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02/04/2020 ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF FEBRUARY 4, 2020 The regular meeting of February 4, 2020 was called to order at 3:00 P.M. and adjourned for lack of a quorum. The regular adjourned meeting of February 4, 2020 was called to order at 3:30 P.M. in the chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on January 30, 2020. PRESENT: Mayor Harry Sidhu and Council Members Stephen Faessel, Jose F. Moreno, and Trevor O'Neil. Council Members Denise Barnes, Jordan Brandman, and Lucille Kring joined the meeting during closed session. STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Theresa Bass ADDITIONS\DELETIONS TO CLOSED SESSION: None City Attorney Robert Fabela announced Closed Session Item No. 02 relate to a tort claim received from the family of Eliuth Nava pertaining to a fatal officer-involved shooting. He also reported Closed Session Item No. 03 related to threatened litigation related to potential Brown Act violation pertaining to Council approval of the purchase and sale agreement regarding Angel Stadium property. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 3:32 P.M., Mayor Sidhu recessed to closed session for consideration of the following: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Ramos v. City of Anaheim et al, SACV 19-02313 DOC 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (d)(2) of Section 54956.9 of the California Government Code) Name of Case: One potential case 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (d)(2) of Section 54956.9 of the California Government Code) Name of Case: One potential case 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: State of California, et al., ex rel. OnTheGo Wireless, LLC v. Cellco Partnership d/b/a/Verizon Wireless, et al. (Sacramento Superior Court Case No. 34-2012-00127517) At 5:07 P.M. Mayor Sidhu reconvened the Anaheim City Council. City Council Minutes of February 4, 2020 Page 2 of 15 INVOCATION: Pastor Joel Van Soolen, Anaheim Christian Reformed Church FLAG SALUTE: Mayor Pro Tem Stephen Faessel Acceptance of Other Recognitions (To be presented at a later date): Recognizing February 17, 2020, as Random Acts of Kindness Day Recognizing February 2020, as Make Kindness Contagious Month At 5:10 P.M., Mayor Sidhu called to order the 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 new 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. R. Joshua Collins, Homeless Advocates for Christ, encouraged City Council to work towards more permanent supportive housing. He requested an update on Mayor Pro Tern Faessel's request to staff regarding confirmation of 30-day kick-outs at local homeless shelters. He encouraged City Council to consider a walk-in shelter in Anaheim. William Fitzgerald, Home Owners Maintaining Our Environment, expressed opposition to Item No. 14 and expressed concern regarding corruption on the City Council. Matt Bates, City Net, expressed his support for Item No. 14 and encouraged City Council to pass the item as he believed this would positively influence the community. Peter Warner expressed his concern regarding Mercy House bus drivers and encouraged City Council to place future homeless shelters closer to bus stops. Jay Cole, Americana Hotel resident, reported he has not heard back from the City regarding his inquiry as to why the Housing Authority will not allow open bible studies and requested an update. He expressed concern with the way the Housing Authority dealt with him when he attempted to pay his rent and asked City Council to investigate. He also requested a formal, third-party investigation of the Housing Authority. He expressed his support for the Salvation Army regarding Item No. 14. John Acosta expressed his concern regarding Item No. 14 and encouraged City Council to select the Salvation Army and to spread the location of homeless shelters across the districts. Jeanine Robbins encouraged City Council to form an independent Citizen's Oversight Committee to address concern within the shelters. Mike Robbins expressed concern regarding Item No. 14 and asked the shelters not be built in District 5. He expressed his support for the formation of an independent Citizen's Oversight Committee to address concern within the shelters. City Council Minutes of February 4, 2020 Page 3 of 15 Dana Cisneros expressed her concern regarding Item No. 13 and noted the developer misrepresented the rents of the Serrano Center tenants and encouraged City Council to investigate. She stated there may be an alleged Brown Act violation regarding a back-door discussion at the last City Council meeting between Council Member Brandman and Council Member Barnes and asked City Attorney Robert Fabela to investigate. Council Member Brandman refuted the Brown Act violation allegation. Susan Anderson expressed concern regarding communication to residents on Item No. 14 and encouraged City Council to be more transparent. She also believed her community near Beach Boulevard and Lincoln Avenue has been overlooked for a long time. Wes Jones expressed his concern regarding corrupt practices from City Council regarding Item No. 13 and encouraged City Council to select the Salvation Army proposal for Item No. 14. He expressed his support for the formation of an independent Citizen's Oversight Committee to address concern within the shelters. David Klawe addressed the passing of Esther Wallace. He thanked City Council and staff for arranging the Celebration of Life Reception at Brookhurst Community Center on February 7, 2020, from 5:00 P.M. to 7:00 P.M. He expressed his support for Item No. 08 and encouraged City Council to pass the item. He encouraged City Council to select the Salvation Army proposal for Item No. 14. Heather Porretta encouraged City Council to select the Salvation Army proposal for Item No. 14, as she believed this was a better place and urged Council to take action and build shelters to prevent homelessness. Elizabeth Hansburg, People for Housing — Orange County, expressed her support for Item No. 13 and thanked City Council for passing the item. She thanked Council for approving residences at Nohl Ranch to help end the housing shortage. Natalie Solon expressed her opposition to Item No. 13, encouraged City Council to reconsider keeping the Serrano Center, and shared her concern for traffic and the environmental impact. Andrea Phelps expressed her opposition to Item No. 13, encouraged City Council to reconsider demolishing the Serrano Center, and shared her concern for traffic safety. Brian Walker expressed his opposition to Item No. 14 and asked Council to reconsider this item as well as to address mental issues and drug and alcohol usage. Leila Heydari expressed her opposition to Item No. 13 and encouraged City Council to reconsider approving the item. She spoke in favor of keeping the Serrano Center that services local community. Timothy Graham expressed his opposition to Item No. 13 and encouraged City Council to reconsider approving the item. He noted the development does not fit the character of the neighborhood and felt there were better properties for this development. City Council Minutes of February 4, 2020 Page 4 of 15 Dennis Betschel expressed his opposition to Item No. 13 and encouraged City Council to reconsider approving the item. He expressed his disappointment in Council Member Barnes and noted the development goes against everything she supports. In response to Mr. Betschel's comments and asked for a face-to-face meeting to discuss his concerns. Mark Richard Daniels encouraged City Council to select the Salvation Army proposal for Item No. 14. He expressed concern City Council does not have a formal plan for a long-term homeless solution. Rouhina Mehregan expressed her opposition to Item No. 13 and encouraged City Council to reconsider approving the item. She expressed concern regarding the fire evacuation plan for Anaheim Hills and does not feel it will accommodate the additional residents. Ilene Corbett expressed her opposition to Item No. 13 and encouraged City Council to reconsider approving the item. She also expressed concern the developer has not disclosed the accurate rent for each tenant. Bill Bailor, Muzeo Museum and Cultural Center, invited City Council and residents to the National Geographic 50 Greatest Photographs exhibit running through August. He also noted the Muzeo Award Celebration will take place on March 7 and encouraged all districts to nominate a resident for their community work. Larry Rosenberg, Anaheim Ballet, spoke regarding the mission of Anaheim Ballet and the benefits it provides to participants and the community. He shared two of Anaheim Ballet's students won scholarships and will be representing the City in New York. Fred Cartozian reported he is the applicant of a proposed RV Storage facility to be located at 2720 West Lincoln Avenue and expressed concern regarding the permit process and the proposed easements. Mayor Sidhu requested Deputy City Manager Dave Belmer investigate the issue. Kirk Cartozian continued the discussion of the RV Storage facility and encouraged City Council to assist with a resolution. Bryan Kaye expressed concern regarding the actions of members of the Anaheim Police Department. Kenneth Batiste expressed concern regarding Item No. 13 and felt the developer was working in conjunction with corrupt members of City Council. He also expressed his concern regarding Item No. 14 and felt the burden of homeless shelters should be shared by all districts. CITY MANAGER'S UPDATE: City Manager Chris Zapata reported he attended the Large Cities Executive Forum in Austin, TX on January 24-25 and the City's negotiating team would be meeting with the Angels on Friday, February 7 to continue the process of implementing the Purchase and Sale Agreement by discussing the Disposition and Development Agreement, the lease agreement assignment, the Angels commitment to stay in Anaheim, and the makeup of SRB Management Company. In response to City Council Minutes of February 4, 2020 Page 5 of 15 Council Member Moreno, City Manager Zapata confirmed that additional items such as a public timeline and community benefits would be discussed at a later time. At 6:39 P.M., Mayor Sidhu recessed the Anaheim City Council to address the Anaheim Housing Authority agenda and reconvened at 6:40 P.M. CONSENT CALENDAR: At 6:40 P.M., the consent calendar was considered with Council Member Barnes pulling Item No. 04 and Council Member Moreno pulling Item No. 13 for separate discussion and consideration. MOTION: Mayor Pro Tem Faessel moved to adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil). NOES — 0. Motion carried. B105 3. Receive and file minutes of the Public Utilities Board meeting of December 18, 2019. 5. Accept the bid and approve an agreement with Kleenway Services, Inc., in the amount of AGR- $1,345,655 plus a 20% contingency, for custodial services for a one year period with up to six 11896 one-year optional renewals and authorize the Purchasing Agent to execute the agreement and exercise the renewal options in accordance with Bid #9345. 6. Accept the bid from American Air Filter Co., Inc. (AAF Flanders), in the amount of$28,085.02 D180 plus applicable tax and a 20% contingency, to provide HVAC filters on an as-needed basis for the Public Works Department and the Anaheim Convention Center for a one year period with four optional one-year renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9385. 7. Rescind the acceptance of the bid to Pictometry International Corp. made on May 7, 2019 D180 from Bid #9270, due to the awarded vendor requesting additional terms and conditions that the City is unable to accept; accept the bid from the next lowest responsive bidder, Media Arts LLC, and ratify the issuance of a master agreement, in the amount of$62,000 plus applicable tax, to provide aerial photography of Orange County, CA for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9270. 8. Approve Master Agreements, in substantial form, with three contractors, in the total aggregate AGR- not to exceed amount of$1,000,000 per fiscal year, with individual work order packages not to 11897; exceed $500,000, for demolition, disposal/debris removal, erosion and sediment control on an AGR- as needed basis for a two year term with two additional two-year renewal options; authorize 11898; de minimis changes that do not substantially change the term and conditions of the AGR- agreements, as long as such changes are determined to be de minimis by the City Attorney, 11899 and authorize the Director of Community & Economic Development, or designee, to execute and take the necessary actions to administer the agreements (American Integrated Services, Inc., Macro-ZTechnology, and Three D Service Company, Inc.) (Related to Housing Authority Item No. 01). City Council Minutes of February 4, 2020 Page 6 of 15 AGR- 9. Approve an Addendum to Agreement with W. Solutions, Inc. dba Wellness Solutions for 2892.G.0.2 services to administer the Wellness Incentive Program increasing the Agreement by less than $5,000 per year, for a total not to exceed amount of $200,000 per year, effective October 18, 2019, for the final two renewal terms of the Agreement and expanding the services provided to provide increased protections for the Police Department. AGR- 10. RESOLUTION NO. 2020-016 A RESOLUTION OF THE CITY COUNCIL OF THE 11952 CITY OF ANAHEIM (1) authorizing the City of Anaheim to participate in the statewide Clean Fuel Reward Program for Point-of-Purchase Electric Vehicle rebates; (2) approving the forms and authorizing the execution of a Joinder Agreement and deposit account agreement(s); (3) approving further actions in connection therewith; and (4) determining that actions authorized hereby are exempt from the California Environmental Quality Act pursuant to Sections 15060(c)(3) and 15378(b)(4) of Title 14 of the California Code of Regulations. 11. RESOLUTION NO. 2020-017 A RESOLUTION OF THE CITY COUNCIL OF THE P178 CITY OF ANAHEIM accepting irrevocable offers of dedication of certain real property and/or facilities (Adele Street, Cypress Street and Lots C, D, E, F and G. Also accepting Lot A (Avelina Way) and Lot B (Bellrose Way) as an easement for public utility, other public purposes, and emergency purposes including ingress and egress rights for maintenance purposes; Tract Map No. 17811). P124 12. RESOLUTION NO. 2020-018 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. 12340, 12341, 12342, and 12343; for public right-of-way purposes). END OF CONSENT CALENDAR: D116 4. Approve recognitions for the Anaheim Chamber of Commerce's 2020 Business Awards winners. Deputy City Manager Greg Garcia reported this item was requested by Mayor Sidhu to recognize the selected businesses. He stated he was not aware as to how the Anaheim Chamber of Commerce selected its award recipients. DISUCSSION: In response to Council Member Barnes' inquiry, Mr. Garcia noted Mayor Sidhu requested the recipients be recognized by the City Council so the recognition was agendized for City Council consideration as are other such recognitions. Mr. Garcia explained the process for individual Council Members to request recognitions for businesses via the agendizing process. Council Member Barnes suggested the list of businesses be available for public review to ensure the businesses are compliant with City regulations and codes. In response to Council Member Barnes' inquiry, Mr. Garcia reported this was a Chamber of Commerce event which was sponsored by the City as part of the agreement between the two entities. Council Member Barnes stated for the record she was still waiting for the Chamber of Commerce to respond to her request of how they are supporting businesses in West Anaheim. City Manager Chris Zapata reported staff will be working on an update to her request. City Council Minutes of February 4,2020 Page 7 of 15 Mayor Sidhu noted this was a Chamber of Commerce event to recognize businesses who support residents and City services. Council Member O'Neil noted he belongs to both the Anaheim and Orange Chambers of Commerce and such recognitions are not uncommon. He explained the Chamber of Commerce process and noted there was an internal committee, which may have included City staff, to select the recognized businesses. In response to Council Member Moreno's inquiry, Mr. Garcia acknowledged sometimes the business relationships were partnerships and, depending on the event, the degree of City involvement varied. Mr. Garcia advised he was unprepared to speak regarding the agreement with the Chamber of Commerce, but that he believed this recognition luncheon was a listed event in the agreement. Council Member O'Neil raised a point of order and noted the item was to approve a list of recognitions and not discuss the City's agreement with the Chamber of Commerce. Mayor Sidhu agreed with the point of order and advised Council Member Moreno to stay on topic. Council Member Moreno advised he would not support the item if the funding source could not be identified for this recognition and how City funds may be co-mingled for various purposes by the Chamber of Commerce. City Attorney Robert Fabela stated his concern when the discussion veers from a non-agendized topic. Council Member Moreno clarified he would not support the item as it could not be confirmed whether or not City resources are going to the Chamber of Commerce and being used for a political fundraising event. He further requested an opinion on the item from the City Attorney's office. Council Member O'Neil noted the Chamber of Commerce award winners are posted on their website, listed some of the winners, and offered his support for the recognition. MOTION: Council Member O'Neil moved to approve recognitions for the Anaheim Chamber of Commerce's 2020 Business Awards winners, seconded by Council Member Kring. DISCUSSION: Council Member Kring stated the date of a fundraiser had nothing to do with the City Council meeting schedule. She also noted the non-profit partners, such as the Chamber, provide the necessary staff and legwork to bring many events to fruition. Council Member Moreno noted the businesses which were briefly listed by Council Member O'Neil cause him concern as there may be quid pro quo happening with the recognized businesses due to campaign contributions. MOTION: Council Member O'Neil moved to approve recognitions for the Anaheim Chamber of Commerce's 2020 Business Awards winners, seconded by Council Member Kring. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil); NOES — 0; ABSTAIN — 1 (Council Member Moreno). Motion carried. City Council Minutes of February 4, 2020 Page 8 of 15 13. ORDINANCE NO. 6479 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to C280 zoning (Reclassification No. 2017-00309) (DEV2017-00039) [Reclassify the property from the C-G (General Commercial Zone) to the RM-3 (Multiple-Family Residential Zone); 54 attached, two and three story, single-family residential units with modified development standards] (6501-6513 Serrano Avenue; introduced at Council meeting of January 28, 2020, Public Hearing Item No. 14). Determine that the proposed Reclassification No. 2017-00309 to reclassify the property was adequately analyzed pursuant to the Environmental Impact Report certified in conjunction with the project on January 28, 2020. At 7:01 P.M., Council Member O'Neil recused himself from Item No. 13 due to a conflict of interest due to his public comments at the Planning Commission meeting and position regarding the project and left the dais. DISCUSSION: In response to Council Member Moreno's inquiry, Building and Planning Director Ted White advised the item was appearing on the agenda, as a part of the entire item, because the ordinance requires a second reading and adoption. The proposed ordinance would reclassify the property from the C-G zone to the RM-3 zone. Because it is a legislative act, it requires a second reading and adoption of the ordinance, followed by a 30-day referendum period. The other items related to the project do not appear as they were already approved, but he clarified the project would be denied if City Council opposed the current item, as the project is dependent on the reclassification. The only item that would remain is the General Plan Amendment. In response to Council Member Moreno's inquiry, Mr. White advised no further conditions could be placed on the project by City Council. Council Member Moreno reiterated his opposition to the item and his disappointment in Council Member O'Neil's early participation in the project which caused him to recuse himself from the item as better conditions could have been placed on the project. Council Member Moreno presented photos of the Pauline Street, Downtown 39 project and felt the residents opposed to that project were not properly heard or their concerns addressed with additional conditions. He cited several issues with the project including building height, access, and density, and felt the Serrano Project may have similar issues. He stated he could not support the item. Council Member Brandman reported he received an email from public commenter Ms. Cisneros and read it into the public record: Subject: Sincere Apologies Dear Council Members Barnes and Brandman, I want to apologize, it what I said this evening offended you. As you know, my neighbors are largely in the dark why you voted against the community of Anaheim Hills. At a meeting last night, it was disclosed to the residents at the meeting that a deal was struck between you behind closed doors. Since my community is preparing for potential litigation and a referendum, if needed, I felt it my duty to publically raise any issues that be of relevance and that includes potential or alleged Brown Act violations. That is why I asked the Council to investigate the issue. I really hope that the witness was not telling the truth and from Council Member Brandman's comments, it seems these allegations are flatly denied. I did not mean to accuse you of misdeeds but rather preserve the issue, if needed, and to encourage the investigation of an accusation. I hope you understand my concerns and I hope you can forgive me if I offended you. Sincerely, Dana Leigh Cisneros, Esq., The Cisneros Firm, a public law corporation. City Council Minutes of February 4,2020 Page 9 of 15 He expressed concerns regarding Ms. Cisneros using public comments for potential litigation, rather than communicating directly via email. He thanked public commenters who voiced their opinions with respect and helped make this a better project and expressed disappointment with residents who sent disrespectful and accusatory messages. MOTION: Council Member Brandman moved to approve Item No. 13 as presented, seconded by Council Member Kring. DISCUSSION: Council Member Kring noted a recent trip to San Juan Capistrano on the Metrolink and reported there were beautiful homes next to the railroad tracks. Council Member Barnes reported she received additional information since the initial vote was taken at the last City Council meeting. She advised she was not prepared to vote until she had an opportunity to review the new information. In response to Council Member Barnes' inquiry, City Attorney Robert Fabela advised a continuance to a date certain would simply move the second reading and vote to a new date. Council Member Barnes cited several reports from tenants and residents which she would like to investigate. Council Member Faessel expressed his support for the project and for affordable housing. In response to Council Member Barnes' inquiry, Mr. White advised he could provide her with building permit and code enforcement records. Mayor Sidhu expressed his opposition to the project, as this is not the right project at the right place or time. SUBSIDIARY MOTION: Council Member Barnes moved to continue Item No. 13 to February 11, 2020, seconded by Council Member Brandman. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, and Kring); NOES — 0; ABSTAIN -1 (Council Member O'Neil-recorded conflict/recusal). Motion carried; item continued to February 11, 2020. At 7:27 P.M., Council Member O'Neil returned to the dais. AGR- 14. Consider two proposals and select one to provide temporary shelter services, as submitted by 11285.1 the Salvation Army for 101 beds proposed at 1455 S. Salvation Place, in an amount not to exceed $1.73 million annually, plus one time capital costs, for a two year term with two one- year renewal options; and Illumination Foundation for 100 beds proposed at 1125 N. Magnolia Avenue, in an amount not to exceed $2.38 million annually, for a twenty year term with five five-year renewal options. Authorize the City Manager to enter into an agreement with the preferred provider, including any related agreements and/or documents, and take all actions necessary to administer the agreement and implement the additional temporary shelter beds and services; increase the City Administration Fiscal Year 2019/20 budget accordingly; and determine this action 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. City Council Minutes of February 4, 2020 Page 10 of 15 DISCUSSION: City Manager Chris Zapata reported this was brought forward at the request of Council Member Brandman, an ad hoc committee had been created which met several times, and the process was completed quickly. Community Preservation and Licensing Manager Sandra Sagert reported a meeting was requested to be set up within 10-days of the November 5, 2019 Council meeting. Staff facilitated a meeting within 48 hours with the ad hoc committee and relevant staff to discuss homelessness and shelter conditions. She shared the main components of the Temporary Emergency Shelter Request for Proposal (RFP) included a temporary emergency shelter with 50 to 100 beds, citywide location with a preference in District 2, a focus on women, families, couples, and pets, a City commitment to expedite, a preferred public-private partnership, and a two-year contract with two one-year optional extensions. She noted the ad hoc committee requested Council be provided information about surrounding area shelters. She reported the Placentia shelter is proposed to provide up to 100 beds and is slated to open this spring, the Buena Park shelter is proposed to provide up to 150 beds and is slated to open this summer, and the Fullerton shelter is proposed to provide up to 150 beds and is slated to open in the fall. In response to public comments, she noted the Be Well OC facility in the City of Orange is slated to assist in the area of mental health services in the next 12 months. Ms. Sagert provided a brief overview of the RFP process. She reported the deadline for submission for the RFP was December 17, 2019, and staff received two (2) proposals, one from Illumination Foundation and the other from The Salvation Army. She reported both operators were invited to interview and present their proposals on January 8, 2020. She advised on January 17, 2020, the ad hoc committee met for the final time to discuss the review team's scoring and assessment of the proposals based on the criteria set forth in the RFP. She briefly reviewed the key criteria of the RFP, noting neither proposal included a location in District 2. In terms of readiness, The Salvation Army complied with the 90-120 days while Illumination Foundation needed until September 2020, as well with the two-year term, while Illumination Foundation sought a 20-year term. She compared the construction and operating costs of the proposals as well as the number of beds included. Ms. Sagert thanked both entities for their work, willingness to develop a shelter, and for working with the City. Ms. Sagert advised the Salvation Army's proposal met the contract term, readiness, and flexibility of the city's requirements listed in the RFP and is the recommended proposal from staff and the ad hoc committee. She noted that the ad hoc committee requested both proposals be presented to Council for review. She stated the actions being requested by Council to select The Salvation Army as the provider, approve an agreement and authorize the City Manager to enter into and administer the agreement, increase the City Administration budget, and make environmental determination according to the stated California Environmental Quality Act (CEQA) sections as well as CEQA Section 15269(c) related to emergency projects, consistent with the City's declaration of an emergency shelter crisis. DISCUSSION: Mayor Sidhu thanked the ad hoc committee for their diligence in completing the RFP process. He clarified the addition of shelter beds was needed so the anti-camping laws can be enforced. He stated expanding the relationship with The Salvation Army was the most effective way forward. He thanked Illumination Foundation for their proposal and their great work at the La Mesa Shelter, but he felt it was not the right time for a shelter in District 1. Council Member Kring expressed her support for The Salvation Army and thanked Mayor Pro Tern Faessel and Council Member Brandman for their work. City Council Minutes of February 4, 2020 Page 11 of 15 MOTION: Council Member Kring moved to select The Salvation Army proposal, seconded by Council Member Barnes. DISCUSSION: In response to Council Member O'Neil's inquiry, Ms. Sagert advised the City is in danger of being unable to enforce the City's Anti-Camping Ordinances as there have been days where the shelters are full, particularly for women. She noted the City has applied for$8,500,000 in state grants and will continue to look for additional funding opportunities. Mr. Zapata added that another round of funding is anticipated and the City will continue to advocate for such funds. Council Member Faessel noted that District 5 has done a lot of work in accommodating shelter beds and he believed the remaining districts would step forward to address this issue. However, he understood that the City was experiencing time constraints and protecting the City's Anti-Camping laws was most important. He thanked Illumination Foundation and the Salvation Army for their partnership with the City. He expressed his support for the Salvation Army proposal. He thanked Bill Taormina for his support of Be Well OC and looked forward to its opening to help address mental health. Council Member Barnes addressed the locations of the proposed shelters and requested to make a motion to support more motel conversions citywide until each district has one in order to support permanent supportive housing. City Attorney Robert Fabela advised she would need to make a request during the Council Communications period as this was outside the scope of the current agenda item. Council Member Moreno expressed his support for motel conversions to support permanent supportive housing and supported exploring an inclusionary affordable housing policy. MOTION: Council Member Kring moved to select the proposal by the Salvation Army to provide temporary shelter services for 101 beds proposed at 1455 S. Salvation Place, in an amount not to exceed $1.73 million annually, plus one time capital costs, for a two year term with two one-year renewal options and authorize the City Manager to enter into an agreement with The Salvation Army including any related agreements and/or documents, and take all actions necessary to administer the agreement and implement the additional temporary shelter beds and services; increase the City Administration Fiscal Year 2019/20 budget accordingly; and determine this action 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, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. Council Member Kring left the meeting at 7:57 P.M. B105 15. Consider appointments to the Youth Commission to serve a term, ending August 31, 2021 (continued from City Council meeting of January 14, 2020). Youth Commission (6 appointments): District 4 appointment: (one (1) appointment) District 4 appointment continued to a future meeting. City Council Minutes of February 4, 2020 Page 12 of 15 District 5 appointment: (one (1) appointment) Haven Enriquez NOMINATION: Mayor Pro Tem Faessel nominated Haven Enriquez. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, and O'Neil); NOES — 0; ABSENT— 1 (Council Member Kring). Motion carried; appointment approved. District 6 appointments: (two (2) appointments) Aris Castro NOMINATION: Council Member O'Neil nominated Aris Castro. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, and O'Neil); NOES —0; ABSENT — 1 (Council Member Kring). Motion carried; appointment approved. Asher Parra NOMINATION: Council Member O'Neil nominated Asher Parra. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, and O'Neil); NOES — 0; ABSENT— 1 (Council Member Kring). Motion carried; appointment approved. Mayoral appointments: (two (2) appointments) Mayoral appointments continued to a future meeting. In response to Council Member Moreno's inquiry, City Clerk Theresa Bass clarified the Youth Commission does currently have a quorum and will hold their first meeting in March. PUBLIC HEARING: 16. This is a public hearing to consider adopting the 2019 Edition of the California Fire Code and the 2019 California Building Standards Codes: California Building Code; California Residential M142 Code; California Electrical Code; California Mechanical Code; California Plumbing Code; California Energy Code; California Historical Building Code; California Existing Building Code; California Green Building Standards; California Referenced Standards Code; and 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings. ORDINANCE NO. 6477 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Chapter 15.03 and adding new Chapter 15.03 to Title 15 of the Anaheim Municipal Code pertaining to the California Building Standards Codes (Introduced at Council meeting of January 14, 2020, Item No. 24). ORDINANCE NO. 6478 (ADOPTION)AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing existing Chapter 16.08 and adding new Chapter 16.08 to Title 16 of the Anaheim Municipal Code pertaining to the California Fire Code (Introduced at Council meeting of January 14, 2020, Item No. 24). City Council Minutes of February 4, 2020 Page 13 of 15 Determine the proposed ordinances are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that adoption of the ordinances may have a significant change on the environment. DISCUSSION: Building and Planning Director Ted White advised the item is the second reading and final adoption of the 2019 Edition of the California Building Standards Codes and the 2019 California Fire Code. Building Official Terry Alford provided a brief overview of the adoption process and noted, pursuant to State law, the public hearing is held in conjunction with the second reading of the Ordinances. He reported the purpose of building codes is to ensure safe construction for the occupants, provide consistency and general uniformity in construction throughout the state and county, and to facilitate plan checks, field inspections, and the permitting process by setting clear and consistent standards. Mr. Alford reported the California Building Standards Code is updated every three (3) years and provided a brief overview of the differences between the 2016 and 2019 versions, primarily clarifications not significant changes. He noted changes as including expanded electrical vehicle charging requirements, validity of permits for one year rather than six months, increased solar requirements for new homes, and additional energy efficiency requirements. He advised local amendments are the same as the 2016 code cycle and no new local amendments are proposed. Fire Marshal Allen Hogue provided a brief overview of the Fire Code and noted there are very few changes from the 2016 code cycle. He advised two (2) notable changes are On-Demand Mobile Fueling Operations and enhanced Emergency Responder Radio Coverage. Lastly, he advised there are no local amendment changes. Mayor Sidhu opened the public hearing. Paul Hyek advised Bridges at Kraemer is not up to building codes and suggested City Council investigate the issues. Peter Warner encouraged City Council to look for potential temporary shelter buildings that are up to the building codes. William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern regarding fire codes in the homeless shelters. He expressed concern the nightly fireworks from Disneyland create an air-quality and health hazard. Mayor Sidhu closed the public hearing. MOTION: Council Member Brandman moved to approve Item No. 32 as presented, seconded by Council Member O'Neil. DISCSSION: In response to Council Member Moreno's inquiry, Mr. Alford confirmed the Building and Fire Codes need to be updated per State law. He further clarified there are four(4) amendments to the Ordinances and pertain to permitted roofing materials, concrete and masonry foundation walls, swimming pool barriers, and small electrical wire installations and are intended to mitigate local life City Council Minutes of February 4, 2020 Page 14 of 15 safety concerns such as fire hazards and seismic conditions and included marginal cost increases. Lastly, he noted no opposition has been received in response to the amendments. MOTION: Council Member Brandman moved to approve ORDINANCE NO. 6477 (ADOPTION)AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Chapter 15.03 and adding new Chapter 15.03 to Title 15 of the Anaheim Municipal Code pertaining to the California Building Standards Codes (Introduced at Council meeting of January 14, 2020, Item No. 24); ORDINANCE NO. 6478 (ADOPTION)AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing existing Chapter 16.08 and adding new Chapter 16.08 to Title 16 of the Anaheim Municipal Code pertaining to the California Fire Code (Introduced at Council meeting of January 14, 2020, Item No. 24); and determine the proposed ordinances are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that adoption of the ordinances may have a significant change on the environment, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, and O'Neil); NOES —0; ABSENT -1 (Council Member Kring). Motion carried; ordinances adopted. REPORT ON CLOSED SESSION ACTIONS: City Attorney Robert Fabela announced all items were heard and reported Item No. 04 authorized a settlement in the amount of$77,908.43, acceptance of that amount to settle the case, and for consent to release non interveners. (VOTE: AYES —6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, and O'Neil); NOES—0; ABSENT— 1 (Council Member Kring)). PUBLIC COMMENTS (non-agenda items): None COUNCIL COMMUNICATION: Council Member Barnes addressed the passing of Esther Wallace, offered condolences, and shared her experiences with Ms. Wallace through the West Anaheim Neighborhood Development Council (WAND). She requested an agenda item to issue a Request for Proposals for motel conversions to permanent supportive housing citywide, one per district, concurred by Council Members Brandman and Moreno. She requested the West Anaheim Youth Center be renamed as the Esther Wallace Community Center. In response, City Manager Chris Zapata reported staff was researching practices, policies, and criteria regarding naming facilities and would report back to the City Council. Council Member Brandman provided a tribute to Esther Wallace, noting her commitment to the Magnolia School District, and shared his history and experiences with Ms. Wallace. Council Member O'Neil shared his continued opposition to the proposed Serrano Center project, stating there were other more-suitable sites in Anaheim Hills for housing developments. He acknowledged pressure from the State to provide more housing but stressed a need to not permanently change existing neighborhoods and recommended the process to allocate Regional Housing Needs Allocation (RHNA) numbers be looked at in the future. He stated the Ad Hoc Housing Committee would soon bring forward recommendations to spur housing development at all levels and encouraged his colleagues to engage with residents and preserve a valuable neighborhood center. Mayor Pro Tem Faessel requested the meeting adjourn in memory of Esther Wallace. He reported his attendance at a Love Anaheim project at Edison Park, the Cambria Hotel ribbon-cutting, the City Council Minutes of February 4, 2020 Page 15 of 15 Sycamore Junior High School envisioning meeting, the re-branding event of the Youth Protection Program as the Priority Center, and the Black History Parade. Council Member Moreno thanked Code Enforcement staff for a meeting with residents regarding local apartment conditions and reported his participation in the Black History Parade, thanking the organizers and volunteers. He requested a memo from the City Manager or City Attorney regarding the City's role in the implementation phase and enforcement of AB1482 regarding rent stabilization and just-cause evictions and a separate memo regarding how the City evaluates its homeless shelters, their effectiveness, and the operators. He thanked the Public Works Department for installing signage and solar-powered flashing lights on Anaheim Boulevard for pedestrian safety and asked to research placing the same on Harbor Boulevard. He looked forward to hearing the proposals from the Housing Ad Hoc Committee and shared his appreciation for Esther Wallace. Mayor Sidhu acknowledged Esther Wallace and her contributions to the community. ADJOURNMENT: At 8:47 P.M., Mayor Sidhu adjourned the February 4, 2020, meeting in memory of Esther Wallace. Res.- I submitted, eresa Bass, CMC City Clerk