RES-2020-055 •
RESOLUTION NO.2020-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TO ADOPT A MITIGATED NEGATIVE
DECLARATION FOR PROPOSED GENERAL PLAN
AMENDMENT NO. 2019-00527, RECLASSIFICATION NO.
2019-00320, CONDITIONAL USE PERMIT NO. 2019-06009,
AND TENTATIVE TRACT MAP NO. 19017
(DEV2019-00037)
(1619, 1631, AND 1699 W. LINCOLN AVENUE AND
AN ADJACENT CITY-OWNED PARCEL WITH NO ADDRESS
ASSIGNED)
WHEREAS, the City Council of the City of Anaheim (the "Planning Commission") did
receive a verified petition for General Plan Amendment No. 2019-00527, Reclassification No.
2019-00320, Conditional Use Permit No. 2019-06009, and Tentative Tract Map No. 19017 to
demolish the existing buildings and construct 115 new single-family attached residences with
modified development standards(the"Proposed Project"), for that certain real properties generally
located at the northeast corner of Lincoln Avenue and Euclid Street and commonly referred to as
1619, 1631, and 1699 West Lincoln Avenue in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the "Property"); and
WHEREAS,the Property is approximately 7.17 acres in size. Two parcels within northern
part of the project site are located in the "T" Transition zone. The eastern parcel along Lincoln
Avenue is located in "C-G" General Commercial zone and the western parcel along Lincoln
Avenue is located in"I"Industrial zone.The entire site is designated for General Commercial land
uses by the General Plan. The development standards and regulations of Chapter 18.06(Multiple-
Family Residential Zones) of the Anaheim Municipal Code (the "Code") apply to the Proposed
Project; and
WHEREAS, the Proposed Project is to construct 115 single-family attached residences
with modified development standards subject to approval of Conditional Use Permit No. 2019-
06009 by the Planning Commission pursuant to Sections 18.06.030 (Uses), of Chapter 18.06
(Multiple-Family Residential Zones) of the Code; and
WHEREAS,General Plan Amendment No.2019-00527 is to amend the General Plan Land
Use designation from General Commercial to Mid Density Residential; and
WHEREAS,Reclassification No. 2019-00320 is to reclassify the property from the"C-G"
General Commercial, "T"Transitional, and"I"Industrial Zones to the"RM-3.5"Multiple-family
Residential Zone; and
WHEREAS, Tentative Tract Map No. 19017 proposes a 1-lot subdivision for 115
condominiums; and
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WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a draft Mitigated Negative Declaration was prepared to evaluate the
physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was
circulated for a 30-day public/responsible agency review on February 20,2020,and was also made
available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated
Negative Declaration is on file and can be viewed in the Planning and Building Department of the
City located on the First Floor of City Hall at 200 South Anaheim- Boulevard., Anaheim,
California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim,
California; and, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, Anaheim,
California. Copies of said document were also available for purchase; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that
are specific to the Proposed Project (herein referred to as "MMP No. 365"). A complete copy of
MMP No. 365 is attached hereto as Exhibit B and incorporated herein by this reference; and
WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration
to.(a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and
organizations, if any, that previously submitted written requests for notice pursuant to Section
15072(b) of the CEQA Guidelines, (c)responsible and trustee and other agencies with jurisdiction
over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the
CEQA Guidelines, and(d) the Clerk of the County of Orange pursuant to Section 15072(a) of the
CEQA Guidelines; and
WHEREAS, the City intends and desires to use the Mitigated Negative Declaration as the
environmental documentation required by CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual for the Proposed Project; and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on April 13, 2020, at 5:00 p.m., notice
of said public hearing having been duly given as required by law and in accordance with the
provisions of Chapter 18.60 of the Code,to hear consider the Mitigated Negative Declaration and
to hear and consider evidence for and against the Proposed Project and related actions, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, by its motion, pursuant to the provisions of CEQA, the CEQA Guidelines,
and the City's Local CEQA Procedure Manual, the Planning Commission found and determined
that the Proposed Project will have a less than significant impact upon the environment with the
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implementation of the conditions of approval and the mitigation measures attached to that
concurrent Resolution and contained in MMP No. 365, and recommended that the City Council
approve and adopt the Mitigated Negative Declaration and MMP No. 365;
WHEREAS, upon receipt of the Planning Commission's recommendation, the City
Council did fix the 9th day of June, 2020, as the time, and the City Council Chamber in the Civic
Center, as the place, for a public hearing on the Proposed Project and the Mitigated Negative
Declaration and for the purpose of considering evidence for and against the Proposed Project and
the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by
law; and
WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated
Negative Declaration, including MMP No. 365 and the comments received to date and the
responses prepared,the City Council does find and determine as follows:
1. That the Mitigated Negative Declaration has been prepared in compliance with the
requirements of CEQA,the CEQA Guidelines, and the City's Local CEQA Procedure Manual and,
together with MMP No. 365, serves as the appropriate environmental documentation for the
Proposed Project;
2. That it has carefully reviewed and considered the information contained in the
Mitigated Negative Declaration(including the Initial Study and any comments received during the
public review period)prior to acting upon the Proposed Project;
3. Based upon the record before it (including the Initial Study and any comments
received), the Proposed Project will have a less than significant impacts upon the environment
with the implementation of the mitigation measures contained in MMP No. 365 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the City
Council; and
WHEREAS, this City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution,that the
facts stated in this Resolution are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentations, the staff report and all materials
in the project files. There is no substantial evidence, nor are there other facts,that detract from the
findings made in this Resolution. This City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented to
it.
NOW, THEREFORE, BE IT RESOLVED that this City Council, pursuant to the above
findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence
received to date,does hereby adopt the Mitigated Negative Declaration(including the Initial Study
and any comments received during the public review period) based on the findings and
determinations as follows:
1. That the Mitigated Negative Declaration has been prepared in compliance with the
requirements of CEQA,the CEQA Guidelines, and the City's Local CEQA Procedure Manual and,
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together with MMP No. 365, serves as the appropriate environmental documentation for the
Proposed Project;
2. Based upon the record before it (including the Initial Study and any comments
received),that the Proposed Project will have a less than significant impact upon the environment
with the implementation of the mitigation measures contained in MMP No. 365 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the City
Council;
3. That the City Council hereby approves and adopts Mitigated Negative Declaration and
MMP No. 365; and
4. That the City Council authorizes and directs City staff to file with the Clerk of the
County of Orange a Notice of Determination in accordance with Section 15075(a) of the State
CEQA Guidelines.
THE FOREGOING RESOLUTION was adopted by the City Council of the City of
Anaheim this 9 thday of June , 2020,by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman,
Kring, and O'Neil
NOES: Council Member Moreno
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
A IAA I , l
al
,P `; V O C 1 Y OFANAHEIM
ATTEST:
CITY CLERK • THE CITY OF ANAHEIM
137937
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EXHIBIT "A"
DEV NO. 2019-00037
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"EXHIBIT B"
MITIGATION MONITORING AND REPORTING PROGRAM#365
•
FOR
LINCOLN AT EUCLID -
CEQA Action: Mitigated Negative Declaration (State Clearinghouse#2020029069)
1. Project Description—
• Adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program.
• Approval of a.General Plan Amendment from the General Commercial land use designation to the Residential Mid Density land use designation.
• Approval of a Zoning Reclassification from the Transition (I),Industrial (I) and General Commercial (C-G) Zones to the Multiple-Family Residential (RM-
3.5) Zone;
• Approval of a Tentative Tract Map to allow 115 airspace attached residential condominiums;and
• Approval of a Conditional Use Permit to allow 115-unit single-family attached residential planned unit development in the RM 3.5 Zone with modified
development standards.
• Approval of a Disposition and Development Agreement to Approval of a Disposition and Development Agreement to convey approximately 1.33 acres to
the Project Applicant to construct,operate, and maintain a residential development project.
2. Property Owner/Developer—Shopoff Realty Investment
3. Environmental Equivalent/Timing—Any Mitigation Measure and timing thereof,subject to the approval of the City,which will have the same or superior
result and will have the same or superior effect on the environment.The Planning and Building Department,in conjunction with any appropriate agencies or
City departments, shall determine the adequacy of any proposed"environmental equivalent/timing"and,if determined necessary,may refer said determination
to the Planning Commission.Any costsassociated with information required in order to make a determination of environmental equivalency/timing shall be
borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted fee schedule.
4. Timing—This is the point where a mitigation measure must be monitoredfor compliance. In the case where multiple action items are indicated,it is the first
point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with,no additional
monitoring pursuant to the Mitigation Monitoring Program will occur because routine City practices and procedures will ensure that the intent of the measure.
has been complied with. For example,if the timing is "to be shown on approved building plans"subsequent to issuance of the building permit consistent with
the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance.
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5. Responsibility for Monitoring—Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all
departments listed for each mitigation measure.
6. Ongoing Mitigation Measures—The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring program will
be monitored in the form of an annual letter from the property owner/developer in January of each year stating how compliance with the subject measures(s)
has been achieved.When compliance with a measure has been demonstrated for a period of one year,monitoring of the measure will be deemed to be satisfied
and no further monitoring will occur. For measures that are to be monitored"Ongoing During Construction,"the annual letter will review those measures only
while construction is occurring.Monitoring will be discontinued after construction is completed.
7. Building Permit—For purposes of this mitigation monitoring program,a building permit shall be defined as any permit issued for construction of a new
building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor
additions to an existing structure or building.
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MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Timing Mitigation Measure Responsible for Monitoring Completion
AIR QUALITY
Prior to any permit issuance AQ-1 Prior to any permit issuance,the Project Applicant shall provide a note on plans indicating that the Public Works Department;Planning
construction contractor(s) shall not overlap site preparation activities with demolition and grading and Building Department
activities,and shall monitor the construction activities to ensure that the site preparation activities do
not overlap with demolition and grading activities.
CULTURAL AND PALEOTOLOGICAL',RESOURCES.. `, ,
Prior to issuance of grading or CUL-1 Prior to issuance of grading or building permits,the Project Applicant shall provide a note on plans Planning and Building Department,
building permits indicating that in the event that Project Applicant discovers any evidence of cultural resources during Planning Services Division
ground-disturbing activities, all work within the vicinity of the find shall stop until a qualified
archaeological consultant can assess the find and make recommendations.Project Applicant shall
not attempt excavation of potential cultural resources. If any evidence of cultural resources are
discovered during ground-disturbing activities, the qualified archaeologist shall ensure that the
Proposed Project complies with the following measures.
• Prior to any ground disturbance,the qualified archaeologist,or their designee,shall provide a
worker environmental awareness protection(WEAP)training to construction personnel
regarding regulatory requirements for the protection of cultural(prehistoric and historic)
resources.As part of this training,construction personnel shall receive proper procedures to
follow if unanticipated cultural resources are discovered during construction.Workers will
have contact information and protocols to follow in the event of any inadvertent discoveries.
The WEAP training can be in the form of a video or PowerPoint presentation.Printed
literature(handouts)can accompany the training and given to new workers and contractors to
avoid continuous training over the course of the construction.
• In the event that Project Applicant encounters unanticipated cultural material during any
phase of project construction,all construction work within 50 feet(15 meters)of the find shall
cease and the qualified archaeologist shall assess the find for importance.Construction
activities may continue in other areas.If,in consultation with the City,the discovery is
determined not to be important,work will be permitted to continue in the area.
• If the qualified archaeologist determines a resource to constitute a"historical resource"
pursuant to CEQA Guidelines Section 15064.5(a)or has a"unique archaeological resource"
pursuant to Public Resources Code Section 21083.2(g),the qualified archaeologist shall
coordinate with the Project Applicant and the City to develop a formal treatment plan.The
plan should serve to reduce impacts to the resources,and allow construction to proceed.The
treatment plan established for the resources shall be in accordance with CEQA Guidelines
Section 15064.5(f)for historical resources and Public Resources Code Section 21083.2(b)for
unique archaeological resources.Preservation in place(i.e.,avoidance)is the preferred
manner of treatment.
• If preservation in place is not feasible,treatment may include implementation of
archaeological data recovery excavations to remove the resource along with subsequent
laboratory processing and analysis.
• The Project Applicant shall provide any historic archaeological material that is not Native
American in origin for curation at a public,nonprofit institution with a research interest in the
materials,such as the South Central Coastal Information Center at California State
University,Fullerton.If no institution accepts the archaeological material,the Project
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MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Timing Mitigation Measure Responsible for Monitoring Completion
Applicant shall donate the archaeological material to a local school or historical society in the
area for educational purposes,as determined to be appropriate by the City of Anaheim.
GEOLOGY AND SOILS`AND PALEONTOLOGICAL'
Prior to the issuance of grading GEO-1 The Project Applicant shall implement all recommendations in the approved Geotechnical Public Works Department
or building permits Investigation report for the Proposed Project during site preparation,grading,and construction,and
compliance with the approved Geotechnical Investigation shall be verified in the field by a qualified
representative.The Project Applicant shall demonstrate to the City of Anaheim's Planning&Building
Department and/or Public Works Department staff that all or equivalent recommendations in the
Preliminary Geotechnical Investigation and Infiltration Testing for the Lincoln at Euclid Multifamily
Development,City of Anaheim,California,prepared by LGC Valley,Inc.April 4,2019,or any updates
to that report have been incorporated into the Proposed Project's design and grading plans.
HAZARDS AND HAZARDOUS MATERIALS
Prior to the issuance of grading HAZ-1 Prior to the issuance of grading or building permits, the Project Applicant shall prepare and Planning and Building Department;
or building permits implement a Removal Action Workplan(RAW)for review and approval by the Department of Toxic Planning Services Division
Substances and Control(DTSC). DTSC will review and provide comments to the RAW and once
these are satisfactorily addressed,the RAW will be considered DRAFT Final.The DRAFT Final RAW
will be circulated for a 30-day public review and comments period.After the public comment period
ends and any public questions and concerns are addressed,the RAW will be considered Final.The
RAW shall include the following:
• A Soil Management Plan(SMP)to provide guidance concerning the proper monitoring,
handling,segregation,stockpiling,dust control,testing,transport and disposal of potentially
impacted soils,which may be encountered during development activities.
• Passive vapor intrusion mitigation systems(VIMS)below the building foundations,including a
vapor barrier beneath the building slabs and perforated piping and vent risers to allow
ventilation of soil vapor from beneath the buildings to the atmosphere.
• Recording of a land use covenant(LUC)as an institutional control to require that any
changes in conditions(i.e.,modifications of building slabs,new construction,etc.)be
communicated to the Department of Toxic Substances and Control(DTSC),and that
mitigation measures and subsurface conditions be communicated to future buyers and
occupants.
• An Operation and Maintenance(O&M)Plan and O&M Agreement to facilitate inspection and
maintenance of the mitigation systems and regular sampling of shallow monitoring soil vapor
probes until such time as soil vapor PCE concentrations can be shown to be below DTSC
threshold criteria.
The approved Final RAW shall be implemented by the Project Applicant once City permits and
entitlements are secured.The VIMS design drawings will be included into the building plan check
package,which will be submitted to the City of Anaheim for review and approval prior to construction.
At any point after the Final RAW is approved,the Project Applicant shall engage DTSC to negotiate
the LUC and thereafter record it with the County of Orange.Additionally, an O&M Plan shall be
prepared to define the number of soil vapor sampling probes at the Project Site,the frequency of
sampling,the constituents of concern to be analyzed,and the frequency of reporting.The O&M Plan
may also include an action level below which O&M sampling may be discontinued with DISC
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MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Timing Mitigation Measure Responsible for Monitoring Completion
approval.The O&M Agreement shall be negotiated between the Project Applicant and DISC and
• shall be a legally binding document to implement the O&M Plan until such time that DTSC allows for
its discontinuation.
During grading and earthmoving activities,any potentially impacted soils handled per the protocols
and procedures of the SMP shall be reported and discussed with DTSC. Once construction of
structures begins, the engineer of record for the VIMS design (or someone working under their
responsible charge)shall be on-Site for inspections during VIMS construction.After construction is
completed,stamped as-builts shall be prepared and submitted to DTSC,as part of a Removal Action
Completion Report(RACR).The RACR may be specific to an individual building,set of buildings,or
the entire site, depending on the Project Applicant's preference, and will certify that mitigation
beneath the subject building(s)has(have)been implemented as per the requirements of the RAW.
DISC review and approval of the RACR is required,certifying that the building,set of buildings,or
the Project Site have met the conditions of the RAW.This certification from DISC shall be required
prior to issuance of the Certificates of Occupancy by the City of Anaheim,
'' TRANSPORTATION .
Prior to any construction work IRAN-1 Prior to any construction work, the Project Applicant shall prepare a site-specific construction Public Works Department,Traffic
worksite staging and traffic control plan and submit it to the Traffic Engineering Division of the City Engineering Division;Planning and
of Anaheim Public Works Department for review and approval.This plan shall include such elements Building Department,Planning
as the location of any potential partial lane closures,hours during which lane closures(if any)would Services Division
not be allowed; local traffic detours (if any); and protective devices and traffic controls, such as
barricades, cones, flag persons, lights, warning beacons, temporary traffic signals, and warning
signs. It shall indicate that lane closures are permitted on Lincoln Avenue during construction
between 8:30 AM and 3:30 PM,Mondays through Fridays.The Proposed Project will be required to
comply with the City-approved plan measures.
TRIBAL CULTURAL'RESOURCES : ,
Prior to the commencement of TCR-1 Prior to the commencement of any grading and/or construction activity,the Project Applicant shall Planning and Building Department,
any grading and/or retain a Native American Monitor/Consultant and a copy of the executed contract shall be submitted Planning Services Division
construction activity to the City of Anaheim Planning and Building Department.The Project Applicant shall be required to
retain and compensate for the services of a Tribal monitor/consultant who is both approved by the
Gabrieleno Band of Mission lndians-Kizh Nation Tribal Government and is listed under the NAHC's
Tribal Contact list for the Project Site.The Tribal monitor/consultant will only be present on-site during
the construction phases that involve ground-disturbing activities. Ground disturbing activities are
defined by the Gabrieleno Band of Mission Indians-Kizh Nation as activities that may include, but
are not limited to,pavement removal,potholing or auguring,grubbing,tree removals,boring,grading,
excavation, drilling, and trenching, within the project area. The Tribal Monitor/consultant will
complete daily monitoring logs that will provide descriptions of the day's activities, including
construction activities, locations, soil, and any cultural materials identified.The on-site monitoring
shall end when the Project Site grading and excavation activities are completed,or when the Tribal
Representatives and monitor/consultant have indicated that the Project Site has a low potential for
impacting Tribal Cultural Resources. -
Upon discovery of any archaeological resources,construction activities shall cease in the immediate
vicinity of the find until the find can be assessed.All archaeological resources unearthed by project
construction activities shall be evaluated by the qualified archaeologist and Tribal monitor/consultant
approved by the Gabrielefio Band of Mission Indians-Kizh Nation. If the resources are Native
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MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Timing Mitigation Measure Responsible for Monitoring Completion
American in origin,the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the
Project Applicant regarding treatment and curation of these resources. Typically, the Tribe will
request reburial or preservation for educational purposes.Work may continue on other parts of the
Project Site while evaluation and, if necessary, mitigation takes place(CEQA Guidelines Section
15064.5[f]). If a resource is determined by the qualified archaeologist to constitute a "historical
resource" or"unique archaeological resource," time allotment and funding sufficient to allow for
implementation of avoidance measures,or appropriate mitigation,must be available.The treatment
plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f)
for historical resources and PRC Sections 21083.2(b) for unique archaeological resources.
Preservation in place(i.e.,avoidance)is the preferred manner of treatment.If preservation in place
is not feasible,treatment may include implementation of archaeological data recovery excavations
to remove the resource along with subsequent laboratory processing and analysis. Any historic
archaeological material that is not Native American in origin shall be curated at a public,non-profit
institution with a research interest in the materials, such as the Natural History Museum of Los
Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no
institution accepts the archaeological material,it shall be offered to a local school or historical society
in the area for educational purposes.
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2020-055 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 9th day of June, 2020 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring..and O'Neil
NOES: Council Member Moreno
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2020.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)