06-04-19_Action
ANAHEIM CITY COUNCIL
ACTION AGENDA
JUNE 4, 2019
SPECIAL AND REGULAR MEETING OF JUNE 4, 2019
CITY COUNCIL
HOUSING AUTHORITY
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953, Subdivision (b), the special and regular meeting
will include teleconference participation by Council Member Jose F. Moreno from: University
of Vermont, 590 Main Street, Burlington, VT 05405 with the room location posted in the main
lobby of the building.
This Notice and Agenda will be posted at the teleconference location. Public comment on the
agenda from this address shall be allowed pursuant to Government Code Section 54954.3.
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: There are two Public Comment periods with speakers having one opportunity to address
the City Council, except for scheduled public hearing items. The time limit established for public comments is
three minutes per speaker unless a different time limit is announced. The City uses speaker cards that must be
submitted to the City Clerk in order to address the City Council. 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 for the first Public
Comment period where speakers will be permitted to speak on specific agenda item(s). This first Public
Comment period is limited to 90 minutes or until all agenda item speakers have been heard, whichever is later.
Any remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is
exhausted. The second Public Comment period will be opened by the Mayor if any non-agenda item speakers
were not called during the first Public Comment period. For public hearings, the Mayor or Chairperson will
separately call for testimony at the time of each public hearing. 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 a member(s)
requests an item(s) be discussed and/or removed from the Consent Calendar for separate action.
SERVICIOS DE TRADUCCION: (TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA FOR
DESCRIPTION IN ENGLISH) La ciudad provee servicios de interpretación al español en las juntas del Consejo.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva
(español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su
petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer
su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede
garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier
responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con
la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada.
Harry S. Sidhu, P.E.
Mayor
Lucille Kring
Mayor Pro Tem
District 4
Denise Barnes
Council Member
District 1
Jordan Brandman
Council Member
District 2
Dr. Jose F. Moreno
Council Member
District 3
Stephen Faessel
Council Member
District 5
Trevor O’Neil
Council Member
District 6
200 S. Anaheim Blvd.
Anaheim, CA 92805
Tel: (714) 765-5166
Fax (714) 765-4105
www.anaheim.net
2 June 4, 2019
ANAHEIM CITY COUNCIL
ANAHEIM, CALIFORNIA
JUNE 4, 2019
2:00 P.M.
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953, Subdivision (b), this special and regular meeting will
include teleconference participation by Council Member Jose F. Moreno from: University of Vermont,
590 Main Street, Burlington, VT 05405 with the room location posted in the main lobby of the building.
This Notice and Agenda will be posted at the teleconference location. Public comment on the agenda
from this address shall be allowed pursuant to Government Code Section 54954.3.
Call to order the special meeting of the Anaheim City Council. 2:04 P.M.
MEMBERS PRESENT: Mayor Sidhu and Council Members Kring, Barnes, Brandman,
Faessel, and O’Neil.
MEMBERS ABSENT: Council Member Moreno
ADDITIONS/DELETIONS TO CLOSED SESSION:
City Attorney Robert Fabela reported Closed Session Item No. 1 related to threats of litigation arising out
of the city’s regulation of short-term rentals (STRs), further noting that he recused himself from this item
and would not participate in its discussion.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Recess to closed session. 2:06 P.M.
2:00 P.M. - CLOSED SESSION - SPECIAL MEETING 2:06 P.M.
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of the
California Government Code Section 54956.9: One potential case
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: City of Anaheim v. Accumax Holdings, Inc. (dba Ritter’s Steam Kettle
Cooking/The Oyster Bar), et al., Case No. 30-2019-01056579-CU-UD-CJC
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Teresa Perkins, et al. v. City of Anaheim, et al., USDC Case No. 8:19-cv-00315-
JLS-JDE
3 June 4, 2019
4. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Linda Andal, Human Resources Director and Angel Ho,
Employee Relations Manager
Name of Employee Organizations: Anaheim Firefighters Association, International
Brotherhood of Electrical Workers Management, Anaheim Municipal Employees Association -
General and Clerical, and Anaheim Police Association
Reconvene and adjourn the special meeting of the Anaheim City Council. 3:19 P.M.
Call to order the regular meeting of the Anaheim City Council. 3:19 P.M.
3:00 P.M. – WORKSHOP 3:19 P.M.
Proposed Fiscal Year 2019/20 Budget (Citywide Overview, Administrative Departments, Police,
Fire & Rescue, and Community Services).
PUBLIC COMMENTS ON WORKSHOP: 5 speakers
At 5:15 P.M., Mayor Sidhu recessed the City Council meeting and reconvened at 5:23 P.M.
5:00 P.M. 5:23 P.M.
STAFF PRESENT: City Manager Chris Zapata, Senior Assistant City Attorney Kristin Pelletier,
and City Clerk Theresa Bass
Invocation: Father Constantine Trumpower, Saint John the Baptist Greek Orthodox Church
Flag Salute: Council Member Stephen Faessel
Presentations: Recognizing winners of the Citywide Community Pride Poster Contest
Recognizing U.S. Service Academy Appointment Joshua Paul De Guzman
Recognizing American Coaster Enthusiasts
Acceptance of Other Recognitions (To be presented at a later date):
Recognizing June 9 - 15, 2019, as National Flag Week
Call to order the Anaheim Housing Authority (in joint session with the City Council). 5:39 P.M.
ADDITIONS/DELETIONS TO THE AGENDAS:
City Manager Chris Zapata read an email from Council Member Jose Moreno in which he addressed the
agenda and requested the continuance of Item Nos. 31, 32, and 33.
PUBLIC COMMENTS (all agenda items, except public hearings): 106 speakers
(limited to 90 minutes, or until all agenda item speakers have been heard; any time remaining shall be
provided to non-agenda item speakers)
City Attorney Robert Fabela joined the meeting following the conclusion of public comments.
4 June 4, 2019
CITY MANAGER’S UPDATE:
Interim Fire Chief Pat Russell provided information about the City’s wildland fire preparation, response,
and recovery efforts as well as planned enforcement regarding fireworks.
City Manager Chris Zapata reported City staff met with John Carpino and other Angels representatives
on May 20, 2019 wherein it was reported the Angels had hired three additional consultants to assist with
their focus on Anaheim and that the City expected to bring an appraisal for Council consideration in July.
Mr. Zapata further reported he hired sports consultant Dan Barrett to assist the City and a legal
consultant may be hired in the future.
Mayor Sidhu announced the City’s negotiation team would consist of himself representing the City
Council and City Manager Chris Zapata and City Attorney Robert Fabela on behalf of the city
administration.
At 9:25 P.M., Mayor Sidhu recessed the City Council and Housing Authority, reconvening at 9:30
P.M.
Recess the Anaheim City Council. 9:31 P.M.
5:00 P.M. - HOUSING AUTHORITY 9:31 P.M.
MOTION: _LK/SF___ to adopt the consent calendar. APPROVED VOTE: 6-0 (AYES: Mayor Sidhu
and Council Member Kring, Barnes, Brandman, Faessel, and O’Neil; ABSENT: Council Member
Moreno). Motion carried.
CONSENT CALENDAR:
1. Approve a Professional Services Agreement with Nan McKay & Associates, Inc., in an annual
amount of $70,000 for a total amount not to exceed $350,000, for recertification services to verify
continued eligibility for Housing Choice Voucher Program participants for a three year term
ending June 30, 2022 with the option to extend the same terms and conditions for two additional
years, and authorize the Housing Authority Executive Director to execute and administer the
agreement.
2. Approve a Professional Services Agreement with NMA Inspections LLC, in an annual amount of
$98,000 for a total amount not to exceed $490,000, for housing quality residential inspections as
required by the Section 8 Housing Choice Voucher Program for a three year term ending June
30, 2022 with the option to extend the same terms and conditions for two additional years, and
authorize the Housing Authority Executive Director to execute and administer the agreement.
3. Approve minutes of the Housing Authority meeting of April 2, 2019.
Adjourn the Anaheim Housing Authority. 9:32 P.M
Reconvene the Anaheim City Council. 9:32 P.M.
5 June 4, 2019
5:00 P.M. - CITY COUNCIL 9:32 P.M.
Items pulled for discussion:
Council Member Barnes Item No. 07
MOTION: __LK/JB___ Waive reading of all ordinances and resolutions and adopt the consent calendar.
APPROVED VOTE: 6-0 (AYES: Mayor Sidhu and Council Member Kring, Barnes, Brandman,
Faessel, and O’Neil; ABSENT: Council Member Moreno). Motion carried.
At 9:33 P.M., Mayor Sidhu considered the agenda out of order and addressed the Public Hearing
items prior to the remainder of the Consent Calendar and Off-Consent items.
CONSENT CALENDAR:
4. Receive and file minutes of the Library Board meeting of April 8, 2019 and the Public Utilities
Board meeting of April 24, 2019.
5. Approve recognitions for The Phoenix Club 50th Anniversary, Command Sergeant Major Brad
Semonell, U.S. Service Academy appointees, Anaheim Elementary School District's Make Music
Program, and Girls Inc.
6. Approve the Investment Portfolio Report for April 2019.
7. Receive an update on homeless efforts in Anaheim.
Item No. 07 Discussion. No action required.
8. Accept the bid of Steve Slawson Company dba Shaw Interior Services, in the amount of
$87,120.34 plus a 20% contingency, for carpet cleaning services at the Anaheim Convention
Center 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 #9278.
9. Accept the bids from All Star Fire Equipment, Inc. and L.N. Curtis & Sons, in a combined amount
not to exceed $45,298 plus applicable tax, for wildland uniforms and accessories for the Anaheim
Fire and Rescue Department 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 #9265.
10. Accept the lowest responsive bids from Master Landscape and Maintenance Inc., Greentech
Landscape, Inc., and Parkwood Landscape, in the amounts of $155,743.32, $268,500, and
$145,804.08 respectively plus a 20% contingency, to provide landscape maintenance services
covering the East, West, and West-Center areas of the City of Anaheim 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 #9289.
6 June 4, 2019
11. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent
to issue a purchase order to Corona Software, Inc. dba Corona Solutions, in the amount of
$24,900 plus applicable tax, for the purchase of a subscription to the “Deploy” law enforcement
staffing analysis software platform, which includes licensing, data upload to the web based
software, reports, support, and training.
12. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to
issue a master agreement to South Coast Emergency Vehicle Services, in an amount not to
exceed $65,000, for Pierce Manufacturing vehicle parts and warranty services for Anaheim Fire
and Rescue vehicles for a one year period and authorize the Purchasing Agent to renew the
agreement for up to four additional one-year periods.
13. Award the contract to the lowest responsible bidder, California Building Evaluation and
Construction, Inc., in the amount of $775,000, for the Manzanita Park Parking Lot and Skate
Facility Project and authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
14. Award the contract to the lowest responsible bidder, E.E. Electric, Inc., in the amount of
$6,613,162.50, for the Manchester Electric Line Extension & Electric Reliability Improvement
Project FY18/19 (project), determine said project is categorically exempt from the California
Environmental Quality Act pursuant to Sections 15301(b)(c), 15302(c)(d) and 15303(d) of Title 14
of the California Code of Regulations and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
15. Approve a Cooperative Agreement with the City of Garden Grove, in the amount of $405,809 with
a 15% contingency, for Anaheim’s share of joint paving costs of the street rehabilitation project on
Euclid Street following an undergrounding project within the Anaheim city boundaries and
authorize the Public Utilities General Manager, or designee, to execute the agreement and any
related documents and to take the necessary actions to implement and administer the
agreement.
16. Approve an agreement with GHD, Inc., in a total amount not to exceed $175,000, for the design
of the Underhill Avenue, N. Shakespeare Street, and the SR-57 Freeway Crossing Sanitary
Sewer Improvement Project.
17. Approve speed lumps on Rome Avenue between Beach Boulevard and Dale Avenue as a traffic
calming measure.
18. Approve speed lumps on Halliday Street between Orange Avenue and Rome Avenue as a traffic
calming measure.
19. Approve the Final Map and Subdivision Agreement with Pacific Coast Asset Management, LLC
for Tract No. 18069, located at 1525 South Euclid Street, to establish a one-condominium lot for
18 single family attached condominium units.
7 June 4, 2019
20. Approve the Final Map and Subdivision Agreement with TRI Point Homes, Inc. for Tract No.
18101, located at 901 East South Street, for a 546-unit residential subdivision consisting of 72
detached single-family units, 160 attached single-family units, and 314 apartment units with 25
numbered lots for condominium purposes.
21. Award Master Agreements to twelve qualified bidders, each in an amount not to exceed $500,000
per work order package with the number of open work order packages per contractor limited to
three at one time, for sewer, storm drain and pump station construction, maintenance, repair, and
immediate response service for a one year period with four one-year optional renewals; authorize
the Director of Public Works to execute, administer, and take the necessary actions to implement
the agreements; and authorize minimal changes that do not substantially change the term and
conditions of the agreements, as long as such changes are determined to be minimal by the City
Attorney’s Office (AMPCO Contracting, Inc., Downstream Services, Inc., Grbcon, Inc., Southwest
Pipeline & Trenchless, Inc., MNR Construction, Inc., Sancon Technologies, Inc., Mike Prlich and
Sons, Inc., Paulus Engineering, Inc., Ramona, Inc., Trautwein Construction, Inc., Vasilj, Inc., W.
A. Rasic Construction Company, Inc.).
22. Approve the Professional Services Agreements with eight consultant companies, each in an
award amount not to exceed $250,000 per work order package with a total not to exceed limit per
consultant per contract year of $500,000 inclusive of extra work, for as-needed grant writing and
public outreach services to support the Design Services Section of the Department of Public
Works for a three year term with up to two one-year extensions; authorize the Public Works
Director to execute, administer and take the necessary actions to implement the agreement; and
authorize minimal changes to the agreement that do not substantially change the terms and
conditions of the agreements, so long as such changes are determined to be minimal by the City
Attorney's Office (Alta Planning + Design, Inc., Blais & Associates, Inc., Consensus Inc., DeGrave
Communications, Inc., Evan Brooks Associates, Inc., Kleinfelder Construction Services, Inc., TRC
Solutions, Inc., and Townsend Public Affairs, Inc.).
23. Approve agreements with forty-one consultant companies, each in an award amount not to
exceed $400,000 per work order package with a total not to exceed limit per contract, per
contract year of $1 million in total awards, inclusive of extra work, for as-needed professional
engineering and design services to support the Design Services Section of the Department of
Public Works for a three year term with up to two one-year extensions; authorize the Public
Works Director to execute, administer and take the necessary actions to implement the
agreement; and authorize minimal changes to the agreement that do not substantially change the
terms and conditions of the agreements, so long as such changes are determined to be minimal
by the City Attorney's Office (ABSG Consulting Inc., Advanced Applied Engineering, Inc. dba
Infrastructure Engineers, AECOM Technical Services, Inc., Albert A. Webb Associates, Ardurra
Group, Inc. dba Anderson Penna Partners, BKF Engineers, Cannon Corporation dba PENCO,
Cho Design Associates, Inc., Cornerstone Studios, Inc., CWE, David Evans and Associates, Inc.,
David Volz Design Landscape Architects, Inc., Dewberry Engineers Inc., Dudek, GHD Inc.,Glen
A. Rick Engineering and Development Company dba Rick Engineering Company, Harris &
Associates, Inc., HR Green Pacific, Inc., Huitt-Zollars, Incorporated, JMDiaz, Inc. dba JMD,
Kimley-Horn and Associates, Inc., KOA Corporation, Koa Consulting, Inc., KPFF, Inc. dba KPFF
Consulting Engineers, LEE & RO, Inc., Mark Thomas & Company, Inc., Michael Baker
International, Inc., Moffatt & Nichol, NUVIS Inc., Onward Engineering, Pacific Advanced Civil
Engineering, Inc., PSOMAS, Q3 Consulting, RailPros, Inc., RAK Development, Inc. dba Kreuzer
Consulting Group, SA Associates, Stantec Consulting Services Inc., Sustura Inc. dba Haimann
Engineering, The Altum Group, Transtech Engineers, Inc., and Woodard & Curran, Inc.).
8 June 4, 2019
24. Approve an agreement with SeniorServ to utilize a portion of the Brookhurst Community Center,
on a shared basis, to provide a comprehensive meal program, recreational activities, and social
services to senior citizens for a term of five years with two additional one-year terms.
25. Approve the First Amendment to Agreement with New City America, Inc., increasing the not to
exceed amount from $45,000 to $100,000 and extending the term for an additional six months
from August 31, 2019 to February 29, 2020 for the formation of a Community Benefit District and
authorize the Director of Community & Economic Development Department, or designee, to
execute and administer the amendment.
26. Approve and authorize the City Manager to execute and administer the following agreements
related to city owned property located at 1370 S. Sanderson Avenue (Anaheim Equestrian
Center): a Termination and Release Agreement with Robert G. Jones, a Lease Agreement with
Powerline Properties, LLC , and a Declaration of Reciprocal License Agreement; and find that the
execution of the lease agreement is exempt from the California Environmental Quality Act
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the
environment.
27. RESOLUTION NO. 2019-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM concerning the status and update of the Circulation Element, Mitigation Fee
Program, and Pavement Management Plan for the Measure M (M2) Program.
Adopt a Seven Year Capital Improvement Program and authorize staff to submit it to the Orange
County Transportation Authority.
28. RESOLUTION NO. 2019-051 A RESOLUTION OF THE CITY COUNCIL OF THE 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 2018-19 Untested Sexual Assault Evidence
Grant Program, authorizing the City Manager, or his designee, to execute all required grant
documents, and amending the budget for Fiscal Year 2018-19 accordingly (grant award in the
amount of $63,680).
29. ORDINANCE NO. 6465 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending Chapters 18.08 (Commercial Zones), and 18.38 (Supplemental Use Regulations) of
Title 18 (Zoning) of the Anaheim Municipal Code to facilitate the conversion of existing motel and
other commercial and office structures to allow multiple-family, transitional and supportive
housing for low-income persons and finding and determining that this ordinance is exempt from
the requirements to prepare additional environmental documentation per California Environmental
Quality Act (CEQA) guidelines, Section 15301(Class 1; Existing Facilities) (Zoning Code
Amendment No. 2019-00160) (DEV2019-00031) (facilitate the conversion of existing motels and
other commercial and office structures within the "C-G" General Commercial Zone to housing)
(Introduced at Council meeting of May 14, 2019, Item No. 16).
30. Approve minutes of the Council meeting of October 23, 2018.
9 June 4, 2019
5:30 P.M. PUBLIC HEARINGS: 9:33 P.M.
34. CONDITIONAL USE PERMIT NO. 2015-05835
VARIANCE NO. 2017-05091
PUBLIC CONVENIENCE OR NECESSITY NO. 2019-0144
(DEV2015-00116)
OWNER: Isa Bahu, 823 South Bramble Lane, Anaheim, CA 92802
APPLICANT/AGENT: Empire Design Group, Inc., P.O. Box 944, Murrieta, CA 92564
LOCATION: This 0.43-acre property is located at 5706 East La Palma Avenue, at the southeast
corner of La Palma Avenue and Imperial Highway.
REQUEST: Approval of the following land use entitlements: (i) a Conditional Use Permit to
permit the sale of alcoholic beverages for off-premises consumption in conjunction with a new
convenience store and automobile service station; (ii) a Variance to permit reduced front and
interior structural and landscaping setbacks; (iii) an associated Determination of Public
Convenience or Necessity to permit the off-premises sales and consumption of alcoholic
beverages at a new convenience market; and (iv) a Shared Parking Agreement.
ENVIRONMENTAL DETERMINATION: The City Council will consider whether a Class 32 (Infill
Development Projects), categorical exemption is the appropriate environmental documentation
for this request under the California Environmental Quality Act.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Conditional Use Permit No. 2015-05835 (PC2019-017), Variance No. 2017-05091,
Public Convenience or Necessity No. 2019-0144 (PC2019-018), with a modified Condition of
Approval to state that “ongoing during project operation, refueling tanker trailers shall not block
any portion of the public right of way. If any such fuel tanker truck obstructions occur, then the
owner will be required to provide a delivery schedule to the Public Works Department, Traffic and
Transportation Division, to ensure that such deliveries do not have an adverse impact on traffic
flows, and/or Orange County Transportation Authority’s bus schedule, on La Palma Avenue. Said
schedule shall be subject to review and approval by the City Traffic Engineer.” VOTE: 6-1
(Chairperson Carbajal and Commissioners Armstrong, Dalati, Gillespie, Keys and Lieberman
voted yes; Commissioner White voted no) (Planning Commission meeting of April 1, 2019)
(Appealed by Cal City Corp. and Navaz Malik).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving Conditional Use Permit No. 2015-05835 and Variance No. 2017-05091
and making certain findings in connection therewith (DEV2015-00116) (5706 East La Palma
Avenue).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM determining Public Convenience or Necessity No. 2019-00144 to permit a Type 20
(Off Sale Beer and Wine) Alcoholic Beverage Control License and making certain findings in
connection therewith (DEV2015-00116) (5706 East La Palma Avenue).
Item No. 34 At 9:33 P.M., Mayor Sidhu opened the public hearing.
Public comments by 14 speakers.
Mayor Sidhu closed the public hearing at 11:01 P.M. Discussion.
MOTION: LK/TO to deny. APPROVED VOTE: 5-0-1 (AYES: Mayor Sidhu and Council
Members Kring, Brandman, Faessel, and O’Neil; ABSTAIN: Council Member Barnes;
ABSENT: Council Member Moreno). Motion carried; Planning Commission decision
overturned.
10 June 4, 2019
36. This is a public hearing to consider a resolution to confirm the Diagram and Assessment and
provide for the Levy of the Annual Assessment in and for the Anaheim Resort Maintenance
District for Fiscal Year 2019/20.
RESOLUTION NO. 2019-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM confirming the Diagram and Assessment and providing for the levy of the annual
assessment in and for the Anaheim Resort Maintenance District.
Item No. 36 At 11:20 P.M., Mayor Sidhu opened the public hearing.
Public comment by 1 speaker.
Mayor Sidhu closed the public hearing at 11:32 P.M. Discussion.
MOTION: LK/JB APPROVED VOTE: 6-0 (AYES: Mayor Sidhu and Council Members Kring,
Barnes, Brandman, Faessel, and O’Neil; ABSENT: Council Member Moreno). Motion
carried.
35. DEVELOPMENT AGREEMENT NO. 99-01E
(DEV2010-00166I)
OWNER/APPLICANT: David Siegel, Westgate Resorts Anaheim, LLC, 5601 Windhover Drive,
Orlando, FL 32819
AGENT: Grant Henninger, Mobius Planning, 1030 S. Country Glen Way, Anaheim, CA 92808
LOCATION: The Anaheim Gardenwalk Project Site is approximately 29.1 acres and located
between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The
Westgate Timeshare Project Site is approximately 3.9 acres of airspace above the Anaheim
GardenWalk parking structure.
REQUEST: To amend the Development Agreement between the City of Anaheim and Westgate
Resorts Anaheim, LLC for the Westgate Timeshare Project within the Anaheim GardenWalk
Project to extend the Commencement of Construction date from March 23, 2019 to October 1,
2021.
ENVIRONMENTAL DETERMINATION: The City Council will consider whether the previously
approved Mitigated Negative Declaration and subsequent addenda analyzed the environmental
impacts of the proposed amendment to the Development Agreement 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 Development Agreement No. 99-01E
(PC2019-022). VOTE: 6-1 (Chairperson Lieberman and Commissioners Armstrong, Keys,
Meeks, Mulleady and Vadodaria voted yes; Commissioner White voted no) (Planning
Commission meeting of April 15, 2019)
(Public hearing continued from Council meeting of May 14, 2019).
ORDINANCE NO. 6467 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
approving Amendment No. 5 to the Second Amended and Restated Development Agreement No.
99-01 by and between the City of Anaheim and Westgate Resorts Anaheim, LLC and making
certain findings related thereto; and authorizing the Mayor to execute and the City Clerk to attest
said agreement for and on behalf of the City.
Item No. 35 At 11:36 P.M., Mayor Sidhu opened the public hearing.
Public comments by 2 speakers.
Mayor Sidhu closed the public hearing at 11:49 P.M. Discussion.
11 June 4, 2019
MOTION: HS/TO to amend ordinance to require the developer to obtain building permits by
December 31, 2019. APPROVED VOTE: 6-0 (AYES: Mayor Sidhu and Council Members
Kring, Barnes, Brandman, Faessel, and O’Neil; ABSENT: Council Member Moreno).
Motion carried, ordinance introduced as amended.
END OF CONSENT CALENDAR 12:19 A.M.
31. ORDINANCE NO. 6466 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
Amending Chapter 4.05 (Short-Term Rentals) of Title 4 (Business Regulation) of the Anaheim
Municipal Code to modify the termination and amortization process and period for certain defined
pre-moratorium short-term rentals, and finding and determining that this ordinance is not subject
to the California Environmental Quality Act (CEQA) pursuant to Sections 15004, 15060(c)(2),
15060(c)(3), 15061(b)(3), 15301 and 15332 of the State CEQA Guidelines, because it will not
result in a direct or reasonably foreseeable indirect physical change in the environment, because
it involves operation, permitting, licensing, and/or leasing of existing private structures or facilities
involving negligible or no expansion of existing or former use, because there is no possibility that
it may have a significant effect on the environment, because it is not a project, as defined in
Section 15378 of the CEQA Guidelines, and because it is also the subject of categorical
exemptions from CEQA.
Item No. 31 City Attorney Robert Fabela recused himself from this item. Senior
Assistant City Attorney Kristin Pelletier was present. Discussion.
MOTION: HS/LK
SUBSIDIARY MOTION: DB/JB to continue to June 18, 2019. VOTE: 2-3-1 (AYES: Council
Members Barnes and Brandman; NOES: Mayor Sidhu and Council Members Kring and
O’Neil; ABSTAIN: Council Member Faessel; ABSENT: Council Member Moreno). Motion
failed.
MOTION: HS/LK to approve as presented. APPROVED VOTE: 4-2 (AYES: Mayor Sidhu and
Council Members Kring, Faessel, and O’Neil; NOES: Council Members Barnes and
Brandman; ABSENT: Council Member Moreno). Motion carried; ordinance introduced.
32. Waive Council Policy 4.1 and approve an agreement with the Anaheim Chamber of Commerce,
in an amount not to exceed $425,000, to provide services to the City for a one year period
supplementing the City’s economic development and business promotion, attraction and retention
activities, and authorize the City Manager to execute and administer the agreement.
Item No. 32 Discussion. MOTION: HS/TO APPROVED VOTE: 5-1 (AYES: Mayor Sidhu
and Council Members Kring, Brandman, Faessel, and O’Neil; NOES: Council Member
Barnes; ABSENT: Council Member Moreno). Motion carried.
33. RESOLUTION NO. 2019-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM expressing support for the study of a transit connection between the Anaheim
Resort and the Platinum Triangle, including consideration of a variety of existing and emerging
transit technologies, and rescinding Resolution Nos. 2017-009 and 2018-043 relating to the
Orange County Transportation Authority Central Harbor Boulevard Transit Corridor Study and
opposition to a street car system in the City of Anaheim.
Item No. 33 Discussion. MOTION: HS/DB APPROVED VOTE: 6-0 (AYES: Mayor Sidhu
and Council Members Kring, Barnes, Brandman, Faessel, and O’Neil; ABSENT: Council
Member Moreno). Motion carried.
12 June 4, 2019
Land Use - Zoning
Report on Closed Session Actions: No report
PUBLIC COMMENTS (non-agenda items): 1 speaker
Council Communications/Agenda Requests:
Council Member Brandman requested the meeting be adjourned in memory of the 12 Virginia Beach
municipal employees who were victims of a shooting and in memory of Nativo Lopez.
Council Member Faessel requested a future agenda item covering a visioning plan for State College
Boulevard, concurred by Council Members Brandman and Barnes. He also requested a study of how
transient occupancy taxes (TOT) from short-term rentals (STRs) could be allocated for specific uses,
concurred by Mayor Sidhu and Council Member Brandman. He reported his attendance at the Anaheim
Fire & Rescue Department graduation and promotion ceremony, along with Council Member O’Neil. He
also noted his attendance at the Angels Luncheon with representatives and players from the West, East,
and North Anaheim Little Leagues, the 18th Annual Art History Awards at Anaheim Elementary School
District on May 29th, and the East Anaheim Little League closing ceremonies last Saturday.
Mayor Pro Tem Kring welcomed IPW, international travel trade show, to the Convention Center and City.
In accordance with AB-1234, she reported the City paid for her hotel and airfare while attending the
International Council of Shopping Centers in Las Vegas. She acknowledged Nativo Lopez and
requested proclamations recognizing the Anaheim Japan Fair, concurred by Council Members O’Neil
and Brandman, and the Palm Lane Charter School, concurred by Council Member O’Neil and Mayor
Sidhu.
Council Member O’Neil requested the Mayor include a specific senior needs assessment within the
Anaheim First community assessment. He also requested an agenda item to restate the City’s resolution
regarding the 241/91 interchange to include new details, concurred by Council Member Brandman and
Mayor Sidhu.
Council Member Barnes reported her attendance on June 1st at the Youth Job Fair conducted by the
Workforce Development Department and the grand opening on May 24th of Origins Home Health Care
on Knott Ave. She announced the upcoming District Nos. 1 and 2 community meeting on June 5th, 7:00
P.M., at Brookhurst Community Center, and the ARA meeting at the Phoenix Club regarding the impacts
of illegal fireworks and possible solutions.
Adjournment: 2:07 A.M. on June 5, 2019 in memory of the 12 shooting victims in Virginia
Beach and Nativo Lopez.
Next regular City Council meeting is scheduled for June 18, 2019.
All agenda items and back-up materials are available for review at the Anaheim City Clerk’s Office,
www.anaheim.net and the Central Library. Any writings or documents provided to a majority of the City
Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will
be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd.,
2nd Floor, Anaheim, CA 92805, during regular business hours.
13 June 4, 2019
If requested, the agenda and backup materials will be made available in appropriate alternative formats
to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
Any person who requires a disability-related modification or accommodation, including auxiliary aids or
services, in order to participate in the public meeting may request such modification, accommodation, aid
or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard,
Anaheim, California, or by telephone at (714) 765-5166, no later than 10:00 AM on the day preceding the
scheduled meeting.
TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings.
Simultaneous Spanish interpretation is provided through the use of headsets and consecutive
interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your
request at the podium. The use of city provided interpreters is not required and persons are welcome to
use their own interpreter. Because many dialects and regionalisms exist the City cannot guarantee that
interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability
alleged to arise from such services. For translation services in other languages, contact the City Clerk’s
office no later than 48 hours prior to the scheduled meeting.
POSTING STATEMENT: On May 30, 2019, a true and correct copy of this agenda was posted on the
kiosk outside City Hall, 200 S. Anaheim Blvd., Anaheim, CA 92805. 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.