Harry S. Sidhu, P.E.

Mayor

 

Stephen Faessel

Mayor Pro Tem
District 5

 

Jose Diaz

Council Member

District 1

 

Vacant

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

ANAHEIM CITY COUNCIL
AGENDA

AUGUST 10, 2021

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TELECONFERENCE NOTICE: On June 11, 2021, Governor Newsom issued Executive Order N-08-21 (superseding the Brown Act-related provisions of Executive Order N-29-20 issued on March 17, 2020 and 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-08-21, please be advised that some members of the Anaheim City Council may participate in this meeting telephonically.

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§ 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.

 

§ 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. 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

 

§ 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.

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANAHEIM CITY COUNCIL

ANAHEIM, CALIFORNIA

AUGUST 10, 2021

4:00 P.M.

Call to order the Anaheim City Council.

ADDITIONS\DELETIONS TO CLOSED SESSION:

PUBLIC COMMENTS ON CLOSED SESSION ITEMS:

Recess to closed session.

4:00 P.M. - CLOSED SESSION

1.            CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

(Subdivision (d)(1) of Section 54956.9 of the California Government Code)

Name of Case:  Sialic Contractors Corporation dba Shawnan, et al. v. City of Anaheim, et al., OCSC Case No. 30-2020-01170500-CU-WM-CJC

2.            CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

(Subdivision (d)(1) of Section 54956.9 of the California Government Code)

Name of Case:  Valenzuela, et al. v. City of Anaheim, et. al., 9th Cir. Case No. 20-55372

3.            CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

(Subdivision (d)(1) of Section 54956.9 of the California Government Code)

Name of Case:  Security National Insurance Co. v. City of Anaheim,
USDC Case No. 8:20-cv-00518-JVS (ADSx)

 

Reconvene the Anaheim City Council.

5:00 P.M.

Invocation:              Preacher Jimmy Gaston, State College Boulevard Church of Christ

Flag Salute:            Council Member Avelino Valencia

Presentation:          Recognizing Anaheim resident Arielle Barquero, for successfully administering CPR on a drowning infant and saving his life

Acceptance of Other Recognitions (To be presented at a later date):

Recognizing September 10 – 19, 2021, as Welcoming Week

ADDITIONS/DELETIONS TO THE AGENDA:

PUBLIC COMMENTS (all agenda items, except public hearings):
(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:

5:00 P.M. - CITY COUNCIL

MOTION: __________ Waive reading of all ordinances and resolutions and adopt the consent calendar.

CONSENT CALENDAR:

1.            Receive and file minutes of the Senior Citizen Commission meeting of March 18, 2021.

2.            Approve the Fourth Substantial Amendment to the Fiscal Year 2019-2020 Annual Action Plan reallocating Community Development Block Grant (CDBG) COVID, Emergency Solutions Grant (ESG) COVID, and Home Investment Partnerships (HOME) funds in the total amount of $5,920,596 from the Coronavirus Aid, Relief, and Economic Security (CARES) Act; designate the Acting Director of the Community and Economic Development Department to execute all documents related to the administration, management, and implementation of the supplemental CDBG and ESG funding; and authorize to the Acting Director to reallocate funds to eligible activities as deemed necessary to address greatest need.

3.            Waive the sealed bid requirement of Council Policy 4.0 and approve a master agreement with BrightView Landscape Services, Inc., in the amount of $19,223.34 per month, to provide litter cleanup and trash removal services throughout the Anaheim Resort Maintenance District for an initial three month period which may be extended month to month in order to allow services to continue while a new bid is prepared, evaluated, and awarded.

4.            Waive the sealed bid requirement of Council Policy 4.0 and approve a master agreement with OakWest Services, Inc., in the amount of $16,665.87 per month, to provide power washing and scrubbing of sidewalks throughout the Anaheim Resort Maintenance District for an initial three-month period which may be extended month to month in order to allow services to continue while a new bid is prepared, evaluated, and awarded. 

5.            Approve Cooperative Agreement No. C-1-3227 with the Orange County Transportation Authority for the Senior Mobility Program to fund the City’s senior transportation services program for a term of five years, with one optional five-year extension, through Renewed Measure M net sales tax revenue and a 20% City match via in-kind staff time required to administer and manage the transportation program.

6.            Approve the Professional Services Agreement for on-call consulting support services for Clean Water Act permit compliance programs with seven consulting companies, each in an amount not to exceed $400,000 per year, to support the Development Services Section of the Public Works Department, each for a one year term with four one-year optional renewals; authorize de minimis changes that do not substantially change the terms and conditions of the agreements, so long as such changes are determined to be de minimis by the City Attorney; and authorize the Director of Public Works to execute each agreement and take the necessary actions to implement and administer the agreements (EEC Environmental; Fuscoe Engineering, Inc.; GHD, Inc.; GSI Environmental, Inc.; Recupero and Associates, Inc.; Tetra Tech, Inc.; and Wood Environment and Infrastructure Solutions, Inc.).

7.            Approve the Encroachment and Maintenance Agreement with MagnoliaM 2020, LLC allowing access within the City right-of-way at property located at 227 N. Magnolia Avenue, Tract No. 19019, to connect to the Orange County Sanitation District Trunk Sewer.

8.            RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Property Tax Exchange Agreement between the City of Anaheim and the City of Orange regarding the Stadium Sliver Reorganization No. RO 21-04 and determining said actions are exempt from the California Environmental Quality Act pursuant to Section 15301 (Class 1, Existing Facilities).

9.            RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Workforce Innovation and Opportunity Act Subgrant Agreement between the City of Anaheim and the State of California for the term of April 1, 2021 through June 30, 2023 (in the amount of $713,942 for Youth services; includes authorizing the City Manager to execute and administer the agreement and determination that approval of the agreement is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(3), 15061(b)(3), and 15378(b)(4) as the proposed agreement constitutes a funding mechanism or fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and does not, therefore, constitute a “project” pursuant to CEQA).

10.          RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees represented by the Anaheim Municipal Employees Association, Police Cadet Unit (effective June 25, 2021 through June 24, 2022).

RESOLUTION NO.                                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2015-173, as amended, for the purpose of modifying rates of compensation for those unrepresented classifications designated as Fire Cadets (effective the pay period beginning December 24, 2021).

11.          RESOLUTION NO.                             A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM       denying Conditional Use Permit No. 2019-06048, Variance No. 2020-05144, and Specimen Tree Removal Permit No. 2021-00001 and making certain findings in connection therewith (DEV2019-00172) (5275 East Nohl Ranch Road).

12.          ORDINANCE NO.                               (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) and Chapter 18.28 (Floodplain “FP” Overlay Zone) of the Anaheim Municipal Code relating to the identification of flood hazard areas and the reduction of flood hazards and making findings and determinations in connection therewith.

Determine that the proposed amendments are exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines under Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a “project” as defined in Section 15378 of the State CEQA Guidelines.

13.          ORDINANCE NO.        6511         (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending and restating Chapter 17.10 of the Anaheim Municipal Code relating to lot line adjustments (introduced at Council meeting of July 20, 2021; Item No. 17).

END OF CONSENT CALENDAR

14.          District 5 appointment of unscheduled vacancy on the Public Utilities Board for a term ending December 31, 2024.

Public Utilities Board (1 appointment):

            District 5 appointment:                                                             (December 31, 2024)
            (unscheduled vacancy of Ernesto Medrano)

15.          Nominate and appoint a voting delegate and up to two voting alternates to the League of California Cities annual conference, to be held on September 22 – 24, 2021 in Sacramento, California.

            APPOINTMENT:                                                       

            ALTERNATE:                                                            

            ALTERNATE:                                                            

16.          Update on the City's response to COVID-19.

5:30 P.M. PUBLIC HEARING:

17.          This is a public hearing regarding a proposed franchise to Torrance Pipeline Company LLC to maintain and operate pipeline for the transportation of hydrocarbon substances across a portion of Jefferson Street for a ten year term.

ORDINANCE NO.                              (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a franchise to Torrance Pipeline Company LLC, to maintain and operate pipelines for oil, gas and other substances in the City of Anaheim.

Determine that the proposed Ordinance is exempt from California Environmental Quality Act pursuant to Public Resources Code Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations as this franchise is being issued on an existing pipeline.

            MOTION:                   

6:30 P.M. PUBLIC HEARING:

18.          This is a public hearing to 1) receive a report on the redistricting process and permissible criteria to be considered to redraw City Council election district boundaries; 2) receive public input on communities of interest and potential district boundaries; and 3) consider the timeline for the redistricting process.

            MOTION:                   

Report on Closed Session Actions:

 

Public Comments (non-agenda items):


Council Communications/Agenda Requests:


Adjournment:
Next regular City Council meeting is scheduled for August 24, 2021.

 

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.

 

SERVICIOS DE TRADUCCION: 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.

 

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 August 5, 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.