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12-19-17_ActionANAHEIM CITY COUNCIL ACTION AGENDA DECEMBER 19, 2017 Meeting Location: Downtown Anaheim Community Center, Assembly Hall 250 East Center Street, Anaheim, California CITY COUNCIL   SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY PUBLIC FINANCING AUTHORITY   HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY  HOUSING AUTHORITY     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 Chambers 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted.  REPORTS: All agenda items and reports are available for review in the City Clerk’s Office, the Central Library 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 made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours.  PUBLIC COMMENTS: 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 to receive public comments regarding any agenda items or matters within the jurisdiction of any such governing bodies. This is the only opportunity for public input except for scheduled public hearing items. The Mayor or chairperson will separately call for testimony at the time of each public hearing. The City uses speaker cards that should be submitted to the City Clerk (Please note, speaker cards are not required; everyone will have an opportunity to address the Council). The time limit established for public comments is three minutes per speaker unless a different time limit is announced. 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. 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 members, staff or the public request the item 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. Tom Tait Mayor James Vanderbilt Mayor Pro Tem At Large Kris Murray Council Member At Large Denise Barnes Council Member District 1 Dr. Jose F. Moreno Council Member District 3 Lucille Kring 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 December 19, 2017 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA DECEMBER 19, 2017 4:30 P.M. Meeting Location: Downtown Anaheim Community Center, Assembly Hall 250 East Center Street, Anaheim, California Call to order the Anaheim City Council. 4:35 P.M. Members Present: Mayor Tait and Council Members Murray, Barnes, Moreno, Kring, and Faessel. Mayor Pro Tem Vanderbilt joined the meeting at 4:37 P.M. ADDITIONS\DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Two speakers Recess to closed session. 4:38 P.M. 4:30 P.M. - CLOSED SESSION 4:38 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Daniel Cahill v. City of Anaheim, et al., Orange County Superior Court Case No. 30-2017-00956143-CU-WT-CJC 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Jason Motsick, Acting Human Resources Director Name of Employee Organizations: Anaheim Firefighters Association, Local 2899 Reconvene the Anaheim City Council. 5:44 P.M. 5:00 P.M. 5:44 P.M. Invocation: Father Constantine Trumpower, St. John the Baptist Greek Orthodox Church Flag Salute: Mayor Pro Tem James Vanderbilt Presentations: Recognizing the Anaheim Beautiful Holiday Lights Winners Recognizing the 5th Anniversary of Grupo Folklorico Desafio Call to order the Successor Agency to the Anaheim Redevelopment Agency, Anaheim Housing and Public Improvements Authority, Anaheim Public Financing Authority and Anaheim Housing Authority (in joint session with the Anaheim City Council). 5:58 P.M. ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items, except public hearings): 31 speakers 3 December 19, 2017 COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Kring reported the “Shop with a Cop” event and requested the meeting be adjourned in memory of Firefighter Cory Iverson. Council Member Barnes requested the meeting be adjourned in memory of Cory Case, hit-and-run victim. Council Member Moreno offered thanks for the community triage day and to the community for coming to meetings and engaging with government. Council Member Murray thanked staff and the community service providers for their efforts and participation in the community triage day and reported over 50 people had received shelter, over 100 received additional support services, 33 pets received vaccines and veterinarian servies, and over 500 contacts were made. Mayor Tait thanked Council Member Murray for her efforts with the triage day and requested the meeting adjourn in memory of San Francisco Mayor Ed Lee. CITY MANAGER’S UPDATE: Interim City Manager Linda Andal, referencing Item No. 12, reported S&P completed its annual review of the city’s portfolio and raised the city’s investment rating to AA+, which increased the city’s credit quality and strength. Mayor Tait added there were no significant changes on the annual audit report and thanked Finance Manager/City Treasurer Debbie Moreno and staff for their efforts. Recess the Anaheim City Council, Anaheim Housing and Public Improvements Authority, Anaheim Public Financing Authority and Anaheim Housing Authority. 7:39 P.M. 5:00 P.M. – SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 7:39 P.M. CONSENT CALENDAR: MOTION: JM/KM APPROVED VOTE: 7-0 1. Approve minutes of Successor Agency to the Redevelopment Agency meeting of November 7, 2017. 2. RESOLUTION NO. SA 2017-003 A RESOLUTION OF THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY approving a Debt Issuance and Management Policy in accordance with Senate Bill 1029. Adjourn the Successor Agency to the Redevelopment Agency. 7:40 P.M. Reconvene the Anaheim Housing and Public Improvements Authority, Anaheim City Council and Anaheim Public Financing Authority. 7:40 P.M. 5:00 P.M. HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY 7:40 P.M. CONSENT CALENDAR: MOTION: LK/JM APPROVED VOTE: 7-0 3. Approve minutes of Housing and Public Improvements Authority meeting of December 5, 2017. 4 December 19, 2017 END OF CONSENT CALENDAR 4. Consider a resolution of the Housing and Public Improvements Authority and a resolution of the City Council, each separately, authorizing the issuance of Anaheim Housing and Public Improvements Authority Sewer Revenue Bonds, Series 2018, in an aggregate principal amount not to exceed $54,000,000, and a resolution of the Public Financing Authority authorizing the execution and delivery of an Escrow Agreement related to Sewer Revenue Bonds, Series 2007. Item No. 04 Discussion. Housing and Public Improvements Authority Action: 4-A. RESOLUTION NO. AHPIA 2017-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANAHEIM HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY authorizing the issuance of Anaheim Housing and Public Improvements Authority Sewer Revenue Bonds, Series 2018, in an aggregate principal amount of not to exceed $54,000,000, authorizing the execution and delivery of an Indenture, an Installment Purchase Agreement and a Bond Purchase Agreement, authorizing the distribution of a Preliminary Official Statement and an Official Statement in connection therewith and authorizing other matters related thereto. Item No. 4-A. MOTION: LK/KM APPROVED VOTE: 7-0 City Council Action: 4-B. RESOLUTION NO. 2017-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the execution and delivery of an Installment Purchase Agreement, a Bond Purchase Agreement and a Continuing Disclosure Agreement in connection with the issuance by the Anaheim Housing and Public Improvements Authority of its Anaheim Housing and Public Improvements Authority Sewer Revenue Bonds, Series 2018, approving the form of an Indenture pursuant to which said bonds are to be issued, authorizing the distribution of a Preliminary Official Statement and an Official Statement in connection therewith and authorizing other matters related thereto. Item No. 4-B. MOTION: LK/KM APPROVED VOTE: 7-0 Public Financing Authority Action: 4-C. RESOLUTION NO. APFA 2017-003 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANAHEIM PUBLIC FINANCING AUTHORITY authorizing the execution and delivery of an Escrow Agreement and authorizing other matters related thereto (Sewer Revenue Bonds, Series 2007 to fund sewer system improvements throughout the City). Item No. 4-C. MOTION: DB/LK APPROVED VOTE: 7-0 Adjourn the Anaheim Housing and Public Improvements Authority, Public Financing Authority and Anaheim City Council. 7:46 P.M. Reconvene the Anaheim Housing Authority. 7:46 P.M. 5 December 19, 2017 5:00 P.M. - HOUSING AUTHORITY 7:46 P.M. CONSENT CALENDAR: MOTION: LK/DB APPROVED VOTE: 7-0 5. Receive and file the Housing Successor Annual Report, and authorize the Executive Director to submit the Annual Report as a part of the City's annual report on the General Plan submitted to the State Department of Housing and Community Development pursuant to Government Code Section 65400 and post the report on the City of Anaheim's website. Item No. 05 Discussion. 6. Approve a Purchase and Sale Agreement for Acquisition of Real Property and Escrow Instructions with Thach Van Dinh and Sang Thi Tran, in the amount of $880,000, for the purchase of approximately 1/3 of an acre located at 130 W. Elm Street; approve an All-Inclusive Settlement Agreement and General Release of Relocation Assistance and Benefits with Thach Dinh and A & John Auto Body and Paint, in the amount of $250,000; and authorize the Executive Director, or his designee, to execute and administer the agreements 7. Approve and authorize the Executive Director to execute and administer an Agreement for Sale of Property and Joint Escrow Instructions with Evergreen Capital Assets, LLC, in the amount of $14,000,000, for the purchase of approximately 3.6 acres located at 130 S. Beach Blvd. 8. Approve minutes of Housing Authority meeting of December 5, 2017. Adjourn the Anaheim Housing Authority. 7:50 P.M. Reconvene the Anaheim City Council. 7:50 P.M. 5:00 P.M. - CITY COUNCIL 7:50 P.M. Items pulled for discussion: Mayor Pro Tem Vanderbilt: Item Nos. 10 & 35 Council Member Faessel: Item No. 19 Mayor Tait: Item No. 23 Council Member Moreno: Item Nos. 32 & 33 Council Member Barnes: Item No. 38 MOTION: _LK/KM____ Waive reading in full of all ordinances and resolutions and adopt the consent calendar. APPROVED VOTE: 7-0. (Item No. 26: Mayor Tait declared a potential conflict; APPROVED VOTE: 6-0-1 (AYES: Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and Faessel; ABSTAIN: Mayor Tait). Motion carried. CONSENT CALENDAR: 9. Approve recognitions recognizing the retirement of OC Human Relations Commission CEO Rusty Kennedy, Kristine Ridge’s 24 years of service with the City of Anaheim, the five-year anniversary of the folklorico group, Desafio, and Katella High School Football Team for their CIF Championship. 6 December 19, 2017 10. Police Review Board Informational Item. Item No. 10 Discussion. No separate action taken. 11. Approve the 2018 Investment Policy. 12. Approve the Investment Portfolio Report for November 2017. 13. Accept the lowest responsive bid from Abbot Industrial Supplies Intl., Inc., in the amount of $58,622.50 plus applicable tax, to provide as needed trash can liners for the Anaheim Convention Center for a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise renewal options in accordance with Bid #9036. 14. Accept the bid of Danny Letner Inc., DBA Letner Roofing Company, in the amount of $367,900 plus a 15% contingency, for roof repairs at City Hall and authorize the Purchasing Agent to execute a Purchase Order in accordance with Bid #9040. 15. Accept the bid of Graycon Inc., in the amount of $567,494 plus a 15% contingency, to remove and replace a chiller system serving the large Exhibit Hall A at the Anaheim Convention Center and authorize the Purchasing Agent to issue a Purchase Order in accordance with Bid #9032. 16. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a new master agreement to Aramark Services Inc., in the estimated amount not to exceed $46,000, for the furnishing of meals at the Anaheim Police Department detention facility for the one year period from January 1, 2018 through December 31, 2018. 17. Waive the sealed bid requirement of Council Policy 4.0 and approve an agreement with BrightView Landscape Services, Inc., in the amount of $518,500, for citywide outdoor maintenance services including weed abatement, debris and litter removal, alley clearing, and bus shelter cleaning for a one-year period and authorize the Purchasing Agent to issue the master agreement. 18. Waive the sealed bid requirement of Council Policy 4.0, and authorize the Purchasing Agent to issue purchase orders to KONE Inc., in the aggregate amount of $386,290 plus a 10% contingency to cover any increase in labor rates that will become effective January 1, 2018, for repairs to six elevators, thirteen escalators, and upgrades to the original freight elevator at the Anaheim Convention Center under the terms of the cooperative U.S. Communities, Contract #GENRL-20144654-00, which was issued by the City of Denver. Mayor Pro Vanderbilt temporarily left the meeting at 8:30 P.M. and returned to the dais at 8:38 P.M. 19. Waive Council Policy 4.1 and approve and authorize the Fire Chief to execute and take the necessary actions to implement an agreement with AP Triton, LLC, in an amount not to exceed $140,000, for the development of an ambulance subcontracting feasibility study and to implement an ambulance subcontract request for proposals. Item No. 19 Discussion. MOTION: TT/DB to continue to January 9, 2018. APPROVED 7 December 19, 2017 VOTE: 6-0 (AYES: Mayor Tait and Council Members Murray, Barnes, Moreno, Kring, and Faessel; ABSENT: Mayor Pro Tem Vanderbilt). Motion carried. Item No. 19 continued to January 9, 2018. 20. Determine, on the basis of the evidence submitted by Kaiser Foundation Hospitals, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2007-00003 for the 2016-2017 review period for the Kaiser Hospital Campus Project located at 3400-3450 East La Palma Avenue and 959-1001 North Grove Street. 21. Approve an agreement with Paul Maurer, dba Paul Maurer Shows, for the Cinco de Mayo Fiesta carnival operations at La Palma Park from May 3-6, 2018 and authorize the City Manager to execute and extend the agreement upon the same terms and conditions for four additional one- year terms upon expiration of the original term. 22. Approve a Supplemental Agreement to the Wireline Crossing Agreement dated December 2, 2016 with Union Pacific Railroad Company for a new power line crossing underneath the railroad tracks on Katella Avenue, west of Lewis Street, with a one-time license fee, in the amount of $4,800, and authorize the Public Utilities General Manager to execute the Supplemental Agreement and related documents and take the necessary actions to implement the Agreement, as amended by the Supplement. 23. Determine that the design and construction of shade structures with solar energy systems (Project) is categorically exempt from the California Environmental Quality Act pursuant to Sections 15303(e), 15304, and 15311 of Title 14 of the California Code of Regulations; determine the proposal submitted by REC Solar Commercial Corporation is the most advantageous to the City for completion of the Project; award to REC Solar Commercial Corporation a Design-Build Agreement, in the amount of $6,122,344, to design and construct the Project and waive any irregularities in any of the proposal documents; approve the agreement, in substantial final form, and authorize the Public Works Director, or designee, to execute other related documents and take the necessary actions to implement and administer the agreement; authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions in accordance with Public Contract Code Section 22300; approve and authorize the Interim City Manager to execute nine solar host site License Agreements, in substantial form, with Anaheim Elementary School District, Centralia School District, Magnolia School District, Placentia-Yorba Linda Unified School District and Savanna School District to allow the City to construct and maintain the project on School District properties, including annual cumulative license payments of $110,801 per year subject to increases for additional capacity and rate adjustments; and authorize the Public Utilities General Manager to execute any other related documents, and take the necessary actions to implement and administer the License Agreements. Item No. 23 Discussion. MOTION: SF/KM APPROVED VOTE: 7-0 24. Approve the Agreement for Acquisition of Real Property with McElroy Holdings, LLC, in the acquisition payment amount of $15,000, for property located at 1300 East Gene Autry Way for a portion of right of way for a Street and Public Utility Easement and a Temporary Construction Easement for the Gene Autry Way and State College Boulevard Improvement Project (R/W ACQ2017-00908). 25. Approve and authorize the Director of Public Works to execute agreements with BOA Architecture, Creative Design Associates, IDS Group, Inc., NAC Architecture, and Robert Borders 8 December 19, 2017 & Associates, in an amount not to exceed $1,000,000 per contract year with a maximum limit of $400,000 per work order, to perform on-call consulting for Public Works Fleet and Facility Services at various city-owned facilities for a two year term with up to two two-year extensions. 26. Approve and authorize the Interim City Manager to execute a Site License Agreement for Telecommunications Facilities Mounted on City Facilities, in substantial form, with Los Angeles SMSA Limited Partnership dba Verizon Wireless (Verizon) which authorizes Verizon to install 41 distributed antenna system antennas in the Anaheim Convention Center Expansion project to provide cellular service coverage; pay to the City a monthly fee, in the amount of $3,485, with an initial term of ten years with up to two automatic successive five year renewals; and pay to the City a one-time fee, in the amount of $196,295.75, for reimbursement of Verizon’s apportioned share of the furnishings and installation of all infrastructure costs for cellular providers as noted in the City of Anaheim Department of Public Works Anaheim Convention Center Betterment VII Project Change Order B; authorize the Executive Director of the Convention, Sports & Entertainment Department to execute any other related documents, and take the necessary actions to implement and administer the Agreement; and authorize de minimis changes that do not substantially change the terms and conditions of the agreement, as determined by the City Attorney's Office. Item No. 26 Mayor Tait declared a potential conflict; APPROVED VOTE: 6-0-1 (AYES: Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and Faessel; ABSTAIN: Mayor Tait). 27. RESOLUTION NO. 2017-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a public utility easement pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (ABA2013-00271; 8290 East Crystal Drive). 28. RESOLUTION NO. 2017-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of an emergency access easement located at 1541 - 1551 E. Wright Circle, pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment No. ABA2017-00367). 29. RESOLUTION NO. 2017-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed No. 12171) (8150 E. Santa Ana Canyon Road; public right-of-way purposes). 30. RESOLUTION NO. 2017-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 12172 and 12173) (Gene Autry Way and State College Boulevard Improvement Project and future city rights-of-way purposes). 31. RESOLUTION NO. 2017-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM certifying that Anaheim has the resources to fund the projects submitted for inclusion in the FY 2018/19 - FY 2023/24 Transportation Improvement Program and affirming its commitment to implement all of the projects submitted in the program. 9 December 19, 2017 32. RESOLUTION NO. 2017-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Works Director or his designee to submit a grant application on behalf of the City of Anaheim to the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal Synchronization Program for Katella Avenue Project, and if awarded, authorizing the acceptance of such grant funds on behalf of the City and amending the budget accordingly, and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15301(b) Class 1. Item No. 32 Discussion. MOTION: JM/LK APPROVED VOTE: 7-0 33. RESOLUTION NO. 2017-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Works Director or his designee to submit a grant application on behalf of the City of Anaheim to the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal Synchronization Program for Orangethorpe Avenue/Esperanza Road Project, and if awarded, authorizing the acceptance of such grant funds on behalf of the City and amending the budget accordingly, and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15301(b) Class 1. Item No. 33 Discussion. MOTION: JM/LK APPROVED VOTE: 7-0 34. RESOLUTION NO. 2017-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Community and Economic Development). 35. RESOLUTION NO. 2017-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a fast tracked and no-cost plan review program; waiving Public Works, Building, Planning and Fire plan check fees applicable to the repair or reconstruction of structures damaged as a result of the Canyon Fire 2; and waiving the Specimen Tree Removal Permit Fee for trees within the burn area and damaged by the Canyon Fire 2. Item No. 35 Discussion. MOTION: TT/JV APPROVED VOTE: 7-0 36. RESOLUTION NO. 2017-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting certain fees in connection with processing Business License Applications under Title 3 of the Anaheim Municipal Code. 37. ORDINANCE NO. 6424 (ADOPTION) 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. 2017-00307; DEV2017-00048) (645 South Magnolia Avenue; rezoning from T Transition zone to RS-3 Single-Family Residential zone) (Introduced at Council meeting of December 5, 2017, Item No. 21). 38. ORDINANCE NO. 6425 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapters 18.04 (Single-Family Residential Zones); 18.06 (Multiple-Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.44 (Signs); 18.46 (Landscaping and Screening); 18.62 (Administrative Reviews); 18.92 (Definitions); 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1)); and 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1)) of Title 18 (Zoning) of the Anaheim Municipal Code and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental 10 December 19, 2017 Quality Act (CEQA) Guidelines, Section 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment (Zoning Code Amendment No. 2017-00141; Adjustment No. 11 to the Disneyland Resort Specific Plan (SPN92-1Q); Adjustment No. 4 to the Anaheim Canyon Specific Plan (SPN2015-00001D); DEV2017-00097) (Introduced at Council meeting of December 5, 2017, Item No. 22). Item No. 38 Council Member Barnes declared a potential conflict and left the dais at 8:50 P.M. MOTION: LK/SF APPROVED VOTE: 6-0-1 (AYES: Mayor Tait and Council Members Vanderbilt, Murray, Moreno, Kring, and Faessel; ABSTAIN: Council Member Barnes). Council Member Barnes returned to the dais at 8:52 P.M. 39. ORDINANCE NO. 6426 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM levying special taxes within certain territory annexed to City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle) (Introduced at Council meeting of December 5, 2017, Public hearing Item No. 30). 40. Approve minutes of the City Council meeting of April 4, 2017. END OF CONSENT CALENDAR 8:51 P.M. 41. Appoint or reappoint representatives to serve on the Anaheim Union High School District Foundation, for a one year term ending December 31, 2018 (currently held by Mayor Tait and Mayor Pro Tem Vanderbilt). APPOINTMENT: _______________________ APPOINTMENT: _______________________ Item No. 41 Discussion. MOTION: TT/SF to continue to January 9, 2018. APPROVED VOTE: 7-0. Item No. 41 continued to January 9, 2018. 42. Nominate and appoint one Council Member to serve as Mayor Pro Tem for the 2018 calendar year (continued from Council meeing of December 5, 2017, Item No. 24). Item No. 42 Discussion. MOTION: TT/DB to nominate Council Member Moreno. VOTE: 3-0-4 (AYES: Mayor Tait and Council Members Barnes and Moreno; ABSTAIN: Mayor Pro Tem Vanderbilt and Council Members Murray, Kring, and Faessel). Motion failed. MOTION: LK/SF to nominate Mayor Pro Tem Vanderbilt. No vote taken. MOTION: JV/SF to continue to January 9, 2018. APPROVED VOTE: 6-0-1 (AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Kring, and Faessel; ABSTAIN: Council Member Moreno). Motion carried. Item No. 42 continued to January 9, 2018. 11 December 19, 2017 43. RESOLUTION NO. 2017-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing City Council Policy 1.10 regarding the City’s policy on recognitions and City proclamations. Item No. 43 Discussion. MOTION: TT/LK to approve with an amendment to Council Policy 1.10 removing the following language under the criteria in which proclamations or certificates will not be issued for: “Matters of political controversy, ideological or religious beliefs, or individual convictions” (first bullet point). APPROVED VOTE: 7-0. 44. Discuss and consider directing staff to send a letter to the American Civil Liberties Union (ACLU), asking the ACLU to i) retract its report entitled "Anaheim Police Department Use of Force Report 2017" because of inaccuracies contained therein, and ii) issue an apology for those inaccuracies. Item No. 44 Discussion. MOTION: KM/LK to direct the City Attorney to draft and send a letter to the national ACLU and its southern California chapter addressing facts and rankings as referenced in the staff report and requesting a retraction of their letter and apologies to individually-named police officers. APPROVED VOTE: 6-0-1 (AYES: Mayor Tait and Council Members Vanderbilt, Murray, Kring, Barnes, and Faessel; ABSTAIN: Council Member Moreno). Motion carried. 5:30 P.M. PUBLIC HEARINGS: 10:04 P.M. 45. CEQA MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT NO. 2016-00509 RECLASSIFICATION NO. 2016-00293 CONDITIONAL USE PERMIT NO. 2017-05933 TENTATIVE TRACT MAP NO. 18045 (DEV2016-00042) OWNER: Zachary J. Sham, H & L Investment, 2600 Newport Blvd. #154, Newport Beach, CA 92663 APPLICANT: Frank Chen, KB Home, 36310 Inland Valley Dr., Wildomar, CA 92595 Location: 312-400 South Euclid Street and 1678 West Broadway Request: The following land use entitlements are being requested: (i) a General Plan Amendment to redesignate the property from the General Commercial and Corridor Residential to the Low-Medium Density Residential designation; (ii) a Reclassification, or rezoning, of property from the “C-G” General Commercial zone to the “RM-3” Multiple Family Residential zone; (iii) a Conditional Use Permit to allow a 39-unit detached and attached single-family residential development with modified development standards; and (iv) Tentative Tract Map to create a 1-lot, 39-unit condominium subdivision. Environmental Determination: The City Council will consider whether a Mitigated Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of the following: CEQA Mitigated Negative Declaration (PC2017-079), General Plan Amendment No. 2016-00509 (PC2017-080), Reclassification No. 2016-00293 (PC2017-081), Conditional Use Permit No. 2017-05933 (PC2017-082), Tentative Tract Map No. 18045 (PC2017-083) with modification to the Conditional Use Permit resolution by deleting Condition Nos. 25 and 26 relating to review and approval of a Lot Line Adjustment and Certificate of Compliance. Vote: 5-0 (Chairperson Dalati and Commissioners Armstrong, Gillespie, Lieberman and White voted yes. Commissioners Carbajal and Keys were absent.) Motion Carried. (Planning Commission meeting of November 13, 2017) 12 December 19, 2017 RESOLUTION NO. 2017-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting a Mitigated Negative Declaration along with Mitigation Monitoring Plan No. 348 for proposed General Plan Amendment No. 2016-00509, Reclassification No. 2016-00293, Conditional Use Permit No. 2017-05933, and Tentative Tract Map No. 18045 (DEV2016-00042; 312-400 South Euclid Street and 1678 West Broadway). RESOLUTION NO. 2017-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim and making findings in connection therewith (General Plan Amendment No. 2016-00509; DEV2016-00042; 312-400 South Euclid Street and 1678 West Broadway). ORDINANCE NO. 6427 (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. 2016-00293; DEV2016-0042; 312-400 South Euclid Street and 1678 West Broadway). RESOLUTION NO. 2017-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2017-05933 and making certain findings in connection therewith (DEV2016-00042; 312-400 South Euclid Street and 1678 West Broadway). Approved, as amended. RESOLUTION NO. 2017-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 18045 (DEV2016-00042; 312-400 South Euclid Street and 1678 West Broadway). Item No. 45 Discussion. Mayor Tait opened the public hearing. Public comments by five speakers. Mayor Tait closed the public hearing. MOTION: LK/DB to approve including the amended resolution for the Conditional Use Permit revising Condition No. 23. APPROVED VOTE: 7-0. Motion carried; ordinance introduced. 46. This is a public hearing to consider a resolution authorizing the the condemnation and acquisition of certain real property located at 1605 East Gene Autry Way for the Gene Autry Way and State College Boulevard Improvement Project. RESOLUTION NO. 2017-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition of property located at 1605 East Gene Autry Way for the purposes of the Gene Autry Way and State College Boulevard Improvement Project (R/W ACQ2017-00910). Item No. 46. Dicussion. Mayor Tait opened the public hearing. Public comments by four speakers. Mayor Tait closed the public hearing. MOTION: TT/LK to approve as amended. APPROVED VOTE: 5-1-1 (AYES: Mayor Tait and Council Members Murray, Barnes, Kring, and Faessel; NOES: Mayor Pro Tem Vanderbilt; ABSTAIN: Council Member Moreno). Motion carried. Land Use - Zoning 13 December 19, 2017 Report on Closed Session Actions: None Council Communications/Agenda Requests: Council Member Faessel announced the new welcome kit sent to new customers by Anaheim Public Utilities. Mayor Pro Tem Vanderbilt requested an evaluation of the Interim City Manager at the next meeting. Council Member Barnes requested an agenda item for January 9, 2018 to review the Council Policy regarding use of electronic devices on the dais and requested only City-issued devices be allowed. Council Member Moreno reiterated Mayor Pro Tem Vanderbilt’s request for an evaluation of the Interim City Manager, announced the District 3 newsletter was available online, addressed comments and actions regarding the Mayor Pro Tem position, and wished everyone a Merry Christmas and Happy Holidays. Council Member Kring provided background information on the appointment of Mayor Pro Tem; announced the opening of a new Mexican restaurant, La Sirena, at Katella and Walnut; requested the “Shop With a Cop” video be played at the next Council meeting and placed on the website; recognized Council Member Murray for the community triage day; offered congratulations and best wishes to Kristine Ridge; and wished everyone a Happy Hannukah, Merry Christmas, and Happy New Year. Council Member Murray expressed her appreciation for all involved in the community triage day; thanked staff for cooridinating the off-site location for the Council meeting; requested resolutions of support for Josh Viera and Scott Nelson for their efforts in stopping an arsonist in Anaheim Hills; thanked Kristine Ridge for her 20+ years of service to Anaheim and wished her well in her new position; and wished everyone a Happy Hannukah, Merry Christmas, and Happy New Year. Mayor Tait announced the opening of the Ponderosa Park Family Resource Center. Adjournment: 12:20 A.M., in memory of Cory Iverson, Cory Case, and Ed Lee. Next regular City Council meeting is scheduled for January 9, 2018. All agenda items and back-up materials are available for review at the Anaheim City Clerk’s Office, www.anaheim.net 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 made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours. 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 modification, accommodation, aid or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5166, no later than 10:00 AM on the day preceding the scheduled meeting. 14 December 19, 2017 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. POSTING STATEMENT: On December 15, 2017, a true and correct copy of this agenda was posted on the kiosk outside City Hall, 200 S. Anaheim Blvd. Internet Access to City Council/Successor Agency to the Redevelopment Agency/Housing Authority agendas and related material is available prior to City Council Meetings at www.anaheim.net.