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01/15/2019 ANAHEIM CITY COUNCIL REGULAR MEETING OF JANUARY 15, 2019 The regular meeting of January 15, 2019 was called to order at 3:04 P.M. in the chambers of Anaheim City Half,located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on January 11, 2019. PRESENT: Mayor Harry Sidhu and Council Members Lucile Kring, Denise Barnes, Jordan Brandman, Jose F. Moreno, Stephen Faessel, and Trevor O'Neil. STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Linda Andal. 3:00 P.M. -WORKSHOP Evacuation Plans for Fires in East Anaheim City Manager Chris Zapata introduced the workshop. Police Chief Jorge Cisneros emphasized that emergency management required preparedness, response, recovery, and mitigation. He noted that preparedness through education and the response and evacuation plan, should there be event in the East Anaheim community, would be discussed. Lieutenant Richard LaRochelle, Emergency Management Commander, presented an introduction to the evacuation plan. He reported that the plan was established to provide guidance for first responders and other stakeholders responsible for managing a fire-driven incident and was based on best practices and the lessons learned after the Canyon 1 and 2 fires. He reported that the plan was developed through partnerships and several planning meetings have taken place. Additionally, input and evacuation plans have been shared amongst the shareholders and that community education and marketing was a critical part of this plan. Lt. LaRochelle identified some of the stakeholders as City of Anaheim, Orange Police Department, Orange County Sherriff's Department, Orange County Fire Authority, California Highway Patrol, CalTrans, Orange Unified School District, Anaheim Union High School District, and the community, and that each stakeholder supported the plan. He reported that after the Canyon 2 fire, an extensive after-action review was completed and it was determined that improvements could be made, especially in the areas of moving traffic and making the evacuation process smoother. He advised that one of the glaring issues was having all the schools evacuate to Canyon High School, which caused gridlock. In addition, they were working against neighboring cities with traffic evacuating into both areas. Lt. LaRochelle explained that during a fire, the Fire & Rescue Department takes the lead and determines which evacuations will take place, but agencies work in a unified command and work through one incident command post. He clarified voluntary evacuations vs. mandatory evacuations and advised that staff cannot force residents out of their homes. He advised that door-to-door notifications, PA announcements, Anaheim Alerts, and social media blasts were used to notify residents, alongside Public Works notification message boards. In addition, staff collaborates with the Community Services Department to identify meeting places. He further advised that the school districts also have their own evacuation plans and were working against the Fire & Rescue Department's evacuation plan. He presented an Evacuation Map of Weir Canyon and 91 Freeway and showed the green areas of traffic flow, advising that there is an City Council Minutes of January 15, 2019 Page 2 of 27 agreement with the CHP and CalTrans to shutdown off -ramps to keep additional traffic out of the fire area. He also reported that students would be evacuated to Villa Park High School, instead of Canyon High School, to help with congestion. He explained that community education and marketing will be used to notify the public of this change. He presented the Community Outreach campaign called "Know Your Way". It will be accomplished through a website, Anaheim magazine, newsletters, social media, Anaheim TV, and flyers and presented examples of each. He advised that the Orange County Fair Grounds would be used for evacuating large animals. DISCUSSION: Mayor Sidhu inquired about the process that will happen if the fire happens during the school day and how parents will pick up their evacuated child and return home to complete evacuation efforts. Lt. LaRochelle reported that the school districts have an extensive evacuation plan and they are working as a partner in the communication process. Chief Cisneros reported that the unified command system includes the school district, so they are a part of the process. They work collaboratively with the schools to determine an ingress and egress plan. He stated that the unified command system helps to unify communications. Mayor Sidhu suggested that during the fire it is important that the air support system communicate to unified command to assist with traffic flow and gridlock. Lt. LaRochelle advised that air support was used including Anaheim Alert, PA systems, and officers on the ground and he reminded Council that the communication and education plan was important for this reason. Mayor Sidhu also suggested that there be an annual drill to prepare for an actual event. Mayor Pro Tem Kring asked that the Rancho Del Rio stables and other horse properties in Corona or Norco be considered for evacuating large animals. Council Member Faessel asked about the mandatory evacuations versus the voluntary evacuation and how it correlated to "stand and fight". Interim Fire Chief Pat Russell responded that they have no authority to require residents to evacuate their homes. He advised that there are a couple of programs that are gaining a lot of headway which include "Ready, Set, Go" and the "Leave Early or Stay and Defend," primarily in rural areas. The most important piece is pushing the education that if a resident has prepared properly, they may have a chance to at least give the Fire & Rescue Department time to get to their home. Interim Chief Russell explained that they remain cautious with the "Leave Early or Stay and Defend" because if residents do not have the proper tools, their lives may be in jeopardy. Council Member O'Neil thanked the team for all their work on the evacuation plan. He inquired about the evacuation plans of other agencies and asked if any exchange was happening. Lt. LaRochelle advised that this was indeed happening and has really helped to resolve any conflicting plan issues. He also advised that traffic flow agreements have been made with neighboring cities to ensure minimal gridlock and that traffic will be directed at pain points. Council Member O'Neil asked about plans for senior communities and Lt. LaRochelle advised that they would be an integral part of the Community Outreach Program in order to identify those locations. Council Member O'Neil advised that there are many six -bed residential communities and advised that they be proactive in notifying those types of residences in their communication plans. Council Member Moreno asked about plans for the Community Emergency Response Team (CERT) and the role they play in a large incident. Interim Chief Russell explained that as City Council Minutes of January 1S, 2019 Page 3 of 27 Emergency Operation Centers (EOC) open, and residents respond that do not have information relating to the incident, they will be directed to another open EOC. Chief Communications Officer Mike Lyster reported that the City of Anaheim played a proactive role and treated those callers just like Anaheim residents and, during the course of the incident, advised those cities to open their own communication centers. He advised as part of the lessons learned, the City of Anaheim will open a Joint Information Center (JIC) with impacted cities to service residents' inquiries. Council Member Moreno inquired about who has the authority (CalTrans or other agencies) to close freeways and to begin closing exists. Lt. LaRochelle advised that the Unified Command Incident Commander makes those decisions and has those emergency contacts to make those quick decisions. Council Member Barnes inquired about the usage of Anaheim Alert and she was advised by Senior Administrative Analyst Lylyana Bogdanovich that Anaheim Alert does not require a resident to sign up for notification as it is completed through the phone and mobile phone systems. Additionally, Ms. Bogdanovich reported a test of Anaheim Alert was completed in October 2018. Mayor Sidhu thanked everyone for the updated evacuation plan. ADDITIONS\DELETIONS TO CLOSED SESSION: City Attorney Robert Fabela announced Item No. 1 pertained to a claim by Janet Gesseck. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Paul Hyek addressed the Council during closed session public comments. CLOSED SESSION: At 3:48 P.M., Mayor Sidhu recessed to closed session for consideration of the following: 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 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 City Council Minutes of January 15, 2019 Page 4 of 27 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 At 5:04 P.M., the City Council session was reconvened. INVOCATION: Pastor Roger Sullivan, Anaheim Christian Center FLAG SALUTE: Mayor Pro Tem Lucille Kring PRESENTATIONS: Recognizing Anaheim Beautiful Holiday Light Winners Sandra Sagert, President of Anaheim Beautiful, spoke about the mission of Anaheim Beautiful, the Holiday Lights Contest, and thanked Public Utilities for sponsoring the contest. She reported that the Miss Anaheim Beautiful Court participated as judges this year. Ms. Sagert announced the winners and presented each an award. Best Vintage Display — Sponsored by LKQ — Pick Your Part Roger Pinon/Michael Schmaltz — 808 W. Broadway Best Display Using LED Lights — Sponsored by Anaheim Public Utilities Luanne van Hunnik, 517 S. Nutwood Street Best Spirit of the Season — Sponsored by Awards by Paul Alexa Tejeda, 534 S. Citron Street Best Retail/Commercial Display City Church of Anaheim, 701 W. Broadway The WOW Factor Display — Sponsored by Anaheim Hills Dental Arts Single -Family: Steve and Kathy Poremba, 4255 Ranch Gate Rd. Multi -Residential: Cory and Karol Schlicht 1776 N. Cedar Glen Drive #A Best Animated or Musical Display Aimee and Billy Piazza, 975 South Canyon Heights Grand Prize — Miss Anaheim Beautiful's Choice The Kushner Family, 1036 S. Cardiff Street Best Themed Display — Sponsored by Visser's Florist Adela Munoz, 8578 E. Canyon Vista Drive City Council Minutes of January 15, 2019 Page 5 of 27 Acceptance of Other Recognitions (To be presented at a later date): Recognizing January 11, 2019, as Human Trafficking Awareness Day Sgt. Juan Reveles, Human Trafficking Unit, thanked City Council for the proclamation and their continued support. Recognizing January 21, 2019, as Martin Luther King Jr. Day Shedrick Collins, Orange County Heritage Council, thanked City Council for their support of the Martin Luther King remembrance and the annual Black History Parade and Cultural Faire on February 3, 2019. Councilmember Moreno also noted that the Anaheim Union School District would hold a "servathon" in honor of Martin Luther King Jr. Day on January 21, 2019 as a day of service. Recognizing January 27, 2019, as World Holocaust Remembrance Day Edie Mermelstein, daughter of Mel Mermelstein, Holocaust Survivor, thanked City Council for the recognition of World Holocaust Remembrance Day. She expressed her excitement for her father's Holocaust Collection display at Cornelia Connelly High School to help educate students and read a poem. ADDITIONS/DELETIONS TO THE AGENDAS: 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: Prior to receipt of public comments, a brief decorum statement was provided by City Clerk Linda Andal. Cecil Jordan Corken, Outreach Homeless Ministries, reported on his outreach efforts and spoke about the recent elections. Cynthia Ward inquired about the lease agreement extension between the City and Angels Baseball and expressed concern about City Council participating in those negotiations. Larry Larsen, Anaheim Citizen's Advisory Committee, expressed his concern about the lease agreement extension and negotiations between the City and Angels Baseball. Mark Richard Daniels expressed his support for displaying the LGBT flag at City Hall, suggested that former Mayor Tom Tait be in charge of negotiating with Angels Baseball, and believed the City should leave public comments and public commissions as they stand. Paul Hyek expressed his concern about the restrooms at the temporary homeless shelter. Kris Murray thanked City Council, staff, and the business community for opening the temporary shelters prior to the heavy rains that the City was currently experiencing. She also expressed that this was the City's opportunity to create a clean slate with Angels Baseball and thanked Mayor Sidhu for working on the negotiation. City Council Minutes of January 15, 2019 Page 6 of 27 R. Joshua Collins, Homeless Advocates for Christ, encouraged City Council to continue to fight for the homeless and reported that he has heard concerns about issues at the temporary shelter and asked City Council to investigate. Lastly, he asked City Council to help him make housing a right for all. Rosaisela Lopez, OCCORD, addressed the lease extension with Angels Baseball and advised that the stadium and surrounding parking lots were worth hundreds of millions of dollars and with this agreement, the City was losing potential revenue. Ms. Lopez expressed concern regarding the change in procedures and rules of order for the conduct of City Council meetings. Lastly, she believed that Consent Calendar Item No. 29 would reverse community representation. Duane Roberts expressed concern about the proposed change in procedures and rules for City Council meetings and citizens' abilities to address City Council at meetings. He was also opposed to any attempts to change how public comments were handled. Sergio Gonzalez expressed his support for keeping the Angels in Anaheim and felt that extending the lease made good business sense for the City. Jerry Amante, Executive Director, Anaheim/Orange County Hotel & Lodging Association, spoke regarding the lease extension with Anaheim Baseball LP. He felt that the City has an opportunity to reset the conversation with the Angels and remain a partner. Tamara Jimenez, Anaheim Lighthouse, thanked Council Members who voted in support of displaying the LGBT flag at City Hall and asked that City Council vote in support of Consent Calendar Item No. 25. Paul Vicknair, Anaheim Senior Citizen's Commission, expressed his concerns regarding Consent Calendar Item Nos. 28 and 29. He felt that Item No. 28 intended to limit free speech and violated First Amendment rights and that Item No. 29 would limit appointments by Council Members in their districts. He encouraged City Council to vote responsibly. William Fitzgerald, Home Owners Maintaining Our Environment, spoke regarding the homeless effort in Anaheim and believed that many homeless died unnecessarily due to construction delays by previous Council Members. Larry Slagle, President, Yellow Cab of North Orange County expressed his support for negotiating with Angels Baseball and believed it provided the City more time to negotiate an agreement. He urged the City Council to vote in support of Item No. 27. Gloria Ma'ae congratulated new members of City Council and expressed her support for the lease extension with Angels Baseball that would lead the way to a good agreement. Josef Holper, Field Representative for Assemblymember Sharon Quirk -Silva, introduced himself to City Council and invited City Council to attend Assemblymember Quirk-Silva's Interfaith Conversation on January 24, 2019 at Liberty Hall at Elher's Event Center. Wally Courtney expressed his opposition to extending the lease agreement for Anaheim Baseball LP and believed it was a bad decision for Anaheim taxpayers. He believed that the City should sell the stadium to Angels Baseball for fair market value and allow them to develop the property. City Council Minutes of January 15, 2019 Page 7 of 27 Richard Thill spoke about the American Flag and felt that it was all that needed to be displayed at City Hall. Gail Taylor, Cypress College, Coordinator for the Americana Awards, invited City Council to the 4411 Annual Americana Awards at Disneyland Hotel Grand Ballroom on February 23, 2019. Ms. Taylor spoke about the programs at the college and that the Americana Awards help make scholarships and book loans available to students. She also introduced Jim and Laurie Dinwiddie, who are the 2019 Americana Citizens of the Year representing Anaheim, and listed their accomplishments. Lastly, she announced Jill Bolton as the Woman of the Year. She asked City Council to consider sponsoring a table at the event. Tim Murphy expressed his concern about the LGBT Pride Flag and felt that the City should only be flying the American Flag. He also believed that the LGBT Pride Flag does not represent all residents of Anaheim. Patty Gaby spoke about Consent Calendar Item No. 28 and she supported that the conduct should be respectful, but believed that residents should be able to speak to City Council. She also expressed concern about the proposed changes to district -based nominations of City board and commission members. Lastly, she felt that the word "Anaheim" needed to be put back into the name of the Angels. John Machiaverna, Boys and Girls Club of Anaheim, thanked City Council for giving a human solution to the homeless problem in Anaheim. He reported on their efforts in 2018 which included serving 6,992 people through food distributions, building a community garden, and organizing a toy distribution for Christmas. He also reported the Boys and Girls Club of Anaheim's goals in 2019 which included moving to Anaheim Hills and partnering with Cypress College. Julie Brunette expressed concerns for her senior neighbor and asked if there was a dentist willing to assist this resident of Anaheim. Renee B. alleged corruption within the Anaheim Police Department and spoke about officers who she believed were dangerous and a liability to the City. She also expressed concern about the limitation of public comments proposed in the agenda. Isabella Rubio expressed her support for displaying the LGBT Pride Flag at City Hall. Amelia Castro expressed her support for keeping Angels Baseball in Anaheim and felt they were a valuable asset to Anaheim. She felt the economic impact of Angels Baseball was strong and important to Anaheim residents. Ross McCune expressed his support for the lease extension to Angels Baseball and encouraged City Council to vote for the lease extension. Bob Donelson expressed his concern regarding Item No. 8 and felt the $5 million can go to other uses. He encouraged City Council to approve the LGBT Pride Flag display and end negotiations with the Angels. Mr. Donelson provided his opposition to Items Nos. 28 and 29. Paul Kott expressed concerns about the lease extension with Anaheim Baseball LP and felt that residents were being misinformed about negotiation opportunities. He believed that the City has City Council Minutes of January 15, 2019 Page 8 of 27 leverage to negotiate a new lease with the organization and believed that the City will negotiate in the best interest of Anaheim. Tony Chargualaf spoke about the temporary homeless shelter, advised that the food was sub -par, and he was concerned about transportation issues. He also believed the intake process was problematic. Lou Noble addressed the temporary homeless shelter and felt that staff was not properly trained to handle the homeless. He believed that the shelter model was not the answer and that many homeless were not informed of the shelter. Michelle Mora Lopez, resident of the new temporary homeless shelter, expressed her concerns regarding operations at the facility and their inability to leave the property freely. She believed that Illumination Foundation was mismanaging the project. Wes Jones urged City Council to vote in favor of the LGBT Pride Flag and to vote no on the lease extension with Angels Baseball. He felt that an appraisal needed to be completed on the stadium. He expressed his concern regarding Items Nos. 27 and 28 and advised that he will sue, if necessary. Jeanine Robbins expressed her opposition to amending the procedures and rules of order for the conduct of City Council meetings and felt that it limited free speech. She also advised City Council that they will protest in their neighborhoods and will engage in lawsuits. Lastly, she encouraged City Council to approve displaying the LGBT Pride Flag at City Hall and to show that Anaheim is a city of inclusion. Mike Robbins expressed his concern about the recent election, campaign contributors, and the proposed changes to public comments. He inquired when Anaheim residents would get the same treatment as the Resort. Miliana Singh encouraged City Council to approve the display of the LGBT Pride Flag and encouraged Anaheim to be as inclusive as the Resort. Joe Lamond, President and CEO of NAMM, reported that they have been advised that there will be a demonstration planned between hotel properties that will disrupt their event. He stated that the economic impact of the NAMM show is $150 million dollars and he was concerned about future events. Joese Hernandez expressed his concern about Mayor Sidhu and his political actions, expressed his opposition to the lease extension for Angels Baseball, and voiced his concerns for City Council limiting public comments. Matt Shannon supported the Angels lease extension if the deal was fair to the City and felt that Anaheim's redevelopment efforts have faltered. He also advised that the City needed a mixed- use walkable downtown to attract employers like Amazon. David Duran expressed concern for the behavior of some City Council Members. He spoke about the temporary homeless shelter and believed that there were unqualified people running the facility. Lastly, he supported the display of the LGBT Pride Flag at City Hall and addressed freedom of speech as valuable and necessary. City Council Minutes of January 15, 2019 Page 9 of 27 Brooke Weitzman advised City Council to review the Brown Act and understand what can happen in a public meeting. She advised that Anaheim prosecutes criminals differently from other cities and that those other cities look for alternative methods to deal with the offenses. Pat Davis expressed concerns about the temporary homeless shelter and asked that an audit of Anaheim Way take place. She also supported displaying the LGBT Pride Flag at City Hall, opposed the lease extension for Angels Baseball, and opposed limiting public comments and limiting districts. Brenda Brito advised that her father was recently struck and killed by a vehicle while crossing the street by a driver traveling in excessive speed. She expressed concern about traffic in her area and asked City Council for an additional pedestrian traffic light in that area. Mayor Sidhu asked City Manager Chris Zapata to meet with Ms. Brito regarding the crosswalk. Luis Zuniga invited City Council to their neighborhood Talk and Walk with Council Member Moreno on January 30, 2019. He opposed the lease extension with Angels Baseball and was concerned about limiting public comments at City Council meetings. Kenneth Batiste spoke about the Federal government shutdown. He expressed his support for the display of the LGBT Pride Flag at City Hall and felt that the City was limiting its option by extending the lease agreement with Angels Baseball. Lastly, he was concerned about limiting public comments and advised Mayor Sidhu of a possible recall. Jannelle Welker expressed her support for the display of the LGBT Pride Flag at City Hall and urged City Council to approve the item. She believed that Item No. 29 was intended to maintain decorum at City Council meetings but believed that there was another way to achieve that goal. Ashleigh Aitken thanked Council Member Brandman for asking her to speak at City Council regarding the display of the LGBT Pride Flag at City Hall. She expressed concern with the lease extension with Angels Baseball and did not believe it was in the best interest of Anaheim. She also believed that the public comment agenda item will open up the City to litigation. She was concerned about district appointments and that the entire City Council would vote for such appointments. Jeff Kirsch, www.anaheimneedsimprovement.com, asked if the City Attorney would verify if the Charter sets the City Manager as the being responsible for real property negotiations. He disagreed with the proposed change in public comment and with the lease extension with Angels Baseball. Bijou Champeau advised that the Angels organization paid for her and her husband's full scholarship from Open Gate International. She told her story of sobriety and homelessness and expressed concern with homeless support in the community A male speaker encouraged the community to attend the Public Safety Board meeting on January 24, 2019 and he would like to see an increase in public safety dialogue. Grant Henninger spoke regarding public comments and was happy to see changes in the process. He would like to understand how the proposed changes are defensible under the Brown City Council Minutes of January 15, 2019 Page 10 of 27 Act. He believed that limiting the public comment period needed to be applied equally to all people speaking during public comment. Tim Schindler expressed his support for the lease extension for Angels Baseball as long as it was a fair negotiation and he believed that a new stadium should be privately built. He was very concerned about limiting public comment. Bryan Kaye noted that City Council needed to listen to its residents and expressed strong concern about the operations of the Anaheim Police Department. He asked that City Council pay attention to its residents. Vern Nelson expressed disagreement with limiting district appointments Lisa Barrios spoke about the wages of the Resort and Angels workers and wanted City Council to know that wages are not enough to support a family. She encouraged City Council to listen to its residents. COUNCIL COMMUNICATIONS: Council Member Moreno requested the City Attorney provide a report regarding the City prosecution issue raised by Brooke Weitzman. 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 own 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 grant, which staff will use to complete projects for safe routes to schools, including ADA ramps and completing sidewalk gaps within a'/2 mile of nine (9) school entrances. CONSENT CALENDAR: At 8:03 P.M., the consent calendar was considered with Council Member Moreno pulling Item No. 16 and Council Member O'Neil pulling Item No. 25 for separate discussion. Council Member Faessel declared a potential conflict of interest on Item No. 22. MOTION: Mayor Pro Tem Kring moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each City Council member and as listed on the consent calendar, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and City Council Minutes of January 15, 2019 Page 11 of 27 Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried. B105 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. D128 2. Receive update on homeless efforts in Anaheim. D116 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 D180 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 D180 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. D180 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. D180 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 AGR- Electric Line Extension Project, Phase 1 and authorize the Public Works Director to 11339 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 D180 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. AGR- 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 10803.A January 1, 2019 to June 30, 2019, and authorize the Director of Community and Economic Development, or designee, to execute and administer the agreement. City Council Minutes of January 15, 2019 Page 12 of 27 AGR- 11. Approve the Plumbing Utility Agreement with Convention Technical Services, Inc. (CTS) 11340 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 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. AGR- 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 11341 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 AGR- corner of Lincoln Avenue and Euclid Street). 11342 14. Approve an agreement with Nichols Consulting Engineering, in the amount of $145,970, AGR- for civil engineering services for the Citywide Pavement Management Program Update for 11338 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 A123 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. AGR- 17. Approve an agreement with Meridian Knowledge Solutions, in the one-time startup cost of 11344 $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 D154 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. City Council Minutes of January 15, 2019 Page 13 of 27 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 D154.3 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 D154.5 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 R100 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 R100 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). Due to a potential conflict of interest, Council Member Faessel abstained on Item No. 22. ROLL CALL VOTE: AYES - 6 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, and O'Neil). NOES — 0. ABSTAIN— 1 (Council Member Faessel). Motion carried. City Council Minutes of January 15, 2019 Page 14 of 27 R100 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. M142 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). END OF CONSENT CALENDAR: 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 AGR- agreement and take the necessary actions to implement and administer the agreement. 11343 DISCUSSION: Council Member Moreno thanked the Anaheim Police Department and reported that this allowed the City to recoup costs for providing air support to other municipalities. Police Chief Jorge Cisneros reported that this was an agreement between the City of Anaheim and the City of Irvine to provide helicopter services in the amount of $975 for each flight hour. Council Member Moreno advised that Anaheim was now the third safest city of its size in the country but he has heard complaints about the noise generated by the helicopter and asked how it will be mitigated. Deputy Chief Julian Harvey advised that helicopter would only go to the City of Irvine if they request it and if there is not a more pressing issue in Anaheim. He also advised that the helicopter could often reach a crime scene faster than a patrol vehicle. Council Member Moreno suggested that Deputy Chief Harvey return to provide a report regarding helicopter noise. Council Member Faessel asked if this contract would be a model for another city and Deputy Chief Harvey believed it could be a model for future partnerships. Council Member Moreno moved to 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, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried. City Council Minutes of January 15, 2019 Page 15 of 27 25. ORDINANCE NO. 6457 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 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). DISCUSSION: Council Member O'Neil advised that he pulled the item to maintain his opposition to this item believed that it was not within the City's purview to fly any non-government flags, and stated flying the Pride Flag does nothing to advance the role of local government. In response to Council Member Barnes, City Attorney Robert Fabela clarified that that flag ordinance will not allow any other special interests to fly their flag at City Hall. Mayor Pro Tern Kring advised that she would not be supporting this item. She agreed with Council Member O'Neil that this was not the purview of the City and she was concerned about potential litigation. Council Member Brandman advised that he respected Council Member O'Neil's opinion. He advised Santa Ana started flying the LGBT Pride Flag in 2015 with no issues since and provided background information on Anaheim's process. Council Member Faessel has heard from his constituents that they are concerned about only allowing the LGBT Pride Flag and not flags from other organizations. He requested to sit down with Mayor Sidhu and Council Member O'Neil to find a way to be able to fly a flag of other organizations. He expressed concerns with the manner in which this item was presented but stated his support of the item, nonetheless. Mayor Sidhu advised that he received and read each email he has received on this matter and took into consideration their thoughts and those of his fellow Council Members. Council Member Brandman advised that the City of Santa Ana developed a thorough flag policy and encouraged City Council to review the policy as a potential model for the City of Anaheim. MOTION: Council Member Brandman moved to adopt ORDINANCE NO. 6457 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, seconded by Council Member Moreno. ROLL CALL VOTE: AYES — 4: (Mayor Sidhu and Council Members Brandman, Moreno, and Faessel); NOES — 3 (Mayor Pro Tern Kring and Council Members Barnes and O'Neil). Motion carried; ordinance adopted. 26. Appoint representatives to serve on the following regional agencies (continued from B105 Council meeting of December 18, 2018, Item No. 27): Anaheim Union High School District Foundation: APPOINTMENT: Stephen Faessel (1 year term, ending December 31, 2019) (vacant, held by Tom Tait) MOTION: Mayor Sidhu nominated Council Member Faessel for Anaheim Union School District Foundation, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES - 6: (Mayor Sidhu and City Council Minutes of January 15, 2019 Page 16 of 27 Council Members Kring, Barnes, Brandman, Faessel, and O'Neil); NOES — 1 (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: Mayor Sidhu nominated Council Member Trevor O'Neil to the Four Corners Transportation Coalition, seconded by Mayor Pro Tem Kring. ROLL CALL VOTE: AYES - 6: (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O'Neil); NOES — 1 (Council Member Moreno). Motion carried. AGR- 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 1433.2 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. DISCUSSION: Mayor Sidhu reported that he met with Angels owner Arte Moreno the previous week and it was clear that the team would like to stay in Anaheim if a deal can be worked out that benefits the City, Anaheim residents, and the team. Mayor Sidhu stated the City needed a plan and time to make that happen and was asking his colleagues to consider a one-year extension to the current Angels lease through the end of 2020. City Manager Chris Zapata reported that Anaheim has been a home to professional sports for many years and reported his experience with professional sports teams and facilities through his previous positions over the last 15 years. Mr. Zapata reported that the appraisal, voted on in November 2018, directed staff to look at the City's public asset. The appraisal was important to the process and will be made a priority along with other critical City business. He reported that the last appraisal in 2014 cost approximately $150,000 and he intended to have a proposal for a new appraisal come back to City Council in late February for approval. He clarified that the current item for consideration was a 14 -month extension with a 90 -day vacation period, which includes two baseball seasons. Tom Morton, Executive Director, Convention, Sports and Entertainment Department, reported that, if approved, the proposed Second Amendment to the Amended and Restated Lease Agreement would determine that the Angels' election to exercise their termination option, as stated in their letter dated October 15, 2018, was rescinded, null and void, and of no effect. He advised that the amendment would provide a fourteen (14) month extension to their termination rights to provide them the option to terminate this lease as of December 31, 2020, provided that they give twelve months written notice. Mr. Morton advised that this extension would provide the City and Angels Baseball time to work out a complicated transaction and could signal the City's willingness to work in cooperation with a long-time tenant and partner in reaffirming the partnership. He reported that by limiting the extension to only fourteen months, it gives an end date for discussions so that if a new arrangement has not been reached in the near future, the City can start to plan for the utilization and development of the City asset without a major league baseball team. Finally, the proposed extension allows for at least two more seasons of major league baseball in Anaheim. City Council Minutes of January 15, 2019 Page 17 of 27 Council Member Faessel found it necessary to allow time to let market decide and felt it was very important for all the stakeholders to have a voice here, including the public, the Anaheim Ducks, and local businesses and organizations. He reported he had reviewed the documents from the previous negotiations and clarified that he does not have a clear understanding of what current or future deal points will be or how the contract will look. He addressed differences between five years ago and today including changing land value, the implementation of district elections, and the presence and experience of City Manager Chris Zapata. He referenced the conditions of local Little League fields and their need for attention that he will ask the Angels to assist with. He thanked Mayor Sidhu for reaching out to the Angels and noted the need for more time to take things step-by-step. Mayor Pro Tem Kring agreed with Council Member Faessel but also felt that there was misinformation in the community five years ago. She stated staff had worked with the Angels and then discussions broke down. She believed that there will be experienced people in the negotiations and expressed a desire to bring Charles Black back as the City's negotiator. She noted that this was a great deal for the City and work should start tomorrow. Council Member Barnes appreciated hearing from local business owners in attendance, questioned why nothing had happened over the last two years, questioned why this amendment was necessary to start negotiations, and expressed a desire to be more proactive. Council Member O'Neil noted that the City was about to embark on a complex deal with Angels Baseball and those types of negotiations take time. He did not want to rush the process to ensure transparency and that all options were considered to craft a deal to benefit residents and tax payers, the City, and the team. He did not view this as giving up leverage, as he believed the City was in a better position to negotiate when the Angels know that the City is a valued partner and not an adversary. Council Member Moreno recapped the history of negotiations with Angels Baseball since September 2013. He stated City Council's fiduciary responsibility was to look after Anaheim, which represents the residents. He expressed concern that negotiations have been happening for over six years with the Angels and did not know what the rush was to give another extension. He reported he first met with Angels President John Carpino in February 2017 and does not feel that the public had misinformation as the information was in the public documents of the framework. He stated the stadium was a citywide asset, not district based, and quoted a Los Angeles Times article in which Arte Moreno stated the Angels would remain in Anaheim until 2029. Council Member Moreno expressed concern with the extension in that it allows Angels Baseball to terminate the lease agreement at any time. He quoted the agreement line item that states, "Tenant will have the option to terminate this lease at any time without cause to be effective no later than December 31, 2020". He was concerned that if the item was approved it opened the door for the Angels to begin negotiations with another City while remaining nearly rent free in the stadium and was similar to what the Raiders did in Oakland. He believed the language was problematic and also felt the City needed to obtain the appraisal before entering negotiations. He stated that no negotiations had occurred before now since the team stated in 2017 they were staying so the City worked on other priorities. Council Member Moreno would like to sit with Angels Baseball in good faith and negotiate in lieu of extending the lease agreement and proposed that this item be continued. City Council Minutes of January 15, 2019 Page 18 of 27 MOTION: Council Member Moreno moved to postpone the item indefinitely, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 2 (Council Members Barnes and Moreno); NOES - 5 (Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O'Neil). Motion failed. DISCUSSION: Council Member Brandman noted that Council Member Moreno's points were well taken. He referenced speaking with others over the last three years about things he may have done differently and noted that, upon reflection, he would not have voted for the 2013 framework due to the item being rushed and not fully prepared. He asked Mr. Zapata if the vote tonight was necessary to get the best deal possible for the people of Anaheim. In response, Mr. Zapata believed that this item has become more important given that the City Council signed a new deal with the Anaheim Ducks last November that can serve as a template, but also complicated it as it was no longer a stand-alone item. Mr. Zapata shared that staff will accomplish directives from Council, but he would like to develop a team to negotiate that would be comprised of City staff and outside contractors to do a comprehensive analysis to enter into this agreement, believing it will take time, especially in conjunction with other major community efforts. In terms of achieving aspirational goals, Council Member Brandman believed time was better. He was concerned about the employees at the stadium, given the compression of time, and wanted to make sure everyone was secure while negotiations take place. He would like to see a full Community Benefit Agreement as part of the negotiations, which was not on the table previously but he believed it was possible now, referring to Los Angeles County for model agreements. Mayor Pro Tem Kring noted that the $1 per year was a negotiating tool and, knowing as she does now, she would not have voted for the previous agreement. MOTION: Mayor Pro Tem Kring moved to approve Item No. 27, seconded by Council Member O'Neil. In response to Council Member Barnes's inquiry regarding rent, Mr. Morton reported that Angels Baseball pays $2.4 million per year in prepaid rent ($80 million original investment in stadium) and that the City receives annual threshold revenues based on attendance, parking, and events in additional to tax revenue, concessions, and merchandise. Mr. Zapata spoke to the threshold revenues over 2.6 million attendees and that revenue was brought in through sales tax based on the extensive number (81 guaranteed home games) of games per year. Mr. Zapata reported an audit covering 2013-2017 showed revenue of about $6 million over the time period. Council Member Barnes asked if it was possible to require Angels Baseball to put Anaheim back into the name. Mr. Morton advised that the item tonight was to extend the agreement to allow for future negotiations. Mr. Zapata advised on the process that will need to take place, if the agenda item was approved, before the City can make requests of Angels Baseball, acknowledging that the team name is important to the community. Council Member Moreno stated they were all committed to wanting the Angels to stay and were trying to determine the best methods and strategies. He asked the City Attorney to clarify, at a later date, provisions in the Charter and who can negotiate on behalf of the City. Council Member Moreno offered three amendments to the Second Amendment in the interest of protecting the City as he believed that when the Angels chose to opt out, that agreement is null and void, effective October 2019. He saw this as an ability to negotiate something new in additional to a long-term deal. Mr. Morton clarified the termination letter ended the contract in City Council Minutes of January 15, 2019 Page 19 of 27 October of 2019 and the current proposal was an amendment to rescind the opt -out letter and move forward through 2020. AMENDED MOTION: Council Member Moreno moved to amend the item to require the Angels to pay fair market rent for the duration of the extension, require a binding agreement for exclusive negotiation, and to require the use of Anaheim in team name, seconded by Council Member Barnes. Council Member Moreno referenced a report that calculated the value of Anaheim in the team name and reported that the absence of Anaheim in the name was causing the City to lose $32 million per year. Council Member Moreno presented examples of other national sport team negotiations of fair market rent payments during negotiations. Council Member O'Neil requested a point of order regarding the number of amendments allowed on a motion. Mr. Fabela reported the rules of order do not permit more than two amendments to a main motion, so no amendments to amendments. As these were single amendments to the main motion, and not a series, it did not seem to violate the rules. Mayor Sidhu and Mayor Pro Tem Kring both expressed their opposition to Council Member Moreno's amended motions. Council Member Barnes felt that the City was working out of fear instead of being proactive and did not understand distancing itself this way. Council Member Faessel asked the City Manager whether these amendments maybe accepted by the Angels. Mr. Zapata stated each dealt with the community, budget, and certainty, but that he could not speak for the team and saw the amendments as possible "button pushers." Council Member Faessel stated his desire to see the name restored but felt this was not the right time. He could see the binding agreement as logical at this point. Council Member O'Neil felt, in considering these amendments, this was engaging in a one-sided negotiation process from the dais which was not on the agenda and he was unsure if can be voted on during the this meeting. Mr. Fabela believed he would need more clarity on each amendment, if they were to pass, to give staff more direction. Mr. Fabela clarified there was a motion to add each proposal as an amendment and suggested taking three separate votes. Council Member Moreno clarified that this was an opportunity to negotiate for fair market rent on an interim lease agreement and only inclusive of the extension. Mr. Fabela clarified the action on floor, as proposed, was to extend the period in which the Angels could terminate the agreement without cause, not to extend the term of the agreement which expires on its own terms in 2029. Council Member Moreno stated it was allowing the Angels to stay in the City's facility under current conditions and added that the team would agree to use the full name of the team which is the Los Angeles Angels of Anaheim over the next two years. SUBSIDIARY MOTION: Council Member O'Neil moved to call the question, seconded by Mayor Pro Tem Kring. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES — 0. Motion carried. City Council Minutes of January 15, 2019 Page 20 of 27 AMENDED MOTION: Council Member Moreno moved to amend the item to require the Angels to pay fair market rent, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 2 (Council Members Barnes and Moreno); NOES: - 5 (Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O'Neil). Motion failed. AMENDED MOTION: Council Member Moreno moved to amend the item to require a binding agreement for exclusive negotiation, seconded by Council Barnes. ROLL CALL VOTE: AYES — 3 (Council Members Barnes, Moreno, and Faessel); NOES —4 (Mayor Sidhu and Council Members Kring, Brandman, and O'Neil). Motion failed. AMENDED MOTION: Council Member Moreno moved to amend the item to require the use of Anaheim in team name, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 2 (Council Members Barnes and Moreno); NOES — 5 (Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O'Neil). Motion failed. MOTION: Mayor Pro Tern Kring moved to 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 as presented, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 5 (Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O'Neil); NOES — 2 (Council Members Barnes and Moreno). Motion carried. 28. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE D114 CITY OF ANAHEIM amending and restating the procedures and rules of order for the conduct of City Council meetings. DISCUSSION: Mayor Sidhu explained he requested that staff review Council rules of order in order to streamline meetings while providing the public meaningful opportunity to address City Council. Mayor Sidhu, in response to earlier speakers, requested a change to the proposal to allow general comments at the beginning of the meeting with a time limit of one (1) minute, with any members of the public who wish to use the full three minutes addressing the City Council at the end of the meeting. City Attorney Robert Fabela reported that Mayor Sidhu requested that the Council Rules of Order for the Conduct of Meetings be revised to help streamline meetings, making them more efficient and effective, while still providing the public meaningful opportunities to address the Council on matters of concern. He advised that staff reviewed policies from other public agencies, proposed revisions, and reviewed the Brown Act and First Amendment jurisprudence to address the City Council. Mr. Fabela summarized that there was a provision that instructed attendees to refrain from behavior which will disrupt the public meeting but still afford the public the right to free speech in participating in the meeting. He advised that another provision required that speaker cards must be submitted within an hour of the scheduled start time, indicate the item on the agenda or a general item of interest not on the agenda, and allows for anonymous speakers. He clarified the intent was for the time limit for submitting cards be an hour after the regularly scheduled start time of the regular business meeting. Mayor Sidhu asked for a revision to keep the current practice to allow for speakers to present their cards at any time. Additionally, Mr. Fabela reported that a City Council Minutes of January 15, 2019 Page 21 of 27 provision divided public comment into agenda item comments near the beginning of the meeting and non -agenda item comments at the end of the meeting. Lastly, the times to speak for public hearings were reduced (twenty minutes reduced to fifteen minutes, ten minutes reduced to five minutes, and five minutes reduced to three minutes). Council Member Faessel provided his general support with some of the proposals but stated having an issue with the speaker cards required to be turned in within one hour of the meeting starting time. Additionally, he felt that one (1) minute was too short. He asked if Mayor Sidhu would be willing to continue this item so it can be further reviewed. Mayor Pro Tem Kring was in support of stopping disruptive clapping during the meeting and she felt that some members of the public were intimidated to come to City Council meetings because of the language and behavior of other attendees. She referred to repetitive speakers and referenced other agencies with similar rules to those proposed. Council Member Moreno expressed concern with the heckling of the public by persons attending a meeting. He would like to see rules around the ability of the public to express themselves to City Council but was concerned with how far rules may go in restricting expression. Council Member Barnes did not support limiting public comments to one (1) minute and provided examples of how that would be difficult for certain speakers. Council Member O'Neil stressed that City Council meetings were a limited public forum and members of the public may speak on agenda items and items that are under the City Council purview, to which Mr. Fabela concurred. Council Member O'Neil asked if there was a method for on-line requests and City Clerk Linda Andal advised that staff could explore that possibility. He asked if a framework can be established for public comments limited to 1.5 hours and prioritizes speakers addressing specific agenda items, then moves the remaining public comments to the end of the meeting. Council Member Faessel asked for clarification on the red -lined resolution and the proposed provisions to be stricken based on the discussion. He also advised that was not supportive of the one (1) minute rule. Mayor Sidhu clarified his proposal as a compromise to allow speakers to speak early or wait until later. Council Member Brandman spoke about his experience at previous and other city's City Council meetings. He was concerned about bifurcating the public comments and felt that it left the City exposed to litigation. Council Member O'Neil expressed concern regarding the one (1) minute limitation and could not support it. Mayor Pro Tem Kring suggested that this item be continued to the next City Council meeting. Council Member Moreno asked that it be tabled indefinitely to allow Mayor Sidhu to assess the situation and expressed concern that the public will start litigation. MOTION: Mayor Pro Tem Kring moved to continue Item No. 28 to January 29, 2019, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members City Council Minutes of January 15, 2019 Page 22 of 27 Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES -0. Motion carried; item continued to January 29, 2019. 29. ORDINANCE NO. 6458 (INTRODUCTION) AN ORDINANCE OF THE CITY M142 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. City Clerk Linda Andal reported that this item was at the request of Mayor Sidhu to amend the Municipal Code to consider the manner in which board and commission members are appointed. She advised that it was intended to maintain district -based representation, while ensuring that all appointments are reflective of the City, as a whole, as well to promote good governance, given that City boards and commissions serve in an advisory capacity to the City Council. Ms. Andal advised that the amendment would require an affirmative majority vote by the City Council to ratify each district and at -large nomination of board and commission members. She provided a brief background of this item as noted in the staff report. Ms. Andal requested, if the ordinance was introduced this evening, that the appointments on the agenda be continued so the ordinance can be introduced, later adopted, and the earliest date for new appointments would be March 5, 2019. This would not have an effect on the commissions as the Code states that commissioners remain seated until their successors are appointed. DISCUSSION: Council Member Faessel noted that many of his appointments were by the majority of City Council. He felt that this was a fair balance and forces City Council to work together. Mayor Pro Tem Kring agreed with this item and believed it helped the City Council work together. Council Member Moreno noted that City Council was duly elected by districts so that the residents can have their voices heard. He understood the intent but did not believe a change was necessary. He did not believe that the power to appoint should be taken away from district representatives. Council Member O'Neil referenced the survey provided by Ms. Andal and noted that 27 Orange County cities require a majority vote for appointments, with eight of those cities being district - based. Council Member Brandman recapped his experience in both types of City Councils and he believed that the City should maintain the structure it had today. In response to Council Member Moreno, Mayor Sidhu wanted to have the majority council vote and believed he was leaving the possibilities open for district appointments. MOTION: Council Member Faessel moved to introduce ORDINANCE NO. 6458 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, seconded by Mayor Pro Tem Kring. ROLL City Council Minutes of January 15, 2019 Page 23 of 27 CALL VOTE: AYES — 4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil); NOES — 3 (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. 8105 Budget, Investment and Technology 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) 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) City Council Minutes of January 15, 2019 Page 24 of 27 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: Planning Commission (4 appointments): District 2 appointment: District 3 appointment: District 6 appointment: Mayoral appointment: Public Utilities Board (4 appointments): (December 31, 2022 (December 31, 2022) (December 31, 2022) (December 31, 2022) (December 31, 2022 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 DISCUSSION: Mayor Sidhu asked for this item to be continued so that the ordinance in Item No. 29 can be adopted. Council Member Moreno did not want to wait as he was ready to make his appointments and he did not support the motion. City Council Minutes of January 15, 2019 Page 25 of 27 MOTION: Mayor Sidhu moved to continue Item No. 30 to March 5, 2019, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES — 5 (Mayor Sidhu and Council Members Kring, Barnes, Faessel, and O'Neil); NOES — 2 (Council Members Brandman and Moreno). Motion carried; item continued to March 5, 2019. 31. Receive report regarding the Anaheim Sunshine Ordinance, codified as Chapter 1.11 of D112 the Anaheim Municipal Code. MOTION: Council Member O'Neil moved to continue Item No. 31 to January 29, 2019, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES — 3 (Mayor Sidhu and Council Members Kring and O'Neil); NOES — 4 (Council Members Barnes, Brandman, Moreno, and Faessel). Motion failed. DISCUSSION: City Attorney Robert Fabela reported that Council Member Moreno requested a presentation from staff to provide an outline of the Sunshine ordinance. He covered public meeting notices, agendas, and broadcasting requirements; public records and email retention; public outreach on development projects; lobbyist registration; conflict of interest; and "revolving door" provisions. Council Member Moreno advised that this was a very important ordinance that City Council approved and found it important to review. He reported that City Council was given approximately $74,000 annually to hire staff and some Council Members contracted public affairs firms which were tied to lobbyists. He asked Mr. Fabela to review of City Council hires to ensure that they were not tied to lobbyists. Council Member Faessel spoke about a previous staff member on his staff and the employee never received a notification from the City, but left on her own for a better position and not for any conflict with the Sunshine ordinance. Council Member Barnes asked if there could be notification of who has been on-boarded on the seventh floor, to which City Manager Chris Zapata advised he would work with her directly. Council Member O'Neil reported that he has a Council Aide employed with a public relations firm that contracts with the City and asked Mr. Fabela to review her employment for transparency. Council Member Moreno advised that Council Member Faessel stated, at that time, his discomfort in that he would be the only City Council Member affected by the Sunshine ordinance. Council Member Moreno wanted everyone to speak with the City Attorney and review employees. The item was presented; no action taken. PUBLIC HEARINGS: 32. CONDITIONAL USE PERMIT NO. 2003-04800D (DEV2018-00051) C220 LOCATION: 200 North Via Cortez, located approximately 750 feet north of Santa Ana Canyon Road, at the northern terminus of North Via Cortez. OWNER: Elias 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 City Council Minutes of January 15, 2019 Page 26 of 27 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 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 was withdrawn by the appellant. No action taken REPORT ON CLOSED SESSION ACTIVITES: None COUNCIL COMMUNICATION: Council Member Barnes acknowledged all parties involved with the homeless shelter's 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, concurred 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 City Council Minutes of January 15, 2019 Page 27 of 27 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 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: At 11:41 P.M., with no objection, Mayor Sidhu adjourned the December 18, 2018 meeting in memory of Officers Natalie Corona and Ronnie Singh, Anaheim residents Noah Cisneros and Robert (Bob) Wadley, and Public Utilities employee Rick Gomez. Respectfully submitted, eresa Bass, CMC City Clerk