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12/17/2019 ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF DECEMBER 17, 2019 The regular meeting of December 17, 2019 was called to order at 3:00 P.M. and adjourned for lack of a quorum. The regular adjourned meeting of December 17, 2019 was called to order at 4:01 P.M. in the chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on December 12, 2019. PRESENT: Mayor Harry Sidhu and Council Members Lucille 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 Theresa Bass ADDITIONS\DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Moses Johnson, Assistant City Attorney, addressed Closed Session Item No. 1 and stated he has met with the City Manager and the Human Resources Director while they continue to negotiate. He urged Council to consider the request of the management and confidential employees for a decent wage increase. He stated that the employees have worked very hard to keep the city going and requested the City Council recognize their efforts with a fair wage increase. William Fitzgerald, Homeowners Maintaining Our Environment, expressed comments toward Human Resources Director Linda Andal regarding her appointment as Human Resources Director and the random selection she administered at the November 2018 election. City Manager Chris Zapata clarified that Linda Andal was appointed as Human Resources Director by the City Manager. Mayor Pro Tern Kring responded to comments made by Mr. Fitzgerald and expressed her support for Linda Andal. Council Member Moreno addressed the comments of the random selection, stating that it was handled pursuant to the rules and procedures. CLOSED SESSION: At 4:08 P.M., Mayor Sidhu recessed to closed session for consideration of the following: 1. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representatives: Linda Andal, Human Resources Director and Angel Ho, Employee Relations Manager Name of Employee Organization: American Federation of State, County and Municipal Employees (General Management, Professional/Technical, and Confidential Units) City Council Minutes of December 17, 2019 Page 2 of 21 At 5:00 P.M., Mayor Sidhu reconvened the Anaheim City Council. INVOCATION: Pastor Roger Sullivan, Anaheim Christian Center FLAG SALUTE: Council Member Jose F. Moreno PRESENTATIONS: Recognizing Ponderosa Elementary School: students Yeimi Rapalo, Kariana Loza, and Marlene Garcia; and Principal Dr. Yadira Moreno Mayor Sidhu presented proclamations to Ms. Rapalo and Ms. Loza for winning the Electrical Safety Essay Contest and to Ms. Garcia for leading the Flag Salute at the Harbor Substation Dedication Ribbon Cutting. April Ortiz, Vice Principal, Ponderosa Elementary School accepted the proclamation on behalf of Dr. Moreno. Acceptance of Other Recognitions (To be presented at a later date): Recognizing Irvine Ranch Outdoor Education Center for their work with the Boy Scouts of America Devon Dougherty, Boy Scouts of America, thanked City Council for its recognition. Recognizing the Black Chamber of Commerce of Orange County's 35th Anniversary Bobby McDonald, President, Orange County Black Chamber of Commerce, thanked City Council for its recognition. At 5:12 P.M., Mayor Sidhu called to order the Anaheim Housing Authority (in joint session with the City Council). ADDITIONS/DELETIONS TO THE AGENDAS: City Clerk Theresa Bass announced Public Hearing Item No. 37 was continued to January 14, 2020 at the request of staff and the applicant. PUBLIC COMMENTS: Prior to receipt of public comments, an outline of new rules for public comments and a brief decorum statement was provided by City Clerk Theresa Bass. Mark Richard Daniels expressed his concern regarding the housing problem in Anaheim. He encouraged City Council to elect Council Member Barnes or Council Member Moreno as the incoming Mayor Pro Tem. William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern regarding the Anaheim Stadium property negotiations and stated he believed a lease could be a better option. Kris Murray expressed her support for Item No. 39 and stated the benefits include essential components for future growth, job opportunities, additional funding for improvement of districts, and net city revenue for future generations. Peter Warner expressed concern regarding the property conditions at Bridges Homeless shelter and making sure a proper health code regulations are being adhered to concerning the food. City Council Minutes of December 17, 2019 Page 3 of 21 Paul Hyek expressed that transportation rules within AB143 have not been enforced at local homeless shelters. R. Joshua Collins, Homeless Advocates for Christ, encouraged City Council to support policies that allow churches to help the homeless. He expressed concern regarding the use of force by the Anaheim Police Department and encouraged City Council to investigate. Wally Courtney expressed concern regarding the Anaheim Stadium property negotiations and felt there was not enough transparency around the negotiations. He commended City Council on committing Angels to stay in Anaheim for many years and getting a sales agreement as opposed to a lease. Mike Robbins expressed his support for Item No. 02 and stated housing is an important issue. He read names in honor of those individuals who have passed away in the streets. Jeanine Robbins expressed her support for Item No. 02 and read names of those individuals who have passed away in the streets. Lou Noble expressed his support for Item No. 02 and stated homeless communities have been criminalized and their constitutional rights have been violated. David Klawe expressed his support for Item Nos. 02, 25, and 33 and encouraged City Council to pass the items. He encouraged City Council to nominate Council Member Faessel for Item No. 36 and asked City Council to add shelters to relocate those living in the streets and to expand the OCTA fund. Jennifer Martinez encouraged City Council to replace Christopher Columbus Day with Indigenous Peoples' Day when voting for Item No. 06. She believed this glorified colonization and this was the new perspective of history taking place today. Lastly, she expressed her support for Item No 29. Bobby Donelson expressed his support for Item Nos. 02 and 33 and also expressed his concern regarding the Anaheim Stadium property negotiations. Yesenia Rojas expressed her support for Item No. 29 and expressed how proud she is of immigrants and how she has been working hard for her hometown. Lupe Lopez encouraged City Council to add Indigenous Peoples' Day when voting for Item No. 06 and asked City Council to pass the item. She shared Anaheim celebrated its first authentic Native American Heritage month celebration at its full capacity. She also shared her support for the Cultural and Heritage Commission. David Garcia encouraged City Council to replace Christopher Columbus Day with Indigenous Peoples' Day when voting for Item No. 06. He shared a section of the indigenous declaration. Diana Chillin encouraged City Council to replace Christopher Columbus Day with Sovereign Natives of American when voting for Item No. 06. She solicited a name change and stated the proposal will continue until it was heard in all nations of America. Azatl Tecpatl Tepehyolotzin encouraged City Council to replace Christopher Columbus Day with Indigenous Peoples' Day when voting for Item No. 06. City Council Minutes of December 17, 2019 Page 4 of 21 Vance Dizney would like to see religious diversity within Anaheim and encouraged City Council to support Item No. 06. He would like to see this empower the American dream and freedom of religion. Lyman Emmer encouraged City Council to participate in local workforce agreements that allow Anaheim residents to be considered for work on local projects. He expressed concern that the Angels Stadium appraisal is too low and felt negotiators need to wait for a better deal. Lastly, he thanked City Council for their service to the community. Wes Jones noted the recent action of the Supreme Court on Monday which declined an appeal in a case originating from Boise, Idaho, that would have made it a crime to camp and sleep in public spaces. He expressed concern that the Angels Stadium appraisal is too low and felt negotiators need to wait for a better deal. Dr. Patricia Adelekan encouraged City Council to add Indigenous Peoples' Day when voting for Item No. 06 and encouraged City Council to pass the item. She also read a letter in support of Item No. 06 from Revered Gregory Douglas from Methodist Church of Southern California. Cecil Jordan Corkern expressed concern regarding Disney and recent allegations of molestation. David Duran expressed his concern regarding the alleged misappropriation of public funds by members of the City Council. He also spoke in regards to City Council acting in self-interest not on behalf of the residents. Ben Hurst, Director of Operations, Salvation Army of Orange County, expressed his support for Item Nos. 02 and 33 and encouraged City Council to pass the items. He believed this was essential to what The Salvation Army was trying to do here in Anaheim. Kenneth Batiste expressed his concern regarding providing subsidies to Disney and encouraged Anaheim to make decisions that benefit the residents of Anaheim. He also spoke regarding the present construction workers, homelessness, and corruption. CITY MANAGER'S UPDATE: City Manager Chris Zapata reported the City was recently notified by the State that the Homeless Housing Assistance Prevention Program funding applications were now open, which provides local jurisdictions funds to support local capacity to address immediate homelessness challenges. He explained this came from the Mayor's Big 11 efforts, in the first round Anaheim received approximately $3.69 million, and he anticipated applying immediately. Mr. Zapata reported he was contacted by the Fullerton City Manager with concerns about the homeless being moved around the region and he would be exploring what that means for Anaheim and its efforts. He further reported the ad hoc committee of Mayor Sidhu and Council Members Brandman and Faessel had been working with staff to prepare a process to receive proposals for a temporary shelter and he anticipated the proposal process would be brought before Council in February. Community Services Director Larry Pasco shared information and photos of the recent cleanup and restoration of the Pearson Park ponds. At 6:35 P.M., Mayor Sidhu recessed the Anaheim City Council to consider the Anaheim Housing Authority agenda and reconvened the Anaheim City Council at 6:36 P.M. City Council Minutes of December 17, 2019 Page 5 of 21 CONSENT CALENDAR: At 6:36 P.M., the consent calendar was considered with Council Member Moreno pulling Item Nos. 6, 17, 18, and 23 for separate discussion and consideration. MOTION: Mayor Pro Tern Kring moved to 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 Barnes. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES — 0. Motion carried. B105 4. Receive and file minutes of the Parks and Recreation Commission meeting of October 23, 2019 and the Sister City Commission meeting of October 28, 2019. D116 5. Approve recognitions for Cypress College's Anaheim Citizen of the Year Cathy Dutton and the Esperanza High School Boys Football and Girls Volleyball teams. D117 7. Approve the Investment Portfolio Report for November 2019. D117 8. Approve the 2020 Investment Policy for the City of Anaheim. AGR- 9. Determine, on the basis of the evidence submitted by FJS Inc., that the property owner has 10190.11 complied in good faith with the terms and conditions of Development Agreement No. 2016- 00002 for the 2018-2019 review period for the Westin Anaheim Resort Project located at 1030 West Katella Avenue in the Anaheim Resort. AGR- 10. Determine on the basis of the evidence submitted by STC GardenWalk LLC, GardenWalk 1463.2 Hotel I, LLC, and Westgate Resorts Anaheim, LLC that the property owners have complied in good faith with the terms and conditions of each of their respective portions of Development Agreement No. 99-01 for the 2018-2019 review period for the Anaheim GardenWalk Project located between Katella Ave. and Disney Way, west of Clementine Street in the Anaheim Resort. D180 11. Accept the bid from Retail Marketing Services, Inc. dba CarTrac, in the amount of$33,330, for the retrieval of shopping carts citywide for the Code Enforcement Division of the Planning and Building Department for a one year period with four optional one-year renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9370. D180 12. Accept the bids of NetXperts, Inc. and Glass Box Technology, in the respective amounts of $160,853.82 and $51,673.32, plus applicable tax, for the purchase of Cisco network equipment and maintenance for use at various city locations in accordance with Bid #9372. D180 13. Accept the bids from Badger Meter, Inc. and Landis+Gyr Technology Inc., in the respective amounts of$241,223 and $171,000, plus applicable tax and a 20% contingency, for water meters for a one year period with four optional one-year renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9338. City Council Minutes of December 17, 2019 Page 6 of 21 D180 14. Accept the bid from Landis+Gyr Technology Inc., in the amount of$4,889,800 plus applicable tax, to provide Landis+Gyr electrical meters on an as-needed basis for the Public Utilities Department for a one year period with four optional one-year renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9373. D180 15. Accept the bid of Stryker Sales Corporation, in the amount of$72,500 ($128,500 less a trade- in offer of$56,000) plus applicable tax, for the purchase of ten complete automated chest compression systems plus additional accessories for use by the Anaheim Fire & Rescue Department and authorize the Purchasing Agent to issue the purchase order in accordance with Bid #9375. D180 16. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to BrightView Golf Maintenance, in the amount of$233,601.19, for the purchase of golf course maintenance equipment for use at Anaheim Hills and Dad Miller golf courses. D129 19. Authorize the Fire Chief, or designee, to accept an equipment donation (high-pressure industrial air compressor fill station)from 5 Alarm Fire & Safety at an estimated value of $29,995 for the Fire & Rescue Department. AGR- 20. Approve Professional Services Agreements with Courtney L. Hong and Nicole Mattis, in the 11857 not to exceed amount of$100,000 per agreement, to provide emergency medical education, AGR- continuous quality improvement, and infection control oversight to Anaheim Fire & Rescue 11858 personnel for a one year term with two one-year optional extensions; and authorize the City Manager to execute the agreements, and authorize the Fire Chief to administer the agreements and any extensions. AGR- 21. Approve the First Amendment to Agreement with ZGlobal, Inc., increasing the contract 8564.1 amount from $243,576 to $318,576 per year, including a 2% annual escalation and 10% contingency for extra services, to provide additional power scheduling services; and authorize the Public Utilities General Manager, or designee, to execute the amendment and any related documents, and take necessary actions to administer the agreement as amended. AGR- 22 Approve the agreement with ARCA Recycling, Inc., in an annual amount of$100,000 and a 11859 10% contingency, for appliance recycling and income qualified appliance replacement services for a five year term with up to two one-year extensions; and authorize the Public Utilities General Manager, or designee, to execute the agreement and any related documents, and take necessary actions to administer the agreement. 24. Approve the Second Amendment to Contract No. 18-28-0041-RWS with the County of Orange (OC Community Resources/Community Investment Division) to receive an additional $20,875 AGR- and extend the term for an additional 15 months, beginning July 1, 2019 through September 10803.A.2 30, 2020, for Regional Workforce Services; and authorize the Director of Community and Economic Development Department, or designee, to execute and administer the amendment and any future modifications. City Council Minutes of December 17, 2019 Page 7 of 21 R100 25. RESOLUTION NO. 2019-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community and Economic Development or designee to submit an application to the Orange County Transportation Authority for funding under the Project V Community-Based Transit/Circulators Program for the neighborhood expansion of the microtransit system, and if awarded, authorizing the acceptance of such grant on behalf of the city and amending the budget accordingly and authorizing the Director of Community and Economic Development or designee to enter into a subrecipient agreement with the Anaheim Transportation Network to implement and operate the service (grant funds in the amount of$550,000 annually for seven years, for a total amount of$3,850,000). 26. RESOLUTION NO. 2019-149 A RESOLUTION OF THE CITY COUNCIL OF THE R100 CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2019-20 Mental Health Training Grant, and authorizing the City Manager, or his designee, to execute all required grant documents (grant funds in the amount of$6,210). D154.4 27. RESOLUTION NO. 2019-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2015-196 for the purpose of modifying those classifications designated as Fire Safety Management. D154 28. RESOLUTION NO. 2019-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-093 for the purpose of creating, deleting and/or modifying certain classifications designated as Administrative Management. RESOLUTION NO. 2019-152 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. 29. RESOLUTION NO. 2019-153 A RESOLUTION OF THE CITY COUNCIL OF THE AGR- CITY OF ANAHEIM approving the donation and title transfer of City vehicles, equipment, and 11862 light fixtures to the City of Penjamo, a municipality in Guanajuato, Mexico (Equipment#6616, a 2001 Saulsbury Stealth Fire Engine Pumper; Equipment#1111, a 2005 GMC C-6500 Packer Truck; Equipment#1035 and #1037, two 2003 International 4300 Bucket Trucks; and light fixtures). D175 30. RESOLUTION NO. 2019-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit an application to the Orange County Transportation Authority for funding under the Project V Community-Based Transit/Circulators Program for the Anaheim Canyon Metrolink Circulator Project and if awarded, authorizing the acceptance of such grant(s) on behalf of the city and amending the budget accordingly and authorizing the Director of Public Works to enter into a subrecipient agreement with the Anaheim Transportation Network to implement and operate the service (grant funds in the amount of$690,857 over a seven year period). P124 31. RESOLUTION NO. 2019-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 12314, 12335, 12336, and 12339; public right- of-way purposes). City Council Minutes of December 17, 2019 Page 8 of 21 P124 32. RESOLUTION NO. 2019-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain interests in real property (City Deed Nos. 12325, 12326, 12327, 12328, 12329, 12330, 12331, 12332, 12333 and 12334; for the provision of utility services). C280 33. ORDINANCE NO. 6475 (INTRODUCTION)AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code relating to emergency shelters and transitional and supportive housing, and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Sections 15269(c) and 15060(c)(2) (Zoning Code Amendment No. 2019- 00162; DEV2019-00061). 34. ORDINANCE NO. 6474 (ADOPTION)AN ORDINANCE OF THE CITY OF ANAHEIM C280 amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2018-00315) (DEV2018-00081) [Reclassify the property from the C-G (General Commercial) to the RM-3.5 (Multiple-Family Residential) zone; 292-unit, attached single-family residential project at the corner of Cerritos Avenue and Anaheim Boulevard directly east of Interstate 5 (1-5) Freeway] (100-394 West Cerritos Avenue; introduced at Council meeting of December 3, 2019, Public Hearing Item No. 19). Determine that the proposed Reclassification No. 2018-00315 to reclassify the property was adequately analyzed pursuant to the Mitigated Negative Declaration approved in conjunction with the project at the December 3, 2019 Council meeting (Public Hearing Item No. 19). D114 35. Approve minutes of the Council meeting of March 19, 2019. END OF CONSENT CALENDAR D116 6. Approve the list of recurring annual recognitions for calendar year 2020. MOTION: Council Member Moreno moved to add Indigenous Peoples' Day (second Monday in October)to the list of recurring annual recognitions, seconded by Council Member Barnes. AMENDED MOTION: Council Member Barnes moved to also add Make Kindness Contagious Month (February) to the list of recurring annual recognitions, seconded by Council Member Moreno. DISCUSSION: In response to Council Member O'Neil's inquiry, Council Member Moreno clarified his motion was to add Indigenous Peoples' Day to the calendar and not to replace Christopher Columbus Day as it is not officially recognized by the Anaheim. Mayor Pro Tern Kring expressed concern that replacing Christopher Columbus Day was an attempt to re-write history. Council Member Faessel advised that he would like to read any documentation that supports changing Christopher Columbus Day to Indigenous Peoples' Day. City Council Minutes of December 17, 2019 Page 9 of 21 Council Member Moreno requested that David Garcia, who traveled from Tucson, Arizona, address the City Council regarding recognizing Indigenous Peoples' Day. Mayor Pro Tem Kring noted that she would like more information to consider the item. David Garcia addressed the City Council. Mayor Sidhu advised him that he will be invited back on January 14, 2020, to speak to City Council. In response to Council Member Moreno's inquiry, Mr. Garcia advised he would be open to being contacted by City Councilmembers directly via email for further discussion. Council Member Barnes expressed that she would like to have the Anaheim Cultural and Heritage Commission weigh in on the item. SUBSIDIARY MOTION: Council Member O'Neil moved to postpone approval of the list of recurring annual recognitions for calendar year 2020 to January 14, 2020, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES —0. Motion carried. D180 17. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Vigilant Solutions LLC, in the amount of$146,956.38 including applicable tax, for the purchase of additional Automated License Plate Recognition (ALPR) cameras, accessories and software. Purchasing Agent Barry Bartlett provided a brief background of the item and noted the sole-source declaration was valid and necessary. Due to an emergency in the audience, Mayor Sidhu recessed the City Council at 6:59 P.M. and reconvened at 7:11 P.M. Police Chief Jorge Cisneros continued the presentation. He advised the item will consist of the purchase of ten Fixed / Mobile ALPR cameras which was approved under the FY 2017 Urban Area Security Initiative (UASI) grant for the expansion of the existing ALPR System. DISCUSSION: In response to Council Member Moreno's inquiry, Chief Cisneros advised the additional cameras will be added to the operational area in an effort to protect critical infrastructure, mitigate acts of terrorism, and combat crime. In response to Council Member Moreno's inquiry, Chief Cisneros advised that the Anaheim Police Department (APD)works regularly with the American Civil Liberties Union (ACLU) to ensure residents' civil liberties and privacy are considered. He also noted the ALPRs are installed onto light fixtures on public roads. He also noted the data that is collected through the ALPR is strictly for use by UASI agencies. He also noted the information is not directly sent to Immigration and Customs Enforcement(ICE). unless required to do so through a warrant. MOTION: Council Member Moreno moved to waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Vigilant Solutions LLC, in the amount of$146,956.38 including applicable tax, for the purchase of additional Automated License Plate Recognition cameras, accessories and software, seconded by Mayor Pro Tem Kring. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, City Council Minutes of December 17,2019 Page 10 of 21 Faessel, and O'Neil); NOES — 0. Motion carried. D106 18. Amend and appropriate the Police Department's Fiscal Year 2019/20 budget, in the amount of $535,000, for authorized projects under the Fiscal Year 2018 State Homeland Security Grant Program [FLIR Aerial Camera for the Police Department's Air Support Unit, Automated License Plate Recognition System, Gemini Analyzer(detector for County HazMat Unit)]. DISCUSSION: Council Member Moreno advised he did not need additional information on Item No. 18 as it was covered in the discussion for Item No. 17. MOTION: Council Member Moreno moved to amend and appropriate the Police Department's Fiscal Year 2019/20 budget, in the amount of$535,000, for authorized projects under the Fiscal Year 2018 State Homeland Security Grant Program [FLIR Aerial Camera for the Police Department's Air Support Unit, Automated License Plate Recognition System, Gemini Analyzer (detector for County HazMat Unit)], 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. AGR- 23. Approve the First Amendment to Agreement with Kosmont & Associates, Inc. dba Kosmont 11639.1 Companies, increasing the not to exceed limit from $49,900 to $125,000, for professional real estate and economic advisory consulting services to assist in negotiations with Angels Baseball, LP; and authorize the Executive Director of the Convention, Sports and Entertainment Department to execute the amendment. Executive Director, Convention, Sports & Entertainment Department, Tom Morton provided a brief history of Kosmont and Associates and noted the item is to increase the compensation limit from $49,900 to $125,000. DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Morton advised that Kosmont has completed a preliminary Economic Benefit Analysis but it will not be complete until the second phase because they will need to look at potential community benefits. Council Member Moreno expressed concerns that Kosmont &Associates used a report commissioned by Angels Baseball to determine the value of development of the site. In response to Council Member Moreno's inquiry, City Manager Chris Zapata advised there is a deliverable which is part of the Surplus Land Act requirement and is currently in the City Clerk's Office. He further noted the report was completed by the City Attorney's Office and Kosmont & Associates. City Attorney Robert Fabela clarified it is an Economic Opportunity Report and was completed in December. He also reported the report has been available since December 6th Council Member Moreno expressed concern with extending a contract with a contractor that did not produce deliverables. Mr. Zapata stated that Kosmont & Associates has participated in many meetings and has been billing appropriately and he felt the work is valuable. Council Member Moreno expressed concern regarding the lack of deliverables and will not be supporting the item. In response to Council Member Barnes's inquiry, Mr. Morton stated the consultant's rates will remain the same for the 2020 calendar year. He also noted it is a not-to-exceed amount so all of the funding may not be used. Lastly, he clarified Kosmont &Associates' offices are in Manhattan Beach. Mayor Sidhu expressed his support for the item. City Council Minutes of December 17, 2019 Page 11 of 21 In response to Council Member Moreno's inquiry, Mayor Sidhu noted that Kosmont & Associates participated in every meeting. Mr. Fabela advised that a California Government Code Section 52201 report was drafted by Kosmont & Associates and has been posted on the City's website. He also noted they have been instrumental in every aspect of the negotiations. Mr. Morton advised the scope of work was not complete and the deliverables will be ongoing. MOTION: Mayor Sidhu moved to approve the First Amendment to Agreement with Kosmont & Associates, Inc. dba Kosmont Companies, increasing the not to exceed limit from $49,900 to $125,000, for professional real estate and economic advisory consulting services to assist in negotiations with Angels Baseball, LP; and authorize the Executive Director of the Convention, Sports and Entertainment Department to execute the amendment, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES —6 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O'Neil); NOES — 1 (Council Member Moreno). Motion carried. D113 36. Nominate and appoint one Council Member to serve as Mayor Pro Tem for the 2020 calendar year, effective January 1, 2020. DISCUSSION: Council Member Moreno stated he would like to see Council Member Barnes appointed as Mayor Pro Tem, as a representative of West Anaheim. Council Member Moreno nominated Council Member Barnes to serve as Mayor Pro Tem for the 2020 calendar year. Mayor Pro Tem Kring nominated Council Member Faessel and noted he has worked on many commissions and boards and is very active in the community. In response to Council Member Moreno's inquiry, Mayor Pro Tern Kring expressed she has no issues or concerns with appointing a Council Member as Mayor Pro Tern who is up for re-election. Council Member Barnes expressed her thoughts regarding the Mayor Pro Tem position and knows that Council Member Faessel will do the work. Council Member O'Neil noted that Council Member Barnes is also up for re-election. Council Member Moreno clarified that he did not have concerns about Council Member Faessel. NOMINATION: Council Member Moreno nominated Council Member Barnes to serve as Mayor Pro Tem for the 2020 calendar year, effective January 1, 2020. ROLL CALL VOTE: AYES — 2 (Council Members Barnes and Moreno); NOES — 2 (Mayor Sidhu and Council Member O'Neil); ABSTAIN — 3 (Mayor Pro Tern Kring and Council Members Brandman and Faessel). Nomination failed. NOMINATION: Mayor Pro Tem Kring nominated Council Member Faessel to serve as Mayor Pro Tem for the 2020 calendar year, effective January 1, 2020. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O'Neil); NOES — 0; ABSTAIN — 1 (Council Member Moreno). Nomination approved; Council Member Faessel appointed. City Council Minutes of December 17, 2019 Page 12 of 21 PUBLIC HEARING: 37. Staff and applicant request the public hearing be continued to the Council meeting of January 14, 2020. C410 C280 ENVIRONMENTAL IMPACT REPORT NO. 2018-00351 0220 GENERAL PLAN AMENDMENT NO. 2017-00515 RECLASSIFICATION NO. 2017-00309 CONDITIONAL USE PERMIT NO. 2017-05931 MISCELLANEOUS CASE NO. 2017-00654 VESTING TENTATIVE TRACT MAP NO. 18104 SPECIMEN TREE REMOVAL PERMIT NO. 2018-00006 (DEV2017-00039) OWNER/APPLICANT: Robert H. Kim, 6509 Serrano L.P., 4040 MacArthur Boulevard, Suite 300, Newport Beach, CA 92660 PROJECT LOCATION: This 3.03-acre property is located at 6501 through 6513 Serrano Avenue, generally the northeast corner of Serrano Avenue and Nohl Ranch Road. REQUEST: Approval of the following land use entitlements: (i) amend the General Plan land use designation from Neighborhood Center Commercial to Low-Medium Density Residential; (ii) a Zoning Reclassification from the C-G (General Commercial)to the RM-3 (Multiple-Family Residential) zone; (iii) a conditional use permit to permit the construction of 58 attached, two and three story, single-family residential units with modified development standards; (iv) a Density Bonus and Tier II density bonus incentives to permit affordable units for moderate income occupants; (v) a vesting tentative tract map to establish a 1-lot, 58-unit condominium subdivision; and (vi) a specimen tree removal permit to remove Pepper trees in the Scenic Corridor (SC) Overlay Zone. ENVIRONMENTAL DETERMINATION: The City Council will consider whether to certify Environmental Impact Report No. 2018-00351 (SCH# 2018121031) and adoption of a Mitigation Monitoring and Reporting Program, and Findings of Fact. ACTION TAKEN BY THE PLANNING COMMISSION: Denial of the request for a continuance of the item as requested by the applicant at the public hearing. VOTE: 4-3 (Commissioners Meeks, Mulleady, Vadodaria, and White voted yes to deny a continuance. Chairperson Lieberman and Commissioners Armstrong and Keys voted no). Continuance denied. Denial of the proposed project (PC2019-045). VOTE: 7-0 (Chairperson Lieberman and Commissioners Armstrong, Keys, Meeks, Mulleady, Vadodaria, and White voted yes). Project denied. (Planning Commission meeting of October 28, 2019) (Appealed by 6509 Serrano, LP, represented by Bob Kim). Item No. 37: Continued to January 14, 2020 at the request of staff and the applicant. 38. This is a public hearing to consider the proposed vacation/abandonment of a portion of a public alley lying between and adjacent to 327 and 407 South State College Boulevard; and P110 approval of a Quitclaim Deed with Colony Asset Management, LP (Abandonment No. ABA 2019-00397). RESOLUTION NO. 2019-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating excess street right of way for a portion of a public alley lying between and City Council Minutes of December 17, 2019 Page 13 of 21 adjacent to 327 and 407 South State College Boulevard (Abandonment No. ABA 2019- 00397). Approve a Quitclaim Deed with Colony Asset Management, LP. Public Works Director Rudy Emami advised the item is to approve the applicant's request for abandonment of a portion of a public alley lying between and adjacent to 327 and 407 South State College Boulevard. He advised the abandonment has been requested by the applicant/owner, Colony Asset Management, LP, to clear title to the public alley in conjunction with the construction of a new express carwash. Mr. Emami advised staff has determined that the alley segment to be vacated is not required for present or prospective public vehicular or pedestrian use and is therefore considered to be excess right of way. He also advised that, if vacated, the City would reserve an easement for public utilities and drainage purposes, public service access, and emergency vehicular access. Mayor Sidhu opened the public hearing. William Fitzgerald, Home Owners Maintaining Our Environment, expressed that the item does not benefit the residents of Anaheim and is not transparent. He expressed concern the item is not being sold for fair market value. Mayor Sidhu closed the public hearing. DISCUSSION: In response to Council Member Faessel's inquiry, Mr. Emami advised that a 10-foot sound wall will be constructed and noted all construction must cease by 8:00 P.M. on the site. In response to Council Member Moreno's inquiry, Mr. Emami advised the item was approved by the Planning Commission. MOTION: Mayor Pro Tem Kring moved to approve the item as presented, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES— 6 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O'Neil); NOES —0; ABSTAIN — 1 (Council Member Moreno). Motion carried. AGR- 39. DEVELOPMENT AGREEMENT NO. 2016-00001A AND OPERATING COVENANT 10188.1.1 AGREEMENT NO. MIS2016-00632 (DEV2015-00120A) OWNER/APPLICANT: Paul Sanford, Good Hope International, 888 S. Disneyland Drive, AGR- Suite 100, Anaheim, CA 92802 10188.1 AGENT: Aric Yarberry, Wincome USA, 888 S. Disneyland Drive, Suite 100, Anaheim, CA 92802 PROJECT LOCATION: This 8.8-acre property is located at 1700 South Harbor Boulevard, at the southeast corner of Harbor Boulevard and Disney Way (The Anaheim Hotel). REQUEST: 1) Approve Amendment No. 1 to Development Agreement No. 2016-00001 between the City and Goodhope International, in order to extend the term of the agreement by five years; 2) determine, on the basis of the evidence submitted by Goodhope International, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2016-00001 for the 2018-2019 review period; and, 3) approve City Council Minutes of December 17,2019 Page 14 of 21 Amendment No. 1 to Operating Covenant Agreement No. MIS2016-00632 between the City and Goodhope International, in order to extend the term of the agreement by five years. ENVIRONMENTAL DETERMINATION: The City Council will consider whether the previously certified Final Environmental Impact Report No. 311 (FEIR 311), Supplemental Environmental Impact Report No. 340 (SEIR 340), and subsequent addendum analyzed the environmental impacts of the proposed request pursuant to the requirements of the California Environmental Quality Act (CEQA) and that no further environmental analysis shall be prepared pursuant to Section 15162 of the CEQA Guidelines. ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of Amendment No. 1 to Development Agreement No. 2016-00001 between the City and Goodhope International, in order to extend the term of the agreement by five years (PC2019-046). VOTE: 5-2 (Chairperson Lieberman and Commissioners Keys, Meeks, Mulleady, and Vadodaria voted yes; Commissioners Armstrong and White voted no) (Planning Commission meeting of November 13, 2019). ORDINANCE NO. 6476 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Amendment No. 1 to that certain Development Agreement No. 2016-00001 by and between the City of Anaheim and Good Hope International, a California Corporation, and authorizing the Mayor to execute said agreement for and on behalf of the City (DEV2015-00120) (1700 South Harbor Boulevard). Determine on the basis of the evidence submitted by Good Hope International, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2016-00001 for the 2018-2019 review period. Approve Amendment No. 1 to Operating Covenant Agreement No. MIS2016-00632 between the city and Good Hope International, in order to extend the term of the schedule of performance by five years. Determine that the previously approved Environmental Impact Report No. 311, Supplemental Environmental Impact Report No. 340, and subsequent addendum analyzed the environmental impacts of the proposed request pursuant to the requirements of the California Environmental Quality Act (CEQA) and that no further environmental analysis shall be prepared pursuant to Section 15162 of the CEQA Guidelines. Planning and Building Director Ted White advised the item is to amend the Development Agreement and Operating Covenant Agreement(OCA)with Good Hope International to construct an eight-story, 580-room hotel originally approved in 2016 and will also serve as the annual review for the item. Mr. White advised the property is located in the Anaheim Resort and is located on the southeast corner of Harbor Boulevard and Disney Way. The property owner, Good Hope International, is looking to extend the term of the agreement by five years to December 14, 2028. He advised that on November 13, 2019, the Planning Commission recommended approval of the proposed amendment to the development agreement with a 5-2 vote; Commissioners White and Armstrong voting no. Mr. White advised City Council approved the hotel in 2016 which will include up to 50,000 square feet of meeting space, up to 25,600 square feet of restaurant space, and an at-grade and subterranean parking structure. He also advised that City Council also approved an Operating Covenant Agreement under the city's Hotel Incentive Policy, which the Council established to encourage the City Council Minutes of December 17, 2019 Page 15 of 21 development of American Automobile Association rated four and five-diamond hotels. He noted the Hotel Incentive Policy has since been rescinded but projects with approved OCAs were not affected by the termination of the policy. Mr. White reported that in addition to the approvals for the subject project, the applicant simultaneously processed entitlements, including an OCA and Development Agreement, for the Westin Anaheim Resort which is currently under construction and expected to open in summer 2020. Mr. White reported that after City Council approval, the development agreements for both the subject project and Westin were the subject of separate referenda. He noted that both referenda qualified, as Measures J and K respectively, on the November 2018 general municipal election ballot. The majority of voters approved the measures, which supported the City Council's approval of the Development Agreement. Lastly, he advised that because of the Measure J referendum, the Development Agreement for the subject project went into effect on December 14, 2018, and the current five-year term of the Development Agreement expires on December 14, 2023. Mr. White reported that originally the subject project was to be built first followed by the Westin; however, the applicant moved forward with the Westin project first due to the project complexity and the fact the Westin had greater value to the City. He advised the five-year extension would allow the Westin to open, reach stabilization, and allow the applicant to evaluate the impact of the new economic model imposed by the passage of Measure L. He advised that staff is supportive of the item. Mr. White advised that staff reviewed the Development Agreement and the applicant's annual review letter and found the property owner to be in full compliance with its obligations with or without the proposed amendment to the Development Agreement. Director of Community and Economic Development John Woodhead provided a brief history of the Hotel Incentive Program and advised the payments were the equivalent of 70% of the Transient Occupancy Tax (TOT) generated by the hotel, for 20 years. He also noted the contractor must spend minimum shell costs of$225,000 per guestroom and a minimum of$30,000 on Furniture, Fixtures, and Equipment (FF&E). He noted the City Council approved an Operating Covenant Agreement on July 12, 2016, and the City terminated the Hotel Incentive Program on July 20, 2016. He advised the applicant is requesting an extension to the Development Agreement and an amendment to the OCA extending the time for performance for another five years. Mr. Woodhead reported the construction of luxury hotels will create 1,970 temporary construction jobs and 470 permanent jobs. He noted that estimated shell and FF&E costs for this project are $214,000,000 and the estimated project cost is $452,000,000. Additionally, the hotel will generate $281,000,000 in City tax revenue over the two-year construction and 20-year operating period. He advised the incentive payments over the 20-year operating period are estimated to be $182,000,000 with the City receiving $48,400,000 in net incremental revenue. He advised that net incremental revenue following the end of the incentive period would be $15,000,000 per year and $168,000,000 over the next 10 years. Mr. Woodhead advised this project would provide luxury accommodations that are currently not available in Anaheim Resort. He advised the staff recommends approval. DISCUSSION: In response to Council Member Moreno's inquiry, Mr. White clarified the City Council is voting on the amendment to the Development Agreement, the Annual Review of the Development City Council Minutes of December 17, 2019 Page 16 of 21 Agreement, as well as the amendment to the OCA. City Attorney Robert Fabela advised there is also a vote approving the California Environmental Quality Act (CEQA) requirements. In response to Council Member Moreno's inquiry, Mr. Woodhead advised the total cost of the incentive payments are estimated to equal to $182,000,000 over the 20 years. He also advised that if no incentive was extended, the total tax revenue would be $281,000,000. Mayor Sidhu disclosed that he and all members of the City Council met with the applicant. Mayor Sidhu opened the public hearing. Paul Sanford, CEO of Wincome Hospitality, provided a brief history of his organization that currently owned luxury properties in the area. He advised they are currently in the middle of construction of the Westin property which will open in August 2020. He advised they decided to build out the Westin resort and see how the market develops and solidifies. He thinks the addition of four-star hotels will make Anaheim more marketable. Mr. Sanford advised they have been working the Los Angeles/Orange County Building and Construction Trades Council (LA/OC BCTC) on a Project Labor Agreement which provides high construction wages, sophisticated construction methods, and local and veteran hire initiatives. He presented a short video titled "Creating Jobs for Anaheim." He advised Wincome Hospitality is very excited about bringing jobs and Measure L wages to Anaheim. He noted they are paying 20-30% more to experienced staff, in comparison to their four-diamond property in Costa Mesa. Mr. Sanford expressed Wincome Hospitality's excitement for partnering with the City on this project. He thanked the staff for their hard work and encouraged City Council to pass the item. William Fitzgerald, Home Owners Maintaining Our Environment, expressed his concern regarding the project, and stated he felt it does not benefit Anaheim residents or local trade workers and spoke against the five year extension. Robert Sage encouraged City Council to extend the agreement to give himself and fellow co-workers the opportunity to work closer to home with their families and save money. Jerry Amante, Executive Director, Anaheim/Orange County Hotel & Lodging Association encouraged Council to support highly skilled laborers which creates many community services and gives workers the opportunity to stay close to their families. Johnny Cangey, Business Agent, Iron Workers Local #433, expressed their support for the item and encouraged City Council to approve the agreement to provide opportunities and fair benefits. Gilberto Gonzalez expressed his support for Item No. 39 and stated he completed the apprenticeship program and working locally gives him the opportunity to spend time with his family. Carlos Lopez shard he is proud of being part of building Disneyland and giving back to the community. He also shared that this agreement will give him the opportunity to work closer to home. Fred Young stated that the agreement gives him the opportunity to stay local and provides good wages. Larry Slagle stated this agreement will offer new construction jobs, is good for the economy, and is a tremendous opportunity for Anaheim. City Council Minutes of December 17,2019 Page 17 of 21 Fred Brown, Desert Palms Hotel, expressed his support for Item No. 39 and spoke in favor of the addition of a four star diamond hotel in the Anaheim Resort because this is an asset to the City and generates TOT. Ross McCune, Chairman, Anaheim Chamber of Commerce, expressed his support for Item No. 39 because this is a good investment as it brings construction jobs and money that goes to back to the City. Sergio Gonzalez expressed his support and shared Anaheim is blessed to have supporting businesses that brings tourists to the City, and believed this agreement will generate revenue, TOT, and create more job opportunities. Amelia Castro expressed her support and spoke in favor of extending the development agreement to make Anaheim a better place to live, as adding a four diamond hotel will bring more TOT revenue, public works infrastructure, and resources to residents and visitors. John Hanna, Southwest Regional Council of Carpenters, expressed his support, stated he believed voters have spoken in favor, and asked Council to extend the agreements to provide local jobs, create careers, and provide a quality workforce. Dennis Marshall expressed his support for as he works locally, with full benefits, and gets to spend quality time with his kids. Todd Regan asked Council to support this high-end hotel that voters have approved. In response to Council Member Moreno's inquiry, Mr. Reagan advised the construction workers he works with are union members. Aldair Salgado, Laborers Local 652, expressed his support and encouraged City Council to approve the extension of the development agreement because it is good for the City and its residents. Richard Licierio thanked Council for their service and asked Council to approve an extension on the agreement to help his son become a journeyman and buy a house in Anaheim. Jeremiah Bright stated he gets to work locally and would like to ensure the continued growth of well- paying jobs and development in the City. Jay Burress, Visit Anaheim, spoke in regards to the benefits to the community, the benefits of workers staying local, and lastly he thanked Council for their service. David Klawe asked Council to approve the extension to bring a four diamond hotel, for good paying jobs, tips, and bringing guests who will spend money in the City. Gloria Ma'ae stated she believes this will be a great asset to the City that will bring many benefits. Tony Serna, Anaheim Chamber of Commerce, expressed his support and stated he values the dynamics this City offers, and believes these agreements generate TOT, and employ many workers and contributes to the economics of the Anaheim Resort. City Council Minutes of December 17, 2019 Page 18 of 21 Hart Keeble spoke on behalf of workers and their families and believed a job was an important asset to the development of people and helps the City grow, and he lastly thanked Council for supporting citizens. Ernesto Medrano expressed his support and stated he believed this was a good partnership for local hire and an opportunity for apprenticeship for men and women of Anaheim. Wes Jones expressed his support for Item No. 39 but would like to see the subsidy be removed. DISCUSSION: Mayor Pro Tem Kring thanked everyone who addressed City Council regarding the item. She expressed her support for the item. Council Member Barnes expressed her support for the item but opposed the subsidy. She would like to see the item bifurcated. Mr. Fabela advised the first two items are combined into one motion. He believed Council Member Barnes' motion is to bifurcate out the extension of the OCA but to keep the other portions of the motion intact. He advised the item was already separated. Council Member Barnes withdrew her motion. In response to Council Member Faessel's inquiry, Mr. Woodhead advised that by creating a 4-star hotel market, other hotels would be able to increase their Average Daily Rate (ADR) by $5 to $10 which would increase TOT. He also thought it would be early to determine if ADR has increased by adding 4-star hotels in the area. Mr. Sanford advised they feel they can get $295 to $305 per night. He felt confident it would elevate the surrounding hotels' ADR. Mr. Sanford provided closing remarks and advised that part of the motivation is that the City receives more TOT. Mayor Sidhu closed the public hearing. DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Sanford advised the focus groups stated they wanted to have 4-star hotels in Anaheim and they supported the subsidies. He also advised they have not had Project Labor Agreements and cannot commit to using them on every development. In response to Council Member Moreno's inquiry, Mr. Sanford advised there were two (2) terms the unions would not agree on, which then led to the referendum. He also advised the development agreements were staggered. In response to Council Member Moreno's inquiry, Mr. Sanford advised that the quality of the property at the Westin was superior to the other property. He would like to see the Westin stabilize before opening the second property. He also noted that the cost to build does increase if there are Project Labor Agreements in place. In response to Council Member Moreno's inquiry, Mr. Woodhead advised there was not a reason to not approve a Development Agreement. He advised a Development Agreement only freezes the fees imposed. Council Member Moreno advised he would support the first portion of the item. City Council Minutes of December 17, 2019 Page 19 of 21 MOTION: Council Member Moreno moved to introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Amendment No. 1 to that certain Development Agreement No. 2016-00001 by and between the City of Anaheim and Good Hope International, a California Corporation, and authorizing the Mayor to execute said agreement for and on behalf of the City (DEV2015-00120) (1700 South Harbor Boulevard); and determine on the basis of the evidence submitted by Good Hope International, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2016-00001 for the 2018-2019 review period, seconded by Council Member Barnes. DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Sanford advised that focus group participants were told the subsidy was 70% for 20 years. Council Member Moreno advised that he felt the Hotel Incentive Program is terminated and that an extension is not warranted. Mayor Pro Tern Kring stated that Anaheim needed 2,700 4-star hotel rooms and such rooms were identified which is why the subsidy was terminated. SUBSIDIARY MOTION: Council Member O'Neil moved to amend the motion to approve all actions as presented for Item No. 39, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES —4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil); NOES —2 (Council Members Brandman and Moreno); ABSTAIN — 1 (Council Member Barnes). Motion carried; motion amended. DISCUSSION: Mayor Sidhu expressed his support for the item. In response to Council Member Moreno's inquiry, Mr. McCune advised he has employed many union workers and advised that union labor would be used on this size of a project. Council Member Moreno noted that increasing the TOT from 12% to 15% in 1996 was to help the City increase its public safety needs in Anaheim. POINT OF ORDER: Council Member O'Neil moved for a point of order and asked that Mr. McCune be dismissed from answering questions. Mayor Sidhu acknowledged the point of order. DISCUSSION: Council Member Moreno felt the request for an extension was premature, noted his opposition to the item despite the inclusion of a Project Labor Agreement, and stated he could not support an $180,000,000 corporate tax give-away. Mayor Pro Tern Kring advised that City Council needs to honor its agreement with the developer and expressed her support for the item. AMENDED MOTION: Council Member Moreno moved to introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Amendment No. 1 to that certain Development Agreement No. 2016-00001 by and between the City of Anaheim and Good Hope International, a California Corporation, and authorizing the Mayor to execute said agreement for and on behalf of the City (DEV2015-00120) (1700 South Harbor Boulevard); determine on the basis of the evidence submitted by Good Hope International, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2016-00001 for the 2018-2019 review period; approve Amendment No. 1 to Operating Covenant Agreement No. MIS2016-00632 between the City and Good Hope International, in order to extend the term of the schedule of performance by five years; and determine that the previously approved Environmental Impact Report No. 311, Supplemental Environmental Impact Report No. 340, and subsequent addendum analyzed the environmental impacts of the proposed request pursuant to the requirements of the California City Council Minutes of December 17,2019 Page 20 of 21 Environmental Quality Act(CEQA) and that no further environmental analysis shall be prepared pursuant to Section 15162 of the CEQA Guidelines, seconded by Council Member Barnes. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O'Neil); NOES - 1 (Council Member Moreno). Motion carried; ordinance introduced. Council Member Brandman left the meeting at 10:27 P.M. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATION/AGENDA REQUESTS: Council Member Barnes addressed subsidies and past actions and decisions. She reported her attendance at an economic summit at the Anaheim Convention Center, an Anaheim Beautiful event at Dad Miller Golf Course, the United Way homelessness consortium with Illumination Foundation, the Western High School AIME Program graduation event, assisting at The Hive with Love Anaheim distributing food baskets, an Olive Community Services conference, and the Disneyland Candlelight Processional. She thanked all involved with addressing homelessness over the past year and wished everyone a Merry Christmas. Mayor Pro Tem Kring reported her attendance at an ACC-OC and MWDOC's inspection tour of the region's imported water basin sites, the Disneyland Candlelight Processional, the American Public Works Association luncheon where Anaheim was recognized for the La Mesa Shelter, and the Cops 4 Kids holiday gift wrapping event. She announced Santa Claus and elves would visit the Ponderosa Joint-Use Library on December 18 and a movie showing of The Grinch at Euclid Library on December 19. She wished all a Merry Christmas, Happy Hanukah, and Happy New Year. She also requested the meeting adjourn in memory of volunteer rescue worker Timothy Staples. Council Member Faessel thanked his colleagues for the Mayor Pro Tern appointment. He requested the meeting also adjourn in memory of former Electric Operator Bill Blake and Orange County historian Phil Brigandi. He thanked Library staff for coordinating a toy giveaway at the mobile library locations. He reported his attendance at the Salvation Army dinner where Anaheim received the Partner Award and presented the award to Mayor Sidhu. He also reported his attendance at the economic summit at the Convention Center, a community meeting at Sunkist Library regarding a proposed project at Ball Rd. and Sunkist St., the dedication of the Muzeo's new public entrance, the CERT holiday luncheon, and the Nutcracker Tree Lighting. He reported he and staff performed drop- in visits to the Kraemer and La Mesa homeless shelters and was impressed with their operations. He also recognized Acaciawood Preparatory School for their citizenship project regarding the Angels. He closed with a Christmas message. Council Member Moreno thanked those involved with a Holiday Toy Drive in the Vine/Rose/Bush neighborhood and thanked Public Utilities General Manager Dukku Lee and Lt. Ray Drabek for a flashlight walk with residents on Dickel Street. He reported his attendance at Anaheim High School's Coffee with a Principal and shared concerns from the parents regarding traffic on East Street, road conditions, and the Angels agreement. Council Member Moreno explained information regarding the Angel's proposal was only recently provided in Spanish. He expressed concerns with the Public Hearing scheduled for December 20, urged residents to join conversations before Friday, thanked City Manager Chris Zapata and Convention, Sports, and Entertainment Executive Director Tom Morton for attending a meeting and answering questions about Angel's negotiations announced an upcoming community forum regarding the Angels at City Church on December 19 and referenced a Voice of OC article by former mayors Tom Daly and Tom Tait. City Council Minutes of December 17, 2019 Page 21 of 21 Mayor Sidhu thanked staff for their work, thanked Mayor Pro Tern Kring for her year of service in that role, and congratulated Council Member Faessel for his appointment as Mayor Pro Tern for 2020. ADJOURNMENT: At 10:51 P.M., Mayor Sidhu adjourned the December 17, 2019 meeting in memory in memory of Timothy Staples, Bill Blake, and Phil Brigandi. Respectfully submitted, - - ----,„,„ a r. _ erre ; '- s, CMC City Clerk .--