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11/19/2019 ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF NOVEMBER 19, 2019 TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the regular meeting included teleconference participation by Council Member Denise Barnes from: Marriott Riverwalk, 889 East Market Street, San Antonio, TX 78205 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 was allowed pursuant to Government Code Section 54954.3. The regular meeting of November 19, 2019 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of November 19, 2019 was called to order at 4:00 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on November 14, 2019. PRESENT: Mayor Harry Sidhu and Council Members Lucille Kring, Jordan Brandman, Jose F. Moreno, Stephen Faessel, Trevor O'Neil, and Denise Barnes (via teleconference). STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Theresa Bass ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEM: William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern regarding the Anaheim Stadium property negotiations and shared his thoughts of Mayor Sidhu and Council Members O'Neil, Kring, and Faessel. Mayor Pro Tern Kring addressed Mr. Fitzgerald comments and requested an apology. No public comments were received from the teleconferencing site. CLOSED SESSION: At 4:04 P.M., Mayor Sidhu recessed to closed session for consideration of the following item: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Section 54956.8 of the California Government Code Property: 2000 E. Gene Autry Way, Anaheim, CA 92806 (APN Nos. 232-011-02, -06, -35, - 36, -37, -38, -39, -40, -41, -42, -43, -44, -47, -48, -50) Agency Negotiator: Chris Zapata, City Manager Negotiating Parties: Angels Baseball, LP; City of Anaheim Under Negotiation: Price and Terms of Payment At 5:02 P.M., Mayor Sidhu reconvened the Anaheim City Council. INVOCATION: Cecil Jordan Corkern, Outreach Homeless Ministries FLAG SALUTE: Council Member Stephen Faessel City Council Minutes of November 19, 2019 Page 2 of 18 Presentations: Recognizing the 2019 Creative Writing Contest winners City Librarian Audrey Lujan; Carol Latham, Altrusa International of Anaheim; and Christopher Downing, Anaheim Elementary School Superintendent recognized the 2019 Creative Writing Contest winners. Recognizing Anthony Barajas, Devansh Mehta, Masoud Kharazizadeh, and Sarah English as Anaheim Military Banner Program honorees Mayor Sidhu recognized and presented proclamations to the Anaheim Military Banner Program honorees. Acceptance of Other Recognitions (To be presented at a later date): Recognizing November 23, 2019, as Small Business Saturday At 5:19 P.M., Mayor Sidhu called to order the Anaheim Public Financing Authority, Anaheim Housing and Public Improvements Authority, and Anaheim Housing Authority (in joint session with the City Council). ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS: Prior to receipt of public comments, an outline of rules for public comments and a brief decorum statement was provided by City Clerk Theresa Bass. Cecil Jordan Corkern, Outreach Homeless Ministries, expressed his concern regarding alleged issues at the Disneyland Corporation. Bill Wyrick/Beth Davidson expressed their support for Item No. 19 (Coyote Management Plan), thanked staff for the collaboration, and highlighted the safety of the plan. R. Joshua Collins, Homeless Advocates for Christ, encouraged City Council to work towards more permanent supportive housing. William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern regarding the Anaheim Stadium property negotiations and encouraged City Council to work for its residents. He believed the needs of residents and children are being ignored. Mayor Sidhu addressed students attending the City Council meeting and spoke of the difference between the 1St Amendment and abusive language. Mayor Pro Tem Kring clarified for Mr. Fitzgerald that she is a member of St. Columban Catholic Church in Garden Grove. Leonard Lahtinen expressed his concern regarding City Council rules of order during City Council meetings and encouraged them to follow Robert's Rules of Order and to provide Brown Act training. Duane J. Roberts expressed concern regarding the City's Ticket Policy (Item No. 30) and advised he would be requesting a third-party inquiry. City Council Minutes of November 19, 2019 Page 3 of 18 Council Member Brandman responded Mr. Roberts's comments directed to him. Jennifer Root, Anaheim Union High School District, expressed her opposition to Item No. 16 and stated there was lack of transparency of this project. She shared the Board of Trustees are opposed the project and expressed concerns with safety and the flow of traffic. Annemarie Randle-Trejo, Anaheim Union High School District, expressed her opposition to Item No. 16 and expressed concerns with the lack of transparency and discrepancies in the project. Bob Donelson expressed his concern regarding rules of order during City Council meetings and distributed copies of Robert's Rules of Order to City Council. He believed meetings are intended to let the minority speak. Francis Halaka expressed his concern regarding the treatment of the homeless in Anaheim and thanked Council Member Moreno for voicing his concerns. He also commented and expressed concern with regard to the rules of order during the meeting. Wes Jones encouraged City Council to cease the Lincoln Avenue Widening Project. In regards to Item No. 30, he felt there were no issue with the current policy. Lastly, he expressed his concerns regarding the rules of order during City Council meetings. David Klawe expressed his support for the Coyote Management Plan, thanked all City staff for their work, and was impressed with the increased education and outreach. He urged City Council to vote in favor of improved measure plans. Vern Nelson expressed his concern regarding rules of order during City Council meetings. He expressed concern regarding Item No. 31 and encouraged City Council to reject its adoption. Mark Richard Daniels thanked City Council for Anaheim's participation in the Meet on Beach event held on November 17, 2019, specifically Council Member Barnes. He expressed his opposition to Item No. 16 and encouraged City Council to cease the project. He also encouraged City Council to help the homeless who will be out in the elements during the impending storm. Paul Hyek reported that AB 143 (Quirk-Silva) determines bussing is not required to any shelter within a quarter-mile of a bus stop. Mike Robbins expressed concern regarding corruption within the City Council. Jeanine Robbins expressed her concern regarding the rules of order during City Council meetings. She also expressed her concern regarding providers who work with the homeless and encouraged City Council to review services that are being offered. She expressed concern regarding a fundraiser for Council Member Faessel held on December 12, 2019, sponsored by the Anaheim Chamber of Commerce. Cheryl Moi expressed her disappointment with Council Member Faessel's lack of support for helping residents at Rancho La Paz Mobile Home Park. She spoke in support of Mayor's Sidhu recall and thanked Council Member Barnes for her support and participation at their festival. Richard Rodriguez expressed concern regarding his treatment by officials while his encampment was cleared in the Santa Ana riverbed and stated being harassed by a security officer. City Council Minutes of November 19, 2019 Page 4 of 18 Thomas Fielder, Housing as a Human Right Orange County, encouraged City Council to stop by their booth to advertise Homeless and Hunger Awareness Week and urged Anaheim to open up more portable restrooms for the convenience of the homeless. David Duran expressed his concern regarding the 24 homeless deaths in Orange County in October 2019. Kenneth Batiste expressed concern for City Council's lack of support for the homeless and believed the community is the reflection of our country. Taylor Ogata expressed concern regarding visitor parking at his apartment complex and encouraged City Council to address the issue. He encouraged City Council to help the homeless who will be out in the elements during the impending storm. Rhonda Moynihan encouraged City Council to place security measures at all City buildings. She thanked Council Member Faessel for his attendance at a recent District 5 meeting and his accessibility. She expressed concern regarding a marijuana dispensary on Lincoln Avenue and encouraged City Council to investigate. Nohline L'Ecuyer addressed Item No. 16 and advised that the school district never contacted her regarding any community meetings to discuss the item. She spoke in regards to a parking lot being built at the school and expressed she was in favor of the environmental report Council Member Barnes advised she had no public speakers at her teleconference location. CITY MANAGER'S UPDATE: City Manager Chris Zapata announced the City's negotiation team would meet with the Angels again on Friday, November 22, 2019. Regarding Community Workforce Agreements, Mr. Zapata reported the ad-hoc committee, consisting of Mayor Sidhu and Council Members Brandman and Faessel, has made progress and a proposal would come forward for consideration at the December 3, 2019, Council meeting. Update on Council Ad-Hoc Committee for Homelessness Community Preservation & Licensing Manager Sandra Sagert provided an update on Council Ad-Hoc Committee for Homelessness. She reported the Ad-Hoc Committee met on November 7, 2019, and discussed the current situation with the unsheltered homeless population and the current population within homeless shelters. Ms. Sagert advised a Request for Proposal (RFP) was drafted and components included the following: a temporary emergency shelter with 50-100 beds; a citywide location request with preference in District 2; the focus on females, families, couples, and pets; City commitment to expedite; a private/public partnership would be preferred; a two-year partnership with an operator with an additional one-year option, and lastly the Ad-Hoc Committee would make its recommendations to City Council for award. Ms. Sagert advised the draft RFP was distributed to the Ad-Hoc committee for review and comments were received from key departments. She advised she will incorporate those comments and will City Council Minutes of November 19, 2019 Page 5 of 18 redistribute the RFP to the committee for review. Upon approval of the RFP, it will be released in order to quickly review proposals and understand the potential options the City has moving forward. DISCUSSION: Council Member Moreno expressed his concern that the item was not agendized and would like to see it agendized in the future. In response to Council Member Moreno's inquiry, City Manager Chris Zapata advised he would be making a recommendation to the negotiating team regarding the release date of the Anaheim Stadium appraisal. He further advised that because the negotiation is in process, the strategic value of releasing or not releasing the appraisal is undetermined at this time but will be a topic of discussion sooner rather than later. City Attorney Robert Fabela clarified that since the item regarding Ad-Hoc Committee for Homelessness was on the agenda under the City Manager's Updates, it could be discussed by City Council. In response to Council Member Moreno's inquiry, Ms. Sagert advised a location was discussed but leaving the option open to "Citywide" allows for investigating other locations with a preference to District 2. She also advised the responders to the RFP would be required to respond with a public/private partnership funding source. Ms. Sagert further clarified the new shelter would be low- barrier with a focus on families and females. Council Member Moreno requested an agenda item in order to bring Dr. Adela Cruz from Anaheim Union High School District to provide an update on homelessness within the school district. Council Member Brandman thanked staff for their work on the Ad-Hoc Committee for Homelessness. In response to Council Member O'Neil's inquiry, Ms. Sagert advised the City would not be in violation of the settlement agreement. She also advised that if at any time, all of the homeless shelters were full, the anti-camping ordinance could not be enforced. She further advised that there were currently 17 beds available, with an average of 5-10 beds available per day. She advised that at the Salvation Army they have been full for four days. For women, the La Mesa Shelter, which has been open for six months, has been full six times. In response to Mayor Pro Tern Kring inquiry, Ms. Sagert advised vacancy at the shelters ebbs and flows for a variety of reasons, such as individuals being moved out to permanent supportive housing, individuals that exit on their own, or those exited by the shelter. At 6:47 P.M., Mayor Sidhu recessed the Anaheim City Council to address the Anaheim Housing and Public Improvements Authority, and Anaheim Housing Authority, reconvening at 7:07 P.M. CONSENT CALENDAR: At 7:07 P.M., the Consent Calendar was considered with Mayor Pro Tern Kring pulling Item No. 09 and Council Member Moreno pulling Item No. 16 for separate discussion and consideration. MOTION: Council Member O'Neil moved to waive reading of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each City Council member and as listed on the consent calendar, City Council Minutes of November 19, 2019 Page 6 of 18 seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES — 0. Motion carried. B105 8. Receive and file minutes of the Sister City Commission meeting of September 23, 2019. 10. Approve the Investment Portfolio Report for October 2019. D117 11. Approve carryover expenditure appropriations, in the amount of $100,891,516, from fiscal D106 year 2018/19 to fiscal year 2019/20 for projects previously approved by the City Council but not yet completed. D180 12. Accept the proposal of Crisp Enterprises, Inc., dba Crisp Imaging, in the estimated annual cost of $200,000 to $300,000, for reprographic services for a three year period with two one- year optional renewals, and authorize the Purchasing Agent to exercise the renewal options in accordance with RFP #9359. D180 13. Accept the bid of Mythics, Inc., in the amount of $2,007,141.48, for the purchase of Oracle enterprise software licenses and related annual support for new servers supporting the SCADA Network in Anaheim Public Utilities, and authorize the Purchasing Agent to exercise annual support renewals subject to available budget appropriations in accordance with Bid #9358. D180 14. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement purchase order to Vintra, Inc., in the amount of $35,988 plus applicable tax, for the purchase of a subscription to the FulcrumAI Cloud Organization Plan software solution and authorize the Purchasing Agent to issue master agreement purchase orders for future year renewals, in accordance with approved budget appropriations. AGR- 15. Award the contract to the lowest responsible bidder, HYM Engineering, Inc., in the amount of 11765 $750,800, for the West Street and Citron Street Sidewalk Gap Closure Improvements Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. AGR- 17. Approve a California Work Opportunity and Responsibility to Kids (CaIWORKs) Agreement 11767 with Career Development Solutions, LLC dba New Horizons Career Development Solutions, in the amount of $150,000, for the provision of occupational skills training, effective November 1, 2019 through June 30, 2021, and authorize the Community and Economic Development Director, or designee, to execute and administer the agreement. AGR 18. Approve an agreement with Topp Strategies, in the amount of $10,000 per month, for state 8136.8 legislative and regulatory advocacy services for a term of twenty-four (24) months with an option to extend the agreement for two one-year renewals and authorize the City Manager to execute and administer the agreement. D159 19. Approve proposed changes to the previously approved Coyote Management Plan providing information and education on coyote management techniques and a tiered response plan for ensuring public safety and determine that the plan is categorically exempt from the California Environmental Quality Act pursuant to Sections 15307, 15308 and 15061(b)(3) of Title 14 of the California Code of Regulations (Continued from the City Council meeting of October 29, 2019, Item No. 06). City Council Minutes of November 19, 2019 Page 7 of 18 AGR-11769 20. Approve a License Agreement with the Orange County Water District (OCWD), for a one-time fee payment of$1,148, for use of OCWD property to access the Linda Vista Complex for a 25 year term, commencing on October 16, 2019, and authorize the Public Utilities General Manager to execute the agreement and any other related documents and take the necessary actions to implement and administer the agreement. 21. Approve the Agreement for Future Supply Actions Funding Program with the Metropolitan AGR-11770 Water District of Southern California, in the reimbursement grant amount not to exceed $200,000, for the Regional Assessment of Stormwater Capture, Treatment, and Infiltration for Groundwater Enhancement Study, for a term through December 31, 2021; authorize the Public Works Director to execute the Grant Agreement and take the necessary actions to implement and administer the Grant Agreement; and increase the revenue and expenditure appropriations in the Public Works Department fiscal year 2019/20 budget. 22. Approve Safety Consulting Services Agreements, in a total amount not to exceed $300,000 AGR-11772 per consultant with authorization for up to 15% in extra work, for as-needed safety consulting AGR-11773 services to the Anaheim Public Utilities Department, for a three year term with two one-year AGR-11774 extensions; authorize the Public Utilities General Manager, or designee, to execute the agreements and take necessary actions to implement and administer the agreements separately with the following prequalified consultants: Alta Environmental, L.P., Global Environmental Network, Inc., and Stearns, Conrad and Schmidt, Consulting Engineers, Inc., and such other safety consultants as the department may prequalify during the term of the agreement; and authorize de minimis changes that do not substantially change the terms and conditions of the agreements, as determined by the City Attorney. 23. Approve an agreement with John Friedman Alice Kimm Architects, Inc., in the amount of AGR 11768 $2,188,066 with a 20% contingency for extra services, for the design and construction support services for the Utilities Crew Quarters Building and Sustainability Education Center Project; authorize the Public Utilities General Manager to execute the agreement and any other related documents and take the necessary actions to implement and administer the agreement; and authorize de minimis changes that do not substantially change the terms and conditions of the agreement, as determined by the City Attorney. 24. Approve the Professional Services Agreement with CleanFleets.net LLC, in an amount not to AGR 11771 exceed $50,000 per contract year, for monitoring the City's Fleet Emissions Compliance for a two year term with three one-year renewal terms for a total not to exceed contract amount of $250,000, and authorize the Director of Public Works to execute the agreement and any related documents necessary and to take the necessary actions to implement and administer the agreement. D114 25. RESOLUTION NO. 2019-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the dates and times of regular meetings of the City Council for the 2020 calendar year. D182 26. RESOLUTION NO. 2019-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing withdrawal from the Power Agency of California. City Council Minutes of November 19, 2019 Page 8 of 18 D175 27. RESOLUTION NO. 2019-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit an application to the United States Department of the Interior, Bureau of Reclamation for the Watersmart Grants: Drought Resiliency Projects for Fiscal Year 2020 for the La Palma/Richfield: Urban Model for Storm Water Detention and Infiltration Project and if awarded, authorizing the acceptance of such grant on behalf of the city and amending the budget accordingly and determining that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities) and Class 2, Section 15302 (Replacement or Reconstruction) (grant funds in the amount of $750,000). D175 28. RESOLUTION NO. 2019-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Measure M2 Expenditure Report and authorizing the City of Anaheim Finance Director to sign and submit the expenditure report to the Orange County Transportation Authority on behalf of the City of Anaheim. 29. RESOLUTION NO. 2019-137 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed No. 12324; in conjunction with the Nohl Ranch Road and Nohl Canyon Road Intersection Improvements Project and for future City rights-of-way). END OF CONSENT CALENDAR D116 9. Approve recognitions for the Ponderosa Elementary School's electrical safety essay contest winners, Ponderosa Elementary School student Marlene Garcia, and Ponderosa Elementary School Principal Dr. Yadira Moreno. DISCUSSION: Mayor Pro Tern Kring requested the addition of Yeimi Rapalo and Kariana Loza to the list of students to be recognized. MOTION: Mayor Pro Tern Kring moved to approve recognitions for the Ponderosa Elementary School's electrical safety essay contest winners, Ponderosa Elementary School student Marlene Garcia, and Ponderosa Elementary School Principal Dr. Yadira Moreno as amended, adding Yeimi Rapalo and Kariana Loza as students to be recognized, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES — 0. Motion carried. 16. Direct staff to cease work on the right-of-way acquisition and construction phases of the D175 Lincoln Avenue Widening Improvements Project from West Street to Harbor Boulevard until there is sufficient support from the project stakeholders and complete and closeout the engineering and environmental phase with formal adoption of the environmental document at a later date. Public Works Director Rudy Emami presented the staff report and advised that staff recommends that work cease on the right-of-way acquisition and construction phases of the Lincoln Avenue Widening Improvements from West Street to Harbor Boulevard Project until there is sufficient support from the project stakeholders. He advised that staff is recommending the completion of the engineering and environmental phase with the formal adoption of the environmental document at a later date. City Council Minutes of November 19, 2019 Page 9 of 18 Mr. Emami advised that the Orange County Master Plan of Arterial Highways identifies Lincoln Avenue as a Primary Arterial Highway, which is typically a six-lane divided facility with no on-street parking. The majority of Lincoln Avenue is a six lane Primary Arterial Highway with the exception of this segment and the segment of East Street to Evergreen Street, which is in the right-of-way acquisition phase. Mr. Emami advised the project was originally proposed to solve a number of concerns from the community in addition to eliminating traffic congestion and neighborhood cut-through traffic. He advised the other benefits of the project were to improve the landscape, drainage issues, and aesthetics of the corridor. Mr. Emami advised that staff met with community members and key stakeholders on numerous occasions to learn about their specific operational needs in order to complete preliminary engineering and environmental analysis. He further advised that despite the number of public and private meetings with the public and key stakeholders to explain the safety and traffic needs and the benefits of the project, there is still some opposition. He advised that staff studied three scenarios: Option No. 1 - requires delivering the project design as committed to the Orange County Transportation Authority (OCTA), including the approval of the environmental document. This option allows the City to be reimbursed the entire grant, in the amount of $590,000; the balance of the expenditures are to be funded with Gas Tax. The alignment will shift the roadway to the north. The properties on the north side will be required to dedicate property per the approved alignment upon the property owner performing significant development or redevelopment. Option No. 2 — does not require approving the environmental document but does postpone all future phases of the project. Based upon OCTA's initial evaluation of the City's work on the engineering work completed to date, a net difference of approximately $125,000 between the eligible salvage value and initial payment received by the City will need to be refunded to OCTA, plus earned interest. Under this option, the City is not eligible to reapply for a Measure M2 grant for the project's engineering and environmental phase in the future, potentially costing the City an additional $750,000 to $1,000,000. The entire project's expenditures are funded with Gas Tax. If no action is taken on the environmental document, the alignment reverts to the Circulation Element of the City's General Plan and the Orange County Master Plan of Arterial Highways with required property dedications on both sides of the street, from the centerline equally. Option No. 3 - does not require approving the environmental document but does postpone all future phases of the project. The City will refund OCTA the reimbursed M2 funds, in the amount of $390,000 plus earned interest, and forgo the reimbursement of the grant balance of $200,000. This is the only option where the City can reapply for a Measure M2 grant for the project's engineering and environmental phase in the future. The entire project's expenditures are funded with Gas Tax. This will also require the alignment revert to the Circulation Element of the City's General Plan and the Orange County Master Plan of Arterial Highways with required property dedications on both sides of the street, from the centerline equally. Mr. Emami advised that no property will be acquired with this action and direction is to also receive stakeholder support prior to moving forward with the project. He further advised that City Council action would be required for any future grant applications. He also noted the segment would be reassessed for any safety improvements that can be completed now. If City Council directs staff to proceed with the project per the recommendations, staff will bring back the environmental document for adoption at a later date. Once adopted, staff will close out the project with OCTA and request final reimbursement. City Council Minutes of November 19, 2019 Page 10 of 18 DISCUSSION: Council Member Moreno confirmed that Council previously approved a resolution seeking grants for the Lincoln Widening Project and an agenda item on the December 2016 Council meeting to move forward with the project. In response to Council Member Moreno's inquiry of when outreach was conducted for the project, Mr. Emami advised that an extensive community outreach program was completed with requests to the school districts for their assistance and participation. Council Member confirmed that the outreach was not conducted until the fall of 2016. He further stated that this project was the impetus of creating the sunshine ordinance as it relates to community projects in order to obtain community input in the beginning of a project. Council Member Moreno noted that his constituents were overwhelmingly opposed to the project. He expressed his support for ceasing the project and welcomed discussion to decide between Option Nos. 1 and 3. Mayor Pro Tern Kring expressed her support for Option No. 1. Mr. Emami clarified that, when looking at the alignment, they considered the greatest public good with the least private injury which is why all alignments were considered. He advised that Option No. 1 is the recommended option. Mayor Pro Tern Kring expressed her support for the item. MOTION: Mayor Pro Tern Kring moved to approve Option 1 as presented, seconded by Council Member O'Neil. DISCUSSION: In response to Council Member Barnes' inquiry, Mr. Emami clarified that Option No. 1 ceases the project and moves the alignment 8' 3" to the north of where it is today. He further clarified there is an appeals process for the environmental process that could be challenged but he felt confident it is defensible if legally challenged. In response to Council Member Barnes' inquiry, Mr. Emami clarified that Option No. 2 would lessen the amount of money the City would need to repay the Orange County Transportation Authority (OCTA) and would preclude the City from reapplying for Measure M2 grants in the future. In response to Council Member Faessel's inquiry, Mr. Emami clarified that the project cannot continue without the support from the community. He further advised the City does not have the properties to move forward with the project and would require support from the property owners or condemnation of the properties, which he does not believe would happen. He also noted the item would need to come back for City Council approval which he does not believe would receive any support. In response to Council Member Faessel's inquiry, Mr. Emami clarified the true swing between Option No. 1 and Option No. 3 is $600,000. He also confirmed the money could be used for other improvement projects. Council Member Brandman noted that he originally supported the item when introduced and was supported by constituents of the Colony at the time. He stated that later he became aware of the concerns by residents and apprehension of the project by business owners and the school district. He expressed his support for Option No. 3 and would be committed to advocating funding to replace any deficit in order to make the City whole. In response to Council Member Moreno's inquiry regarding the approval of the alignment, Mr. Emami advised that if the project was to come back for approval, the property owners impacted would lose eight feet of buildable property which would be compensated by the City. Council Member Moreno stated that if Council does not take any action on the alignment, the properties will not be impacted City Council Minutes of November 19, 2019 Page 11 of 18 and is a do no harm at this point. He further stated the cost the City was bearing by this action was cost that was triggered by a previous Council. In response to Council Member Moreno, Mr. Emami clarified that Option No. 3 is the only option where the City can reapply for a Measure M2 grant for the Project's engineering and environmental phase in the future. SUBSIDIARY MOTION: Council Member Moreno moved to amend the motion to cease the project and approve Option No. 3, seconded by Council Member Brandman. DISCUSSION: Mayor Sidhu expressed his support for Option No. 1. In response to Council Member Moreno's inquiry, Mr. Emami advised that should the project come back, the alignment would be reanalyzed. Council Member Moreno inquired if the Mayor, as the OCTA representative, championed to have the Master Plan of Arterials changed to reassure residents the project has ceased. Mayor Sidhu shared he has not been sworn into the position. SUBSIDIARY MOTION: Council Member Moreno moved to amend the motion to cease the project and approve Option No. 3, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 2 (Council Members Brandman and Moreno); NOES — 4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil); ABSTENTION — 1 (Council Member Barnes). Motion failed. MOTION OF ORDER: Council Member Moreno moved to bifurcate the question to take a separate vote to cease the project and the option on the table, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 3 (Council Members Barnes, Brandman, and Moreno); NOES —4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil). Motion failed. MOTION: Mayor Pro Tem Kring moved to cease work on the right-of-way acquisition and construction phases of the Lincoln Avenue Widening Improvements Project from West Street to Harbor Boulevard until there is sufficient support from the project stakeholders and approve Option No. 1 as presented, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 5 (Mayor Sidhu and Council Members Kring, Barnes, Faessel, and O'Neil); NOES — 2 (Council Members Brandman and Moreno). Motion carried. D112 30. Review the City's Ticket Policy adopted by the City Council on January 27, 2009. City Attorney Robert Fabela introduced the item and reported that tickets and the use of tickets are governed by the Fair Political Practices Commission (FPPC), which has series of regulations that account for how public agencies and public officials disclose the use of tickets. He noted that in the absence of a ticket policy, public officials would have to treat tickets as gifts or compensation and disclose. Mr. Fabela reported the FPPC has set up a procedure for agencies that provide tickets to their officials that, if utilized, will result in tickets not qualifying as gifts under the political format. Under this policy, the official may accept the tickets if there is a public purpose achieved through that official's use of the ticket. He noted that if a local agency wishes to take advantage of the exception to the gift rules, the FPPC requires the legislative body of the local agency to adopt a written policy governing the distribution of tickets or passes. The public official would then have to disclose the distribution and use of tickets on an FPPC Form 802 (Tickets Provided by Agency Report). City Council Minutes of November 19, 2019 Page 12 of 18 City Clerk Theresa Bass clarified that the Policy applies to every member, officer, employee, or consultant of the City of Anaheim who is required to file an annual Statement of Economic Interests or the City's current Conflict of Interest Code. She further noted the Policy governs the distribution of all tickets or passes received by the City that provide admission to City venues, which include the Anaheim Convention Center, Angel Stadium of Anaheim, the Honda Center, the Grove of Anaheim, or any other facility owned, controlled, or operated by the City. Ms. Bass highlighted Section 5.3 of the Policy, which identifies the permissible public purposes for distributing tickets or passes to City officials. She clarified the use must be disclosed on FPPC Form 802, which requires identifying information regarding the agency, the organization distributing the tickets or passes, a description of the event, the officials and/or organizations or individuals receiving the complimentary tickets or passes, the number of tickets received, the face value of each ticket or pass, and the specific governmental or public purpose for which the distribution was made. She further advised that pursuant to the Policy, the City must complete and post the FPPC Form 802 on the City's website within thirty (30) days of distributing the ticket or pass. Lastly, she noted the reporting documents could be found on the City's Transparency in City Government page (www.anaheim.net/Transparency). DISCUSSION: Council Member Moreno advised that he agendized the item due to an article in the OC Weekly and wanted to make it clear to the public. He supports the policy and felt this was an opportunity for the City Council to address any concerns. In response to Council Member Moreno inquiry on the manner in which unused tickets can be distributed, Mr. Fabela advised that he would need to explore the rules of the FPPC regarding the donation of unused tickets. Council Member Faessel stated that he works to behest every ticket he receives to non-profits. Mayor Pro Tern Kring noted that staff has a list of staff that may be able to use the tickets. Council Member Brandman supported the idea of providing unused tickets to staff and residents who may want the opportunity to use the unused tickets. No action taken. E127 31. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a proposed amendment to the City Charter to the electors of said city at the General Municipal Election to be held in said city on November 3, 2020 (Measure No. — increase the number of members on the Anaheim Library Board from five to seven). City Clerk Theresa Bass presented the staff report and advised that Section 908 of the City Charter currently provides that the Library Board shall consist of five (5) members. At the February 19 Council meeting, Council Member Moreno requested that staff prepare a proposed ballot measure to be placed on the November 2020 ballot amending the City Charter to increase the member size of the Library Board. She advised the proposed amendment increases the number of members on the Anaheim Library Board from five (5) to seven (7). City Council Minutes of November 19, 2019 Page 13 of 18 Ms. Bass reported that in March 2017, the City Council restructured the membership of certain boards and commissions to seven (7) in order to make the boards and commissions reflective of the City's by-district election system, with the exception of the Library Board which is governed by Section 908 of the City Charter. Currently, Library Board is comprised of five members and is excluded from the by-district appointment method. The proposed Charter amendment would allow each district council member one appointment to the Board. Ms. Bass advised that if adopted, the proposed ballot measure would be placed on the ballot for the November 3, 2020 general municipal election. She reported the Orange County Registrar of Voters has estimated the cost of placing the proposed Charter Amendment measure on the November 2020 ballot between $137,000 and $173,000. Additionally, the cost of including any additional citywide measure on the ballot, thereafter, is estimated to be $8,500. DISCUSSION: Discussion Mayor Sidhu expressed his opposition to the item. Council Member Moreno thanked the City Clerk for bringing the item forward and viewed it as a clean-up item. He noted this is the only board that was not included in the board and commission restructuring in March 2017. He stated he was not in support of moving forward with an item this evening as a standalone measure due to the cost, but would support bringing it forward if another amendment or measure was brought forward by Council at a later date. Council Member Moreno further stated that he felt the item was important in order to have all districts represented. Council Member Moreno referenced an idea to keep the Library Board as is and bring on two members from unrepresented districts as ex officio with the ex officio position rotating throughout each district annually. Mayor Pro Tern Kring expressed her opposition to the item and did not support increasing the board to seven (7) and felt the low number of previous applicants for the position warranted keeping the board to five (5). In response to Council Member O'Neil's inquiry, Ms. Bass clarified that Library Board meetings are open to the public and allow for public comment. Council Member O'Neil referenced the Library Board website that indicates that City Council may appoint one or more emeritus members to serve at the pleasure of the Council (AMC1.04.750) and that emeritus members would have all rights and privileges as board members, except voting rights and would not be counted for purposes of determining a quorum. In response to Council Member O'Neil's inquiry, Ms. Bass advised the appointments of the emeritus members could be agendized for City Council appointment and consideration. In response to Council Member Brandman's inquiry, Ms. Bass clarified that the estimate provided is the additional cost to place a citywide measure on the November 2020 Election ballot. In response to Council Member Brandman, the cost estimate as provided by the Registrar of Voters may change, as we get closer to the election. Council Member Faessel expressed his interest in seeing the item return to City Council in the future. MOTION: Council Member Moreno moved to postpone Item No. 31 until July 2020, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES — 0. Motion carried City Council Minutes of November 19, 2019 Page 14 of 18 PUBLIC HEARING: C280 32. ZONING CODE AMENDMENT NO. 2019-00165 C420 (DEV2019-00092) ADJUSTMENT NO. 13 TO THE DISNEYLAND SPECIFIC PLAN NO. 92-1 (SPN92-1S) ADJUSTMENT NO. 16 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SPN92-2Z) ADJUSTMENT NO. 10 TO THE HOTEL CIRCLE SPECIFIC PLAN NO. 93-1 (SPN93-1J) ADJUSTMENT NO. 9 TO THE ANAHEIM CANYON SPECIFIC PLAN (SPN2015-000011) ADJUSTMENT NO. 1 TO THE BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SPN2017-00001 A) AMENDMENT NO. 3 TO THE ANAHEIM RESORT IDENTITY PROGRAM (MIS2019-00711) AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN (MIS2019- 00712) PROJECT LOCATION: Citywide PROPOSED: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying Chapters 18.04 (Single-Family Residential Zones); 18.06 (Multiple-Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.14 (Public and Special-Purpose Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.22 (Brookhurst Commercial Corridor (BCC) Overlay Zone); 18.32 (Mixed Use (MU) Overlay Zone); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.40 (General Development Standards); 18.42 (Parking and Loading); 18.44 (Signs); 18.46 (Landscaping and Screening); 18.62 (Administrative Reviews); 18.76 (Zoning Amendments); 18.92 (Definitions); 18.114 (Disneyland Specific Plan No. 92-1 (SP 92-1)); 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)); 18.118 (Hotel Circle Specific Plan No. 93-1 (SP 93-1)); 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1)); and 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards); and, The Anaheim Resort Identity Program and Platinum Triangle Master Land Use Plan; to provide clarity, create consistency of terms and definitions, streamline approval processes and amend development standards to reflect current market trends. ENVIRONMENTAL DETERMINATION: The City Council will consider whether the proposed action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3). ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval with modifications relating to the location of trashcans and modifications relating to decorative pedestrian walkways and private patios within structural setbacks. VOTE: 5-0 (Chairperson Pro-Tempore Keys and Commissioners Armstrong, Meeks, Vadodaria and White voted yes. Chairperson Lieberman and Commissioner Mulleady were absent) (Planning Commission meeting of October 14, 2019). ORDINANCE NO. 6473 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapters 18.04 (Single-Family Residential Zones); 18.06 (Multiple- Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.14 (Public and Special-Purpose Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.22 (Brookhurst Commercial Corridor (BCC) Overlay Zone); 18.32 (Mixed Use (MU) Overlay Zone); 18.36 (Types Of Uses); 18.38 (Supplemental Use Regulations); 18.40 (General Development Standards); 18.42 (Parking and Loading); 18.44 (Signs); 18.46 (Landscaping and Screening); 18.62 (Administrative Reviews); 18.76 (Zoning Amendments); 18.92 (Definitions); 18.114 (Disneyland Specific Plan No. 92-1 (SP 92-1)); 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)); 18.118 (Hotel Circle Specific Plan No. 93-1 (SP 93-1)); 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1)); and City Council Minutes of November 19, 2019 Page 15 of 18 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code; and, the Anaheim Resort Identity Program and Platinum Triangle Master Land Use Plan; 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 15061(b)(3) because it will not have a significant effect on the environment (Zoning Code Amendment No. 2019-00165) (Adjustment No. 13 to the Disneyland Specific Plan No. 92-1 (SPN92-1S)) (Adjustment No. 16 to the Anaheim Resort Specific Plan No. 92-2 (SPN92-2Z)) (Adjustment No. 10 to the Hotel Circle Specific Plan No. 93-1 (SPN93-1J)) Adjustment No. 9 to the Anaheim Canyon Specific Plan (SPN2015-000011)) (Adjustment No. 1 to the Beach Boulevard Specific Plan No. 2017-1 (SPN2017-00001A)) (Amendment No. 3 to the Anaheim Resort Identity Program (MIS2019-00711)) (Amendment to the Platinum Triangle Master Land Use Plan (MIS2019-00712)) (DEV2019-00092). Building and Planning Director Ted White reported the item is a City-initiated code amendment to Title 18 of the Anaheim Municipal Code and is a part of the City's ongoing code streamlining and improvement program to create the best zoning code possible. Mr. White reported the proposed amendments would create flexibility for single-family residential uses by allowing water heaters and water softeners in side and rear setbacks, to be consistent with the way the City treats air conditioning units and allows trash and recycling containers to be stored, without screening, when located outside of the front yard setback. He noted that this language already exists in Title 10 of the Anaheim Municipal Code so the amendment would provide consistency between Title 10 and Title 18. The amendment would also clarify that accessory buildings and structures that are connected to the main residence by a roofed breezeway are allowed to encroach into side and rear setbacks. Mr. White reported the amendments would also provide code flexibility for businesses by allowing EV chargers within setback areas or flexibility in screening requirements, and allowing a broader range of screening materials for outdoor storage uses, such as steel, wood, or vinyl through the processing of a Minor Conditional Use Permit. Currently, only masonry walls are permitted to screen outdoor storage uses. The code amendment would also clean up provisions of the code relating to towing services by reducing parking requirements for indoor and outdoor tow yards. The code currently requires tow yards to be parked at the same standard as office uses, and this would make them consistent with warehousing parking standards. The amendment would also permit marquee signs, electronic reader boards, and murals by Minor Conditional Use Permit rather than by Conditional Use Permit (CUP). To note, this amendment does not change the list of uses that are permitted to request a marquee or reader board sign, such as churches, auto dealerships, schools, and theaters. Mr. White reported the proposed code amendment includes a number of changes to the various specific plans and master plans in the City. The Anaheim Canyon Specific Plan would be amended to allow light industrial uses by CUP within the commercial zone, Development Area 5, of the specific plan. The Platinum Triangle Master Land Use Plan would be amended to allow hotels by CUP in the High Intensity Office Zone of the Platinum Triangle. The Anaheim Resort Specific Plan would be amended to reduce regulatory barriers to providing day care for employees and others in the Resort by allowing Day Care Centers subject to the approval of a CUP. It would also allow reductions of up to 50% of the Code-required parking for hotels, subject to the approval of an Administrative Adjustment, if the hotel provides dedicated parking and loading areas for transportation network City Council Minutes of November 19, 2019 Page 16 of 18 companies, such as Uber or Lyft. The final piece would be to reassign the approval authority for Final Site Plans in The Disneyland Resort, Anaheim Resort, and Hotel Circle Specific Plan to the Planning Director. These specific plans currently require Planning Commission review and approval of Final Site Plans as a Reports and Recommendation item to verify that the projects are in substantial conformance with the design guidelines and development standards of the specific plans. If the project complies, the code states that the Planning Commission shall approve the Final Site Plan. The proposed amendment would streamline the project approval process, saving both time and money for projects that meet code requirements. Pursuant to the Code procedures for Planning Director reviews, the Planning Director would still be able to refer Final Site Plans to the Planning Commission at their discretion when it is determined that the general public interest warrants such referral. For projects that require discretionary approval, such as a conditional use permit or variance, the Planning Director would automatically refer any Final Site Plan to the Planning Commission. Finally, there are two planning documents that will be amended to allow greater flexibility for public improvements, such as lighting and bus benches. The Anaheim Resort Identity Program and Platinum Triangle Master Land Use Plans would be amended to allow the Public Works and Planning & Building Directors to sign off on minor modifications to the public realm when such modifications provide improvements to safety, technology and functionality. He stated that staff recommends City Council approval of this Zoning Code Amendment as it will provide staff, decision makers, and members of the public with clearer standards, procedures, and definitions for development projects and land use decisions. Council Member Barnes left the meeting at 8:38 P.M. Mayor Sidhu opened the public hearing. William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern that the changes in the item will help support the financial supporters of some members of the City Council. He expressed concern regarding City Council rules of order during City Council meetings. Mayor Sidhu closed the public hearing. DISCUSSION: In response to Council Member Faessel's inquiry, Mr. White clarified the proposed amendment would allow up to a 50% reduction in the number of parking spaces subject to the approval. In contacting stakeholders, he noted there is less need for parking now that more patrons are using Uber and Lyft type services. In response to Council Member Moreno's inquiry, Mr. White advised that all parking-related Administrative Adjustments are under the authority of the Planning Director. He also noted that decisions are made with heavy weight on parking studies prepared by traffic engineers. He also advised that they would be monitoring national standards regarding parking standards. Principal Planner Susan Kim advised there is a current trend in an excess of parking due to the uses of Uber and Lyft services. She also noted that more hoteliers have shared parking agreements and/or are leveraging valet parking for these extra spaces. She advised most hotels would reference the Urban Land Institute's (ULI) Shared Parking analysis and show available parking spaces during expected full occupancy of the hotel's parking lot. City Council Minutes of November 19, 2019 Page 17 of 18 In response to Council Member Moreno's inquiry, Mr. White advised that technical experts would be used for any parking-related Administrative Adjustments. Mayor Pro Tern Kring expressed her support of the item. MOTION: Mayor Pro Tern Kring moved to approve Item No. 32, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Kring, Brandman, Moreno, Faessel, and O'Neil); NOES — 0. ABSENT — 1 (Council Member Barnes). Motion carried; ordinance introduced. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non-agenda items): None COUNCIL COMMUNICATION/AGENDA REQUESTS: Council Member Faessel addressed a public comment and thanked the Police Department, Code Enforcement, and the Public Works Department for closing an illegal dispensary on Lincoln Avenue last Thursday. He reported the opening of Jacaranda Park, the first dog park in District 5. He thanked Reborn Cabinets for participating in Baths for the Brave and installing a new bathroom for a veteran and Anaheim High School graduate. He reported he joined his colleagues at the Veterans Day Ceremony last Monday, thanked residents for attending a District 5 Town Hall meeting at St. Anthony Claret Church, and his participation with Community Policing Officer Arlene Harris on a flashlight walk with residents in the Via Frontera community. He wished Ms. Harris well on her upcoming retirement and wished all a Happy Thanksgiving. Council Member Brandman reported he met with Esther Wallace and WAND about the homeless shelter proposal and ad hoc committee where attendees were supporting of exploring the shelter and looked forward to additional information. He reported his attendance at the Orange County Water District and Orange County Sanitation District's final expansion groundbreaking ceremony of the Groundwater Replenishment System on November 8 and wished everyone a Happy Thanksgiving. Council Member Moreno shared information about a community meeting regarding the Anaheim Ballet, announced an Orange County Congregation Community (OCCO) forum on housing, the census, and immigration on November 21 at St. Boniface Catholic Church, and thanked staff for meeting with him about activating vacant properties as community amenities and for providing him with the supplemental budget list. He requested an agenda item in December for Adela Cruz from the Anaheim Union High School District to present on the consequences of student homelessness, concurred by Council Members Brandman and Faessel. He requested the meeting adjourn in the memory of the victims of the Saugus High School shooting. Mayor Pro Tem Kring acknowledged all involved with the Veterans Day Ceremony and showed a video highlighting the event. She thanked the staff for presenting at the District 4 Town Hall meeting and displayed a map of where the Mosquito and Vector Control Board would be spraying November 22-26. She reported her attendance at the Meet on Beach event and announce the Muzeo's upcoming bowling event at Lucky Strike on Thursday. She requested the meeting adjourn in memory of the 24 homeless individuals who died in Orange County in October and the victims of the Saugus City Council Minutes of November 19, 2019 Page 18 of 18 High School shooting. She also requested the City Manager address cleaning the Carbon Creek Channel and the homeless in the area and wished everyone a Happy Thanksgiving. Council Member O'Neil reported the Southern California Association of Governments (SCAG) had been working through the Regional Housing Needs Allocation (RHNA) process and SCAG staff had recommended a methodology to fairly distribute the RHNA requirements across the region. However, at the last meeting, a different methodology was approved by the SCAG members, which shifted the burden to Orange County. He reported that Anaheim's RHNA number was approximately 17,000 under the SCAG recommendation but was now approximately 24,000. He stated Orange County was pursuing an appeals process. Mayor Sidhu thanked the staff for their work and wished everyone a Happy Thanksgiving. ADJOURNMENT: At 9:28 P.M., Mayor Sidhu adjourned the November 19, 2019 meeting in memory of the 24 homeless deaths in Orange County in October and the victims of the Saugus High School shooting. Respectfull submitted, —4811", 41101.111.6 a Ba•s, CMC City Clerk