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11-20-18_ActionTom Tait Mayor Dr. Jose F. Moreno Mayor Pro Tem District 3 Kris Murray Council Member At Large James Vanderbilt Council Member At Large Denise Barnes Council Member District 1 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 ANAHEIM CITY COUNCIL ACTION AGENDA NOVEMBER 20, 2018 CITY COUNCIL PUBLIC FINANCING AUTHORITY HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY HOUSING AUTHORITY TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), this meeting will include teleconference participation by Council Member Murray from: Hampton Inn Dulles/Cascades, 46331 McClellan Way, Sterling, Virginia 20165 with the room number posted in the hotel lobby. This Notice and Agenda will be posted at the teleconference location. Public comment on the agenda from this address shall be allowed pursuant to Government Code Section 54954.3. • 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 interpretaci6n al espanol en las juntas del Consejo. La interpretaci6n simultanea al espanol se ofrece por medio del use de and"ifonos y la interpretaci6n consecutiva (espahol a ingles) tambien esta disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petici6n en el podio. No tiene que usar los servicios de interpretaci6n de la Ciudad; las personas pueden proveer su propio interprete, si to desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los interpretes puedan traducir a un dialecto o regionalismo en particular y rehusa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretaci6n en otros idiomas, comuniquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada. ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA NOVEMBER 20, 2018 3:00 P.M. TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), this meeting will include teleconference participation by Council Member Murray from: Hampton Inn Dulles/Cascades, 46331 McClellan Way, Sterling, Virginia 20165 with the room number posted in the hotel lobby. This Notice and Agenda will be posted at the teleconference location. Public comment on the agenda from this address shall be allowed pursuant to Government Code Section 54954.3. Call to order the Anaheim City Council. 3:07 P.M. MEMBERS PRESENT: Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, Faessel, and Council Member Murray (via teleconference). ADDITIONS\DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: 1 speaker Recess to closed session. 3:12 P.M. 3:00 P.M. - CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: People's Homeless Task Force, et al., v. City of Anaheim, USDC Court Case No. 8:18-cv-00642 DOC (KESx) 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Shelley McKerren v. City of Anaheim, Orange County Superior Court Case: No. 30-2017-0000938143-C U -O E -CJ C 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: Name of Case: One potential case. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the California Government Code) Property: Assessor Parcel Number: 253-601-02: 1621 S. Douglass Rd, Anaheim, CA 92806; Assessor Parcel Number: 253-521-16 and 253-521-17: 2695 E. Katella Ave, Anaheim, CA 92806 Agency Negotiators: Chris Zapata, City Manager; Linda Andal, City Clerk; and Tom Morton, Executive Director of Convention, Sports & Entertainment Negotiating Parties: Anaheim Arena Management and City of Anaheim Under Negotiation: Price and Terms of Payment 2 November 20, 2018 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the California Government Code) Property: 3035 E. La Mesa Street, Anaheim, CA Agency Negotiators: Chris Zapata, City Manager; John Woodhead, Community and Economic Development Director Negotiating Parties: City of Anaheim and Chris Vance Under Negotiation: Price and Terms of Payment 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the California Government Code) Property: 3431 La Palma Avenue, Anaheim, CA Agency Negotiators: Chris Zapata, City Manager; John Woodhead, Community and Economic Development Director Negotiating Parties: City of Anaheim, Bill Taormina, and ARMO Corp. Under Negotiation: Price and Terms of Payment Reconvene the Anaheim City Council. 5:12 P.M. 5:00 P.M. 5:12 P.M. Invocation: Pastor Jose Ortega, Calvary Chapel Anaheim Flag Salute: Council Member Lucille Kring Presentations: Recognizing Araceli Castellon, Victoria's Garden Florist owner, for Acts of Kindness Recognizing Sister City Commissioner Anthony AI -Jamie for his valuable work with the Sister City Commission Recognizing outgoing Council Members for their service to the City of Anaheim Acceptance of Other Recognitions (To be presented at a later date): Recognizing November 24, 2018, as Small Business Saturday Call to order the Anaheim Public Financing Authority, Anaheim Housing and Public Improvements Authority, and Anaheim Housing Authority (in joint session with the City Council). 5:47 P.M. ADDITIONS/DELETIONS TO THE AGENDAS: City Clerk Linda Andal announced an amendment to the 2019 meeting calendar, Item Nos. 1, 3, 5, and 29, advising the February 26, 2019 meeting will be moved to February 19, 2018. She also reported staff requested to withdraw Item No. 34 City Attorney Robert Fabela reported out of Closed Session, that for Item No. 5 Council unanimously authorized staff to negotiate the purchase of 3035 E. La Mesa Street with a purchase price not to exceed $3.95 million. PUBLIC COMMENTS (all agenda items, except public hearings): 34 speakers. No speakers from teleconference location. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Murray expressed her honor to serve the City. 3 November 20, 2018 Council Member Vanderbilt thanked residents for allowing him to serve as the last citywide -elected Council Member, acknowledged staff and community members for city events, and thanked his aide, Helen Myers, for her service. Council Member Faessel expressed his appreciation for mentorship by Council Members Murray and Vanderbilt and expressed his honor to serve with Mayor Tait. He offered congratulations to all, looked forward to working with the new Council Members, and wished those leaving a fond farewell. Mayor Tait thanked all those who spoke for him during public comments; thanked his wife, Julie, for her support; and reflected on his 18 years as Council Member and Mayor. CITY MANAGER'S UPDATE: City Manager Chris Zapata, on behalf of City staff, thanked Mayor Tait and Council Members Murray and Vanderbilt for their service to the city. Recess the Anaheim City Council, Anaheim Housing and Public Improvements Authority, and Anaheim Housing Authority. 7:35 P.M. 5:00 P.M. - PUBLIC FINANCING AUTHORITY 7:35 P.M. CONSENT CALENDAR: MOTION: LK/DB ROLL CALL VOTE: 7-0. RESOLUTION NO. APFA-2018-004 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM PUBLIC FINANCING AUTHORITY establishing the dates and time for regular meetings of the Authority for the 2019 calendar year. Approved, as amended. 2. Approve minutes of the Public Financing Authority meeting of July 17, 2018. Adjourn the Anaheim Public Financing Authority. 7:36 P.M. Reconvene the Anaheim Housing and Public Improvements Authority. 7:36 P.M. 5:00 P.M. - HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY 7:36 P.M. CONSENT CALENDAR: MOTION: LK/DB ROLL CALL VOTE: 7-0. 3. RESOLUTION NO. AHPIA-2018-001 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY establishing the dates and time for regular meetings of the Authority for the 2019 calendar year. Approved, as amended. 4. Approve minutes of the Housing and Public Improvements Authority meeting of December 19, 2017. Adjourn the Anaheim Housing and Public Improvements Authority. 7:37 P.M. Reconvene the Anaheim Housing Authority. 7:37 P.M. 4 November 20, 2018 5:00 P.M. - HOUSING AUTHORITY 7:37 P.M. CONSENT CALENDAR: MOTION: LK/DB ROLL CALL VOTE: 7-0. 5. RESOLUTION NO. AHA -2018-002 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY establishing the dates and time for regular meetings of the Authority for the 2019 calendar year. Approved, as amended. 6. Approve minutes of the Housing Authority meetings of May 23, 2017 and August 14, 2018. Adjourn the Anaheim Housing Authority. 7:38 P.M. Reconvene the Anaheim City Council. 7:38 P.M. 5:00 P.M. - CITY COUNCIL 7:38 P.M. Items pulled for discussion: Council Member Faessel: Item No. 22 Council Member Kring: Item No. 31 MOTION: LK/DB Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 7-0 (Item Nos. 11, 25, and 26: Mayor Tait declared a potential conflict of interest; ROLL CALL VOTE: 6-0-1 (AYES: Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel; ABSTAIN: Mayor Tait)). Motion carried. CONSENT CALENDAR: 7. Receive and file minutes of the Senior Citizen Commission meetings of November 16, 2017, January 18, 2018, March 15, 2018, and July 19, 2018; and Youth Commission meetings of October 5, 2017, November 2, 2017, December 7, 2017, February 1, 2018, and March 1, 2018. 8. Approve proclamation recognizing Anaheim Beautiful Holiday Lights Winners. 9. Approve the Investment Portfolio Report for October 2018. 10. Approve carryover expenditure appropriations of $72,035,359 from Fiscal Year 2017/18 to Fiscal Year 2018/19 for projects previously approved by the City Council but not yet completed. 11. Amend the Fiscal Year 2017/18 Budget by increasing appropriations in the Planning and Building Department by $1,050,000 for costs associated with the contract with the County to provide animal control services, the graffiti abatement contract, and short-term rental hardship applications. Item No. 11 Mayor Tait declared a potential conflict of interest. ROLL CALL VOTE: 6-0-1 (AYES: Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel; ABSTAIN: Mayor Tait). Motion carried. 5 November 20, 2018 12. Authorize the Finance Director to increase the Public Works Fiscal Year 2018/19 budget by $7.9 million to implement transportation improvements in The Anaheim Resort funded by the Anaheim Tourism Improvement District, including widening eastbound Katella Avenue adjacent to the Convention Center, installing Intelligent Transportation System improvements, implementing sign improvements and conducting sign -related project management activities. 13. Approve and authorize the Finance Director to execute a Termination Agreement, in substantial form, to effect the City's election to exercise the Purchase Option under the Honda Center lease - in, lease -out transaction and take the necessary or appropriate actions in connection therewith (2695 E. Katella Avenue). 14. Accept the bid from Tom's Aircraft LLC., in the amount of $204,437.70 plus applicable tax, for as needed airplane engine and airframe parts, components and labor for the Police Air Support Division for a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9115. 15. Accept the bid from Tajen Graphics Inc., in the amount of $51,262.52 plus applicable tax, for as needed citywide printing services of letterhead, business cards and envelopes for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9211. 16. Accept the bid from GMAT, in the amount of $119,900, to remove, furnish, and install new sectional roll -up doors for Fire Stations 2, 9, and 10, and authorize the Purchasing Agent to execute the purchase order, in accordance with Bid #9210. 17. Accept the bids of JPC Online Holdings, LLC and Glass Box Technology, in the respective amounts of $35,880 and $89,499.62 plus applicable tax, for the purchase of network equipment and maintenance at various City locations, in accordance with Bid #9218. 18. Approve the Final Map and Subdivision Agreement with KB Home Coastal, Inc. for Tract No. 18045 for property located at 312-400 South Euclid Street and 1678 West Broadway for the establishment of a 39 detached and attached residential units for condominium purposes. 19. Approve an agreement with Keolis Transit Services, LLC, dba Western Transit Systems, for the operation of the Senior Mobility Program to provide transportation services to Anaheim senior citizens for a term of five years with an option for the Community Services Director to renew the agreement for an additional two years under the same terms and conditions. 20. Approve an agreement with RCS Investigations & Consulting, LLC, in an amount not to exceed $325,000 per year, and an agreement with Beard Investigative Services, LLC, in an amount not to exceed $50,000 per year, for pre-employment background investigations, public agency administrative investigations, and consulting and training services for a three year term with an option to renew for one additional year. 6 November 20, 2018 21. Approve and authorize the City Manager, or designee, to execute and administer a Professional Service Agreement with CSG Advisors, Inc., in an amount not to exceed $100,000, for on-call economic and financial advisory consulting services to support the Community & Economic Development Department for a one year term beginning November 1, 2018 with two one-year extensions. 22. Authorize payment to the Anaheim Union High School District for the Anaheim Innovative Mentoring Experience program, in the amount of $100,000. Item No. 22 Discussion. MOTION: SF/DB ROLL CALL VOTE: 7-0. 23. Determine, on the basis of the evidence submitted by Anaheim Capital Partners LLC; GardenWalk Hotel I, LLC and Westgate Resorts Anaheim, LLC, that the property owners have complied in good faith with the terms and conditions of each of their respective portions of Development Agreement No. 99-01 for the 2017-2018 review period pertaining to the Anaheim GardenWalk Project. 24. Determine, on the basis of the evidence submitted by PT Metro LLC, that the property owner has complied in good faith with the terms and conditions of Amended and Restated Development Agreement No. 2005-00008 for the 2018 review period for the A -Town Metro mixed-use project located in the Platinum Triangle. 25. Determine, on the basis of the evidence submitted by LTG Platinum LLC, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2015- 00001 for the 2018 review period for the LT Platinum Center mixed-use project located in the Platinum Triangle. Item No. 25 Mayor Tait declared a potential conflict of interest. ROLL CALL VOTE: 6-0-1 (AYES: Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel; ABSTAIN: Mayor Tait). Motion carried. 26. Determine, on the basis of the evidence submitted by Jefferson at Stadium Park Phase A Owner, LLC; Jefferson at Stadium Park Phase B Owner, LLC; and Jefferson at Stadium Park Phase III, LLC, that the property owners have complied in good faith with the terms and conditions of Development Agreement No. 2015-00002 for the 2018 review period for the Jefferson at Stadium Park Project located in the Platinum Triangle. Item No. 26 Mayor Tait declared a potential conflict of interest. ROLL CALL VOTE: 6-0-1 (AYES: Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel; ABSTAIN: Mayor Tait). Motion carried. 27. RESOLUTION NO. 2018-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works, or designee, to submit grant applications for Passenger Amenity Improvements at 18 bus stop locations to the Orange County Transportation Authority for funding under the Project W Safe Transit Stops Program on behalf of the City of Anaheim, and if awarded, authorizing the Director of Public Works or designee, to execute all documents required to accept the grant funds on behalf of the City and amending the budget for Fiscal Year accordingly to reflect said grant award; and, determining that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities) and Class 2, Section 15302 (Replacement or Reconstruction). 7 November 20, 2018 28. RESOLUTION NO. 2018-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Measure M2 Expenditure Report and authorizing the City of Anaheim Finance Director to sign and submit the Expenditure Report to the Orange County Transportation Authority on behalf of the City of Anaheim. 29. RESOLUTION NO. 2018-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the dates and time of regular meetings of the City Council for the 2019 calendar year. Amended, as amended. 30. ORDINANCE NO. 6447 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 17.06.131 (Slope Planting General) of Chapter 17.06 (Grading, Excavations and Fills in Hillside Areas) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code relating to planting materials on slopes and making findings and determinations in connection therewith (Introduced at Council meeting of November 13, 2018, Item No. 17). ORDINANCE NO. 6448 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code relating to tree preservation in the scenic corridor overlay zone and making findings and determinations in connection therewith(Minor Alterations to Land) (Introduced at Council meeting of November 13, 2018, Item No. 17). Determine that the proposed code amendments are exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act Guidelines, Section 15301, Class 1 (Existing Facilities) and Section 15304, Class 4 (Minor Alterations to Land) (Introduced at Council meeting of November 13, 2018, Item No. 17). 31. ORDINANCE NO. 6449 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 4.10 (Commercial Solicitation In The Resort Area); Chapter 4.52 (Peddlers and Solicitors); Chapter 12.12 (Streets and Sidewalks); Chapter 13.08 (Public Parks); and, Chapter 14.32 (Parking and Stopping) to regulate sidewalk vendors pursuant to Senate Bill No. 946 and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility that it may have a significant effect on the environment and because it is not a project as defined in Section 15378 of the CEQA Guidelines (Introduced at Council meeting of November 13, 2018, Item No. 18). Item No. 31 Discussion. MOTION: TT/SF ROLL CALL VOTE: 5-2 (AYES: Mayor Tait and Council Members Moreno, Murray, Barnes, and Faessel; NOES: Council Members Vanderbilt and Kring). Motion carried; ordinance adopted. 32. ORDINANCE NO. 6450 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code relating to emergency shelters and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental 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 (to clarify location, permitting and operational requirements and provide regulatory relief in the event of a declaration of a shelter crisis) (Introduced at Council meeting of November 13, 2018, Item No. 19). 8 November 20, 2018 33. ORDINANCE NO. 6451 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 17.37 (Public Art) to Title 17 (Land Development and Resources) of the Anaheim Municipal Code for the purpose of promoting the installation, maintenance, and restoration of public art and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental 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 (Introduced at Council meeting of November 13, 2018, Item No. 25). END OF CONSENT 8:14 P.M. 34. Consider the following actions regarding the purchase of property located at 3431 East La Palma Avenue to construct a temporary 125 emergency bed shelter and authorize provider services (continued from Council meeting of November 13, 2018, Item No. 21): Approve the Agreement for Sale of Property and Joint Escrow Instructions, in substantial form, in the amount of $4,900,000, with ARMO CORP for the property located at 3431 East La Palma Avenue (Property), for purposes of constructing a temporary 125 -bed homeless shelter, and authorize the Director of Community and Economic Development, or his designee, to execute and administer the agreement, and other documents as may be necessary to consummate the transaction. Determine that the best interests of the City of Anaheim are served by authorizing and approving the transactions contemplated herein, which include among other things, the waiver of the requirements of Anaheim Municipal Code Chapter 10.06 (Design -Build Contracting for Public Works Projects) pursuant to Resolution No. 2018-118, declaring a shelter crisis, among other actions, authorize the Public Works Director, or designees, to execute and deliver a Design Build Agreement with a selected licensed contractor for the design and construction of the Project, in an amount not to exceed $2,000,000, and the waiver of irregularities, if any, in any of the proposal documents, authorize the City Manager to execute all other related documents and to take such actions as are necessary to implement and administer the Design Build Agreement; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions in accordance with Public Contract Code Section 22300. Waive Council Policy 4.1 and approve and authorize the City Manager to enter into an agreement with Illumination Foundation that shall be reviewed and approved by the City Attorney, for site design and operation of the temporary homeless shelter for one year with two one-year renewal options, in the amount of $2,515,625 per year. Determine this action to establish and operate a temporary homeless shelter during a shelter crisis is categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (categorical exemption for existing facilities), 15303 (categorical exemption for new construction or conversion of small structures), 15304 (categorical exemption for minor alterations to land), and 15332 (categorical exemption for in -fill development projects), and none of the exceptions to the categorical exemptions identified in CEQA Guidelines Section 15300.2 apply. Increase the Public Works Fiscal Year 2018/19 budget by $2,000,000, Community Development Department's Fiscal Year 2018/19 budget by $4,900,000, and City Administration Fiscal Year 2018/19 budget by $1,250,000. Item No. 34 Staff requested withdrawal of this item. Discussion. MOTION: TT/LK to table. ROLL CALL VOTE: 7-0. 9 November 20, 2018 35. Consider the following actions with respect to the sale of City -owned property around the Honda Center, ARTIC operations, amendment of the Honda Center Facility Management Agreement, and the long-term retention of the Anaheim Ducks: Approve Amended and Restated Third Amendment to Facility Management Agreement, in substantial form, between the City as owner and Anaheim Arena Management, LLC (AAM) as manager; Approve Facility Management Agreement, in substantial form, for the Anaheim Regional Transportation Intermodal Center (ARTIC) between the City as owner and ATCM, LLC (an affiliate of AAM and controlled by H&S Ventures, LLC) as manager, as guaranteed by AAM pursuant to a Guaranty of Payment and Performance in favor of the City; and Approve the following agreements, in substantial form, relating to sale of the City owned Honda Center parking areas: Purchase and Sale Agreement between the City as seller and TS Anaheim, LLC, an affiliate of AAM and controlled by H&S Ventures, LLC, as buyer for the sale of the portions of Honda Center parking lots 1, 3, 4 and 5 owned by the City; Memorandum of Purchase and Sale Agreement between the City and Buyer; Grant Deed made by the City as grantor to Buyer as grantee, transferring the Land, and reserving to the City certain utility easements; Parking and Access Easement Agreement between Buyer as grantor and the City as easement holder, encumbering the Land; Loading Dock Easement Agreement between Buyer as grantor and the City as easement holder, encumbering portions of the Land adjacent to Honda Center; Equipment Easement Agreement between Buyer as grantor and the City as easement holder, encumbering portions of the Land adjacent to Honda Center; Quitclaim Bill of Sale made by the City to Buyer as to certain personal property interests relating to the Land; and Termination of Consent, Traffic and Parking and Non -Disturbance and Attornment Agreement among the City, Anaheim Ducks Hockey Club, LLC and AAM, terminating an out-of-date 1993 agreement establishing certain obligations of the City to the Anaheim Ducks and AAM. Item No. 35 Discussion. MOTION: TT/LK ROLL CALL VOTE: 6-1 (AYES: Mayor Tait and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel; NOES: Mayor Pro Tem Moreno). Motion carried. Mayor Tait recessed the City Council meeting at 9:54 P.M. and reconvened at 10:02 P.M. Council Member Murray re -joined the meeting via teleconference at 10:04 P.M. 10 November 20, 2018 36. Consider directing staff to prepare an appraisal of the Angel Stadium of Anaheim site. Item No. 36 Discussion. MOTION: TT/DB to direct staff to prepare an appraisal of the Angel Stadium, as is, at current market value and make available to both the public and Council. ROLL CALL VOTE: 5-2 (AYES: Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, and Faessel; NOES: Council Members Murray and Kring). Motion carried. At 10:27 P.M., Council Member Murray left the meeting. 5:30 P.M. PUBLIC HEARINGS: 10:27 P.M. 37. MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT NO. 2017-00518 RECLASSIFICATION NO. 2018-00314 CONDITIONAL USE PERMIT NO. 2017-05951 TENTATIVE TRACT MAP NO. 18152 (DEV2017-00094) LOCATION: 3534-3538 West Savanna Street OWNER: Ronald Lacher, 1201 North Tustin Avenue, Anaheim, CA 92807 APPLICANT: Chris Segesman, Bonanni Development, 5500 Bolsa Avenue, Suite 120, Huntington Beach, CA 92649 REQUEST: To approve the following land use entitlements: (i) amend the General Plan land use designation from Low -Medium Density Residential to Mid Density Residential; (ii) a Zoning Reclassification from the RM -4 (Multiple -Family Residential) to the RM -3.5 (Multiple -Family Residential) zone; (iii) a Conditional Use Permit to permit the construction of 19 attached single- family residential units with modified development standards; and (iv) a Tentative Tract Map to establish a 1 -lot, 19 -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: Mitigated Negative Declaration (Resolution No. PC2018-048); General Plan Amendment No. 2017-00518 (Resolution No. PC2018-049); Reclassification No.2018-00314 (Resolution No. PC2018-050); Conditional Use Permit No. 2017-05951 (Resolution No. 2018-051); Tentative Tract Map No. 18152 (Resolution No. 2018-052) with an added condition of approval to Conditional Use Permit, to require translucent windows be installed and maintained on (i) the third floor of the east elevations of Buildings B, C, D, and E, and all floors on the north elevation of Building C, and south elevation of Units 15 and 16 in Building D, at all times. Vote: 6-0 (Chairperson Carbajal and Commissioners Armstrong, Dalati, Gillespie, Lieberman and White voted yes. Commissioner Keys, absent.) (Planning Commission meeting of October 15, 2018). RESOLUTION NO. 2018-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to adopt a Mitigated Negative Declaration for proposed General Plan Amendment No. 2017-00518, Reclassification No. 2018-00314, Conditional Use Permit No. 2017-05951, and Tentative Tract Map No. 18152. RESOLUTION NO. 2018-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (General Plan Amendment No. 2017-00512; DEV2017-00094) (3534-3538 West Savanna Street). 11 November 20, 2018 RESOLUTION NO. 2018-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting proposed Conditional Use Permit No. 2017-05951 (DEV2017-00094; 3534-3538 West Savanna Street). RESOLUTION NO. 2018-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 18152 (DEV2017-00094; 3534-3538 West Savanna Street). ORDINANCE NO. 6452 (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. 2018-00314; DEV2017-00094) Item No. 37 Mayor Tait opened the public hearing. Public comment by 2 speakers. Mayor Tait closed the public hearing. MOTION: LK/DB ROLL CALL VOTE: 6-0 (AYES: Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel; ABSENT: Council Member Murray). Motion carried; ordinance introduced. 38. ENVIRONMENTAL IMPACT REPORT NO. 2017-00350 MITIGATION MONITORING PROGRAM NO. 342 AND THE BEACH BOULEVARD WATER SUPPLY ASSESSMENT GENERAL PLAN AMENDMENT NO. 2015-00500 SPECIFIC PLAN AMENDMENT NO. 2017-00001 ZONING CODE AMENDMENT NO. 2017-00137 RECLASSIFICATION NO. 2017-00304 (DEV2015-00014) LOCATION: The Beach Boulevard Specific Plan (Project Area) encompasses approximately 283 acres along an approximately 1.5 -mile portion of Beach Boulevard/State Route 39 (SR -39) in the City of Anaheim. The segment of Beach Boulevard within the Project Area borders the City of Buena Park to the north and the City of Stanton to the south. Major cross streets along the corridor within the City limits include Ball Road, Orange Avenue, and Lincoln Avenue. PROJECT: The Beach Boulevard Specific Plan (BBSP) Project would establish a new specific plan to guide future development within the Project Area. The BBSP Project would regulate the potential development of up to an additional 907,321 square feet of non-residential building area and 3,651 residential units within the Project Area. Approval of the BBSP Project includes approval of the following requests: General Plan Amendment No. 2015-00500 to amend the General Plan Land Use Element to be consistent with the BBSP; Specific Plan No. 2017-00001 to adopt the BBSP; Zoning Code Amendment No. 2017-00137 to adopt Chapter 18.122 (Beach Boulevard Specific Plan (SP2017-1) Zoning and Development Standards); Reclassification No. 2017-00304 to apply the zoning and development standards of the proposed new Chapter 18.122 to properties within the Project Area. ENVIRONMENTAL DETERMINATION: Environmental Impact Report No. 2017-00350 analyzes the environmental effects of the Draft BBSP to the degree of specificity required by Section 15146 of the State CEQA Guidelines. Significant effects on the environment anticipated because of implementation of this project include air quality, greenhouse gas emissions, and transportation and traffic. The City circulated the draft environmental impact report for a 45 -day public review period, which concluded on October 8, 2018. The proposed certification of EIR No. 350 includes 12 November 20, 2018 adoption of a Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring Program No. 342 and a Water Supply Assessment. ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of the following: Environmental Impact Report No. 2017-00350 (PC2018-056), including the adoption of a Statement of Overriding Considerations, Mitigation Monitoring Program No. 342 and the Beach Boulevard Specific Plan Water Supply Assessment; General Plan Amendment No.2015-00500 (PC2018-057); Specific Plan Amendment No. 2017-00001 (PC2018-058); Zoning Code Amendment No. 2017-00137 (PC2018-059); and Reclassification No. 2017-00304 (PC2018-060). (VOTE: 7-0; Chairman Dalati and Commissioners Armstrong, Carbajal, Gillespie, Keys, Lieberman and White voted yes) (Planning Commission meeting of October 29, 2018). RESOLUTION NO. 2018-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM certifying Final Environmental Impact Report No. 2017-00350 and adopting findings of fact, a statement of overriding considerations, Mitigation Monitoring Program No. 342 and a water supply assessment for the Beach Boulevard Specific Plan and related actions. RESOLUTION NO. 2018-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2015-00500 for the Beach Boulevard Specific Plan (General Plan Amendment No. 2015-00500; DEV2015-00014). RESOLUTION NO. 2018-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting Beach Boulevard Specific Plan (SPN2017-00001; DEV2015-00014). ORDINANCE NO. 6453 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding new Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-01 (SP2017-01) Zoning and Development Standards) to Title 18 (Zoning) of the Anaheim Municipal Code. ORDINANCE NO. 6454 (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. 2017-00304; DEV2015-00014). Item No. 38 Mayor Tait opened the public hearing. Public comment by 1 speaker. Mayor Tait closed the public hearing. MOTION: DB/LK ROLL CALL VOTE: 6-0 (AYES: Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel; ABSENT: Council Member Murray). Motion carried; ordinances introduced. Report on Closed Session Actions: Provided earlier in the meeting. 13 November 20, 2018 Council Communications/Agenda Requests: Council Member Kring wished everyone a Happy Thanksgiving. Mayor Pro Tem Moreno wished all a great holiday and acknowledged those who came and spoke about the Mayor. He requested a workshop or agenda item on December 18th or in January to review the Sunshine Ordinance and Lobbyist Registration Ordinance, with specific focus on the revolving door policy and conflicts of interest. Council Member Barnes announced the free Thanksgiving dinner event at the Honda Center on November 22nd, the West Anaheim Magic Christmas Tree Lighting event at Twila Reid Park on December 1St, and reported the Red Cross was still in need of blood donations. She thanked the mayor for his service and kindness. Council Member Vanderbilt reported the IBEW Day of Service last Saturday where they worked on the ABC (Alameda/Brownwood/Catalina) clubhouse and invited his colleagues to its opening by the end of the year. Council Member Faessel expressed his thoughts about the new homeless shelter proposed in District 5, addressed the issues of the homeless in the parks, and commended Illumination Foundation for their efforts in serving as a pipeline to permanent, supportive housing. He requested inclusion of business owners, as stakeholders, in an Advisory Committee regarding Bridges at Kraemer and the new shelter. He announced the upcoming openings of Brewheim and Brewery X, thanked the community and the Police Department for their efforts in catching a thief in District 5, and reported his attendance at the Katella High School Boys Basketball banquet, a Community & Economic Development Department tour of State College Blvd., and the Christmas tree lighting at the Anaheim Lighthouse. He closed with a Thanksgiving message for his colleagues, staff, friends, and neighbors. Mayor Tait commended the great business conducted this evening which included homeless shelters, the Honda Center plans, and the Beach Blvd. Specific Plan, adding he looked forward to good changes in the future as a result of these decisions. He wished all a Happy Thanksgiving and announced Nathan Bush playing cello at the Creative Identity concert on December 1 st Adjournment: 12:01 A.M. on November 21, 2018. Adjourn to December 4, 2018 at 3:00 P.M. for purposes of certifying the election results of the November 6, 2018 general municipal election (City Council Chambers). Oath of Office ceremony will be administered on December 4, 2018 at 5:00 P.M., or shortly thereafter, at The River Arena located at 201 E. Broadway, Anaheim. 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 14 November 20, 2018 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. 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 November 16, 2018, 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. 15 November 20, 2018