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07-31-18_ActionANAHEIM CITY COUNCIL ACTION AGENDA JULY 31, 2018  ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Housing and Public Improvements Authority begin at 5:00 P.M. Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted. Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chambers 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted.  REPORTS: All agenda items and reports are available for review in the City Clerk’s Office, the Central Library and www.anaheim.net. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours.  PUBLIC COMMENTS: Prior to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session to receive public comments regarding any agenda items or matters within the jurisdiction of any such governing bodies. This is the only opportunity for public input except for scheduled public hearing items. The Mayor or chairperson will separately call for testimony at the time of each public hearing. The City uses speaker cards that should be submitted to the City Clerk (Please note, speaker cards are not required; everyone will have an opportunity to address the Council). The time limit established for public comments is three minutes per speaker unless a different time limit is announced. Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.  ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency.  CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless members, staff or the public request the item be discussed and/or removed from the Consent Calendar for separate action.  SERVICIOS DE TRADUCCION: (TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH) La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada. Tom Tait Mayor Dr. Jose F. Moreno Mayor Pro Tem District 3 Kris Murray Council Member At Large James Vanderbilt Council Member At Large Denise Barnes Council Member District 1 Lucille Kring Council Member District 4 Stephen Faessel Council Member District 5 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 July 31, 2018 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA JULY 31, 2018 3:00 P.M. Call to order the Anaheim City Council. 3:10 P.M. ADDITIONS\DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Recess to closed session. 3:10 P.M. 3:00 P.M. - CLOSED SESSION 3:10 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case. 2. 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: Service Employees International Union 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: Assessor Parcel Number: 232-072-06: 2626 E. Katella Ave, Anaheim, CA 92806; Assessor Parcel Number: 253-601-02: 1621 S. Douglass Rd, Anaheim, CA 92806; Assessor Parcel Number: 253-521-16: 2695 E. Katella Ave, Anaheim, CA 92806 Agency Negotiator: Linda Andal, Interim City Manager Negotiating Parties: Anaheim Arena Management and City of Anaheim Under Negotiation: Price and Terms of Payment 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Jarret Young v. City of Anaheim, et al., Orange County Superior Court Case No. 30-2018-00966666-CU-OE-CXC 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: People’s Homeless Task Force, et al., v. City of Anaheim, USDC Court Case No. 8:18-cv-00642 DOC (KESx) Reconvene the Anaheim City Council. 5:19 P.M. 5:00 P.M. 5:19 P.M. Invocation: Father Bill Cao, St. Anthony Mary Claret Catholic Church Flag Salute: Council Member Denise Barnes Presentations: Recognizing Bottled Water Label Art Contest Winners 3 July 31, 2018 AD DITIONS/DELETIONS TO THE AGENDA: Acting City Clerk Theresa Bass announced the appellant for Public Hearing Item No. 30 requested the public hearing be continued to August 14, 2018. PUBLIC COMMENTS (all agenda items, except public hearings): 84 speakers COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Vanderbilt acknowledged recent community meetings regarding homelessness and requested a presentation at a future meeting from a representative from the homeless court/Orange County Public Defenders’ Office to talk about their programs to help individuals and see if there is a way to tie in the Better Way Anaheim program. Council Member Barnes thanked District 1 residents for uniting in their comments. She requested a resolution for Council consideration on August 14th recognizing the city’s relationship with the County of Orange on homeless issues and requesting resources to fund five additional clinicians and ten additional police officers to manage the clinicians and assist with the homeless and a plan for the exodus of the Baymont Motel. Additionally, she asked the City Manager to create a School Safety Working Group, including the City Manager’s office, Police and Community Services Departments, Lyon Security, and school districts, to establish safety protocols regarding criminal complaints around schools and adjacent parks, and requested a report/update at the second Council meeting in August. Council Member Kring requested the meeting be adjourned in honor of four firefighters, Brian Hughes, Braden Varney, Jeremy Stoke, and Don Smith, who recently lost their lives in the line of duty. Council Member Murray requested the meeting be adjourned in memory of Leo Zlaket and include a moment of silence for all lost. Mayor Pro Tem Moreno thanked the public for speaking and engaging with Council and offered an apology to Bill O’Connell for his previous comments. Mayor Tait thanked staff for the tours and sharing of best practices with the Mayor, Public Works Director, and Transportation Director from Guaynabo, Puerto Rico during their visit to Anaheim. CITY MANAGER’S UPDATE: Interim City Manager Linda Andal announced there were approximately 70 permit parking applications in the queue, with the Public Works Department working through the first phase of 18 applications. Following completion of the first phase, staff would continue with 15-20 applications per phase over the next 18 months. She reported staff was reaching out directly to applicants regarding where they are in the process and posting all information online at www.anaheim.net/permitparking. 5:00 P.M. - CITY COUNCIL 9:47 P.M. Items pulled for discussion: Council Member Barnes: Item No. 08 Mayor Pro Tem Moreno Item Nos. 13 and 18 Mayor Tait: Item No. 14 MOTION: __LK/SF____ Waive reading in full of all ordinances and resolutions and adopt the consent calendar. APPROVED VOTE: 7-0. (Item No. 06: Mayor Tait declared a potential conflict; APPROVED VOTE: 6-0-1 (AYES: Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel; ABSTAIN: Mayor Tait). Motion carried. 4 July 31, 2018 CONSENT CALENDAR: 1. Receive and file minutes of the Library Board meeting of June 11, 2018 and Public Utilities Board meeting of June 27, 2018. 2. Approve the Investment Portfolio Report for June 2018. 3. Accept the bids from Airbus Helicopter, Inc., and Heli-Mart, Inc., in the combined not to exceed amount of $478,000, for as needed Airbus helicopter parts, components and labor for the Police Air Support Division for a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9113; accept the bid from Vector Aerospace Services, Inc., in the amount of $306,637.74 plus applicable tax, for as needed Safran Turbomeca Engine parts, components and labor for the Police Air Support Division for a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9114. 4. Accept the lowest responsive bid from Weck Analytical Environmental Services, Inc., in an amount not to exceed $43,463.50 plus a 20% contingency, to provide as-needed water quality testing, analyzing, and reporting services for the Public Utilities Department for a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9161. 5. Accept the bid from Abbot Industrial Supplies Intl., Inc., in the amount of $100,950 plus applicable tax, for the as needed purchase of Dissolve Tech paper towels for the Anaheim Convention Center for a one year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9156. 6. Award the construction contract to the lowest responsible bidder, R.J. Noble Company, Inc. in the amount of $7,024,436.03, for the construction of Residential Street Improvement Project Group 9, authorize the Finance Director to execute the Escrow Agreement, and determine the project is categorically exempt under the California Environmental Quality Act. Item No. 06 Mayor Tait declared a potential conflict. APPROVED VOTE: 6-0-1 (AYES: Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel; ABSTAIN: Mayor Tait). Motion carried. 7. Waive Council Policy 4.1 and approve an agreement with Waymakers, in an amount not to exceed $300,000, for consulting services related to the Gang Reduction and Intervention Partnership Program through June 30, 2019 with two one-year optional extensions. 8. Waive Council Policy 4.1 and approve an agreement with Cornerstone Communications & Public Relations, Inc., in an amount not to exceed $425,000, to provide public relations and public information services to the Anaheim Police and Anaheim Fire & Rescue Departments for a term of two years with two one-year optional extensions. Item No. 08 Discussion. MOTION: LK/KM ROLL CALL VOTE: 5-2 (AYES: Mayor Tait and Council Members Murray, Vanderbilt, Kring, and Faessel; NOES: Mayor Pro Tem Moreno and Council Member Barnes). Motion carried. 9. Approve the proposed Five-Year Underground Conversion Plan for Fiscal Years 2018/19 to 2022/23. 5 July 31, 2018 10. Approve a Wireline Agreement with the Union Pacific Railroad Company, with a one-time license fee of $15,000 and cost reimbursement, for power and communication lines crossing underneath the railroad tracks within Underground District No. 50 - Euclid; and authorize the Public Utilities General Manager to execute the agreement and related documents, including a consent document, and take the necessary actions to implement the agreement. 11. Approve an agreement with Reporting Systems, Inc. in an amount not to exceed $92,700.90 for the first year and $67,512.60 for each term thereafter, for the purchase, implementation, and maintenance of a Fire Records Management System for a three year period with up to two one- year optional extensions, and authorize the Fire Chief, or designee, to execute the agreement and any related documents and take the necessary actions to implement and administer the agreement. 12. Determine that the construction and operation of a direct current fast charging electric vehicle charging plaza at Brookhurst Community Center (Project) is categorically exempt from the California Environmental Quality Act pursuant to Sections 15301(b), 15303(e), 15304(f) and 15311(b) of Title 14 of the California Code of Regulations; approve a License Agreement with EVgo Services LLC, to construct and operate the Project and for the City to receive a license fee, in the amount of $10,000 as an initial one-time payment and $4,200 as an annual license payment, for a term of ten years with one five-year optional extension; and authorize the Community Services Director to execute the License Agreement, and any other related documents, and take the necessary actions to implement and administer the License Agreement. 13. Determine that the projects to be performed under the Master Agreement shall be categorically exempt under the California Environmental Quality Act, Sections 15301, 15302, 15303, and/or 15304 of Title 14 of the California Code of Regulations; approve the Master Agreement for electric high voltage utility construction, maintenance, repair, and immediate response projects for a period of three years with contractors pre-qualified by the City of Anaheim (E.E. Electric, Inc.; Hampton Tedder Electric Co.; Henkels & McCoy; Herman Weissker Inc.; Hot Line Construction; International Line Builders, Inc.; Michels Power; Miron Electric Construction Corp; Outsource Utility Contractor Corp; PAR Electrical Contractors Inc.; Parkia, Inc.); approve a not -to-exceed award amount of $500,000 per work order package, plus change order authorization in an amount not to exceed 10% per change order and $100,000 in total per work order package; approve an incentive payment equal to 1% of the bid award amount for contractors that meet a 25% local hire and/or veteran hiring goal during the course of a project; authorize the Public Utilities General Manager, or designee, to execute the Master Agreement with the prequalified contractors and such other contractors pre-qualified by the City in the future during the term of the Master Agreement; authorize the Public Utilities General Manager, or designee, to take the necessary actions to implement and administer the Master Agreement; and authorize de minimis changes that do not substantially change the terms and conditions of the Master Agreement, as determined by the City Attorney. Item No. 13 Discussion. MOTION: JM/LK APPROVED VOTE: 7-0. 14. Determine the Wagner House Voluntary Accessibility Improvements Project (Project) is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act, Article 19, Categorical Exemptions Section 15302; award the construction contract to the lowest responsible bidder, Golden Gate Steel, Inc., in the amount of $1,257,191.86 for the Project; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Item No. 14 Discussion. MOTION: TT/LK APPROVED VOTE: 7-0. 6 July 31, 2018 15. Determine that the Blue Gum Street, Miraloma Avenue, and La Cresta Avenue Improvement Project (Project) is categorically exempt from the California Environmental Quality Act pursuant to Sections 15301, Class 1, and 15302, Class 2, of Title 14 of the California Code of Regulations; award the construction contract to the lowest responsible bidder, Sialic Contractors Corporation dba Shawnan, in the amount of $3,283,003, for the construction of the Project; and authorize the Finance Director to execute the Escrow Agreement. 16. Approve Workforce Innovation and Opportunity Act Training Program Vendor Agreements with Brem Industries, Inc., dba California Career Schools, Coast Community College District, and The Regents of the University of California, in an amount not to exceed $100,000 per agreement, for the provision of occupational skills training effective July 1, 2018 through June 30, 2020, and authorize the City Manager to execute and the Workforce Development Manager, or designee, to administer the agreements. 17. Approve the Workforce Innovation and Opportunity Act Agreement with Foster Assessment Center & Testing Services, Inc., in the amount of $50,000, for the provision of skills assessment services through June 30, 2019, and authorize the City Manager to execute and the Workforce Development Manager, or designee, to administer the agreement. 18. Approve the FY 2018-2019 Annual Action Plan funds, in the total amount of $ 8,705,719, for federal Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons With AIDS (HOPWA); and designate the Director of the Community & Economic Development Department as the Certifying Official authorized to execute all documents related to the administration, management, and implementation of the CDBG, HOME, ESG, and HOPWA programs. Item No. 18 Discussion. MOTION: JM/LK APPROVED VOTE: 7-0. 19. RESOLUTION NO. 2018-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA 2018-00371; street segment of southbound Anaheim Blvd. adjacent to 1601 South Anaheim Blvd.) (Public hearing scheduled for August 28, 2018). 20. RESOLUTION NO. 2018-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2018 and ordering the submission to the qualified electors of the City of Anaheim a referendum measure, and rescinding Resolution No. 2016-201 (Referendum measure adopting Ordinance 6376 approving a development agreement providing vested rights for construction of a hotel at 1700 S. Harbor Blvd.). RESOLUTION NO. 2018-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 6, 2018, with the statewide general election to be held on that date pursuant to Sections 10403 and 10418 of the Elections Code and rescinding Resolution No. 2016-202 (Referendum measure adopting Ordinance 6376 approving a development agreement providing vested rights for construction of a hotel at 1700 S. Harbor Blvd.). RESOLUTION NO. 2018-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA setting priorities for filing written arguments regarding a referendum measure to be submitted to the qualified electors of the City of Anaheim at the General Municipal 7 July 31, 2018 Election to be held in the city on Tuesday, November 6, 2018, and directing the City Attorney to prepare an impartial analysis of such measure (Referendum measure adopting Ordinance 6376 approving a development agreement providing vested rights for construction of a hotel at 1700 S. Harbor Blvd.). RESOLUTION NO. 2018-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments for a referendum measure to be submitted to the qualified electors of the City of Anaheim at the General Municipal Election to be held in said city on Tuesday, November 6, 2018 (Referendum measure adopting Ordinance 6376 approving a development agreement providing vested rights for construction of a hotel at 1700 S. Harbor Blvd.). 21. RESOLUTION NO. 2018-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2018 and ordering the submission to the qualified electors of the City of Anaheim a referendum measure, and rescinding Resolution No. 2016-203 (Referendum measure adopting Ordinance 6377 approving a development agreement providing vested rights for construction of a hotel at 1030 W. Katella Ave.). RESOLUTION NO. 2018-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 6, 2018, with the statewide general election to be held on that date pursuant to Sections 10403 and 10418 of the Elections Code and rescinding Resolution No. 2016-204 (Referendum measure adopting Ordinance 6377 approving a development agreement providing vested rights for construction of a hotel at 1030 W. Katella Ave.). RESOLUTION NO. 2018-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA setting priorities for filing written arguments regarding a referendum measure to be submitted to the qualified electors of the City of Anaheim at the General Municipal Election to be held in the city on Tuesday, November 6, 2018, and directing the City Attorney to prepare an impartial analysis of such measure (Referendum measure adopting Ordinance 6377 approving a development agreement providing vested rights for construction of a hotel at 1030 W. Katella Ave). RESOLUTION NO. 2018-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments for a referendum measure to be submitted to the qualified electors of the City of Anaheim at the General Municipal Election to be held in said city on Tuesday, November 6, 2018 (Referendum measure adopting Ordinance 6377 approving a development agreement providing vested rights for construction of a hotel at 1030 W. Katella Ave.). 22. ORDINANCE NO. 6442 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 6.43 to Title 6 (Public Health and Safety) of the Anaheim Municipal Code relating to Unmanned Aircraft Systems (Drones) and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060 (c)(3) of the State CEQA guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "Project", as defined in Section 15378 of the State CEQA guidelines [Regulate operations of unmanned aircraft systems (Drones)]. 8 July 31, 2018 23. Approve minutes of Council meetings of February 6, 2018 and February 27, 2018. END OF CONSENT CALENDAR 10:26 P.M. 24. Consider the research performed by city staff pertaining to potential sites within the City for the relocation of Access California Services, and if appropriate, direct staff to work with Access California Services to develop a lease agreement. Item No. 24 Discussion. MOTION: TT/DB to discontinue consideration of a lease of Brookhurst Park property to Access California and direct staff to continue investigation of other potential properties. ROLL CALL VOTE: 4-3 (AYES: Mayor Tait and Council Members Barnes, Kring, and Faessel; NOES: Mayor Pro Tem Moreno and Council Members Murray and Vanderbilt). Motion carried. At 11:31 P.M., Mayor Tait took the agenda out of order and considered Public Hearing Item No. 29. 25. Receive and file an update regarding criminal activity in parks and enforcement data for violations of the Anaheim Municipal Code. Item No. 25 MOTION: TT/LK to continue to August 14. ROLL CALL VOTE: 6-1 (AYES: Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel; NOES: Council Member Murray. Motion carried; item continued. 26. Consider a change to the ballot label/question approved on June 19 and July 17, 2018 for the minimum wage initiative measure increasing the minimum wage payable by hospitality industry employers located in the Anaheim or Disneyland Resort Specific Plan Zones that have tax rebate agreements with the city and requiring that service charges imposed by such employers be paid entirely to employees and, should Council change the ballot label/question, adopt resolutions placing the measure on the ballot with the revised ballot question and take other actions related thereto. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2018 and ordering the submission to the qualified electors of the City of Anaheim an initiative measure increasing the minimum wage payable by hospitality industry employers located in the Anaheim or Disneyland Resort Specific Plan Zones that have tax rebate agreements with the city and requiring that service charges imposed by such employers be paid entirely to employees, and rescinding Resolution No. 2018-068. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 6, 2018, with the Statewide General Election to be held on that date pursuant to Sections 10403 and 10418 of the Elections Code and rescinding Resolution No. 2018-069 (initiative measure increasing the minimum wage payable by hospitality industry employers located in the Anaheim or Disneyland Resort Specific Plan Zones that have tax rebate agreements with the city and requiring that service charges imposed by such employers be paid entirely to employees). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA setting priorities for filing written arguments regarding an initiative measure to be submitted to the qualified electors of the City of Anaheim at the General Municipal 9 July 31, 2018 Election to be held in the city on Tuesday, November 6, 2018, directing the City Attorney to prepare an impartial analysis of such measure, and rescinding Resolution No. 2018-088 (initiative measure to increase minimum wage payable by hospitality industry employers located in the Anaheim or Disneyland Resort Specific Plan Zones that have tax rebate agreements with the city and requiring that service charges imposed by such employers be paid entirely to employees). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments for an initiative measure to be submitted to the qualified electors of the City of Anaheim at the General Municipal Election to be held in said city on Tuesday, November 6, 2018 and rescinding Resolution No. 2018-089 (initiative measure to increase minimum wage payable by hospitality industry employers located in the Anaheim or Disneyland Resort Specific Plan Zones that have tax rebate agreements with the city and requiring that service charges imposed by such employers be paid entirely to employees). Item No. 26 Discussion. MOTION: TT/JM to retain original ballot label/question as drafted by the City Attorney’s office. ROLL CALL VOTE: 4-3 (AYES: Mayor Tait and Council Members Moreno, Vanderbilt, and Barnes; NOES: Council Members Murray, Kring, and Faessel). Motion carried. 27. Consider a proposed initiative measure for placement on the November 2018 ballot that would add a chapter to the Anaheim Municipal Code imposing disclosure requirements for tax increases and creating a tax oversight committee, and by separate resolutions, order the submission of the measure to be placed on the ballot for the November 6, 2018 General Municipal Election, take other actions related thereto, and increase the Office of the City Clerk budget for fiscal year 2018/19 by $8,500. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2018 for the submission of a ballot measure proposing an amendment to the Anaheim Municipal Code pursuant to Sections 1300 – 1303 of the City Charter and California Elections Code 9222 (Measure __ - Anaheim Tax Fairness, Transparency and Accountability). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA requesting the Board of Supervisors of the County of Orange to consolidate a Municipal Election to be held on November 6, 2018, with the Statewide General Election to be held on that date pursuant to Section 10403 of the California Elections Code (Measure __ - Anaheim Tax Fairness, Transparency and Accountability). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA authorizing members of the City Council to author and file written arguments and setting priorities for filing written arguments regarding a measure proposing amendments to the Anaheim Municipal Code to be submitted to the qualified electors of the City at the Municipal Election to be held in the city on November 6, 2018, and directing the City Attorney to prepare an impartial analysis of such measure (Measure __ - Anaheim Tax Fairness, Transparency and Accountability). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments regarding a measure proposing amendments to the Anaheim Municipal Code to be submitted to the qualified electors of the City at a Municipal Election to be held in said city on November 6, 2018 (Measure - 10 July 31, 2018 Anaheim Tax Fairness, Transparency and Accountability). Item No. 27 Discussion. MOTION: KM/LK to approve. No vote taken. MOTION: TT/DB to table. ROLL CALL VOTE: 4-3 (AYES: Mayor Tait and Council Members Moreno, Vanderbilt, and Barnes: NOES: Council Members Murray, Kring, and Faessel). Motion carried; item tabled. 28. Consider (re)appointments to the Youth Commission to serve a 10-month term, ending June 30, 2019. Item No. 28 MOTION: TT/LK to continue to August 14. APPROVED VOTE: 7-0. Item continued. Youth Commission (21 appointments): District 1 (re) appointments: (three (3) appointments) District 3 (re) appointments: (three (3) appointments) District 4 (re) appointments: (three (3) appointments) District 5 (re) appointments: (three (3) appointments) At large (re) appointments: (nine (9) appointments) 11 July 31, 2018 5:30 P.M. PUBLIC HEARINGS: 11:31 P.M. 29. MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT NO. 2017-00517 SPECIFIC PLAN AMENDMENT NO. 15 TO THE ANAHEIM RESORT SPECIFIC PLAN (SPN92- 2X) MINOR CONDITIONAL USE PERMIT NO. 2017-05949 VARIANCE NO. 2017-05097 FINAL SITE PLAN NO. 2017-00003 ADMINISTRATIVE ADJUSTMENT NO. 2017-00413 (DEV2016-00114) LOCATION: 1441 South Manchester Avenue OWNER/APPLICANT: Praful Patel, NARA Investments, LLC, 1441 S. Manchester Ave., Anaheim, CA 92802 REQUEST: The applicant requests the following: a General Plan Amendment and Specific Plan Amendment to create a new density category for the Anaheim Resort Specific Plan (SP92- 2); Minor Conditional Use Permit to allow valet parking; Variance to allow a narrower landscaped street setback than required by the code and to allow two wall signs that are visible from the same vantage point; Final Site Plan to confirm the Project complies with the ARSP; and Administrative Adjustment for a reduction in the number of parking spaces required by the code. The proposed project includes a six-story, 223-room dual-branded hotel with two levels of subterranean parking. The hotels would include a meeting room and retail shop on the ground floor and guest amenities on the ground level and second level, including a swimming pool, breakfast rooms, and fitness room. Environmental Determination: The City Council will consider whether a Mitigated Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of the following: Mitigated Negative Declaration (PC2018-034); General Plan Amendment No. 2017-00517 (PC2018-035); Specific Plan Amendment No. 15 to the Anaheim Resort Specific Plan (SPN92-2X)(PC2018-036); Minor Conditional Use Permit No. 2017-05949, Variance No. 2017-05097, Final Site Plan No. 2017- 00003, and Administrative Adjustment No. 2017-00413 (PC2018-037) with modifications to the Minor Conditional Use Permit and Variance to add conditions of approval as recommended by the Planning and Public Works Departments’ staff. Approved Vote: 7-0 (Chairperson Dalati and Commissioners Armstrong, Carbajal, Gillespie, Keys, Lieberman and White voted yes.) Motion Carried. (Planning Commission meeting of June 25, 2018). Item No. 29 Mayor Tait opened the public hearing. Public comment by 1 speaker. Mayor Tait closed the public hearing. Discussion. RESOLUTION NO. 2018-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to adopt a Mitigated Negative Declaration for proposed General Plan Amendment No. 2017-00517, Specific Plan Amendment No. 15 to the Anaheim Resort Specific Plan (SPN92-2x), Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor Conditional Use Permit No. 2017- 05949, and Administrative Adjustment No. 2017-00413 (DEV2016-00114; 1441 South Manchester Avenue). 12 July 31, 2018 RESOLUTION NO. 2018-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim and making findings in connection therewith (General Plan Amendment No. 2017-00517) (DEV2016-00114; 1441 South Manchester Avenue). ORDINANCE NO. 6443 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending portions of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) zoning and development standards) of Title 18 of the Anaheim Municipal Code and the Anaheim Resort Specific Plan 92-2 (Amendment No. 15 to the Anaheim Resort Specific Plan). RESOLUTION NO. 2018-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor Conditional Use Permit No. 2017-05949, and Administrative Adjustment No. 2017-00413 and making certain findings in connection therewith (DEV2016-00114; 1441 South Manchester Avenue). MOTION: TT/SF APPROVED VOTE: 7-0. 30. Appellant requests continuance to August 14, 2018. CONDITIONAL USE PERMIT NO. 2010-05486H (DEV2009-00083H) LOCATION: 2232 South Harbor Boulevard APPLICANT: Musa Madain, 2232 S. Harbor Boulevard, Anaheim, CA 92804 PROPERTY OWNER: Daniel Untalan, P.A. Poon and Son, Inc., 18862 Beach Blvd., Suite 103, Huntington Beach, CA 92648 REQUEST: To amend the conditions of approval for an existing theater, restaurant, and banquet facility (M3Live Anaheim Event Center) to extend the permitted hours of operation. 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 staff recommendation to deny the request to amend the conditions of approval (Resolution No. PC2018-033). Vote: 6-1 (Commissioners Armstrong, Carbajal, Gillespie, Keys, Lieberman and White voted yes. Chairperson Dalati voted no). Motion Carried. (Planning Commission meeting of June 11, 2018) (Appealed by Musa Madain). Item No. 30 Item continued to August 14, 2018. and Use - Zoning Report on Closed Session Actions: None Council Communications/Agenda Requests: Council Member Faessel announced the ribbon-cutting ceremony for Fire Station No. 5, the first new fire station in Anaheim in over a decade; the opening of the Anaheim High School aquatic center on Monday, and the opening of the La Palma Water Complex, a complete rebuild of an over 60-year-old water storage and pumping facility. Council Member Vanderbilt asked staff to explore the possibility of securing additional parks that have limited access with chains at night. He also asked to bring back Item No. 27 for discussion at a future meeting with a light agenda. 13 July 31, 2018 Council Member Barnes reported her attendance at the Illumination Foundation carnival and thanked them for their good work. Mayor Pro Tem Moreno thanked the Tiger Woods Learning Center staff and city staff for a tour of the facility, with the intent of looking at it a model for the Northgate Gonzalez original market site as a community educational learning center. He thanked Anaheim Ballet for an amazing performance at Pearson Park and thanked the sponsors of the event. He congratulated Public Utilities on the opening of the La Palma Water Complex and asked to agendize through the City Manager’s office ways to augment funding for the neighborhood services fund for Public Works to advance traffic speed mitigation efforts in neighborhoods. Council Member Kring thanked Public Utilities for supporting the MEU banner ceremony this afternoon and adding 18 new banners to the city. She announced National Night Out on August 7th, 5:00-8:00 P.M. at Eucalyptus Park and thanked Linda Andal, Theresa Bass, and Jennifer Hall for serving the city in their interim/acting roles for the past year. Council Member Murray expressed her disappointment in the conduct and results of the meeting regarding the initiative and proposed tax-payer protection, stating meeting should start earlier in order to conduct the people’s business. As Item No. 27 would no longer be valid for the November 2018 ballot, she asked Council Member Vanderbilt to re-phrase the item or consider a different approach when it returned to Council. She announced the State’s health department approved the Orange County Mobile Needle Exchange Program, despite Council’s opposition, and asked staff to look into legal aspects, as a charter city, to respond to the state’s actions. Mayor Tait stated his belief that different perspectives, debates, and disagreements were healthy for the city and commended Green Bird Anaheim on their 4th anniversary. Adjournment: 1:25 A.M. on August 1, 2018, in memory of four firefighters who died in the line of duty, Brian Hughes, Braden Varney, Jeremy Stoke, and Don Smith; OCWD member Phil Anthony, and Leo Zlaket. Next regular City Council meeting is scheduled for August 14, 2018. All agenda items and back-up materials are available for review at the Anaheim City Clerk’s Office, www.anaheim.net and the Central Library. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodat ion, aid or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5166, no later than 10:00 AM on the day preceding the scheduled meeting. TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability 14 July 31, 2018 alleged to arise from such services. For translation services in other languages, contact the City Clerk’s office no later than 48 hours prior to the scheduled meeting. POSTING STATEMENT: On July 27, 2018, a true and correct copy of this agenda was posted on the kiosk outside City Hall, 200 S. Anaheim Blvd. Internet Access to City Council/Successor Agency to the Redevelopment Agency/Housing Authority agendas and related material is available prior to City Council Meetings at www.anaheim.net.