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01-15-19_Action ANAHEIM CITY COUNCIL ACTION AGENDA JANUARY 15, 2019  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. Harry S. Sidhu, P.E. Mayor Lucille Kring Mayor Pro Tem District 4 Denise Barnes Council Member District 1 Jordan Brandman Council Member District 2 Dr. Jose F. Moreno Council Member District 3 Stephen Faessel Council Member District 5 Trevor O’Neil Council Member District 6 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 January 15, 2019 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA JANUARY 15, 2019 3:00 P.M. Call to order the Anaheim City Council. 3:04 P.M. 3:00 P.M. – WORKSHOP Evacuation Plan for Fires in East Anaheim ADDITIONS\DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: 1 speaker City Attorney Robert Fabela announced Item No. 01 pertained to a claim by Janet Gesseck. Recess to closed session. 3:48 P.M. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of the California Government Code Section 54956.9: One potential case. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: D.F. et al., Minors v. City of Anaheim, United States District Court Case No. SACV17-01194 AG (DFMx) 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: City of Anaheim v. HPT IHG-2 Properties Trust et al. OCSC Case No. 30-2009- 00125412-CU-EI-CXC; HPT IHG-2 Properties Trust et al. v. City of Anaheim, OCSC Case No. 30-2012 -00608509-CU-PT-CJC 4. 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 Organization: Anaheim Police Management Association 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: Ponderosa Park, 320 E. Orangewood Avenue, CA 92802 Agency Negotiator: Larry Pasco, Director of Community Services Negotiating Parties: St. Jude Neighborhood Health Centers and City of Anaheim Under Negotiation: Price and Terms of Payment Reconvene the Anaheim City Council. 5:04 P.M. 5:00 P.M. 5:04 P.M. Invocation: Pastor Roger Sullivan, Anaheim Christian Center 3 January 15, 2019 Flag Salute: Mayor Pro Tem Lucille Kring Presentations: Recognizing Anaheim Beautiful Holiday Light Winners Acceptance of Other Recognitions (To be presented at a later date): Recognizing January 11, 2019, as Human Trafficking Awareness Day Recognizing January 21, 2019, as Martin Luther King Jr. Day Recognizing January 27, 2019, as World Holocaust Remembrance Day ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Linda Andal announced staff requested to continue Item No. 15 to January 29, 2019 and the appellant submitted a letter withdrawing the appeal for Public Hearing Item No. 32. PUBLIC COMMENTS (all agenda items, except public hearing): 56 speakers COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Moreno requested the city attorney provide a report regarding city prosecution. Council Member O’Neil addressed the withdrawn Public Hearing Item No. 32 and thanked all involved in resolving the issue. Mayor Pro Tem Kring addressed a comment regarding flooded streets and noted the Resort area self- funds its maintenance, landscaping, etc. with no use of General Fund money. Council Member Barnes addressed transparency and respect and questioned the absence of public comments from Council meeting records. She expressed concern with accusations regarding the homeless shelter, asked it to be investigated, and thanked all for their involvement with the shelter. CITY MANAGER’S UPDATE: Public Works Director Rudy Emami reported the City was awarded a $4.1 million Active Transportation Program which staff will use to complete projects for safe routes to schools, including ADA ramps and completing sidewalk gaps within a ½ mile of school entrances. 5:00 P.M. - CITY COUNCIL 8:03 P.M. Items pulled for discussion: Council Member Moreno: Item No. 16 Council Member O’Neil: Item No. 25 MOTION: ____LK/TO_ Waive reading of all ordinances and resolutions and adopt the consent calendar. APPROVED VOTE: 7-0 (Item No. 22: Council Member Faessel declared a potential conflict of interest; APPROVED VOTE: 6-0-1 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, and O’Neil)). Motion carried. CONSENT CALENDAR: 1. Receive and file minutes of the Library Board meeting of August 13, 2018 and Public Utilities Board meetings of October 24, 2018 and November 28, 2018. 4 January 15, 2019 2. Receive update on homeless efforts in Anaheim. 3. Approve proclamation recognizing Western High School Football for their CIF Southern Section Division 11 Championship. 4. Rescind the acceptance of the bids to JPC Online Holdings, LLC and Glass Box Technology made on November 20, 2018 (Bid #9218) due to a revision in the City standards for network equipment for 2019. 5. Accept the bid from Advanced Industrial Services, Inc., in the amount of $699,900, to provide rehabilitation services to the Serrano Twin Peaks Reservoir water storage tank and authorize the Purchasing Agent to issue the Purchase Order, in accordance with Bid #9213. 6. Accept the bid from Oakwest Services, Inc., in the amount of $510,484 plus a 20% contingency, for citywide outdoor maintenance services including weed abatement, alley clearing, and bus shelter cleaning for a one year period with four one-year optional renewals and authorize the Purchasing Agent to execute the renewal options, in accordance with Bid #9224. 7. Accept the bids of Power Partners c/o Pacific Utilities, in the amount of $192,445 plus applicable tax, ERMCO, in the amount of $288,834 plus applicable tax, WEG Transformers USA, in the amount of $145,932 plus applicable tax, and Young & Company, in the amount of $4,745 plus applicable tax, for the purchase of various models of transformers and authorize the Purchasing Agent to issue purchase orders, in accordance with Bid #9226. 8. Award the contract to the lowest responsible bidder, Hot Line Construction, Inc., in the amount of $4,866,635 plus a 10% contingency, for the construction of the Wanda Circuit Electric Line Extension Project, Phase 1 and authorize the Public Works Director to execute related construction documents, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 9. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to execute an agreement with Neighborly Software, in the amount of $23,340, for Phase I purchase of software licenses and related annual maintenance to support the administration of Community and Economic Development’s federal grant programs and authorize the Purchasing Agent to exercise Phase II, as well as annual support renewals, subject to available budget appropriations each fiscal year. 10. Accept an award of $75,000 from the County of Orange and approve an agreement with the County of Orange for the provision of Regional Workforce Services for the term of January 1, 2019 to June 30, 2019, and authorize the Director of Community and Economic Development, or designee, to execute and administer the agreement. 11. Approve the Plumbing Utility Agreement with Convention Technical Services, Inc. (CTS) authorizing CTS to provide various plumbing services, on a non-exclusive basis, to persons at the Convention Center who require such services in connection with events effective upon execution through June 30, 2019 with two additional one-year term optional extensions which will result in revenue commissions payable to the City in the amount of 15% of the contractors gross billings 5 January 15, 2019 for all labor and other work for services performed at the Anaheim Convention Center; and authorize the Executive Director of the Convention, Sports & Entertainment Department to execute any other related documents, take the necessary actions to implement and administer the agreement, and execute any optional renewals. 12. Approve the Final Map and Subdivision Agreement with Anaheim 22 Lincoln Group, LLC for Tract No. 18038 located at 3319-3325 W. Lincoln Avenue for 22 single family attached condominium units with open space, access drive, and landscaped areas. 13. Approve a Subdivision Agreement with CW Euclid Lincoln, Inc. pertaining to Parcel Map No. 2016-192 for a self-service car wash facility located 210 N. Euclid Way (northwest corner of Lincoln Avenue and Euclid Street). 14. Approve an agreement with Nichols Consulting Engineering, in the amount of $145,970, for civil engineering services for the Citywide Pavement Management Program Update for the Arterial Highway System and Local Street System from 2019 to 2021. 15. Approve the Second Amendment to Professional Services Agreement with Bureau Veritas of North America, Inc. increasing the total compensation amount to $2,350,000 and the First Amendment to Professional Services with Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific, increasing the total compensation to $1,000,000, for as-needed plan check, permit processing, and inspection consulting services for the Planning and Building Department; and authorize the Planning Director to execute the amendments and other related documents necessary to implement the amendments. Item No. 15 Continued to January 29, 2019 at the request of staff. 16. Approve an agreement with the City of Irvine, in the hourly rate of $975, for Anaheim to provide air support services, and authorize the Chief of Police, or designee, to execute the agreement and take the necessary actions to implement and administer the agreement. Item No. 16 Discussion. MOTION: JM/SF APPROVED VOTE: 7-0 17. Approve an agreement with Meridian Knowledge Solutions, in the one-time startup cost of $64,000 and an annual recurring maintenance cost of $36,000 per year, for Learning Management System services. 18. RESOLUTION NO. 2019-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-093 for the purpose of creating, deleting and/or modifying certain classifications designated as Administrative Management. RESOLUTION NO. 2019-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing classifications and rates of compensation for classifications assigned to the Anaheim Municipal Employees Association, General Unit. RESOLUTION NO. 2019-003 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing new rates of compensation and pay policies for certain part-time unrepresented classifications and amending Resolution No. 2015-173 and amendments thereto. 6 January 15, 2019 RESOLUTION NO. 2019-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-094 for the purpose of creating, deleting and/or modifying certain classifications designated as Middle Management. RESOLUTION NO. 2019-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-095 for the purpose of creating, deleting and/or modifying certain classifications designated as Professional Management. RESOLUTION NO. 2019-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-096 for the purpose of creating, deleting and/or modifying certain classifications designated as Supervisory Management. 19. RESOLUTION NO. 2019-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Anaheim Police Management Association (Police Captain and Police Lieutenant classifications; effective January 15, 2019 through December 26, 2019). 20. RESOLUTION NO. 2019-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the International Brotherhood of Electrical Workers, Local 47 and the City of Anaheim (establishing a Retirement Health Savings Plan for employees in classifications represented by IBEW, Local 47 – General Employees Unit effective the pay period beginning January 25, 2019). 21. RESOLUTION NO. 2019-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or his designee to submit an application on behalf of the City of Anaheim for funding from the Forest Health Grant Program as provided through the Greenhouse Gas Reduction Fund and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly. Determine that this action is exempt from 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. 22. RESOLUTION NO. _ 2019-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying and approving the actions of the Director of Community Services. or designee, in submitting a grant application on behalf of the City of Anaheim to Metropolitan Water Districts for the Recycled Water On-Site Retrofit Rebate Incentive Program and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly (grant funding in the amount of $26,800). Item No. 22 Council Member Faessel declared a potential conflict of interest. APPROVED VOTE: 6-0-1 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, and O’Neil; ABSTAIN: Council Member Faessel). Motion carried. 7 January 15, 2019 23. RESOLUTION NO. 2019-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying and approving the actions of the Anaheim Director of Public Works, or designee, in submitting a grant application on behalf of the City of Anaheim to the State Water Resources Control Board Division of Financial Assistance for the Proposition 1 Storm Water Grant Program for the Ball Road Storm Water Improvements Project and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly and determining that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to the Guideline Section 15303 (grant funding in the amount of $5,141,166). 24. ORDINANCE NO. 6456 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 4.73 (Taxicab Franchises) pursuant to Assembly Bill Nos. 939 and 1069 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 December 18, 2018, Item No. 23). 25. ORDINANCE NO. 6457 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 11.08.040 (Display of Flags on the Anaheim Civic Center Flagpoles) of Chapter 11.08 (Conduct on Public Property) to authorize the display of the LGBT Pride Flag on the flagpole at Anaheim City Hall (introduced at Council meeting of December 18, 2018, Item No. 25). Item No. 25 Discussion. MOTION: JB/JM ROLL CALL VOTE: 4-3 (AYES: Mayor Sidhu and Council Members Brandman, Moreno, and Faessel; NOES: Mayor Pro Tem Kring and Council Members Barnes and O’Neil). Motion carried; ordinance adopted. END OF CONSENT CALENDAR 8:25 P.M. 26. Appoint representatives to serve on the following regional agencies (continued from Council meeting of December 18, 2018, Item No. 27): Item No. 26 Discussion. Anaheim Union High School District Foundation: APPOINTMENT:_______Stephen Fassel (1 year term, ending December 31, 2019) (vacant, held by Tom Tait) MOTION: HS/LK APPROVED VOTE: 6-1 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O’Neil; NOES: Council Member Moreno). Motion carried. Four Corners Transportation Coalition: APPOINTMENT:____Trevor O’Neil (3 year term, ending December 31, 2021) (vacant, held by Kris Murray) MOTION: HS/LK APPROVED VOTE: 6-1 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O’Neil; NOES: Council Member Moreno). Motion carried. 8 January 15, 2019 27. Approve and authorize the City Manager to execute a Second Amendment to Amended and Restated Lease Agreement by and between the City of Anaheim and Angels Baseball LP to extend the termination date by fourteen months and determine the action to be exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15060, 15061 and 15301. Item No. 27 Discussion. MOTION: JM/DB to postpone indefinitely. ROLL CALL VOTE: 2- 5 (AYES: Council Members Barnes and Moreno; NOES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil). Motion failed. AMENDED MOTION: JM/DB to require the Angels to pay fair market rent. ROLL CALL VOTE: 2-5 (AYES: Council Members Barnes and Moreno; NOES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil). Motion failed. AMENDED MOTION: JM/DB to require exclusive negotiation. ROLL CALL VOTE: 3-4 (AYES: Council Members Barnes, Moreno, and Faessel; NOES: Mayor Sidhu and Council Members Kring, Brandman, and O’Neil). Motion failed. AMENDED MOTION: JM/DB to require use of Anaheim in team name. ROLL CALL VOTE: 2-5 (AYES: Council Members Barnes and Moreno; NOES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil). Motion failed. MOTION: TO/LK to call the question. APPROVED VOTE: 7-0 MOTION: LK/SF to approve as presented. ROLL CALL VOTE: 5-2 (AYES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil; NOES: Council Members Barnes and Moreno). Motion carried. 28. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending and restating the procedures and rules of order for the conduct of City Council meetings. Item No. 28 Discussion. MOTION: LK/SF to continue to January 29, 2019. APPROVED VOTE: 7-0 29. ORDINANCE NO. 6458 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Sections 1.04.391, 1.04.396, 1.04.450, 1.04.510, 1.04.810, and 1.04.996 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code providing for district- based nomination of City Board and Commission Members, ratified by an affirmative vote of the majority of the City Council. Item No. 29 Discussion. MOTION: SF/LK ROLL CALL VOTE: 4-3 (AYES: Mayor Sidhu and Council Members Kring, Faessel, and O’Neil; NOES: Council Members Barnes, Brandman, and Moreno). Motion carried, ordinance introduced. 30. Consider (re)appointments to city Boards and Commissions to serve terms through December 31, 2022. Item No. 30 Discussion. MOTION: HS/LK to continue to March 5, 2019. ROLL CALL VOTE: 5-2 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Faessel, and O’Neil; NOES: Council Members Brandman and Moreno). Motion carried, item continued. Budget, Investment and Technology Commission (4 appointments): District 2 appointment: ___________________________ (December 31, 2022) 9 January 15, 2019 District 3 appointment: ___________________________ (December 31, 2022) District 6 appointment: ___________________________ (December 31, 2022) Mayoral appointment: ___________________________ (December 31, 2022) Community Services Board (4 appointments) District 2 appointment: ___________________________ (December 31, 2022) District 3 appointment: ___________________________ (December 31, 2022) District 6 appointment: ___________________________ (December 31, 2022) Mayoral appointment: ___________________________ (December 31, 2022) Cultural and Heritage Commission (4 appointments): District 2 appointment: ___________________________ (December 31, 2022) District 3 appointment: ___________________________ (December 31, 2022) District 6 appointment: ___________________________ (December 31, 2022) Mayoral appointment: ___________________________ (December 31, 2018) Housing and Community Development Commission (5 appointments): District 2 appointment: ___________________________ (December 31, 2022) District 3 appointment: ___________________________ (December 31, 2022) District 6 appointment: ___________________________ (December 31, 2022) Mayoral appointment: ___________________________ (December 31, 2022) At large-Tenant Seat: ___________________________ (December 31, 2022) Parks and Recreation Commission (4 appointments): District 2 appointment: ___________________________ (December 31, 2022) District 3 appointment: ___________________________ (December 31, 2022) District 6 appointment: ___________________________ (December 31, 2022) Mayoral appointment: ___________________________ (December 31, 2022 Planning Commission (4 appointments): District 2 appointment: ___________________________ (December 31, 2022) 10 January 15, 2019 District 3 appointment: ___________________________ (December 31, 2022) District 6 appointment: ___________________________ (December 31, 2022) Mayoral appointment: ___________________________ (December 31, 2022 Public Utilities Board (4 appointments): District 2 appointment: ___________________________ (December 31, 2022) District 3 appointment: ___________________________ (December 31, 2022) District 6 appointment: ___________________________ (December 31, 2022) Mayoral appointment: ___________________________ (December 31, 2022) Senior Citizen Commission (4 appointments): District 2 appointment: ___________________________ (December 31, 2022) District 3 appointment: ___________________________ (December 31, 2022) District 6 appointment: ___________________________ (December 31, 2022) Mayoral appointment: ___________________________ (December 31, 2022 31. Receive report regarding the Anaheim Sunshine Ordinance, codified as Chapter 1.11 of the Anaheim Municipal Code. Item No. 31 Discussion. MOTION: TO/LK to continue to January 29, 2019. ROLL CALL VOTE: 3-4 (AYES: Mayor Sidhu and Council Members Kring and O’Neil; NOES: Council Members Barnes, Brandman, Moreno, and Feassel). Motion failed. Item presented; no action taken. 5:30 P.M. PUBLIC HEARING: 32. CONDITIONAL USE PERMIT NO. 2003-04800D (DEV2018-00051) LOCATION: 200 North Via Cortez, located approximately 750 feet north of Santa Ana Canyon Road, at the northern terminus of North Via Cortez. OWNER: Ellas Properties, Inc., 5396 La Palma Avenue, Anaheim CA 92807 APPLICANT: Caliber Motors. Inc., 5395 La Palma Avenue, Anaheim CA 92807 REQUEST: The applicant proposes to amend an existing conditional use permit to revise previously-approved plans by eliminating the auto dealership expansion, construct a new 204 square-foot auto parts storage building, allow auto repair and maintenance services within the existing auto service building, and modify conditions of approval to allow transport truck deliveries for automobiles on-site and 24 hour auto parts delivery in conjunction with an existing automobile dealership facility (Mercedes Benz of Anaheim). ENVIRONMENTAL DETERMINATION: The City Council will consider whether the proposed action is categorically exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). ACTION TAKEN BY THE PLANNING COMMISSION: Approved Conditional Use Permit No. 2003-04800D with modifications to Condition No. 13 per a 11 January 15, 2019 revised redlined resolution submitted by staff to the Planning Commission which limits the use of the subject site to a franchise automobile dealership, whose business includes the sales and servicing of new and used vehicles only (PC2018-055). A different type of auto dealership would be subject to review by the Planning Director to determine substantial conformance with this requirement. (VOTE: 5-2; Commissioners Armstrong, Dalati, Keys, Lieberman and White voted yes. Chairperson Carbajal and Commissioner Gillespie voted no.) (Planning Commission meeting of October 29, 2018) (Appealed by the Canyon Oaks Maintenance Corporation) (Continued from Council meeting of December 18, 2018, Item No. 29). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying the appeal and approving Conditional Use Permit No. 2003-04800D and making certain findings in connection therewith (DEV2018-00051; 200 N. Via Cortez). Item No. 32 Withdrawn by appellant. No action taken. Land Use - Zoning Report on Closed Session Actions: None Council Communications/Agenda Requests: Council Member Barnes acknowledged all parties involved with the homeless shelters efforts. She announced the Black History Parade on February 2 and the opening of the Salvation Army shelter on January 31. She requested staff review the safety and operation of the shelters and looked forward to the City Manager negotiating with the Angels. Council Member O’Neil thanked staff for welcoming him to the city. Mayor Pro Tem Kring looked forward to a productive 2019 and its accomplishments. She thanked all entities for their financial and in-kind donations for the homeless shelter and asked City Manager Zapata to look into a chef who provided meals for the homeless. She requested the meeting be adjourned in honor of Officers Natalie Corona and Ronil Singh, killed in the line of duty. She requested an agenda item to review and possibly disband the Youth Commission, with concurrence by Council Members Faessel and O’Neil. Council Member Faessel requested the meeting adjourn in memory of Korean War veteran Noah Cisneros, Public Utilities employee Rick Gomez, and Anaheim resident Robert (Bob) Wadley. He reported his team delivered Christmas gifts to six Bookmobile stops and thanked donors and library staff. He reported his attendance at the Longest Night Memorial, thanked city staff for clearing homeless encampments, and acknowledged the Public Works Department for a tour of the La Mesa shelter. He also reported his attendance at the Three Kings event in the Benmore/Canfield neighborhood and thanked staff for attending and the distribution of toys. Council Member Brandman invited all to the Kaboom! ribbon-cutting at Barton Park on January 26th at 2:30pm and encouraged any volunteers to contact his office. Council Member Moreno reported his attendance at the swearing-in ceremonies for boards of Anaheim Elementary School District and Anaheim Union High School District and highlighted partnerships and school activities. He explained he wore red in solidarity with teachers striking in Los Angeles to obtain better support for the students and his participation at a walk-in at Anaheim High School. He reported his visit on January 5th and 9th 1/5 and 1/9 with striking hotel workers in Anaheim and encouraged the process to continue to a fair contract. He announced a District 3 meeting to be held at City Church on January 31 and that additional meetings would be scheduled to obtain community input on the Angels lease negotiations. As the District 4 representative for the Orange County Transportation Authority (OCTA), he encouraged anyone with questions or needs to visit the website, www.octa.net, to obtain 12 January 15, 2019 information about their services. He expressed concerns with the Angels lease extension but hoped the City Manager’s previous experience would serve the City well. Mayor Sidhu announced the observance of the holiday on January 21, and encouraged all to reflect on the values of service. Adjournment: 11:41 P.M. in honor of Officers Natalie Corona and Ronnie Singh, Anaheim residents Noah Cisneros and Robert (Bob) Wadley, and Public Utilities employee Rick Gomez. Next regular City Council meeting is scheduled for January 29, 2019. 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. 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 January 11, 2019, 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.