District 1 appointment continued to a later date. Planning Commission (1 appointment): District 1 appointment: ___Lucille Kring______ (December 31, 2024) Council Member Diaz nominated Lucille Kring. ROLL CALL VOTE: 6-1 (AYES: Mayor Sidhu and Council Members Diaz, Brandman, Valencia, and O’Neil; NOES: Council Member Moreno). Nomination approved. Senior Citizen Commission (1 appointment): District 1 appointment: ___________________________ (December 31, 2024) District 1 appointment continued to a later date. 14. Update on the City's response to COVID-19 Item No. 14 Discussion. No action taken. Report on Closed Session Actions: Public Comments (non-agenda items): Public Comments Submitted – February 16, 2021 City Council Meeting (Current and archived public comments are available at www.anaheim.net/publiccomment.) 7 February 16, 2021 Council Communications/Agenda Requests: Mayor Pro Tem Faessel requested the meeting adjourn in memory of Anaheim Public Utilities Electric Capital Projects Manager John Pellegrino. He reported his attendance last Thursday at a Zoom meeting hosted by Assemblymember Sharon Quirk-Silva with guests Dr. Chau and Supervisor Chafee regarding COVID-19 and shared the discussion of getting vaccines directly into neighborhoods “along the curb line.” He congratulated all those who enjoyed Lunar New Year last Friday and shared information on the celebration at St. Anthony’s, concluding that he and his wife shared quiet Valentine’s Day at home. Council Member Diaz announced the west Anaheim Neighborhood Services District Community Meeting for Districts 1 and 2 would be held on February 17, 2021 at 7:00 P.M. with the Zoom link posted at www.anaheim.net/neighborhood. He also announced the Anaheim Police Department was hosting a virtual Coffee with a Cop on February 17, 2021 at 11:00 A.M. on Facebook and Instagram Live, with the topic of recruitment for positions within the department. He reminded District 1 residents that free testing sites were still available at Brookhurst Community Center on Tuesdays and Fridays and at Western High School on February 16. He asked everyone to stay healthy and safe. Council Member Brandman reiterated the announcement of the west Anaheim Neighborhood Services District Community Meeting for Districts 1 and 2 on February 17, 2021 at 7:00 P.M., shared the Zoom ID 99962314159, password 171611, and call-in option 669-900-9128, and hoped all could attend. Council Member Moreno recognized Anaheim resident Chef Martin Guerrero for being given an Impacto 2021 Award by Univision for his work with food distribution and cooking classes/lessons in the community throughout Orange County and Los Angeles. He thanked Larry Pasco and Sjany Larson- Cash for helping facilitate Chef Guererro’s use of the Ponderosa kitchen to record videos on how to cook food received at food distributions in various healthy ways. He thanked all those who continue to facilitate food distributions. As a resident and parent of high school students, he acknowledged school leaders for making strong decisions based on data, science, and consultations with public health officials regarding the re-opening of schools and urged all to be patient. He asked staff to continue to work with educators on virtual programming as well as keeping parks open for the children. He also asked his colleagues and staff to continue to advocate to the State and County to provide vaccines proportionately to the need. Council Member Valencia commented regarding Item No. 7 that he was happy to see the City making an effort to address the statewide affordability challenge, however he urged mindfulness of the short-term impact of these projects on the City’s budget due to the postponement of property taxes. He would like to see some time pass to evaluate impacts before continuing to move in this direction and approving additional projects. He announced the virtual Coffee with Cop on February 17 at 11:00 A.M. and the Zoom Neighborhood Services meeting for Districts 3 and 4 on February 18, 2021 at 7:00 P.M., with more information on the City’s website. He shared that some District 4 residents experienced a hacking scam within the WhatsApp app where they were scammed out of money they thought they were providing to personal contacts. With the different types of financial aid available and different fraud methods, he recommended the City provide bilingual information about types of fraud residents may experience via social media, the website, and a community meeting with the Police Department. He thanked the City team for their commitment to residents, gave a shout out to his younger brother for National Engineers Week, and encouraged all to continue to social distance to keep Anaheim safe. Mayor Sidhu asked the City Manager to work with the Communications Manager to address fraud. He stated the City was not yet out of the woods, shared testing facilities were available across the City, encouraged residents to get tested to help keep everyone safe, and stated that cases will continue to drop as more vaccines are provided. In addition to John Pellegrino, Mayor Sidhu adjourned the meeting in memory of Anaheim resident Sandra Fox and Valencia High School jazz band teacher Peter Perez, both victims of COVID-19. 8 February 16, 2021 Adjournment: 7:43 P.M. in memory of John Pellegrino, Sandra Fox, and Peter Perez Next regular City Council meeting is scheduled for March 9, 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 services de interpretation, communiques con la officinal de la Ciudad (City Clerk), condo memos 24 horas antes de la junta programed. Llama do al 714-765-5166. Debi do a que existent machos dialects y regionalisms, la Ciudad no pureed 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. POSTING STATEMENT: On February 11, 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