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06-18-19_ActionANAHEIM CITY COUNCIL ACTION AGENDA JUNE 18, 2019 SPECIAL AND REGULAR MEETING OF JUNE 18, 2019 CITY COUNCIL PUBLIC FINANCING AUTHORITY HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY HOUSING AUTHORITY  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 18, 2019 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA JUNE 18, 2019 2:00 P.M. Call to order the special meeting of the Anaheim City Council. 2:01 P.M. MEMBERS PRESENT: Mayor Sidhu and Council Members Kring, Moreno, Faessel, and O’Neil. Council Member Brandman joined during Closed Session. MEMBERS ABSENT: Council Member Barnes ADDITIONS/DELETIONS TO CLOSED SESSION: City Attorney Robert Fabela announced Closed Session Item No. 1 involved anticipated litigation by the ACLU related to the City’s procedural rules and public comment at Council meetings and Closed Session Item No. 2 involved threatened litigation by The Phoenix Club German Association of Orange County related to the lease of property 1370 South Sanderson Avenue. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Recess to closed session. 2:02 P.M. 2:00 P.M. - CLOSED SESSION - SPECIAL MEETING 2:02 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: One potential case 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: One potential case 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: F.E.V. v. City of Anaheim, Orange County Superior Court Case No. 2015- 00770859 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 Police Management Association Reconvene and adjourn the special meeting of the Anaheim City Council. 3:15 P.M. Call to order the regular meeting of the Anaheim City Council. 3:15 P.M. MEMBERS PRESENT: Mayor Sidhu and Council Members Kring, Brandman, Moreno, Faessel, and O’Neil. MEMBERS ABSENT: Council Member Barnes 3 June 18, 2019 STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Theresa Bass. 3:00 P.M. – WORKSHOP 3:15 P.M. Proposed Fiscal Year 2019/20 Budget (Public Utilities, Public Works, Planning & Building, Community & Economic Development, and Convention, Sports & Entertainment) PUBLIC COMMENTS ON WORKSHOP: None Recess the Anaheim City Council. 4:19 P.M. Reconvene the Anaheim City Council. 5:02 P.M. 5:00 P.M. 5:02 P.M. MEMBERS PRESENT: Mayor Sidhu and Council Members Kring, Brandman, Moreno, Faessel, and O’Neil. Council Member Barnes joined the meeting at 8:56 P.M. STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Theresa Bass. Senior Assistant City Attorney Kristin Pelletier participated in the Public Comment portion of the meeting and the discussion of Item No. 29. Invocation: Pastor Edward Wiafe, Messiah Pentecostal Ministry Flag Salute: Council Member Jose F. Moreno Presentations: Recognizing Anaheim Public Utilities 2019 Bottled Water Label Art Contest Winners Recognizing U.S. Service Academy Appointments Kyle Villacorta and Jacqueline S. Yeo Recognizing the Anaheim Elementary School District's “Make Music Day Anaheim” Acceptance of Other Recognitions (To be presented at a later date): Recognizing June 20, 2019, as World Refugee Day Recognizing July 2019, as National Parks and Recreation Month Call to order the Anaheim Public Financing Authority, Anaheim Housing and Public Improvements Authority, and Anaheim Housing Authority (in joint session with the City Council). 5:25 P.M. ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items, except public hearing): 119 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 MANAGER’S UPDATE: In response to Council Member Moreno, City Manager Chris Zapata reported no meetings with the Angels were held over the last two weeks. 4 June 18, 2019 Recess the Anaheim City Council, Anaheim Housing and Public Improvements Authority, and Anaheim Housing Authority. 9:55 P.M. 5:00 P.M. - PUBLIC FINANCING AUTHORITY 9:55 P.M. CONSENT CALENDAR: MOTION: LK/JM. APPROVED VOTE: 7-0. 1. RESOLUTION NO. APFA-2019-003 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM PUBLIC FINANCING AUTHORITY amending Resolution No. APFA 2018-004 which establishes the days and times of regular meetings of the Public Financing Authority for the 2019 calendar year (rescheduling the October 8, 2019 meeting to October 22, 2019). 2. Approve minutes of Public Financing Authority meeting of January 29, 2019. Adjourn the Anaheim Public Financing Authority. 9:56 P.M. Reconvene the Anaheim Housing and Public Improvements Authority. 9:56 P.M. 5:00 P.M. - HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY 9:56 P.M. CONSENT CALENDAR: MOTION: LK/TO. APPROVED VOTE: 7-0. 3. RESOLUTION NO. AHPIA-2019-001 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY amending Resolution No. AHPIA 2018-001 which establishes the days and times of regular meetings of the Housing and Public Improvements Authority for the 2019 calendar year (rescheduling the October 8, 2019 meeting to October 22, 2019). 4. Approve minutes of the Housing and Public Improvements Authority meeting of November 20, 2018. Adjourn the Anaheim Housing and Public Improvements Authority. 9:57 P.M. Reconvene the Anaheim Housing Authority. 9:57 P.M. 5:00 P.M. - HOUSING AUTHORITY 9:57 P.M. CONSENT CALENDAR: Items pulled for discussion: Mayor Pro Tem Kring: Item No. 05 Council Member Moreno: Item No. 06 MOTION: LK/DB to approve balance of consent calendar. APPROVED VOTE: 7-0. 5 June 18, 2019 5. Approve the First Amendment to Purchase and Sale Agreement and Joint Escrow Instructions with John M. Wong, Shiangling L. Wong and Bridge Housing Corporation (Bridge) approving the Housing Authority’s assumption of Bridge’s interest in a Purchase and Sale Agreement dated March 28, 2019; approve the Second Amendment to Purchase and Sale Agreement and Joint Escrow Instructions with John M. Wong and Shiangling L. Wong, in the acquisition amount of $4,370,000, for the purchase of an approximate 0.95 acre property at 1020 S. Anaheim Boulevard; approve an Exclusive Negotiation Agreement with the joint venture of Bridge Housing Corporation and Griffin Holdings to negotiate the terms for the potential future development of the site for a six month term with three thirty-day extension options; and authorize the Executive Director of Housing Authority, or designee, to execute and administer the agreements. Item No. 05 Discussion. MOTION: LK/JM APPROVED VOTE: 7-0. 6. Approve two Purchase and Sale Agreements for Acquisition of Real Property and Escrow Instructions, in substantial form, with B&AINV 1, LLC and B&AINV 2, LLC, in the combined acquisition amount of $7,250,000, for the purchase of two properties located at 1213 and 1227 South Claudina Street and authorize the Executive Director of Anaheim Housing Authority, or designee, to execute and administer the agreements. Item No. 06 Discussion. MOTION: JM/LK APPROVED VOTE: 7-0. 7. RESOLUTION NO. AHA-2019-002 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY amending Resolution No. AHA 2018-002 which establishes the days and times of regular meetings of the Housing Authority for the 2019 calendar year (rescheduling the October 8, 2019 meeting to October 22, 2019). 8. Approve minutes of the Housing Authority meeting of June 4, 2019. Adjourn the Anaheim Housing Authority. 10:03 P.M. Reconvene the Anaheim City Council. 10:03 P.M. 5:00 P.M. - CITY COUNCIL 10:03 P.M. Items pulled for discussion: Council Member Brandman: Item No. 10 Mayor Sidhu: Item Nos. 28 & 29 Council Member Moreno: Item No. 30 MOTION: ___LK/DB___ Waive reading of all ordinances and resolutions and adopt the consent calendar. APPROVED VOTE: 7-0. CONSENT CALENDAR: 9. Receive and file the Budget, Investment and Technology Commission’s recommendation letter dated June 12, 2019 regarding the fiscal year 2019/20 proposed budget. 10. Approve proclamations recognizing 2019 International Widows Day, the Anaheim Japan Fair and event organizer Rocky Yoneyama, and Palm Lane Charter School. Item No. 10 Discussion. MOTION: JB/HS to bifurcate the item to consider Palm Lane 6 June 18, 2019 Charter School separately from the first two proclamations. APPROVED VOTE: 7-0 MOTION: JB/HS to approve proclamations recognizing 2019 International Widows Day and the Anaheim Japan Fair and event organizer Rocky Yoneyama. APPROVED VOTE: 7-0. MOTION: JB/HS to approve proclamation recognizing Palm Lane Charter School. APPROVED VOTE: 5-0-2 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Faessel, and O’Neil; ABSTENTIONS: Council Members Brandman and Moreno). Motion carried. 11. Approve the Investment Portfolio Report for May 2019. 12. Award the contract to the lowest responsible bidder, HYM Engineering, Inc., in the amount of $148,877.50, for the Nohl Ranch Road and Nohl Canyon Road Intersection Improvements Project, determine said project is categorically exempt under the California Environmental Quality Act pursuant to Sections 15301, Class 1, and 15302, Class 2, of Title 14 of the California Code of Regulations, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 13. Award the contract to the lowest responsible bidder, Alfaro Communication Construction, Inc., in the amount of $338,679.40, for the Anaheim Boulevard and Water Street Traffic Signal Installation Project, determine the project is categorically exempt under the California Environmental Quality Act under Sections 15301(c) and 15303(d) of the California Code of Regulations and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 14. Award the contract to the lowest responsible bidder, Asplundh Construction, LLC, in the amount of $434,254.50, for the Alberta, Ohio, Redondo, Pioneer and Turquoise Match Fund Street Light Project, determine said project is categorically exempt from the California Environmental Quality Act pursuant to Sections 15302(c), 15303(d), and 15303(e) of Title 14 of the California Code of Regulations and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 15. Award the contract to the lowest responsible bidder, Caliagua, Inc., in the amount of $9,600,897, for the construction of the Linda Vista Complex Pump Station Improvement Phase 2 Project (project), determine said project is categorically exempt from the California Environmental Quality Act pursuant to Sections 15301(b), 15302(c), 15303(d), and 15304(b) of Title 14 of the California Code of Regulations, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Approve the First Amendment to Agreement with AKM Consulting Engineers, Inc., increasing compensation from $986,478 to $1,595,158, to provide for inspection services during construction for the project and authorize the Public Utilities General Manager to execute the amendment, and any other related documents, and take the necessary actions to implement and administer the agreement as amended. 7 June 18, 2019 16. Approve Amendment No. 1 to Cooperative Agreement C-3-2084 with the Orange County Transportation Authority, in partnership with the cities of Placentia, Brea, Orange, and Santa Ana, extending the agreement until June 30, 2019, for coordination of Kraemer Boulevard/Glassell Street/Grand Avenue as part of Measure M2 Traffic Signal Synchronization Program. 17. Approve an Engineering Services Agreement with GHD, Inc., in an amount not to exceed $235,000, for the design of the La Palma Avenue (west of East Street) Sanitary Sewer Improvement Project. 18. Approve Professional Services Agreements with seven consultant companies, each in an award amount not to exceed $250,000 per work order package with a total not to exceed contract amount of $1,000,000 per contract year per consultant, for as-needed pavement reports and design and potholing investigation services to support the Design Services Section of the Department of Public Works for a three year term with two one-year optional renewals; authorize the Public Works Director to execute, administer and take the necessary actions to implement the agreements; 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 (Dynatest North America, Inc.; Geo- Advantec, Inc.; GMU Geotechnical dba GMU Pavement Engineering, Group Delta Consultants, Inc., Leighton Consulting, Inc.; Twining, Inc.; and Kana Subsurface Engineering). 19. Approve Professional Services Agreement with eight consultant companies, each in an award amount not to exceed $250,000 per work order package with a total not to exceed contract amount of $1,000,000 per contract year per consultant, for as-needed environmental services to support the Design Services Section of the Department of Public Works for a three year term with two one-year optional renewals; authorize the Public Works Director to execute, administer and take the necessary actions to implement the agreements; and authorize minimal changes to the agreements 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 (Albert A. Webb Associates; Chamber Group, Inc.; Dudek, ECORP Consulting, Inc.; Endemic Environmental Services, Inc.; LSA Associates; Michael Baker International, Inc.; and PSOMAS). 20. Approve a Workforce Innovation and Opportunity Act Agreement with Foster Assessment Center & Testing Services, Inc. dba FACTS, in the amount of $50,000, for the provision of skills assessment services through June 30, 2020, and authorize the Director of Community and Economic Development to execute and the Workforce Development Manager, or designee, to administer the agreement. 21. Approve Workforce Innovation and Opportunity Act (WIOA) agreements, in substantial form, for the provision of occupational skills training and on-site job training; and authorize the Director of Community and Economic Development to execute and the Workforce Development Manager, or designee, to administer agreements with the following training contractors and their respective contract amounts: 1) WIOA Agreements, each in an amount not to exceed $25,000 (Anaheim Transportation Network dba Anaheim Resort Transportation; Apollo Athletics, Inc.; British American Tool & Die, LLC dba Craftsman Cutting Dies; Daly Movers, Inc.; Exim Engineering, Inc. dba American Luminaire; Machining Timesavers, Inc. dba Haas Factory Outlet – Anaheim; One-Way Manufacturing, Inc.; and Stache, Inc. dba The M & M Group); 2) WIOA agreement, in an amount not to exceed $40,000 (Compressed Gas Systems, LLC); 3) 8 June 18, 2019 WIOA agreements, each in an amount not to exceed $50,000 (Career Networks Institute dba CNI College; IEC US Holdings, Inc. dba US Colleges; Inter-Coast International Training, Inc. dba InterCoast Colleges; and RWM Fiber Optics, Inc.); 4) WIOA agreements, each in an amount not to exceed $100,000 (America Truck Driving School; American Career College, Inc.; Brownson Technical School, Inc.; California Truck Driving Academy, LLC; Dialysis Training Institute, LLC; E. Cubics, LLC dba QBICS Career College; Emazing Lights, LLC; Instrument Personnel, Inc. dba College of Instrument Technology; KD Education, LLC dba Healthstaff Training Institute; QPE Technical Institute, Inc.; Reborn Cabinets dba Reborn Cabinets/Reborn Bath Solutions; Southern California Education Corporation dba Southern California Institute of Technology; and United Education Institute dba UEI College); and 5) WIOA Agreement, in an amount not to exceed $400,000 (Career Development Solutions, LLC dba New Horizons Career Development Solutions). Approve California Work Opportunities and Responsibility to Kids (CalWORKs) Agreements, in substantial form, for the provision of occupational skills training and on-site job training; and authorize the Director of Community and Economic Development to execute and the Workforce Development Manager, or designee, to administer the agreements with the following training contractors and their respective contract amounts: 1) CalWORKs agreements, each in an amount not to exceed $100,000 (American Career College, Inc.; California Truck Driving Academy, LLC; and QPE Technical Institute, Inc.); 2) CalWORKs agreements, each in an amount not to exceed $150,000 (Dialysis Training Institute, LLC; and United Education Institute dba UEI College); 3) CalWORKs agreement, in an amount not to exceed $300,000 (E. Cubics, LLC dba QBICS Career College). 22. Approve and authorize the City Manager to execute a subscription agreement with West Publishing Corporation, a Thomson Reuters business, in the monthly amount of $3623.38 with a 5% increase over the term, for continued access of legal publications, online legal research, and legal document applications for a three year period. 23. RESOLUTION NO. 2019-054 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. 12281, 12282, and 12283; sewer lateral maintenance access easements in conjunction with the Ball Road Sanitary Sewer Improvement Project). 24. RESOLUTION NO. 2019-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Master Salary Schedule covering all unrepresented, Anaheim Municipal Employees Association, General and Clerical Units, and Anaheim Police Association Employees effective July 1, 2012 through June 30, 2020. 25. RESOLUTION NO. 2019-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2018-139 which establishes the days and times of regular meetings of the City Council for the 2019 calendar year (rescheduling the October 8, 2019 meeting to October 22, 2019). 26. RESOLUTION NO. 2019-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (City Administration, City Attorney, City Clerk, Community & Economic Development, Community Services, Finance, Fire & Rescue, Human Resources, Planning & Building, Police, and Public Works). 9 June 18, 2019 27. RESOLUTION NO. 2019-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving amendments to the Conflict of Interest Code for the city and various city agencies. 28. RESOLUTION NO. 2019-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying Conditional Use Permit No. 2015-05835, Variance No. 2017-05091, and Public Convenience or Necessity No. 2019-00144 and making certain findings in connection therewith (DEV2015-00116; 5706 East La Palma Avenue) (June 4, 2019 Public Hearing, Item No. 34). Item No. 28 Discussion. MOTION: HS/LK to approve as presented. AMENDED MOTION: JM/DB to postpone indefinitely. VOTE: 2-5 (AYES: Council Members Barnes and Moreno; NOES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil). Motion failed. MOTION: HS/LK to approve as presented. APPROVED VOTE: 5-2 (AYES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil; NOES: Council Members Barnes and Moreno). Motion carried. 29. ORDINANCE NO. 6466 (ADOPTION) 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 (Introduced at Council Meeting of June 4, 2019, Item No. 31). Item No. 29 Discussion. MOTION: HS/TO APPROVED VOTE: 4-3 (AYES: Mayor Sidhu and Council Members Kring, Faessel, and O’Neil; NOES: Council Members Barnes, Brandman, and Moreno). Motion carried; ordinance adopted. 30. ORDINANCE NO. 6467 (ADOPTION) 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 (Introduced at Council Meeting of June 4, 2019, Public Hearing Item No. 35). Determine that the previously approved Disneyland Resort Specific Plan Environmental Impact Report No. 311, Pointe Anaheim Initial Study and Mitigated Negative Declaration (IS/MND), and associated Addenda, are the appropriate environmental documentation for this request. Item No. 30 Discussion. MOTION: LK/SF APPROVED VOTE: 6-0-1 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O’Neil; ABSTENTION: Council Member Moreno). Motion carried; ordinance adopted. 10 June 18, 2019 31. Approve minutes of the Council meeting of October 9, 2018. Prior to consideration of the pulled consent calendar items and the off-consent calendar items, Mayor Sidhu considered Public Hearing Item No. 35. During consideration of the pulled consent calendar items, Mayor Sidhu considered Item Nos. 28 & 29 prior to Item No. 10 END OF CONSENT CALENDAR 11:45 P.M. 32. Approve and authorize the Director of Community Services to execute and administer Amendment No. 4 to a Property Operating Agreement with the Muzeo Foundation extending the current financial arrangement for a period of five years expiring June 30, 2024 and providing an additional Capital Working Line of Credit, in an amount not to exceed $150,000 per fiscal year. Item No. 32 In accordance with Government Code §1091.5, City Clerk Theresa Bass reported Council Members Brandman and Faessel, as well as Community Services Director Larry Pasco, serve on the Muzeo Board of Directors and were allowed to participate in the discussion and vote on the item. Discussion. MOTION: LK/TO to approve as presented. AMENDED MOTION: JM/JB to approve with the removal of $1.25 million General Fund expenditure. VOTE: 1-6 (AYES: Council Member Moreno; NOES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O’Neil). Motion failed. AMENDED MOTION: JB/TO to amend agreement to require the annual report be filed with the City by June 30 of each year. APPROVED VOTE: 6-1 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O’Neil; NOES: Council Member Moreno). Motion carried. MOTION: LK/TO to approve as amended. APPROVED VOTE: 5-2 (AYES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil; NOES: Council Members Barnes and Moreno). Motion carried. 33. Nominate and appoint one (1) Council representative to serve on the Orange County Housing Trust Board, for a two year term. APPOINTMENT: Mayor Sidhu Mayor Sidhu nominated himself. APPROVED VOTE: 5-2 (AYES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil; NOES: Council Members Barnes and Moreno). Motion carried. Council Member Moreno nominated Council Member Barnes. VOTE: 2-3-2 (AYES: Council Members Barnes and Moreno; NOES: Mayor Sidhu and Council Members Faessel and O’Neil; ABSTENTIONS: Mayor Pro Tem Kring and Council Member Brandman). Motion failed. 11 June 18, 2019 34. ORDINANCE NO. (ADOPTION) AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM limiting rent increases for specified apartment units in the City to five percent plus the annual percentage change in the Consumer Price Index, and providing that annual rent increases may not exceed ten percent (A copy of the full text of the proposed ordinance is available for review in the Office of the City Clerk). or alternatively: ORDINANCE NO. (INTRODUCTION) AN UNCODIFIED INTERIM ORDINANCE OF THE CITY OF ANAHEIM limiting rent increases for specified apartment units in the City to five percent plus the annual percentage change in the Consumer Price Index, and providing that annual rent increases may not exceed ten percent. Determine that the approved ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines. Item No. 34 Discussion. MOTION: JM/JB to approve urgency ordinance. VOTE: 2-5 (AYES: Council Members Barnes and Moreno; NOES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil). Motion failed. MOTION: JM/JB to introduce uncodified interim ordinance. VOTE: 2-5 (AYES: Council Members Barnes and Moreno; NOES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil). Motion failed. 5:00 P.M. PUBLIC HEARING: 10:05 P.M. 35. Public hearing on the Fiscal Year 2019/20 budget, budget appropriations limits for the City and its Community Facilities Districts, and changes in various fee schedules. Mayor Sidhu opened the public hearing. Public comment by 7 speakers. Mayor Sidhu closed the public hearing. Discussion. MOTION: HS/LK to approve as presented with exception of Item No. 35-D, which was withdrawn by staff. AMENDED MOTION: DB/LK to remove the $70,000 recommended supplemental to the City Council budget, to be considered at a later date. APPROVED VOTE: 4-3 (AYES: Mayor Pro Tem Kring and Council Members Barnes, Moreno, and O’Neil; NOES: Mayor Sidhu and Council Members Brandman and Faessel). Motion carried. 12 June 18, 2019 AMENDED MOTION: JM/DB to direct staff to return with budget amendments to assess the rehabilitation of the Willdan building to house arts programs, provide gap funding for completion of the Downtown Anaheim Community Center Park, and for a stand-alone senior center. VOTE: 3-4 (AYES: Council Members Barnes, Brandman, and Moreno; NOES: Mayor Sidhu and Council Members Kring, Faessel, and O’Neil). Motion failed. AMENDED MOTION: JM/JB to amend the budget to include up to $250,000 to assess the rehabilitation of the Willdan building to house arts programs, provide gap funding for completion of the Downtown Anaheim Community Center Park, and to access for a stand-alone senior center. VOTE: 3-4 (AYES: Council Members Barnes, Brandman, and Moreno; NOES: Mayor Sidhu and Council Members Kring, Faessel, and O’Neil). Motion failed. MOTION: HS/LK to approve as presented with the exception of Item No. 35-D, withdrawn by staff, and the amendment to remove the $70,000 recommended supplemental to the City Council budget, to be considered at a future date. APPROVED VOTE: 7-0. A. RESOLUTION NO. 2019-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the fiscal year 2019/20 budget. B. RESOLUTION NO. 2019-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, adopting the annual appropriations limit for the fiscal year 2019/20. RESOLUTION NO. 2019-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, adopting the Community Facilities District No. 06-2 (Stadium Lofts) annual appropriations limit for the fiscal year 2019/20. RESOLUTION NO. 2019-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, adopting the Community Facilities District No. 08-1 (Platinum Triangle) annual appropriations limit for the fiscal year 2019/20. C. RESOLUTION NO. 2019-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a schedule of fees for services rendered by the Office of the City Clerk. D. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees to be charged for Community Services Department programs and services. Item No. 35-D. Withdrawn by staff; no action taken. E. RESOLUTION NO. 2019-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the schedule of rates, fees and charges for rental of space, parking and for certain labor, equipment and services at the Anaheim Convention Center effective July 1, 2019. 13 June 18, 2019 F. RESOLUTION NO. 2019-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing life safety division fees to be charged by the Fire and Rescue Department of the City of Anaheim and rescinding Resolution No. 2018-077. RESOLUTION NO. 2019-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing paramedic fees to be charged by the Fire and Rescue Department of the City of Anaheim and rescinding Resolution No. 2018-078. G. RESOLUTION NO. 2019-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM relating to fees and penalties in connection with implementing the Unified Hazardous Waste and Hazardous Material Management Regulatory Program Act and rescinding Resolution 2013-102. H. RESOLUTION NO. 2019-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending fees to be charged for certain services provided by the Anaheim Police Department. I. RESOLUTION NO. 2019-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a schedule of fines for false alarms pursuant to Section 4.95.120 of Title 4 of the Anaheim Municipal Code. J. RESOLUTION NO. 2019-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending and restating fee and rate schedules for planning, zoning, and environmental petitions, applications, permits, approvals, appeals and inspections. RESOLUTION NO. 2019-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a new schedule of fees, charges and rates for building, construction, and National Pollutant Discharge Elimination System (NPDES) permits, services and activities. K. RESOLUTION NO. 2019-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee schedules for the Public Works Department of the City of Anaheim. L. RESOLUTION NO. 2019-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a revised schedule of sanitation fees and charges for wastewater and solid waste and rescinding Resolution No. 2018-093 and determining such actions are exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080 (b) (8) and Guideline Section 15273 (a). Land Use - Zoning Report on Closed Session Actions: None PUBLIC COMMENTS (non-agenda items): None 14 June 18, 2019 Council Member Barnes left the meeting at 2:39 A.M. on June 19, 2019. Council Communications/Agenda Requests: Mayor Sidhu addressed the negotiations with the Anaheim Angels and reported no formal negotiations have taken place. He assured any future agreements will benefit residents and neighborhoods. He spoke of his meeting with West Anaheim residents regarding the future of Beach Boulevard and Lincoln and reported a development team is ready to move forward with the 39 Commons Project, a shopping center/restaurant development. He requested staff to return with a development agreement for the project within 4-6 weeks. He wished everyone a safe 4th of July. Council Member Moreno thanked Latter Day Saints Church for continuously hosting District 3 meetings to engage with residents in the Westmont area, Victoria Michaels for hosting a District 3 meeting in the Central/Northeast Colony, and Chief Cisneros for providing updates on public safety in the city. He also thanked Anaheim Public Utilities General Manager Dukku Lee for providing lighting to areas that need it most and Barbara and Greg from Anaheim Brewery for hosting Agenda discussion meetings. He announced the EV Expo hosted by Public Utilities on June 22 in downtown and the Neighborhood Cleanup and BBQ event on June 22 from 10am-1pm on Vine, Rose and Bush Street. He requested that he and Council Member Barnes be included on the Angels negotiation team, if required place on a future agenda for discussion and action. He further requested a workshop on Angels baseball regarding the appraisal and a standing agenda item for Council representatives to provide Regional Board Agency reports (concurred by Council Member Brandman; requests failed for lack of second concurrence). Council Member Brandman announced the GOALS Clubhouse open house to be held on June 21 from 10am to 6pm and the Orange County Pride Parade & Festival on June 22. He spoke in response to an OC Weekly published story regarding Jeff Flint and recognized Mr. Flint as an ally of the LGBTQ community. Council Member Faessel spoke of his attendance at the Anna Drive community event in partnership with River Arena Church, showcased a video highlighting the event, and thanked Yesenia Rojas for the invite. He recognized Anaheim SeniorServ as the 2019 Nonprofit of the Year, thanked ART for providing bus transportation to Anna Drive kids to Higher Ground from June 10 - August 2, and recognized Joanna Lopez and Lacey Terrain for their work with the Fun on Wheels program. He thanked everyone in attendance at the North Coves Expansion dedication. He spoke of his work with the Anna Drive community to improve the location of a bus stop and reported his attendance at the Annual Flag Day Ceremony at Pearson Park. Mayor Pro Tem Kring wished everyone a happy and safe 4th of July and announced the Anaheim Hills 4th of July Parade and Dog Show. She stated that, as representative on the Vector Control Board, she provides updates on items of interest. She highlighted that Bruno Serato, as a non-profit, provides rental assistance to families and spoke of her attendance at the North Coves Expansion event. She spoke of an incident involving a student who was approached by a man when walking home and requested the recognition of Marisol Molina, the eight police officers and three sergeants who aided in the arrest of the perpetrator. She further requested a proclamation recognizing Anaheim RV Park on its 60th Anniversary, both requests concurred by Mayor Sidhu and Council Member O’Neil. She spoke of her attendance at Palm Lane Charter School’s first 6th grade graduation and the Thank You card she received from Principal Dr. Angela Miller and the 52 students Council Member O’Neil requested an agenda item to appoint the Mayor, City Manager, and City Attorney to the negotiation team between the City and Angels, concurred by Mayor Sidhu and Mayor Pro Tem Kring. Adjournment: 3:03 A.M. on June 19, 2019 Next regular City Council meeting is scheduled for July 16, 2019. 15 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. 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 June 13, 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.