03/10/2020 ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED MEETING
OF MARCH 10, 2020
The regular meeting of March 10, 2020 was called to order at 3:00 P.M. and adjourned for lack of a
quorum. The regular adjourned meeting of March 10, 2020 was called to order 3:32 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 March 5, 2020.
PRESENT: Mayor Harry Sidhu and Council Members Stephen Faessel, Denise Barnes,
and Trevor O'Neil. Council Members Jordan Brandman and Lucille Kring joined
the meeting at 3:35 P.M. Council Member Jose F. Moreno 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:
City Attorney Robert Fabela announced Closed Session Item No. 2 pertained to potential litigation
regarding the Nohl Ranch project and would be heard last.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Moses Johnson stated AFSCME was present again due to its inclusion on the Closed Session
agenda. He noted it had been over 11 years since management employees had received a fully
funded range increase and the management employees felt they had suffered compaction with the
people they supervise and manage. He also noted that the Confidential employees should receive
the same treatment as the management employees and the groups should not be divided.
Heather Fuller, Public Works Department, stated she represented the Confidential staff and noted
their work and support increases along with management increases, yet they felt the City did not
adequately compensate them monetarily or otherwise nor does the City believe they deserve the
same. She stated the cost of living has increased without a corresponding increase in pay. She
asked Council to acknowledge the valuable work of management and confidential employees and
ensure they are not left behind in fiscal compensation.
Cody Allman, Public Works Department, stated he has worked for the City in both part-time and full-
time positions, is very appreciative of his job, and he cares greatly for his fellow employees and
others who visit the City facilities in which he works. While being thanked for work and contributions
was nice, he felt actions spoke louder and hoped Council would show staff that they were invaluable.
CLOSED SESSION: At 3:39 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: Elaine Estrada v. City of Anaheim, et al., Orange County Superior Court Case
No. 30-2019-01105228
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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 LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Human Resources Director
Name of Employee Organization: Anaheim Police Management Association
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Human Resources Director
Name of Employee Organization: American Federation of State, County and Municipal
Employees (General Management, Professional/Technical, and Confidential Units)
At 5:09 P.M., Mayor Sidhu reconvened the Anaheim City Council.
INVOCATION: Pastor Chris Warner, The Cove Church
FLAG SALUTE: Council Member Jose F. Moreno
Acceptance of Other Recognitions (To be presented at a later date):
Recognizing Kyle Chen, Andrea Grande, Luis LaParra, Jonathan Maldonado, and
Monserrat Robles as Good Samaritans who assisted senior resident Marilyn Worden,
who was experiencing car trouble.
Mayor Sidhu thanked the recipients for their service and presented each a proclamation.
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 the spread of
COVID-19 and alleged issues at the Disneyland Corporation.
R. Joshua Collins, Homeless Advocates for Christ, encouraged City Council to work towards a walk-
in homeless shelter and to consider providing free bus-passes or a call-in option to have their voices
heard at City Council meetings.
William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern regarding Mayor
Sidhu's alleged policy against allowing residents to speak freely at City Council meetings.
Mayor Sidhu refuted the allegations of Mr. Fitzgerald for the record.
Council Member Moreno stated the City Council supports the free speech of City Council
attendees.
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Lou Noble expressed concern that homeless service animals were being taken and confiscated from
their owners. He encouraged City Council to provide more beds for women in the local homeless
shelters.
Moses Johnson expressed his support for Item No. 04 and encouraged City Council to deny the
request for rehearing. He thanked Mayor Sidhu and Council Member Moreno for objecting to the
Serrano project.
Genny Johnson expressed her support for Item No. 04 and encouraged City Council to deny the
request for rehearing, as she believed this was not the right project for the size of the lot.
Paul Hyek reported churches may house up to twelve people per night in their multi-purpose room.
He also encouraged City Council to create more walk-in shelters and to provide bus passes to the
homeless.
Vance D. Dizney encouraged City Council to explore installing an adjustable center wall to allow for
better traffic flow during high traffic congestion.
Mike Robbins expressed concern regarding the City's response to the COVID-19 crisis and
encouraged City Council to take immediate action. He also encouraged City Council to work together
and leave political issues aside.
Falon expressed her support for the Anaheim Ballet and encouraged City Council to support their
efforts. As a resident of District 3, she asked City Council to consider keeping Anaheim Ballet in the
area as it offers safety, development, and growth.
Christine Lee Smith encouraged City Council to allow a home sharing distinctly different from Short
Term Rentals (STRs), highlighted the benefits, and encouraged City Council to revisit the ordinance.
Larry Rosenberg expressed his support for the Anaheim Ballet and encouraged City Council to
support their efforts.
Alfredo Heredia expressed concern that some Council Members seeking re-election may be profiting
from political campaign contributions and encouraged them to work for the residents of Anaheim.
Linda Cherney expressed her support for Item No. 22 and encouraged City Council to pass the item.
Bryan Kaye expressed concern regarding the treatment of mentally ill residents who interact with the
Anaheim Police Department.
Kenneth Batiste expressed concern regarding corruption on the City Council and felt they were not
working for what is important to Anaheim residents. He stated his belief that the Angels agreement
was not transparent and shared he was running for District 5.
Igmar Rodas thanked the Anaheim Police Department for addressing his issue.
Dave Duran expressed concern regarding the actions of some members of the City Council and
alleged potential corruption.
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CITY MANAGER'S UPDATE:
City Manager Chris Zapata and Public Information Officer Mike Lyster provided an update on the
City's response to and preparation for Coronavirus. Council Member Moreno suggested this topic be
agendized by the Mayor or City Manager in the future to allow Council discussion and direction to
staff and recommended a task force be created.
City Manager Zapata further announced the Public Works team was recently awarded the Orange
County Chapter of the American Society of Civil Engineers' Community Project of the Year Award for
the La Mesa Homeless Shelter. He also reported staff would provide an update on the new shelter
and the City's services in April.
CONSENT CALENDAR: At 6:22 P.M., the consent calendar was considered with Council Member
Moreno pulling Item Nos. 02 and 15 and Council Member Barnes pulling Item No. 11 for separate
discussion and consideration.
MOTION: Council Member Kring 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 Barnes. ROLL CALL VOTE:
AYES —7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and
O'Neil); NOES — 0. Motion carried. (Item No. 04: Council Member O'Neil recorded an abstention.
ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman,
Moreno, and Kring); NOES — 0; ABSTAIN — 1 (Council Member O'Neil). Motion carried.)
B105 1. Receive and file minutes of the Library Board meeting of January 13, 2020 and the Public
Utilities Board meeting of January 22, 2020.
D117 3. Approve the Investment Portfolio Report for January 2020.
C280 4. Deny the request for rehearing of the City Council's action on February 11, 2020, failing to
adopt Reclassification No. 2017-00309, thereby denying Conditional Use Permit No. 2017-
05931, Miscellaneous Case No. 2017-00654, Vesting Tentative Tract Map No. 18104, and
Specimen Tree Removal Permit No. 2018-00006 for a 54-unit attached single family
residential project(originally proposed as 58-units) at 6501-6513 Serrano Avenue.
Item No. 04: Council Member O'Neil recorded an abstention. ROLL CALL VOTE:AYES— 6 (Mayor
Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, and Kring); NOES— 0;ABSTAIN
— 1 (Council Member O'Neil). Motion carried.
5. Accept the bids of ICONIX Waterworks (US) Inc., S&J Supply Co. Inc., and Ferguson
D180 Waterworks, in the respective amounts of$36,831.41, $33,961.18, and $25,221.55, plus
applicable taxes, for the purchase of water materials to replenish utility warehouse inventory
items back to normal stock levels and authorize the Purchasing Agent to issue Purchase
Orders in accordance with Bid #9387.
D180 6. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a master agreement to Axon Enterprise, Inc., in the amount of$40,835 plus
applicable tax, for the purchase of five Unmanned Aerial Systems, accessories, licensing, and
support for a three year period and authorize the Purchasing Agent to make future purchases
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of this equipment and related services, renew the maintenance and support agreements, and
execute any and all documents necessary to complete the transactions, subject to available
budget appropriations.
AGR- 7. Approve an agreement with Valiant Global Defense Services, Inc., in the amount of
11970 $1,450,000, for intelligence analyst services for a one year period with a two year optional
renewal term with a total not to exceed amount of$4,350,000, the costs for which are
reimbursed by the Urban Area Security Initiative grant funding, and authorize the Chief of
Police to execute any amendments or renewal options under the terms and conditions of the
agreement.
AGR- 8. Approve a reimbursement agreement with the Orange County Water District, in the amount of
11971 $350,000 with a 20% contingency, related to water quality treatment testing and consulting
services for per- and polyfluoroalkyl substances and authorize the Public Utilities General
Manager, or designee, to execute the agreement and related documents and take the
necessary actions to administer the agreement.
AGR- 9. Approve an agreement with Plug In America, in an amount not to exceed $219,750 with a
11972 10% contingency, for electric vehicle ride and drive events and related services for a term of
three years with up to two one-year extensions and authorize the Public Utilities General
Manager, or designee, to execute the agreement and any related documents and take
necessary actions to administer the agreement.
AGR 10. Approve the Second Amendment to Agreement with the County of Orange Social Services
7107.C. Agency to receive an additional $65,000, for a total maximum amount of$2,027,000, for the
0.2 contract period July 1, 2017 to June 30, 2020 for the provision of Vocational Training Activities
and authorize the Director of Community and Economic Development, or designee, to execute
and administer the amendment and any future modifications.
AGR- 12. Award Master Agreements for landscape and irrigation maintenance, repair, construction, and
11973; immediate response, in an amount not to exceed $250,000 per work package with no more
AGR- than three work order packages open at one time per contractor, for a period of three years
11974; with three qualified bidders (Brightview Landscape Services, Inc.; CG Landscape, Inc.; and So
AGR- Cal Land Maintenance, Inc.); authorize minimal changes that do not substantially change the
11975 term and conditions of the agreements, as long as such changes are determined to be
minimal by the City Attorney; and authorize the Director of Public Works to execute and
administer the Master Agreements and take the necessary actions to implement the
agreements.
AGR- 13. Award Master Agreements for slurry seal and crack seal services, in an amount not to exceed
11976; $100,000 per work order with no more than three work order packages open at one time per
AGR- contractor, for a one year period with four one-year optional renewals with three qualified
11977; bidders (All American Asphalt, American Asphalt South, Inc., and Roy Allan Slurry Seal, Inc.);
AGR- authorize minimal changes that do not substantially change the term and conditions of the
11978 agreements, as long as such changes are determined to be minimal by the City Attorney; and
authorize the Director of Public Works to execute and administer the Master Agreements and
take the necessary actions to implement the agreements.
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AGR- 14. Approve the Engineering Services Agreement with GHD, Inc., in an amount not to exceed
11979 $215,000, for the design of the Del Monte Drive Sanitary Sewer Improvements from Knott
Avenue to Bella Vista Street Project and authorize the Director of Public Works to execute the
agreement and related documents and take necessary actions to administer the agreement.
D175 16. RESOLUTION NO. 2020-025 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting an irrevocable offer of dedication for public park purposes
(Jacaranda Park, Parcel A of Parcel Map No. 2015-174).
R100 17. RESOLUTION NO. 2020-026 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the Director of Community Services or designee to submit
grant application(s) to the California State Library for the Shared Vision Community
Partnership Grant and Bringing Library to You: Mobile Library Solutions Grant on behalf of the
City of Anaheim, and if awarded, authorize the acceptance of such grants on behalf of the City
and amend the budget for the fiscal year accordingly (Applications for total grant funds up to
$500,000 for the Anaheim Public Library System).
D129 18. RESOLUTION NO. 2020-027 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing persons holding certain designated positions to execute
Emergency Management and Homeland Security grant documents for and on behalf of the
City of Anaheim for the purpose of obtaining certain federal financial assistance and/or state
financial assistance and rescinding Resolution No. 2017-128.
C280 19. ORDINANCE NO. 6480 (ADOPTION)AN ORDINANCE OF THE CITY OF ANAHEIM
amending Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim
Municipal Code relating to uses in the Mixed Use Overlay Zone and making findings and
determinations in connection therewith [allow banquet halls in the Mixed Use (MU) Overlay
Zone subject to the approval of a conditional use permit] (Introduced at Council meeting of
February 11, 2020, Item No. 19).
20. ORDINANCE NO. 6481 (ADOPTION)AN ORDINANCE OF THE CITY OF ANAHEIM
C280 amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to
zoning (Reclassification No. 2019-00327) (DEV2019-00019) [The Colony House, 401 North
Anaheim Boulevard; add the "MU" Mixed Use Overlay Zone classification to the property's
existing "C-G" General Commercial, "T" Transition, and "RM-4" Multiple-Family Residential
zones] (Introduced at Council meeting of February 11, 2020, Item No. 19).
Determine that the above actions are exempt from the requirements to prepare additional
environmental documentation per California Environmental Quality Act Guidelines (Class 1,
Existing Facilities) and Section 15060(c)(2) of Title 14 of the California Code of Regulations.
D114 21. Approve minutes of the Council meeting of June 4, 2019.
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END OF CONSENT CALENDAR:
E157 2. Receive and file 2019 Registered Lobbyist Annual Report.
City Clerk Theresa Bass presented the 2019 Lobbyist Annual Report and provided a brief overview of
the Lobbyist Registration Program. She reported there were 22 active/registered lobbyists during
calendar year 2019, noting there are 19 active lobbyists within Anaheim as of today. She reported
that during calendar year 2019, the lobbyists reported making a total of 184 contacts with City officials
and campaign contributions totaled approximately $11,000. She further advised that information on
the lobbying entities and their clients, as well as the Quarterly reports could be found on the City's
website at www.anaheim.net/lobbyist.
DISCUSSION: Council Member Moreno encouraged the public to review the entities and individuals
who are lobbying City officials and to review their campaign contributions to members of the City
Council. He encouraged residents to cross-reference mandatory reports from City Council regarding
campaign contributions. He expressed concern many members of the dais have provided
themselves with over $200,000 worth of loans and many of the listed lobbyists are participating in
campaign debt relief events. He expressed concern there is a pay-to-play culture by some members
of the City Council.
MOTION: Council Member Moreno moved to receive and file 2019 Registered Lobbyist Annual
Report, seconded by Mayor Pro Tern Faessel.
DISCUSSION: Council Member Kring stated she has been transparent regarding her campaign
contributions and she does not support pay-to-play politics.
Council Member O'Neil stated that upon review of the report, he sees less than $2,000 in campaign
contributions from lobbyists who have active business with the City. He also noted unions are
exempt from reporting their lobbying activities.
Council Member Moreno stated the overall concern is the activities of lobbyists that are hired to
influence the City Council on various topics.
Council Member Kring clarified there is nothing illegal about the activities of lobbyists and noted it
happens at all levels of government including school boards.
MOTION: Council Member Moreno moved to receive and file 2019 Registered Lobbyist Annual
Report, seconded by Mayor Pro Tern Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and
Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES —0. Motion
carried.
AGR- 11. Approve the Second Amendment to the Amended and Restated Lease Agreement with the
10594.2 Savanna School District to reduce the City's leased portion of Hansen Elementary School
Park (1300 South Knott Avenue).
Community Services Director Larry Pasco reported the item is to approve a Second Amendment to
the Amended and Restated Lease Agreement between the Savanna School District(School District)
and the City of Anaheim (City) to reduce the City's leased portion of Hansen Elementary School Park;
the lease having been in place since 1967. He reported the School District notified the City of its
intent to expand the elementary school into a portion of the park area to allow for the addition of an
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outdoor classroom and to enlarge their warehouse and transportation area in early 2019. He noted
that the entire property is owned by the School District and the City's portion of the park lease area
will be reduced from 3.5 acres to 1.64 acres. He clarified this would help maintain the park area while
securing the school area.
Mr. Pasco noted it is a trend the City is seeing with the school districts looking to expand their
campuses and the City works with the school districts to ensure the safety and security of Anaheim
students. He reiterated the City is constantly looking for available park land for Anaheim residents.
DISCUSSION: Council Member Barnes expressed concern regarding the dwindling park space and
encouraged staff to continue to look for park land. Mr. Pasco reiterated the City is constantly looking
to add additional park space, the park ratio is better than when the Parks Plan was published, and the
City will be exceeding the two acres per 1,000 residents within the next couple of years. In response
to Council Member Barnes' inquiry, he noted a park was added to the last Anaheim Cove extension.
Council Member Barnes encouraged the City Council to continue to encourage the development of
parkland within the City.
MOTION: Council Member Barnes moved to approve the Second Amendment to the Amended and
Restated Lease Agreement with the Savanna School District to reduce the City's leased portion of
Hansen Elementary School Park (1300 South Knott Avenue), seconded by Council Member Kring.
DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Pasco advised Jacaranda Park
sits on one acre, which was built and maintained by the developer, and is now part of the City's park
inventory.
MOTION: Council Member Barnes moved to approve the Second Amendment to the Amended and
Restated Lease Agreement with the Savanna School District to reduce the City's leased portion of
Hansen Elementary School Park (1300 South Knott Avenue), seconded by Council Member Kring.
ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman,
Moreno, Kring, and O'Neil); NOES — 0. Motion carried.
AGR- 15. Approve the Final Map and Subdivision Agreement with KB Home Coastal, Inc. for Tract No.
11980 18182, located at 800 E. North Street, to establish 39 attached residential units for
condominium purposes.
Public Works Director Rudy Emami reported the item is to approve the Final Map and Subdivision
Agreement of Tract No. 18182. He reported KB Home Coastal Inc. is the owner and applicant of the
1.58-acre residential subdivision located at 800 E. North Street and will establish 1-lot, 39 attached
residential units for condominium purposes.
Mr. Emami advised the Planning Commission approved the Tentative Map on February 4, 2019, in
conjunction with a General Plan Amendment to re-designate the property from Low-Density
Residential to Mid Density Residential land uses, a Reclassification, and a Conditional Use Permit.
He advised the proposed new development is intended to provide quality attached single-family
housing with public alley access. Lastly, he noted the improvements are consistent with the General
Plan and the conditions of approval for the Tentative Map and will continue to enhance the city
infrastructure and circulation in the project area.
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Mr. Emami reported the developer is required to enter into a Subdivision Agreement with the City to
ensure the developer completes all on-site and off-site public improvements to the property, which will
be completed by the developer at his sole cost.
DISCUSSION: Council Member Moreno advised he did not support the project due to its high-density
and the public input from the surrounding community. In response to Council Member Moreno's
inquiry, Mr. Emami advised the public alley access would be a total of twenty feet wide. Council
Member Moreno felt that was a tight fit for vehicles and addressed disparities between different public
hearings and public comment times for residential projects.
In response to Council Member Moreno's inquiry, Mr. Emami advised the developer could develop a
for-rent product on the lot should the City Council not approve the item, but the developer has
recourse as it was already approved by the Planning Commission. He also noted that public
improvements would not be built at the developer's cost. Council Member Moreno stated he would
not support the item and expressed concern residents would not be able to follow the continued
amendments to the General Plan with developments. He recommended future staff reports state,
"the improvements are consistent with amended General Plan" for clarity and transparency.
MOTION: Council Member O'Neil moved to approve the Final Map and Subdivision Agreement with
KB Home Coastal, Inc. for Tract No. 18182, located at 800 E. North Street, to establish 39 attached
residential units for condominium purposes, seconded by Council Member Kring.
DISCUSSION: Council Member O'Neil expressed his support for the item and felt it would enhance
the neighborhood. In response to Council Member Moreno's inquiry, Council Member O'Neil reported
he toured the neighborhood on his own time.
MOTION: Council Member O'Neil moved to approve the Final Map and Subdivision Agreement with
KB Home Coastal, Inc. for Tract No. 18182, located at 800 E. North Street, to establish 39 attached
residential units for condominium purposes, seconded by Council Member Kring. ROLL CALL VOTE:
AYES — 5 (Mayor Sidhu and Council Members Faessel, Brandman, Kring, and O'Neil); NOES —2
(Council Members Barnes and Moreno). Motion carried.
R100 21. RESOLUTION NO. 2020-028 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM supporting a Regional Housing Needs Assessment (RHNA) Process that
is fair and reasonable.
Principal Planner Susan Kim reported the item is to approve a Resolution in support of a Regional
Housing Needs Assessment(RHNA) process that is fair and reasonable, as requested by Council
Member O'Neil at the February 11, 2020 City Council meeting. She explained that State law requires
every city and county to adopt a comprehensive, long-term General Plan. She noted the Housing
Element is a State-required component of the General Plan that provides the primary policy guidance
for local decision-making related to housing and is the only General Plan element that requires review
and certification by the State Department of Housing and Community Development (HCD) and must
be submitted to the HCD for certification every eight years.
Ms. Kim explained that State law mandates the RHNA as part of the Housing Element update
process, which quantifies the need for housing within each jurisdiction during specified planning
periods. She reported Southern California Association of Governments (SCAG), a regional planning
agency for the six-county area that includes Imperial, Los Angeles, Orange, Riverside, San
Bernardino, and Ventura counties, prepares and adopts the RHNA in coordination with HCD. She
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further explained that SCAG prepares the RHNA concurrently with its Regional Transportation
Plan/Sustainable Communities Strategy (RTP/SCS), is in the process of developing the RHNA for the
planning period October 2021 through October 2029, and anticipates adoption of the Final 6th Cycle
RHNA in October 2020.
Ms. Kim explained the RHNA process, which begins with a determination of the total housing need
for the SCAG region. She noted, historically, legislation has included a provision to consider existing
and projected need as part of the RHNA methodology. However, she explained the SCAG Regional
Council countered SCAG staff's recommendation and approved a proposed regional determination of
approximately 430,000 housing units, which reflects the forecasted growth assumed in the RTP/SCS
and was sent to the HCD who, in turn, responded with a proposed regional determination of
1,344,740 units indicating the number proposed by SCAG did not meet the existing need.
Ms. Kim reported staff has been analyzing the numbers and noted the Department of Finance (DOF)
updated its population projections, which shows a significant decrease in population than the
previous DOF forecast. She reported that Governor Newsom stated his commitment to building
3,500,000 homes by 2025 was a "stretch goal" and the State would soon be releasing a more
pragmatic estimate of the housing needs by region. She reported the regional determination of
1,340,000 housing units, therefore, might not be justifiable given recent housing projections. Lastly,
despite several requests from local jurisdictions objecting to the regional determination, she advised
SCAG staff does not believe that State law provides a process to further object to the regional
determination.
Ms. Kim advised SCAG staff developed a single recommended RHNA allocation methodology.
However, on November 7, 2019, the Regional Council representative for the City of Riverside (Mayor
Bailey) offered a substitute methodology - the "Bailey Methodology," which shifted a significant
portion of the 6th cycle RHNA regional allocation away from Riverside and San Bernardino Counties
and toward coastal areas including predominately Orange County jurisdictions. She also reported
the Bailey methodology removed local input from the calculations for existing need and made the
calculations dependent on a jurisdiction's access to high-quality transit and job centers. This
methodology was approved on a contested vote of 43-19, including opposition by all Orange County
representatives.
Ms. Kim reported the SCAG Regional Council approved this methodology and transmitted it to the
HCD, who found the proposed methodology in compliance with State law. She advised under this
allocation, Anaheim could anticipate a RHNA allocation of 17,412 units, which will need to be added
to the General Plan and Zoning Map.
Ms. Kim reported Council Member O'Neil requested to adopt an alternate methodology that would
include local input into the calculations for existing need and to distribute the residual need
throughout the SCAG region rather than throughout the county, but neither request was approved.
She compared the 5th and 6th cycles, showing a 3-times increase, and reported staff recommends
supporting a RHNA process that is fair and reasonable, including local input.
DISCUSSION: Council Member O'Neil provided an overview of the RHNA process and noted other
cities in Orange County were being hit hard with the approved RHNA allocation. He clarified the
resolution would help the City push back against the allocation and discuss further with the State.
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MOTION: Council Member O'Neil moved to approve A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM supporting a Regional Housing Needs Assessment (RHNA) Process that is
fair and reasonable, seconded by Council Member Kring.
DISCUSSION: In response to Council Member Barnes' inquiry, Ms. Kim advised staff was working
with HDC to determine how Accessory Dwelling Units (ADUs)will count in the RHNA numbers. She
noted group units, such as dorms, count differently from apartments and she would need to
investigate Junior Accessory Dwelling Units (JADU). She also noted senior apartments that are age-
restricted would count towards RHNA numbers and the unit-count is based on building permits.
In response to Mayor Pro Tern Faessel's inquiry, Ms. Kim advised City Council would be presented
with the annual RHNA progress report at the next City Council meeting. She provided a general
estimate, noting Anaheim has exceeded the RHNA allocation; however, not enough units have been
produced for very low-income, low income, and moderate-income. She shared that Long Beach
recently approved an in-lieu fee for developing affordable housing of$300,000-$400,000 per unit and
Anaheim has not evaluated that in a few years.
In response to Council Member Brandman's inquiry, Planning and Building Director Ted White
explained the resolution is to urge SCAG to support a RHNA process that is fair and reasonable in
response to SCAG's approved methodology and allocation. Council Member Brandman requested a
list of cities that have adopted a similar resolution.
In response to Council Member Brandman's inquiry, Mr. White reported Anaheim has been working
towards finding funding for affordable housing and will work Council over the next 18-months to
develop a Housing Element compliant with the existing numbers. He noted they are waiting for
clarification from HCD to determine which sites can be developed. Mr. White further clarified the
fairness and reasonableness of the allocation methodology. Ms. Kim clarified that SCAG made the
calculations dependent on a jurisdiction's access to high-quality transit and job centers and does not
take into account how many units were built during the previous cycle, the availability of vacant sites,
and the existing need. She also noted SCAG relied on a computer model and did not take into
account local input. Council Member Brandman expressed concern about unexpected
repercussions to Anaheim by taking a position.
Council Member Moreno shared what he learned from Inland Empire colleagues that they felt they
had built housing for Orange County's workforce in past years and borne the traffic and associated
effects accordingly. In response to Council Member Moreno's inquiry, Ms. Kim explained SCAG did
not look at cost-burden for similar cities but looked at cost-burden across the United States and feels
that skewed the existing need number. She also noted they did not look at available sites or the cost
to build affordable housing which is expensive in Anaheim.
In response to Council Member Moreno's inquiry, Ms. Kim advised the City Council adopted the
Affordable Housing Action Plan and Resolution in 2017. She clarified Anaheim does not have an
inclusionary housing requirement at this time.
Council Member O'Neil reported about half of Orange County cities had weighed in to SCAG on this
issue. He further explained Anaheim would benefit from a lower regional determination number,
which would lower the required allocation. He reported 14 Orange County representatives sit on the
SCAG Regional Council and not all of Orange County was represented. In response to Council
Member O'Neil's inquiry, Ms. Kim explained Long Beach recently passed an Inclusionary Housing
policy, which would require developers to build a percentage of their units as affordable or pay an in-
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Page 12 of 15
lieu fee pay that would go toward city-run affordable housing units if they could not build the
affordable units in the development.
Council Member Kring noted dense housing projects would need to be completed for Anaheim to
meet the RHNA numbers. She would like the City to investigate poor-performing commercial centers
as potential sites. She expressed her support for approving the resolution.
Council Member Moreno expressed his support for the Long Beach Inclusionary Housing Policy and
noted it created a disincentive for the developer by making it very expensive to not include affordable
housing in the development. He expressed his support for developing an affordable housing policy in
Anaheim and noted he would not support the current item.
SUBSIDIARY MOTION: Council Member Moreno moved to table the item until the Housing Ad Hoc
Committee returned with its report. Motion failed for lack of a second.
MOTION: Council Member O'Neil moved to approve RESOLUTION NO. 2020-028 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting a Regional Housing
Needs Assessment (RHNA) Process that is fair and reasonable, seconded by Council Member Kring.
ROLL CALL VOTE: AYES —4 (Mayor Sidhu and Council Members Faessel, Kring, and O'Neil);
NOES — 3 (Council Members Barnes, Brandman, and Moreno). Motion carried.
PUBLIC HEARING:
C410 22. GENERAL PLAN AMENDMENT NO. 2017-00515
(DEV2017-00039)
PROJECT LOCATION: This 3.03-acre property is located at 6501 through 6513 Serrano
Avenue, generally the northeast corner of Serrano Avenue and Nohl Ranch Road.
REQUEST: City Council will consider a resolution to repeal General Plan Amendment No.
2017-00515, which amended the General Plan land use designation for the subject property
from Neighborhood Center Commercial to Low-Medium Density Residential, and, rescind
Resolution No. 2020-012, thereby restoring the Neighborhood Center Commercial land use
designation for the subject property.
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 15060(c)(2).
RESOLUTION NO. 2020-029 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM repealing General Plan Amendment No. 2017-00515 and rescinding
Resolution No. 2020-012 (DEV2017-00039) (6501-6513 Serrano Avenue).
Determine that the above action is exempt from the requirements to prepare additional
environmental documentation per California Environmental Quality Act (CEQA) Guidelines,
Section 15060(c)(2).
Planning and Building Director White reported the item is a City Council initiated request to repeal
General Plan Amendment No. 2017- 00515 and rescind Resolution No. 2020-012 associated with the
Residences at Nohl Ranch Project. He noted the property is located at the northeast corner of Nohl
Ranch Road and Serrano Avenue and is developed with a neighborhood-serving commercial center.
He reported City Council approved the project entitlements at its January 28, 2020 meeting but failed
to adopt a motion related to the Reclassification Ordinance, resulting in a denial of the
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Page 13 of 15
Reclassification, at the February 11, 2020 meeting. He noted staff was directed to bring an action to
City Council to retain the General Plan land use designation of Neighborhood Center Commercial
land use for the property. Lastly, he reported City Council received a letter from Jackson Tidus Law
Firm, representing the project applicant, but staff did not believe the letter warranted any changes to
staff's recommendation.
Mayor Sidhu opened the public hearing.
William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern the developer
was being allegedly bribed by some members of the City Council.
City Attorney Robert Fabela noted Council Member O'Neil's recusal on the related previous
items was based on a due process basis, not a financial conflict, so he can participate in the
public hearing for legislative items. He also took personal privilege and noted he passed the
bar immediately after his attendance at law school.
Jim Gabriel expressed his support for the item and encouraged City Council to pass the item. He
thanked the mayor and select Council Members for voting last month to keep the zoning as-is for the
Serrano Center and asked Council to approve Item No. 22 to keep the plan consistent with zoning.
William Leming expressed his support for the item and asked City Council to support the resolution.
He thanked Council for their work on behalf of the City.
Moses Johnson expressed his support for the item, thanked Mayor Sidhu and Council Members
Barnes and Moreno for their previous votes, hoped to return the neighborhood center designation,
encouraged City Council to pass the item, and expressed his appreciation for the work they do.
Timothy Graham, Citizen Advocates for Responsible Development, stated their group had formed to
assist Anaheim neighborhoods have an effective way to engage with developers and the City to help
shape what is in their neighborhoods. He thanked Council for their previous votes. He remained
interested in finding a way to make the center a success, expressed his appreciation for the work
Council does, and requested Council vote to reverse the January 28 vote and correct the mismatched
General Plan and zoning.
Sharon Magpali expressed her support for the item and encouraged City Council to pass the item to
revert the General Plan land use back to its original commercial land use designation to keep the
Serrano Center. She stated that East Anaheim was ready for development but not by encroaching on
existing properties or destroying a neighborhood center.
Genny Johnson expressed her support for the item and encouraged City Council to restore the
General Plan to a neighborhood center commercial land use designation and finally deny the project.
Andrea Phelps expressed her support for the item and encouraged City Council to pass the item. She
thanked those who voted to retain zoning as commercial, urged Council to restore the General Plan
to a commercial classification, expressed the community feels this site was not a good fit for housing,
and believed there were other sites in District 6 that were better suited for housing development,
Jorge Castaneda expressed his support for the item and encouraged City Council to pass the item to
keep the zoning as neighborhood center, keep the Serrano Center, and keep the uniqueness,
character, and ambiance of Anaheim Hills. He expressed concern that even with the community's
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Page 14 of 15
opposition, there still seemed to be resistance by the Council, asking them to respect the families and
residents that live in Anaheim Hills that will be directly affected by the project.
Jeff Walton commended the previous speaker, thanked Council for their service, expressed his
support for the item, and encouraged City Council to pass the item to keep the center in place as it is
needed, appreciated, and valued.
Mayor Sidhu closed the public hearing.
DISCUSSION: Mayor Sidhu thanked everyone for participating in the public hearing process and
noted that while the Serrano Center has its challenges, it is still serving the community and has strong
support. He noted Council may rescind its previous approval in accordance with its rules and
procedures and expressed his support for the item.
Council Member Brandman provided context to his comments regarding encouraging residents who
have been threatening him with political retribution to come to his District.
MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2020-029 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing General Plan
Amendment No. 2017-00515 and rescinding Resolution No. 2020-012 (DEV2017-00039) (6501-6513
Serrano Avenue) and determine that the above action is exempt from the requirements to prepare
additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines,
Section 15060(c)(2), seconded by Council Member O'Neil. ROLL CALL VOTE: AYES —4 (Mayor
Sidhu and Council Members Barnes, Moreno, and O'Neil; NOES — 3 (Mayor Pro Tem Faessel and
Council Members Brandman and Kring). Motion carried.
REPORT ON CLOSED SESSION ACTIONS:
City Attorney Robert Fabela announced Council Member O'Neil recused himself from Closed Session
Item No. 02.
PUBLIC COMMENTS (non-agenda items): None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Mayor Sidhu wished Council Member Brandman a Happy Birthday.
Council Member Brandman requested an agenda item update and possible resolution regarding AB-
2895 adding mobile home parks to the same protections as those included in AB-1482, concurred by
Council Members Moreno and Barnes.
Council Member Barnes congratulated all participants in Youth in Government Day. She reported her
attendance at an American Veterans Assistance Group event, a tour of the Emergency Operations
Center, an Orange County Health Department meeting regarding Coronavirus. She announced an
upcoming Love Anaheim event assisting senior mobile home parks. She encouraged residents to
meet with Council Members and candidates for Council to learn more about them. She thanked the
Serrano/Nohl Ranch community for their engagement.
Council Member O'Neil thanked his colleagues for supporting the RHNA resolution. He announced
the Housing Ad Hoc Committee would bring forward information and recommendations in the spring.
City Council Minutes of March 10, 2020
Page 15 of 15
He noted he attended many events over the past weeks and wished Council Member Brandman a
Happy Birthday.
Mayor Pro Tem Faessel reported that he connected a senior mobile home resident with the new pilot
Senior Safety Net Program, which was able to assist them. He congratulated Katella High School and
Sycamore Junior High School for receiving Awards of Merit from the State School Superintendent. He
reported his participation in Love Anaheim events at Edison and Pioneer Parks, a Fire & Rescue high
school boot camp, Youth in Government Day, an event regarding El Verano senior living center, a
presentation by the Anaheim Community Foundation and Samueli Foundation presentation of
$20,000 to the Miraloma Family Resource Center, and the Boys and Girls Club fundraiser. He
recognized March 8th as International Women's Day.
Council Member Kring thanked staff for the room temperature in the Chamber and wished Council
Member Brandman a Happy Birthday. She reported her attendance at the Emergency Operations
Center event, the Cypress College Americana Awards, Opening Day of East Anaheim Little League,
a Neighborhood Services event with Madres en Accion in the Wakefield/Mountain View
neighborhood, the Muzeo Awards Art and Wine Celebration where she honored John Hsu, the Boys
and Girls Club event, and a Chamber of Commerce event regarding Coronavirus. She announced
another Madres en Accion event is scheduled for March 21 and a District 4 town hall meeting at
Euclid Library on April 15. She requested an update by the City Manager on home-sharing. She
encouraged everyone to wash their hands and not to hoard items in response to Coronavirus and
announced drinking water is safe. She thanked the Nohl Ranch residents for their engagement.
Council Member Moreno thanked Anaheim Public Utilities and the Community Policing Team for
addressing resident issues in the Willow Park neighborhood. He also thanked Community Services
Director Larry Pasco for addressing maintenance issues in parks and assisting a local soccer league.
He thanked the Public Information team for their efforts regarding Coronavirus and the Census. He
requested the City Manager and Mayor request additional resources from the Board of Supervisors
regarding Coronavirus. He announced GlobalHope365.org, a local group bringing awareness to the
issue of child marriage. He wished Council Member Brandman a Happy Birthday and concluded his
comments by addressing political positions and the roles of officeholders.
Mayor Sidhu addressed Council Member Moreno's final comments regarding political positions and
actions, that there are differing views. He thanked staff for doing a great job, thanked the Public
Information team for their information about Coronavirus, and appreciated all who attend Council
meetings, particularly students.
ADJOURNMENT:
At 8:58 P.M., Mayor Sidhu adjourned the March 10, 2020 meeting.
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