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06/08/2021ANAHEIM CITY COUNCIL SPECIAL AND REGULAR MEETING OF JUNE 8, 2021 The special meeting of June 8, 2021 was called to order at 1:31 P.M. in person and telephonically, pursuant to Governor Newsom's Executive Order N-29-20 (superseding the Brown Act related provisions of Executive Order N-25-20) in response to COVID-19. The meeting notice, agenda, and related materials were duly posted on June 3, 2021. MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Jose Diaz, Avelino Valencia, and Trevor O'Neil (in person). Mayor Pro Tern Stephen Faessel and Council Member Jordan Brandman (via teleconference). MEMBERS ABSENT: Council Member Jose F. Moreno STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Nadia Martinez reported she is a member of the Confidential Class and has been a City employee for 15 years. She advised she is a single parent putting her child through college on her income and noted had to move to smaller homes three times in five years to make ends meet. She advised she specifically works with the Section 8 Housing Program and noted she understands the needs of applicants better than most but is not eligible to receive income assistance through the City's program or the State's subsidy for low-income housing. She asked the City Council to advocate for the "missing middle." She explained her pay has not kept up with rent increases, placing her at risk of homelessness. She requested a salary increase commensurate to the cost of living, noting they have seen the City through a pandemic while understaffed. Tiana Marmitt reported she is both a City employee and an economic instructor at California State University Fullerton. She advised they have issued the most optimistic quarterly economic forecast since 1984 due to the rapid and aggressive governmental intervention. She noted Americans collectively have $1.8 trillion in extra savings and there is about to be a boom in the economy. She advised inflation is going to grow by 3% for the next five years, which is a benefit to the City as increasing prices means increasing tax revenue. She proposed a permanent telecommuting option to help the City save up to $17,000,000 a year. Jamey Stambler, Integrated Resources Planner for Anaheim Public Utilities, spoke in support of permanent flexible telecommuting options. He reported for the past year employees have provided essential services to residents remotely. He advised employees found they were more productive at home while reducing costs, reducing emissions, and providing better work -life balance. He reported in an anonymous survey of 139 City employees, 91 % expressed a desire to have at least a hybrid work - from -home option while 45% wanted to telecommute full-time. He advised telecommuting is a rare opportunity to significantly improve work culture while increasing productivity. He reported two-thirds of survey responders advised they were more productive working at home and about half said they were significantly more productive. He advised increased productivity benefits the City and residents. He advised increasing morale reduces turnover and provides flexibility to recruiters to lure top talent. He advised the State regulatory entities he works with are looking to increase telecommuting to decrease traffic and pollution. He listed many public agencies, including the City of Los Angeles, have City Council Minutes of June 8, 2021 Page 2 of 33 implemented permanent flexible telecommuting policies and advised the City has an opportunity to make this improvement. Moses Johnson, Assistant City Attorney, reported he has worked for the City for 27 years next month. He advised it has been 12 years since the last fully -funded salary range adjustment for employees. He reported inflation alone has increased 20% in the last 10 years and staff is making less now in real dollars than at the start of the 2008 recession. He noted 200-300 full-time employees were removed and never replaced. He noted staff has done more with less ever since and noted employees were recently asked to work vaccination sites at Disneyland and the Anaheim Convention Center and they did it to serve the public. He asked the City Council to give their proposal serious consideration despite its financial struggles. He advised, unlike unionized City employees, they did not receive a Memorandum of Understanding because the pandemic hit before it was finalized. He called for fairness, equity, and appreciation for management and confidential employees. Cory Cordova, American Federation of State, County, and Municipal Employees, advised the people behind them are trusted with the budget and operations of the City daily, but it has been three years since they were trusted at the bargaining table. He advised other bargaining units received 6% raises and others were threatened with layoffs and furloughs. He advised they protected everybody else by not signing the agreement calling for layoffs and furloughs. He noted these employees are not rich but residents rely on them daily to do dirty jobs like cleaning sewers. He advised they are as integral as the City's safety units and asked the City Council to give them this respect. City Clerk Theresa Bass reported that a total of 7 public comments were received electronically prior to 11:30 A.M. related to Closed Session. [A final total of 7 public comments were received electronically and distributed to the City Council and made part of the official record]. — See Appendix. CLOSED SESSION: At 1:51 P.M., Mayor Sidhu recessed to closed session for consideration of the following: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Teresa Perkins, et al. v. City of Anaheim et al. USDC Case No. 8:19-cv- 00315 JLS-JDE 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organizations: (1) International Brotherhood of Electrical Workers (IBEW), Local 47; (2) Anaheim Police Management Association; (3) American Federation of State, County and Municipal Employees (General Management, Professional Technical, and Confidential Units); (4) Teamsters, Local 952; (5) Anaheim Municipal Employees Association, Police Cadet Unit; (6) Service Employees' International Union, United Service Workers West At 3:21 P.M., Mayor Sidhu reconvened the special meeting of the Anaheim City Council. REPORT ON CLOSED SESSION ACTIONS: None At 3:22 P.M., Mayor Sidhu adjourned the special meeting of the Anaheim City Council and called to order the regular meeting of the Anaheim City Council. City Council Minutes of June 8, 2021 Page 3 of 33 MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Jose Diaz, Avelino Valencia, and Trevor O'Neil (in person). Mayor Pro Tern Stephen Faessel and Council Member Jordan Brandman (via teleconference). Council Member Jose F. Moreno joined the meeting in person at 3:30 P.M. and Council Member Brandman joined the meeting in person at 4:50 P.M. STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass PUBLIC COMMENTS ON WORKSHOP: None WORKSHOP: D106 Proposed Fiscal Year 21/22 Budget (Citywide Overview, Administrative Departments, Police, Fire & Rescue, and Community Services) City Manager Jim Vanderpool advised this workshop provides an overview of the proposed Fiscal Year 21/22 budget for General Fund and Administrative departments. He explained it comes at a pivotal time and reflects both challenge and recovery, as he noted Anaheim's revenues were disproportionally impacted by the pandemic and advised the federal stimulus would help with the shortfall but borrowing would still be necessary to bridge the gaps. He advised staff is confident the proposal balances responsible fiscal policy with quality residential services. He expressed pride for the City coming through the pandemic with no interruption of services, praising the work of the Anaheim Police Department (APD), Anaheim Fire & Rescue (AF&R), and Community Services. Mr. Vanderpool reported AF&R has administered 510,000 vaccine shots in the City since January, leading to 65% of eligible citizens having received at least one shot. He advised Community Services staff made up the largest number of those serving at the vaccination sites, gaining experiences used to run the City's neighborhood clinics. He advised APD assisted in the operation of the sites and did not miss a beat in patrolling during the pandemic. Citywide Overview and Administrative Departments Finance Director Debbie Moreno reported the proposed FY 21/22 budget includes $1.8 billion in expenditures. She advised the General Fund is only 21% of the budget at $379,800,000 but the bulk of the attention is focused there because it accounts for most of the discretionary funding and is used for core services. She noted restricted Enterprise Funds make up 40% of the budget at $744,500,000. Ms. Moreno reported there is significant hope for a strong bounce back in 2021. She noted COVID-19 cases have continued to fall and business restrictions reduced due to the rapid vaccine rollout. She cited fiscal support from the federal government and historically high savings have set the seeds for a quick recovery. She advised economists are projecting a Gross Domestic Product (GDP) growth of 6% for the year, with the unemployment rate expected to drop to 4.5% by the end of the year. She advised there is a pent-up demand for travel, which will create growth for the City. She listed the many consultants and economic forecasts leading to the optimistic assumptions. Ms. Moreno reported since the last budget discussion in March, Disneyland has reopened and is expected to be back at full capacity on June 15. She advised Angel Stadium is also expecting to be back at full capacity on the same day. She noted the Convention Center is slated to host 20 trade shows before the end of 2021, with more expected. City Council Minutes of June 8, 2021 Page 4 of 33 Ms. Moreno broke down the General Fund's financial sources by category that includes 24% from Transient Occupancy Tax (TOT), 20% from Property Tax, and 19% from Sales and Use Tax. She noted their combined 63% is less than the typical projection of 80%. She advised Other Revenues make up 22% largely due to the federal stimulus the City received from the American Rescue Plan (ARP) Act. Ms. Moreno reported TOT for FY 20/21 is expected to be $24,800,000, which is 80% under budget. She advised it is projected to increase to $107,900,000 in FY 21/22 but noted it is still well behind the pre -pandemic levels that peaked in FY 18/19 at $162,600,000. She noted continued strong growth is expected over the coming years. Ms. Moreno reported the Sales and Use Tax revenue is projected to be $83,100,000 for FY 21/22 after being projected to finish the current fiscal year at $68,500,000. She advised it is projected to return to pre -pandemic levels in FY 22/23. She reported Property Tax revenue is projected to be $89,400,000 for FY 21/22 after being projected to finish the current fiscal year at a record $85,800,000. She noted the housing market has remained strong during the pandemic due to record low -interest rates and a lack of supply. Ms. Moreno noted 86% of the General Fund goes to Services and Labor and 14% goes towards Debt Service. She reported 65% of the services expenditures go towards keeping the City safe, including APD and AF&R. Ms. Moreno detailed a five-year forecast for the General Fund based upon the economic forecasts available. She noted there is a great deal of uncertainty although much of it is from varying degrees of positivity. She advised in FY 21/22 there would be an operating deficit of $56,600,000 but this number is expected to decline in each of the four years to come. She reported, in March, the City Council approved issuing up to $200,000,000 in bonds to help cover the deficit. She advised at the same time, the Federal government approved the American Rescue Plan Act of 2021 (ARPA) bringing the City $107,000,000 over FY 20/21 and FY 21/22. Ms. Moreno briefly discussed budgets for Administrative departments, consisting of City Council, City Administration, City Attorney, City Clerk, Finance, and Human Resources, noting the proposed budgets make up approximately 23% of citywide uses and 20% of the General Fund and primarily remain the same as from previous years. DISCUSSION: In response to Council Member Diaz's inquiries, Ms. Moreno clarified there is a lag in how Property Tax rolls so the current surge in housing prices would not be fully realized for a couple of years. She advised the budget projections are in line with the numbers and confirmed collections have not been slow so the City has not been impacted. She advised there is a complex formula with how Property Tax is distributed from Orange County. In response to Council Member O'Neil's inquiry, Ms. Moreno advised, based on conservative growth, the City is still looking towards 2031 to pay off the Lease Payment Measurement Revenues (LPMR) bonds. In response to Council Member Valencia's inquiries, Ms. Moreno clarified the budget reflects the services the City has in place today. She advised there is no further anticipated reduction in staff and noted some of the reductions made for the pandemic were temporary and intentionally focused as much on possible on areas the public does not see. She confirmed the point of the borrowing is to ensure future impacts to services would be minimal. City Council Minutes of June 8, 2021 Page 5 of 33 In response to Mayor Sidhu's inquiries, Ms. Moreno clarified the City has unfunded positions in almost every department. She advised the Accelerated Separation Program was not the only reason for the vacancies and noted they would be detailed soon under each specific department's budget. She reported there are a total of 72 vacant positions throughout the City. She advised the salary expenditure projections would be less than the previous year for these departments or only slightly more. She advised the aggregate saving from the early retirements was about $4,000,000. Police Department Police Chief Jorge Cisneros advised it is his responsibility to provide services in a fiscally responsible manner. He reported APD accounts for 9% of the total City budget and 35% of the General Fund. He reported APD's budget has five focus areas: answering the community, responding to the community, follow-up, community initiatives, and accountability. He advised APDs' success has been derived from a holistic approach of prevention, intervention, and suppression of crime. Police Chief Cisneros reported 84% of the budget goes to labor, with almost all the rest going to other operating expenses. He reported APD has the full-time equivalent of 409 sworn officers, 182 civilian full-time staff, and 62.18 part-time staff. He advised APD reevaluated deployment schedules to maximize efficiency in 2020. He reported APD established a partnership and assigned an officer to the Orange County School Mobile Assessment and Resource Team (SMART), which will be funded by the County for 18 months. He advised APD evaluated and updated its training program and departmental policies, reaching the gold standard from Lexipol LLC for having 98% compliance. He reported APD was continuously involved with community engagement efforts during the pandemic and noted officers donated their own money to a meal drive that was overrun with demand. Police Chief Cisneros reported APD cleared a series of 13 gang -related street robberies in the downtown area in 2020. He praised the Sexual Assault Team's new highly successful social media - driven Warrant Wednesdays outreach program helping to arrest dangerous sexual predators. He reported the Investigations Division was reorganized in January 2021 to better respond to and investigate violent crimes. He noted the Communications Center processed 458,897 incoming calls for service in 2020, dispatching 194,397 calls. Police Chief Cisneros discussed their innovative technology efforts to align with APD's goals and proactively affect crime while also enhancing community relationships through improved communications. He reported APD purchased investigation tracking software to track ongoing and completed internal investigations last month. He advised they have also revamped APD's departmental intranet to aid in the ease of internal communication, training, and information sharing. He reported APD recently unveiled the APD Blueprint to identify who they are as an organization, who they strive to be as individuals, and what they should expect from others and themselves. Police Chief Cisneros reported goals for the upcoming year include continuing to transition homeless, mental health issues, and drug abuse calls away from APD and towards social services through the Community Care Response Team (CCRT). He advised they would continue to maintain national accreditation through the Commission on Accreditation for Law Enforcement Agencies (CALEA). He advised APD would continue its investment in becoming a leader and regional hub in continuous officer training based on community partnerships focusing on the mind, body, and heart of public safety personnel. DISCUSSION: In response to Council Member Diaz's inquiries, Mr. Vanderpool reported the City authorized an early retirement program to help meet the budget shortfall and reported no sworn officer positions were authorized for this program. He advised there was a hiring freeze at the time City Council Minutes of June 8, 2021 Page 6 of 33 but he authorized hiring 26 sworn positions in January and noted there is no intention of freezing any more sworn APD positions. He advised they are maintaining this in part for the concerns raised by Council Member Valencia regarding pandemic -driven State -freed prisoners returning home to Anaheim. He clarified the hiring freeze impacted the number of officers and, in working with Police Chief Cisneros, he authorized 26 officers in January. He reported he is working with Police Chief Cisneros regularly to obtain more officers and public safety employees as the budget situation becomes clearer. In response to Mayor Pro Tern Faessel's inquiry, Police Chief Cisneros praised the previous work of the Homeless Outreach Team (HOT) and noted the CCRT has allowed them to move into patrols around the City. He noted HOT continues but in a much smaller form. He advised a District Policing Unit was created to help engage with the community and earn its trust. He advised they are down 8% from a year ago in terms of overall crime but advised the violent crime trends remain steady. He credited the 8% reduction to the software they purchased resulting in more efficient patrols. In response to Council Member Moreno's inquiries, Police Chief Cisneros advised pandemic staffing saw a larger impact on the sworn side than the civilian side but they both have been addressed in working with Mr. Vanderpool. He praised the work of the integral professional staff and advised the numbers have been kept as low as possible. He thanked the Mayor and City Council for agreeing to the CCRT and hoped to incorporate the Be Well Orange Campus into it. He praised APD's peer support team and advised they address mental health issues within the APD as they arise from the sometimes traumatic nature of their work. He reported the service is encouraged when needed and they have outside support opportunities as well to maintain their mental health and the health of the community. In response to Council Member Moreno's inquiries, Ms. Moreno confirmed there has not been a significant change in the proportion of the projected FY 21/22 budget allotted to APD compared to FY 20/21. She advised she would look to confirm the higher percentage mentioned by Council Member Moreno, theorizing it may be the total Public Safety figure and not just APD. She advised there has been no significant shift in the percentage of the General Fund allocated to APD this year as opposed to last year and she would investigate the differences being referenced but noted there has been no change in design. In response to Council Member Moreno's inquiries, Police Chief Cisneros confirmed the allocation for peer support has stayed the same for this year. He clarified sworn personnel were hit harder than professional staff due to the pandemic and advised they have enough budgeted for the employee numbers to be the same as intended pre -pandemic. Fire & Rescue Department Fire Chief Pat Russell reported AF&R's mission is to ensure the safety of the public through their core services of fire suppression, emergency medical services (EMS), community risk education, and emergency management and preparedness. He advised AF&R has a Type 1 Urban Search and Rescue Team and a Type 1 Hazardous Materials Unit and works with two other teams in the County for a coordinated regional response. He reported they are part of the Federal Emergency Management Agency's (FEMA) Task Force 5 that responds to disasters nationwide. He advised AF&R is internationally recognized by the Insurance Services Office (ISO) as a Class 1 Fire Agency, meaning lower insurance rates for Anaheim businesses. Fire Chief Russell advised the proposed budget is $103,700,000, accounting for 5% of the total City budget and 20% of the General Fund. He reported the budget is 82% accounted for by labor and City Council Minutes of June 8, 2021 Page 7 of 33 most of the rest going to other operating expenses. He advised they responded to 35,000 calls last year, 85% of which were medical calls. He noted the $4,700,000 for the Fire Prevention and Community Risk Reduction division is very lean for a City of Anaheim's size. He reported AF&R has the full-time equivalent of 221 full-time sworn fire suppression staff, 109 full-time civilian staff, and 10.55 part-time staff. He advised they would also be hiring 42 ambulance operators in phases starting in August. Fire Chief Russell detailed how AF&R serviced the community during the pandemic. He noted they activated the Emergency Operations Center to manage the City's response. He advised the EMS Supervisor became an expert on COVID-19 testing, precautions, and quarantine citywide while also coordinating efforts at the County level. He reported AF&R set up the first vaccine Point of Distribution (POD) at the North Net Training Center before assuming a larger role with the County's super PODs at Disneyland and the Convention Center, delivering 510,000 vaccinations at the latter two sites. He advised staff is now seeking reimbursement for the millions of dollars spent on these efforts. Fire Chief Russell advised AF&R is dealing with the pandemic response amidst one of the worst wildfire seasons in California's history with over 4,200,000 acres burned. He reported AF&R assisted the State's efforts and is reimbursed by the State's Office of Emergency Services (OES). He advised the 2021 fire season is expected to be serious due to warmer temperatures and reduced snowpack leading to drought conditions. He advised Anaheim would be housing three OES fire engines, which will allow the City's engines to be available for local emergencies when AF&R gets called upon to assist the State. He detailed the prevention efforts made by the City through the Ready, Set, Go! Program and the Know Your Way campaign done in conjunction with APD. He advised goats would soon return to help mitigate potentially hazardous overgrowth in the canyons. Fire Chief Russell advised AF&R is distributing Water Watcher Kits promoting water safety. He detailed the safety efforts made in communities through the Community Emergency Response Team (CERT) and Radio Amateur Civil Emergency Services. He advised the volunteer CERT teams are critical in the event of a disaster and helps the City earn FEMA grants. He praised the services AF&R can offer to both Anaheim and neighboring cities through the North Net Training Center. Fire Chief Russell advised Fire Station 12 is set for construction at State College Boulevard and Katella Avenue to benefit the growing Platinum Triangle. He reported the Capital Improvement Plan project would go out to bid this summer and be completed over two years funded by Development Impact Fees. Fire Chief Russell reported on the rollout of the In -House Ambulance Program and advised this would reduce costs significantly over the City's current contract for ambulance services, amounting to a savings of over $1,000,000 per year. He advised the City's first ambulances would arrive in July and staff was currently interviewing prospective ambulance operators. He expected the first units to be deployed in August. DISCUSSION: In response to Council Member Moreno's inquiries, Ms. Moreno clarified the slight increase in the AF&R budget is due to Station 12 and firefighters who have come on early. She explained the additional planned expenditures are offset by grant revenues. She advised she was unsure how the ambulance operators factor into the expenses but noted there were no increases that were not offset by either savings or grant revenue. Fire Chief Russell believed the grants received offset the ambulance expenses. He clarified there is a $1,200,000 General Fund net savings as a result of the Ambulance Program even with the startup costs of purchasing the ambulances and additional personnel. AF&R Administrative Services Manager Sheryl Montgomery confirmed some of City Council Minutes of June 8, 2021 Page 8 of 33 the increases stem from the FEMA Staffing for Adequate Fire and Emergency Response (SAFER) grant, ambulance program, and Station 12. In response to Council Member Moreno's inquiry, Ms. Moreno confirmed the SAFER grant is part of the General Fund because it covers operating expenses that would continue beyond the life of the grant. She explained it is in the General Fund to accurately track personnel costs. Ms. Moreno clarified the response to Council Member Moreno's earlier inquiry about the percentage of the budget slotted to APD and public safety. She noted services account for 86% of the General Fund and Keeping Us Safe is 65% of the 86% which means it is only 55% of the General Fund. She advised the 55% number is in line with FY 20/21 but is presented differently in this year's charts. Community Services Department Interim Community Services Director Sjany Larson -Cash advised the department consists of 593 full- time, part-time, and seasonal employees who comprise the City's teams for golf, library services, parks and capital development, recreation services, and human and neighborhood services. She advised the proposed budget for FY 21/22 is $52,600,000 including $17,100,000 for capital projects. She reported the department is largely funded by the General Fund, restricted grants, user fees, and Park Development Fees. She advised 48% of the proposed budget is for labor expenses and 52% for other operating expenses. She reported the department has the full-time equivalent of 93 full-time staff and 173.15 part-time staff and advised there is no increase in staffing for this year. Ms. Larson -Cash detailed improvements to the City's two golf courses made over the past year and advised the new Players Club has been an instant success with over 700 subscriptions. She highlighted the importance of City parks for exercise during the pandemic and noted several park improvements were constructed during the pandemic. She praised the library adapting to introduce curbside service and virtual programming during the pandemic. She noted many recreational programs had to be suspended due to the pandemic but praised the park rangers for their help with testing sites, food distribution, vaccination clinics, and other activities to meet the new needs of residents. Ms. Larson -Cash advised, through the Anaheim Community Foundation and other sources of funding, Community Services transported 15,600 bags of food serving 60,400 residents. She lauded human and neighborhood services outreach efforts during the pandemic through youth development programs and others to maintain engagement. She praised Anaheim's Meals on Wheels program for delivering over 130,000 meals for senior citizens from three locations around the City and reported Community Services staff made over 94,390 wellness calls to seniors during the pandemic. She detailed the successes of the Anaheim Food Pantry Program, which also became a point of distribution for Personal Protection Equipment (PPE) to those in need. She advised staff was instrumental in navigating the public through the Disneyland and Convention Center super PODs, along with creating neighborhood clinics. She reported they have held 23 neighborhood vaccine clinics to date across the City, providing approximately 3,500 vaccines. She advised Community Services is eagerly ramping up to restart suspended programs and reopen closed facilities to provide their services in -person once again. DISCUSSION: Council Member Diaz thanked Ms. Larson -Cash for installing soap dispensers in parks. He praised the importance of the senior wellness checks and how much they mean to this isolated population during the pandemic. He commended both Ms. Larson -Cash and Fire Chief Russell for their work with the vaccination clinics. City Council Minutes of June 8, 2021 Page 9 of 33 In response to Council Member Valencia's inquiry, Ms. Larson -Cash advised they have increased greenspace and acreage whenever possible and noted it is always a priority. She advised she could not directly state if the increases were proportional to population growth but promised she would get this information. She did express doubts the two were in proportion. Council Member Valencia encouraged the City to look at the metric of adding greenspace in proportion to population growth. Council Member Moreno praised how present Community Services was throughout the pandemic with a "just let us know when and where approach." In response to Council Member Moreno's inquiry, Ms. Larson -Cash clarified how the recreational services and human and neighborhood services budgets are somewhat separated from the rest of Community Services. In response to Council Member Moreno's inquiries, Ms. Moreno clarified the apparent shrinking of the Community Services budget is the same misunderstanding of the presentation as with APD's budget. She clarified the difference of looking at the budget as a percentage of all expenses as opposed to as a percentage of just the services expenses. She confirmed the numbers he needs to be looking at for a proper comparison should not include the debt service accounting for 14% of the total budget. In response to Council Member Moreno's inquiries, Ms. Larson -Cash advised the staffing numbers in the proposed budget maintain the status quo. She advised not all of the positions are funded and she is working with the City Manager on this matter. She reported they have neither increased nor decreased the number of positions. She advised part-time positions in Community Services are vital as they are often the front-line service staff and noted the number of part-time employees is large because they depend so heavily upon them. She explained it is hard to compare this year's numbers with anything because of how much pandemic -related pivoting they had to do but a lot of the employees whose buildings or programs were closed worked in food distribution or other areas where there was a sudden staffing increase needed. She advised there were personnel savings overall but it would not be a good comparison figure for any other year. She advised having part-time workers creates more flexibility and noted there are areas she would like to backfill with full-time employees, but they do their best to balance full-time and part-time. Council Member Moreno urged City Council to follow Police Chief Cisneros' pillars of prevention, intervention, and enforcement. He advised Community Services is a big part of the prevention pillar for youth and in neighborhoods and noted they also build community capital and forge bonds with the City. He encouraged City Council to augment Community Services' budget to add to public safety through prevention. He praised the ever -ready assistance of Ms. Larson -Cash and her dedicated staff and noted the department only receives 10 cents from every dollar spent by the City. Mayor Sidhu reported the budget is the cost of doing business. He noted the City had a big shortfall but pledged to manage it. He praised the budget before them and advised the workshop would be continued to the next City Council meeting. Mayor Sidhu praised the work of APD, AF&R, and Community Services over the last 15 months in helping to get the City out of the pandemic. He urged residents to still keep their guard up. In response to Council Member Brandman's inquiries, Ms. Moreno confirmed in 2014 the City Council passed a resolution to restore APD's sworn officer staffing to pre -recession levels. She confirmed the City currently has some unfunded police positions and advised the 26 officers would not fully bring APD back to the pre -pandemic total of slightly over 400. Mr. Vanderpool confirmed the number is 406. Police Chief Cisneros confirmed the proposed budget includes 386 sworn officers. City Council Minutes of June 8, 2021 Page 10 of 33 In response to Council Member Moreno's inquiry echoed by Mayor Sidhu, Mr. Vanderpool clarified the budget funds 409 but administratively they have committed to filling 386 positions. He advised he committed to working with Police Chief Cisneros to increase the complement as they emerge from the pandemic and budget crisis. Ms. Moreno confirmed the budget authorizes 409 but they have funded 386 at this point. Council Member Brandman recalled at the time of the recession they had 405 but the number had dwindled to 348 by 2011 or 2012. He requested staff investigate if there is a way to adhere to the 2014 Council Policy over the next two weeks until the next budget workshop and determine if they can get up to 406 sworn officers. At 5:07 P.M., Mayor Sidhu recessed the City Council and reconvened the City Council at 5:21 P.M. MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Jose Diaz, Jordan Brandman, Jose F. Moreno, Avelino Valencia, and Trevor O'Neil (in person). Mayor Pro Tern Stephen Faessel (via teleconference). Mayor Pro Tern Faessel joined the meeting in person at 6:19 P.M. INVOCATION: Council Member Jose Diaz FLAG SALUTE: Mayor Pro Tem Stephen Faessel Acceptance of Other Recognitions (To be presented at a later date): Recognizing June 13 — 19, 2021, as National Flag Week ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items, except public hearin City Clerk Theresa Bass reported that a total of 7 public comments were received electronically prior to 11:30 A.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of 8 public comments were received electronically and distributed to the City Council and made part of the official record]. — See Appendix. R. Joshua Collins, Founder of Homeless Advocates for Christ, encouraged everyone to give their lives to Jesus and advised everyone needs forgiveness. He reported homeless are getting kicked out of shelters for minor things and he called for more walk-in shelters as the homeless are waiting to get into shelters and requested a streamlining of the procedure. He called for more housing solutions as some wait years in shelters without finding housing and advised housing navigators may need better training. He reported Paul Hyek is in his 70s and waited years to find housing. Nathan Zug spoke on behalf of the Board of Directors of the JMH-Anaheim Foundation, Inc. in support of Item No. 10, also known as the Better Way Anaheim agreement. He thanked City Council for its investment in Better Way Anaheim (BWA) over the last three and a half years. He advised they have provided 1,460 opportunities over that span for individuals to receive genuine human touch, encouragement, and support. He reported they have completed hundreds of projects across the City and advised BWA has served at the request of many City departments. He advised during the pandemic they served weekly at Boysen Park's Riverbed Farm running regular food pantries feeding 1,000 families per week. He advised they aided in the opening of the new Maxwell Dog Park and performed yard work regularly for senior citizens. He praised the skills the participants develop and City Council Minutes of June 8, 2021 Page 11 of 33 looked forward to continuing to serve the City over the next three years to build an Anaheim -specific employment network. Mike Robbins reported to Council Member Valencia there was no disruption of minimal essential services. He advised the City is short a tremendous amount of police officers and 50 firefighters, advising that the City of Long Beach has 27 fire stations while Anaheim has 12 and noted it might take up to 10 minutes for the police to arrive and being short firefighters would impact their response time. He noted the City is in debt and also owes significantly for retirement benefits. He advised they cannot rely on non -Anaheim residents and lobbyists to ensure the City is properly funded, stating such lobbyists would advocate for a 24-hour convenience store and car wash right next to a lot of home in blatant disregard for the people of Anaheim. He encouraged the City Council to get more money from the resort industry to fully fund the police and fire departments and to have the best parks. He advised they cannot put the people of Anaheim at risk. Jeanine Robbins expressed support for Item No. 10 and BWA as it fulfills its goal of aiding the unhoused population. She reported she knows many people who have personally benefitted from BWA. She advised the City gave the same amount of money to Anaheim First and stated Anaheim First has morphed into a restaurant coupon site which in no way benefits neighborhoods. She urged City Council to fund BWA, which fulfills its mission. She expressed opposition to the Sunkist Development in Item No. 16 and noted Council was elected to serve the residents of Anaheim. She advised District 5 residents have spoken loud and clear they do not want the development and noted the developer has lied during every stage of the process. She reported the development would also put long-standing small businesses out of business. She encouraged City Council to let the existing businesses stand and not add another car wash, to support the residents, and consider the neighbors who would no longer have a quiet place to live. Paul Hyek expressed support for Item No. 10 and requested City Council make the JHM-Anaheim Foundation the operator of all homeless shelters. He called for an audit of where AF&R paramedics are dispatched, as one of the drivers has multiple traffic violations on his record. He reported the address for City Hall was used by a terrorist as a mailing address. Dean Quiroz advised the pandemic caused him financial hardship and reported the City's Emergency Rental Assistance Program and Anaheim Independencia Family Resource Center move too slowly and asked the City Council to investigate. In response to Council Member Moreno's inquiries, Mr. Quiroz confirmed the Anaheim Independencia Family Resource Center at 10841 Garza Avenue is where he was having difficulty. He reported he has had a problem with them for a month and keeps being sent back and forth between the center and the City's program. He expressed concerns about fraud after giving the center personal information. City Manager Jim Vanderpool clarified the address is a County island and advised he would be happy to help Mr. Quiroz work with Supervisor Doug Chaffee's office for assistance. Matthew Marical addressed pay -to -play politics and special interests and reported Anaheim lnvestigator.com confirmed Council Member Valencia is guilty of this as a Form 802 confirms in April Council Member Valencia gave over $3,000 worth of City -owned Los Angeles Angels tickets to well-connected friends and political backers. He noted this should raise questions of whose interests Council Member Valencia is prioritizing and what else is he doing to repay those special interests. He advised Anaheim politicians for as long as he can remember have been controlled by corporate He reminded the Council Members they work for the people, quoted from one of Council City Council Minutes of June 8, 2021 Page 12 of 33 Member Valencia's campaign speeches pledging to dedicate himself to the residents, and alleged he lied. Council Member Valencia advised he is not the only Council Member rewarding members of the community who do well with tickets. In response to Council Member Valencia's inquiry, City Attorney Robert Fabela advised City policy allows Council Members to give tickets to members of the community and he has no information that it was done inappropriately by Council Member Valencia or any other Council Member. Fred Sigala Jr. advised his neighborhood, like much of Anaheim, is a beautifully diverse place no one wants to help. He advised it was neglected until local Arab -American businesses encouraged people to move to the area that became Little Arabia. He advised Mayor Sidhu and other City Council Members are on the record referring to the neighborhood as "Little Arabia" although they refuse to officially recognize it as such. He inquired why this designation cannot become official and expressed hopes the City Council intends to serve its residents in a fair and unbiased manner. He noted it is troubling the City Council calls for tolerance for other minority groups but continues to ignore the call to even discuss Little Arabia's designation. He advised it is hypocrisy and expressed hopes the City Council opens its eyes to it. He advised ignoring this leaves a minority group behind in its economic recovery from the pandemic. He reported no one is looking for Resort -level tax breaks or Angel Stadium -sized funding, but rather just signs, acknowledgment, and respect. He advised it would help bring more business to the area and questioned if big businesses may be influencing the City Council's inaction and expressed doubts this recognition would have any impact on those big businesses. He expressed his love of Little Arabia and urged Council to visit to see their success and to do the right thing by opening a discussion on the matter. Bryan Kaye commented about the Police Department, stating they do not share information and alleging that Police Chief Cisneros improperly addresses his situation. He stated APD has 90% good officers but alleged City Council does not care about them as they support officers not doing their job properly. He praised former Deputy Police Chief Julian Harvey for his honesty. Mayor Sidhu advised the City is committed to freedom of speech and the microphone allows everyone to address the City Council with ideas and concerns. He advised the City Council encourages everyone to do so with civility and respect as the most effective way to get their point across. He advised, unfortunately, not everyone aspires to do this and noted Anaheim condemns hate speech and offensive language but its commitment to freedom of speech means taking the good and the bad. Council Member Moreno requested a point of privilege on behalf of Police Chief Cisneros. He advised Police Chief Cisneros has presented himself at every meeting he has requested of him and has never shied away from engaging with the public. He expressed appreciation for Police Chief Cisneros for engaging with the public. Council Member Brandman asked for a point of personal privilege because he was attacked. Mayor Sidhu did not grant his request. Cecil Jordan Corkern recommended to cut off the internet feed when speakers start cussing. He reported he discovered Bugs Bunny pornography on local television. He advised someone from Warner Brothers Entertainment committed suicide in prison. He reported he is conducting Disneyland's reports on COVID-19. He reported this document states the parks will reopen on April City Council Minutes of June 8, 2021 Page 13 of 33 21 st and provides safety protocols. He advised residents are supposed to be getting discounts for the parks from the City. He advised Good Samaritans to staff the mobile hospitals to help save lives. He requested a meeting with the City Manager and advised the City and John from Disneyland were giving him $500 for groceries before the pandemic. Vern Nelson reported the veteran's groups waiting for a dedicated Orange County cemetery have grown tired of the City of Irvine to act and now want to have the cemetery in Anaheim Hills' Gypsum Canyon. He read a press release from Nick Berardino, President of the Veterans Alliance of Orange County (VALOR) confirming they are abandoning efforts to build a cemetery at the former Marine Corps Air Station El Toro in Irvine. Mr. Berardino's statement denounced the roadblocks they encountered in Irvine and advised they will now fervently work with Orange County and State officials to have the cemetery built in Anaheim Hills. Mr. Nelson advised this is something they can all work on together. Bryan Kaye shouted at Council Members Brandman and O'Neil from the audience. Mayor Sidhu advised he would ask him to leave or have an officer take him out of the room if he is going to disrupt the meeting. Donna Acevedo Nelson advised her son was killed by the APD in 2012 the day after Manuel Diaz was killed by APD which brought her to make her first City Council appearance two days later along with Mr. Diaz's mother Genevieve Huizar and reported Ms. Huizar died last week. She advised there are still a lot of people who want transparency and accountability from the APD and pledged not to give up until she is dead. She reported Ms. Huizar was a fighter who gave her strength. She reported Ms. Huizar went to Court against the City and won despite many obstacles. She advised people like herself and Ms. Huizar are not going away. She noted when Council Member Valencia inquired about the ticket policy made her think it may be permissible to give tickets to friends who donated to his campaign but it is not the right thing to do. She advised it does not look good or create trust in the community and noted it looks like he is stealing from the citizens and giving it to his buddies even if policy allows it. She advised it reminded her of policy -driven exchanges with the APD. She praised the work of former Deputy Chief Harvey trying to get things done for her. She advised Council Member Valencia's ticket usage is not right even if it is permissible. Mayor Sidhu granted Council Member Brandman's previously -requested point of privilege. He declined to speak. CITY MANAGER'S UPDATE: City Manager Jim Vanderpool reported that the Center of Hope Permanent Supportive Housing project has been recommended for full State Tax Credit funding and the Salvation Army is on track to secure the $35 million needed to initiate Phase I of the Permanent Supportive Housing project with construction targeted to start in early December 2021 including 70 permanent supportive housing units in Anaheim. He thanked the Salvation Army for their continued partnership in addressing homelessness. Mr. Vanderpool acknowledged the student winners of the annual water conservation poster contest who were recognized at an event at the Honda Center on May 19th. He reported that an enforcement operation was conducted by the South Community Policing Team, Railroad Police, and Code Enforcement along the railroad tracks near Cerritos Avenue, Allec Street, Lincoln Avenue, and Loara Avenue on May 24t', which resulted in multiple contacts for services and the removal of encampments. City Council Minutes of June 8, 2021 Page 14 of 33 CONSENT CALENDAR: At 6:11 P.M., the consent calendar was considered. Pursuant to Government Code §54953 and prior to final action by Council on Item No. 02, City Clerk Theresa Bass provided an oral summary of salary and benefits, pursuant to Government Code §54953, that the appointment of Sjany Larson -Cash to the position of Community Services Director included salary in the amount of $202,000 annually and all benefits as provided to all other executive managers. MOTION: Council Member O'Neil moved to waive reading of all ordinances and resolutions and adopt 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 Valencia. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried B105 1. Receive and file minutes of the Public Utilities Board meeting of April 28, 2021. AGR- 2. Approve the appointment and associated Employment Agreement with Sjany Larson -Cash for 12739 the appointment to the position of Community Services Director, effective June 11, 2021; and authorize the City Manager to execute and administer the agreement. D180 3. Accept the bid from Sage Environmental Group LLC, in the amount of $198,000 and a 15% contingency, for as -needed fire prevention and habitat restoration services using goats in various locations for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9517. D180 4. Accept the bid from Asbury Environmental Services, in the amount of $39,028 plus applicable tax and a 20% contingency, for as -needed hazardous waste disposal services for various city departments and locations for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9523. D180 5. Accept the bid from P.L. Hawn Company, Inc., in the amount of $56,504.21 plus applicable tax and a 20% contingency, to provide HVAC filters on an as -needed basis for Public Works and the Anaheim Convention Center for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9522. D180 6. Accept the bid from P. F. Services, Inc., in the amount of $71,181.50 plus a 20% contingency, for providing tank testing and certifying services for the Public Works Department 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 #9490. D180 7. Accept the bid from American Freedom Security, LLC, in the amount of $68,455 plus a 20% contingency, for security guard services at Anaheim Public Utilities' facilities and other city - owned facilities, if needed, for a one year period with two one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9527. AGR- 8. Approve Workforce Innovation and Opportunity Act (WIOA) agreements, in substantial form, 12771 with Emazing Lights, LLC and Reborn Cabinets, each in an amount not to exceed $100,000, AGR- for the provision of On -site Job Training each for a term expiring on June 30, 2023; and 12772 authorize the Acting Director of Community and Economic Development to execute and the Workforce Development Manager, or designee, to administer the agreements. City Council Minutes of June 8, 2021 Page 15 of 33 FROM: 9. Approve Workforce Innovation and Opportunity Act (WIOA) agreements, in substantial form, AGR- for the provision of occupational skills training each for a term expiring on June 30, 2023, and 12773 authorize the Acting Director of Community and Economic Development to execute and the TO: Workforce Development Manager, or designee, to administer the agreements with the AGR- following contractors and their respective contract amounts: 1) WIOA agreements each in an 12785 amount not to exceed $50,000 (Flywire, Inc. dba American Trade Academy; and Inter -Coast International Training, Inc. dba InterCoast Colleges); 2) WIOA agreements each in an amount not to exceed $100,000 (America Truck Driving School, Inc.; American Career College, Inc.; California Truck Driving Academy, LLC; E. Cubics, LLC dba QBICS Career College; Instrument Personnel, Incorporated dba College of Instrument Technology; KD Education, LLC dba Healthstaff Training Institute; QPE Technical Institute, Inc.; Southern California Education Corporation dba Southern California Institute of Technology; and United Education Institute dba UEI College); 3) WIOA agreement in an amount not to exceed $150,000 (Brownson Technical School, Inc.); and 4) WIOA agreement in an amount not to exceed $300,000 (Career Development Solutions, LLC dba New Horizons Career Development Solutions). FROM: Approve California Work Opportunities and Responsibility to Kids (CaIWORKs) agreements, AGR- in substantial form, for the provision of occupational skills training each for a term expiring on 12786 June 30, 2023, and authorize the Acting Director of Community and Economic Development TO: to execute and the Workforce Development Manager, or designee, to administer the AGR- agreements with the following contractors and their respective contract amounts; 1) 12791 CalWORKs agreements each in an amount not to exceed $100,000 (American Career College, Inc.; California Truck Driving Academy, LLC; Career Development Solutions, LLC dba New Horizons Career Development Solutions; and QPE Technical Institute, Inc.); 2) CaIWORKs agreement in an amount not to exceed $150,000 (United Education Institute dba UEI College); and 3) CaIWORKs agreement in an amount not to exceed $300,000 (E. Cubics, LLC dba QBICS Career College). AGR- 10. Approve an Agreement with JMH-Anaheim Foundation, Inc. doing business as Love Anaheim, 12740 in an amount not to exceed $279,225, for the Better Way Anaheim project to coordinate resources, bridge organizations, provide homeless participants with service projects, and a skills development program for a one year term with an option to renew for two additional one- year terms; and authorize the City Manager, or designee, to execute and administer the agreement. D175 11. RESOLUTION NO. 2021-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM concerning the status and update of the Circulation Element, Mitigation Fee Program, and Pavement Management Plan for the Measure M (M2) Program. Adopt a Seven -Year Capital Improvement Program and authorize staff to submit it to the Orange County Transportation Authority. Pilo 12. RESOLUTION NO. 2021-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of public street easements located at 505-555 North Euclid Street pursuant to California Streets and Highways Code Section 8330, et seq. - summary vacation (Abandonment No. ABA2020-00404). F130 13. RESOLUTION NO. 2021-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to grant a franchise with Torrance Pipeline City Council Minutes of June 8, 2021 Page 16 of 33 Company LLC for the right to maintain and operate a system of pipelines for oil, gas and other substances in Jefferson Street and establishing a time and date of a public hearing to consider such franchise [includes determination that the proposed franchise is exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 15284 (Pipelines) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the franchise will have a significant effect on the environment; public hearing scheduled for August 10, 2021]. D114 14. Approve minutes of the City Council meeting of September 15, 2020. City Manager Jim Vanderpool announced the appointment of Sjany Larson -Cash as the City's new Director of Community Services. He advised he has been incredibly impressed with her talents, dedication, and enthusiasm for serving the people of the City of Anaheim. He wished her the best of luck in her new role and thanked Mayor Sidhu and the City Council. He assured them she went through a rigorous outside recruitment process and thanked them for their support in approving the contract. END OF CONSENT CALENDAR: D116 15. Update on the City's Response to COVID-19. Mayor Sidhu reported the City's success fighting COVID-19 continued and advised numbers remain at low levels a month after fans returned to Angel Stadium and Disneyland reopened. He advised the City has come back to life and he looked forward to the June 15, 2021 end of restrictions. Mayor Sidhu reported vaccines were working, which means freedom for residents and the City from masks and restrictions. He advised the vaccines mean freedom to get back to businesses and to be with friends and family. He thanked all who have been vaccinated and advised there is no reason for residents to wait if they have not been vaccinated as they are widely available across the City. Chief Communications Officer Mike Lyster provided an update and reported the regular City and County dashboard indicates consistent, stable low numbers have held with the reopening. He noted the County metrics of case rate, positivity rate, and health equity rate are all below 1%. He advised any of the minor upticks were not concerning as they were simply natural minor fluctuations. He reported the data for each of the City's seven zip codes, with the vast majority seeing even lower numbers than the week before with increases within the natural fluctuation range. Mr. Lyster reported on June 5, 2021 the City concluded operations for the Anaheim Convention Center super Point of Delivery (POD) which had been open since February 23. He advised 400 City employees from a multitude of departments were among the 2,000 people who worked at the site. He reported the City's large vaccine sites combined to administer 510,028 shots with 6,659 at the North Net Training Center, 232,301 at the Disneyland super POD, and 273,063 at the Convention Center super POD. He advised the City's neighborhood clinics have administered 4,201 shots to date and advised 24 neighborhood clinics have been held, with 11 upcoming. Mr. Lyster reported the strategy moving forward would include a standing neighborhood clinic every Monday at the Brookhurst Community Center along with weekly afternoon mobile clinics. He noted the latter may only do a dozen vaccines a day but are the most critical by reaching residents challenged to attend other sites. He advised the City's efforts were now supplemented by the widespread availability of the vaccine at health care providers and pharmacies. He noted this was a City Council Minutes of June 8, 2021 Page 17 of 33 more normal distribution of vaccinations without requiring the City and County to do all of the heavy - lifting. Mr. Lyster reported the State data had not been as regularly updated as desired but he could estimate between 61-64% of Anaheim residents have at least one shot with 49.3% fully vaccinated. He displayed the data by zip code, noting the vaccination rate for those over 65 years of age ranged from between 78% and 89% while those under 65 years of age have been vaccinated at rates ranging from 42% to 50%. DISCUSSION: Mayor Sidhu praised having over 500,000 vaccinations given in Anaheim and noted it reflected the City's commitment. He thanked all of the City staff who helped residents get vaccinated along with those from outside the City who helped at Anaheim's vaccination sites. He advised the vaccine is widely available at major stores for those who have not yet received it along with the neighborhood clinics. He expressed hopes the numbers would continue to improve so they could fully reopen on June 15. Council Member O'Neil praised staff and community volunteers. In response to Council Member O'Neil's inquiry, Mr. Lyster reported the end of the City's emergency declaration is a milestone to aspire to. City Attorney Robert Fabela advised the local emergency ends when the City Council says it does. He advised Governor Newsom's order rescinded one standard requirement of cities by not having to renew local declarations every 60 days. In response to Council Member O'Neil's inquiry, Mr. Lyster reported some of the funding received by the City was premised on an emergency being in place. He advised staff would want to investigate and determine if removing the declaration would preclude the City from receiving certain funds. Council Member O'Neil urged the City Council to remember they took swift action to declare the State of Emergency and should take swift action to end the State of Emergency when it was no longer necessary. Council Member Valencia thanked the City team for its work and volunteerism. He praised the closing of the Convention Center super POD as a positive turning point and praised Mr. Lyster for being the voice of the City and collecting all of the data. Mayor Pro Tern Faessel praised the leadership of the City and its employees. He advised the pandemic was not over but they are pretty far down the road. He applauded the curbside neighborhood clinics, which he had wanted from the start, and expressed his appreciation. Informational item — No action taken. PUBLIC HEARING: C220 16. CEQA CATERGORIAL EXEMPTION, CLASS 32 CONDITIONAL USE PERMIT NO. 2019-06035 TENTATIVE PARCEL MAP NO. 2020-100 ADMINISTRATIVE ADJUSTMENT NO. 2020-00449 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO.2019-00148 (DEV2019-00042) OWNER: 5 G, LLC, Morrie Golcheh, 1180 S. Beverly Drive, Suite 300, Los Angeles, CA 90035 City Council Minutes of June 8, 2021 Page 18 of 33 APPLICANT: Anaheim Care LLC, Shira Zaghi, 6077 W. Pico Boulevard, Los Angeles, CA 90035 PROJECT LOCATION: This 1.86-acre property is located at 2501-2525 East Ball Road, at the northeast corner of Sunkist Street and East Ball Road. REQUEST: The applicant requests approval of the following land use entitlements: (i) a conditional use permit to construct a new 24-hour convenience market with gas sales and an express carwash with ancillary vacuums, (ii) an associated Determination of Public Convenience or Necessity to permit off -premises sales of alcoholic beverages, (iii) an administrative adjustment to exceed the maximum permitted wall height along the northerly (residential) property line; and (iv) a tentative parcel map to consolidate three parcels into two lots. ENVIRONMENTAL DETERMINATION: The City Council will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15332 (Class 32 Infill Development). ACTION TAKEN BY THE PLANNING COMMISSION: Approved with three advised conditions of approval, 1) To require that perimeter wall be constructed prior to demolition of the existing commercial building or grading activity, 2) Limiting fuel deliveries to between 7:00 a.m. to 11:00 p.m., except under exigent circumstances, and 3) Allowing Public Works Director to monitor and prohibit left -turn movements to and from the Sunkist driveway, if deemed necessary. Condition No. 69 was modified to state that signs requiring patrons to turn car radios off while vacuuming shall be posted within the carwash queue line near the point of sale and at the exit tunnel. Condition No. 70 was modified to remove the indication that the car wash will be open "for a 12 hour period of time" when stating that car wash may not open before 7:00 a.m. (PC2021-012, PC2021-013). VOTE: 3-2-2 (Chairperson Pro-Tempore Meeks and Commissioners Mulleady and Vadodaria voted yes. Chairperson Keys and Commissioner White voted no. Commissioners Kring and Perez abstained.) (Planning Commission meeting of April 12, 2021) Appealed by: Vern Nelson. RESOLUTION NO. 2021-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2019-06035, Public Convenience or Necessity No. 2019-00148 and Administrative Adjustment No. 2020-00449 and making certain findings in connection therewith (DEV2019-00042) (2501-2525 East Ball Road) [includes determination that the proposed project is categorically exempt from the provisions of CEQA as it is within that class of projects (i.e., Class 32 — In -fill Development projects) which consists of in -fill development meeting the conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant effect on the environment]. RESOLUTION NO. 2021-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 2020-100 and making certain findings in connection therewith (DEV2019-00042) (2501-2525 East Ball Road). Planning and Building Director Ted White advised the item is an appeal of the Planning Commission's approval of a 7-Eleven service station and car wash at the northeast corner of Ball Road and Sunkist Street. He advised the applicant requested a Conditional Use Permit (CUP) for a 24-hour convenience store with fuel cells along with an express car wash. He advised the item also includes an associated Determination of Public Convenience or Necessity to permit off -premises sales of alcoholic beverages, an Administrative Adjustment to build a 12-foot wall on the north side bordering residential properties, and a Tentative Parcel Map to consolidate three parcels into two lots. City Council Minutes of June 8, 2021 Page 19 of 33 Mr. White reported the nearly -two acre property currently houses a 17,000 square foot building with a mix of commercial uses which includes a mini -market, a liquor store, and other businesses including the Jagerhaus German Restaurant. He advised the property is surrounded by single-family residences to the north, a gas station to the west, an office building and single-family residences to the south, and the California State Route 57 off -ramp to the east. Mr. White advised the applicant plans to construct a 2,950 square foot 7-Eleven convenience store with the sale of beer and wine for off -premise consumption and a gas pump canopy with six dispensing stations. He advised a 4,300 square foot car wash facility with separate vacuum stalls would be built on the eastern end of the site and noted both the convenience store and car wash building would be 20 feet in height. Mr. White reported vehicular access would come from two driveways on Ball Road and one on Sunkist Street. He advised access from Ball Road would be right -turn only both in and out while access from Sunkist Street would allow for both left and right turns. He detailed the proposed traffic flow for the car wash and reported 35 parking spaces are proposed between the convenience market and car wash. He advised the 7-Eleven would be open 24 hours a day while the car wash's hours would range from 7:00 a.m. to 8:00 p.m. He displayed elevation renderings of the proposed structures and advised a sound wall near the exit tunnel from the car wash would help minimize noise impacts. Mr. White advised an eight -foot -high wall was originally proposed along the north property line where the car wash abuts single-family homes. He advised eight feet was deemed adequate to mitigate noise from the car wash to a level permissible by the Anaheim Municipal Code (AMC). He reported input from adjacent homeowners led to the applicant agreeing to construct a 12-foot high wall with two feet of plexiglass on top of 10 feet of blocks. He detailed the Tentative Parcel Map to clear up property lines and reported the new lots comply with the zoning standards including setback and parking requirements. Mr. White reported the Planning Commission approved the project by a 3-2-2 vote on April 12, 2021. He reported three Conditions of Approval were advised at the public hearing: the north perimeter wall had to be constructed before demolition of the existing building or grading, fuel deliveries could occur only between 7:00 a.m. to 11:00 p.m., and direction was given to Public Works staff to monitor the Sunkist Street driveway to potentially prohibit left turn ingress and egress. Mr. White reported Vern Nelson appealed the Planning Commission's decision on April 22, 2021. He advised the appeal noted the neighborhood does not support the project and expressed concerns over traffic impacts, safety, the 12-foot high wall blocking sunlight from residences, an overabundance of car washes and 7-Eleven stores in the area, the displacement of existing family - owned small businesses, and a bad faith developer. He reported the appeal noted the Planning Commission's close vote. Mr. White reported City staff, including the Traffic Engineer and the Anaheim Police Department (APD), have reviewed the project and believe the traffic and safety concerns have been adequately addressed and the project would not be detrimental to the surrounding areas. He noted the 12-foot high wall includes two feet of plexiglass to allow sunlight to pass through. He reported all business owners have been contacted by the City's Economic Development staff for relocation assistance. He advised the AMC allows for the proposed uses with a CUP and does not limit the number of these uses in the City. City Council Minutes of June 8, 2021 Page 20 of 33 Mr. White detailed the applicant's community outreach efforts, which started with the December 4, 2019 meeting where over 100 attended with many expressing concerns. He noted many concerns were over the future of the Jagerhaus restaurant that has been operating at this property for over 40 years. He reported the applicant directly reached out to homeowners north of the property on Hilda Street and tenants of the existing building in regards to relocation efforts. He advised the City has also reached out to the business owners to assist with relocation efforts and reported two tenants received grants from the Anaheim Small Business Grant Program, one has permanently closed, and two are in the signing process for new locations. He advised Jagerhaus has entered a 10-year lease to relocate to 30 South Anaheim Boulevard, just half a block from City Hall. Mr. White reported the item was first heard by the Planning Commission on January 20, 2021 before it was continued to April. He advised, at the Commission's direction, the applicant hosted a virtual community meeting on February 17 with 30 attendees. He reported staff recommends upholding the Planning Commission's action and denying the appeal. DISCUSSION: In response to Council Member O'Neil's inquiry, Mr. White confirmed the standards for weighing an appeal are Code standards not being met, including compatible usage, and not conjecture. He advised the appeal of a Planning Commission appeal is treated as a public hearing over the findings, CUP, Administrative Adjustment, Determination of Public Convenience and Necessity, and potential impacts on surrounding properties, public health, and safety. He reported the Planning Commission and staff's findings are all included in the resolution and clarified the hearing on the appeal is not the same as a rehearing. In response to Council Member O'Neil's inquiries, Mr. White confirmed the traffic studies were done pre -pandemic and reported there were no specific reasons given for the two Planning Commissioners who abstained. City Attorney Robert Fabela clarified Commissioner Lucille Kring had a conflict of interest so she recused herself. Mr. White clarified development by right is considered ministerial by law and only requires a building permit or business license. He advised, in those cases, there was no discretion regarding the type of land use, no land use entitlement, or special benefit being provided that would not be provided to anyone else. He advised discretionary actions like this one were related to requiring a CUP, Administrative Adjustment, or Tentative Parcel Map. He advised staff typically would not have come to City Council for approval if not for the appeal. He advised there was discretion related to the findings and impacts of the project and its issues of compatibility. He clarified it was the adjacent residences that have led to this. In response to Council Member Moreno's inquiry, Mr. White confirmed the community's input can be considered substantive relative to the City Council's review. He cautioned it is at the City Council's discretion to determine what is substantive and noted the decisions are related to land use. He noted the comments may have more merit in one Council Member's opinion than another Council Member's opinion. He advised staff looks at it through a lens of compatibility, land use, public health, and safety. In response to Council Member Valencia's inquiries, Mr. White reported the site plan went through several iterations to address many concerns from staff. He advised the vacuum stalls' angled parking was chosen for reasons of site flow and to help accommodate the required landscape setback along Ball Road. Traffic Engineer Rafael Cobain advised part of the reason it is angled is for circulation through the site so vehicles coming out of the car wash do not conflict with vehicles in the queue to enter. In response to Council Member Valencia's inquiries, Mr. Cobain advised the parking spaces in front of the 7-Eleven are also not angled due to the type of customers being served and noted those customers are typically quick in -and -outs. He advised the store could be easily accessed from all City Council Minutes of June 8, 2021 Page 21 of 33 three entrances and also has parking on its west side. He noted, during peak hours, more cars would be lined up for the car wash than the 7-Eleven. He confirmed there is no concern of traffic backups at the east end of the property because about 30 cars can queue up on -site before reaching the public right-of-way. In response to Council Member Valencia's inquiries, Mr. Cobain estimated Guinn Elementary School and Katella High School are about 1,700 feet north of the site. He advised they studied six existing car wash stations and found a peak demand on Saturdays with nine vehicles queued up. He advised this plan allows for 30 queued vehicles on -site and confirmed it is more than sufficient. In response to Council Member O'Neil's inquiries, Mr. White clarified the project's only deviation from the Code is the height of the wall. He advised the Parcel Map is discretionary but meets all of the requirements. He confirmed the taller height of the wall was done as a compromise to neighbors as an attempt to attenuate noise and protect residents. He confirmed that while everything on the site meets Code other than the wall, the applicant would still require a CUP. He clarified the City Council has very broad discretion as it relates to using elements like relocating businesses for the basis of assessing an appeal. He clarified issues of neighborhood compatibility are relative to a CUP, advised displacement of businesses are not typically part of this, and noted private transactions by right regularly displace businesses. Mayor Sidhu reported ex-parte communications with a representative of the developer along with Council Members Valencia and Diaz. Mayor Pro Tern Faessel reported ex-parte communication with a representative of the developer who provided an overview of the project. Council Member O'Neil clarified he was contacted but had no discussions. Council Member Moreno advised had had ex- parte communications directly with the developer over a year ago, not via his lobbyist. Mayor Sidhu opened the public hearing. Appellate Vern Nelson advised the City Council does not have to approve this CUP for a 600-car a day car wash, 24-hour 7-Eleven, and a gas station just because an out-of-town speculator hired a powerful lobbyist and contributed to them all. He explained this is not how a representative government is supposed to work and advised City Council they are not a paid -off rubber stamp. He advised no one believes it is always true a property owner has the right to do whatever they want with their property. Mr. Nelson explained when a developer swoops in to buy property in a built-up city and wants to do things to the property the neighborhood does not want while displacing established local small businesses, it is up to the Planning Commission and City Council to ask whose interests they work for. He advised the applicant has tried the same thing all over Southern California and many who have allowed it have regretted it. He advised the applicant tried to do a similar project in the City of Pomona but their City Council and Planning Commission care about its voters and quality of life and rejected the application. He reported the speculator sold the property and came to Anaheim where they figured if they made some contributions and hired lobbyist Jeff Flint they could do whatever they wanted. Mr. Nelson urged the City Council to prove him wrong and vote on the peoples' side for once. He noted how close the Planning Commission's vote was, in part because Commissioner Kring did the honorable thing with recusal because she had received a contribution from the applicant. He advised the Council Members should also recuse themselves because they received the same contributions. City Council Minutes of June 8, 2021 Page 22 of 33 Mr. Nelson reported new Planning Commissioner LuisAndres Perez abstained because he felt like he did not have enough information but only later learned that Planning Commissioners are not supposed to abstain without a real conflict. He reported Commissioner Perez later told many residents he would have voted no and the project would have been denied. He advised the project should have been denied by the Planning Commission and does not need to happen. He urged the City Council to do the right thing and deny the project. Mr. Nelson urged everyone to not get distracted by the mind -numbing details from the applicant about how they agreed to make their project slightly less awful. He advised the tiny mitigations and cosmetic improvements should not trick people into believing the project is now good and advised it is still a project Anaheim does not want or need. Mr. Nelson addressed the wall that would mitigate sound but overshadow the back yards of the homeowners on South Hilda Street. He reported there would be no sunlight or view of the sky to the south but rather perpetual shade. He noted one South Hilda Street resident was already selling his home. He advised the best choice between the dilemma of a cacophony of noise and no sunlight was not having the car wash at all. Mr. Nelson advised the traffic was already bad in the area, which sees gridlock for much of the day between the freeways and neighboring schools, and questioned the study by the applicant's traffic expert. He noted there are already eight car washes within one mile of the proposed site and there is an application to build a 10th one near the intersection of State College Boulevard and Lincoln Avenue. He advised there are six 7-Elevens within a couple of miles and a popular gas station across Sunkist Street that would lose business. He advised no one wants or needs this aside from the applicant. Mr. Nelson relayed concerns from neighbors about the late -night activity at the planned 24-hour 7- Eleven, including loitering and brawling with the overworked APD expected to provide security. He advised this is privatizing the profits and socializing the costs. He noted the Planning Commission suggested hiring a night-time security guard but settled for a promise of security cameras. He reported there are already homeless people who sleep behind the existing plaza, angering residents. He advised the current property owner is already a bad neighbor and expressed hopes they would sell it to someone else for the benefit of all. Mr. Nelson questioned the applicant's credibility and the honesty of her comments to the Planning Commission, particularly regarding her claims that the project has neighborhood support. He reported the Planning Commission received nearly 1,000 emails in opposition to the project from the neighborhood and almost none in support. He advised the Jagerhaus has 4,000 emails supporting the restaurant staying where it is and 2,200 signatures on a Save the Jagerhaus petition. He noted the applicant was not able to show the Planning Commission this level of neighborhood support. Mr. Nelson noted the applicant admitted later in the same April 12, 2021 public hearing that 8 of the 10 adjacent residents of South Hilda Street did not want the project, with one being ambivalent, directly contradicting her earlier statement to the Planning Commission. He encouraged the City Council to not believe the applicant's claims and promises. Mr. Nelson advised Council Member O'Neil praised the pro -business City Council but noted this was for a Los Angeles developer and killing nine Anaheim small businesses. He advised Council Member Valencia spoke in March of how hard Anaheim's small business community has been hurt by the pandemic so he should be protecting the small businesses currently at Sunkist Plaza. He advised Council Member Diaz is an immigrant who owns a small business, just like the six immigrant -owned City Council Minutes of June 8, 2021 Page 23 of 33 businesses in Sunkist Plaza, and urged them to think of their fellow immigrants before they are all displaced and put out of business. Mr. Nelson advised this is Mayor Pro Tern Faessel's district and half of these neighbors voted for him. He noted Mayor Pro Tern Faessel knows how unpopular the project is and suggested Mayor Pro Tem Faessel should fight passionately against it tonight. Mr. Nelson expressed hopes the City Council would do the right thing and stand up to Mr. Flint. He advised the applicant paid Mr. Flint at least $100,000 in February after refusing to help the displaced tenants. He addressed Mr. Flint's past associations and actions as not benefiting residents. Mr. Nelson noted Mr. Flint contributed to help fight recall efforts against Mayor Sihdu, advised Mr. Flint does not need to have a 100% success rate, and urged the City Council to listen to Anaheim's people. Mr. Nelson praised Jagerhaus owner Sandy Schwaiger's opposition to the project from its beginning and advised she has occupied her current space for 40 years, providing a meeting place for many community groups. He advised the Jagerhaus is one of Anaheim's two German restaurants and noted it is internationally popular. He reported she is stuck relocating no matter how this hearing turns out because she signed a 10-year lease to move downtown and advised it is an expensive move in a challenging year. He advised the applicant promised Ms. Schwaiger $100,000 to help her move in front of a crowd of witnesses. He reported she denied making this offer and later offered $40,000 with the condition of not speaking against this project. He advised Ms. Schwaiger is currently in the hospital or she would be there tonight to speak out. He advised this appeal came at her request and with her funding even though she has nothing to gain from the appeal having already signed the new lease. He advised she did it to help the remaining small businesses at Sunkist Plaza and in solidarity with her neighborhood. Mr. Nelson reported a City official told Ms. Schwaiger the car wash is inevitable and she may not like how the appeal turns out for her. He reported the Department of Health showed up at the Jagerhaus two hours later looking for reasons to close it and noted they visited the next few days as well, which is unprecedented in her 40 years of business but Ms. Schwaiger weathered it for running a tight ship. Mr. Nelson praised Ms. Schwaiger for allowing for this little bit of accountability and democracy in Anaheim through funding the appeal. He encouraged residents to thank her by dining at the Jagerhaus and patronizing the other Sunkist Plaza businesses. He urged the City Council to do the right thing for the people who voted for them. Applicant Shira Zaghi spoke on behalf of her father and brother and their family -run commercial real estate business. She advised they are immigrants who feel for the position of the Sunkist Plaza's tenants. Ms. Zaghi advised community is important to them and they heard the perspective of 100 Anaheim residents at the initial community meeting about this project. She advised they continued the community outreach by knocking directly on over 150 doors and reported support was overwhelming from people who appreciate new business and jobs. She reported they also hosted a virtual town hall to talk about the project with residents. She thanked City staff for its hard work throughout the process and thanked the community for its hospitality and input to improve the project. Ms. Zaghi advised the original vision for the project included an eight -foot wall meeting AMC standards and satisfying the sound studies. She advised the neighbors requested a 10-foot wall with City Council Minutes of June 8, 2021 Page 24 of 33 two feet of plexiglass on top and they agreed to include it in the plan. She explained the car wash tunnel traps sound inside to help mitigate noise concerns of neighbors and noted the wall at the car wash's exit is designed to bounce sound onto Ball Road. She advised there is also a five -foot -high wall above the 7-Eleven to help block sound. She explained the extra height of the wall in question only increases sound protection by zero to three decibels because so much had already been done to mitigate noise. Ms. Zaghi reported the current plaza's tenants all have month -to -month leases due to the action of the previous owner. She advised the lack of leases gives them no obligation to the current tenants as there is no obligation from the tenants to the applicant. She advised they still felt a moral obligation to help them and noted they did not raise their rent to full market values upon purchasing the property. She reported they did not increase the tenants' Common Area Maintenance (CAM) fees despite the purchase of the property drastically increasing the applicant's property tax amount. She advised the combined total of support they have offered tenants is $350,000, including the above CAM freezes, maintaining low rental rates, COVID-19 support, and rent forgiveness. Ms. Zaghi confessed no one is excited about a car wash and gas station but explained the uses work for this site being on a major street just off of a freeway. She advised they have approached many other retailers, including fast-food restaurants, and all declined the site because its narrow shape does not work for many uses. Ms. Zaghi reported, due to the lack of potential uses, they resolved to make it the best gas station and car wash possible. She advised they flipped the orientation of the car wash so the sound from the vacuum stations could be better directed onto Ball Road and not South Hilda Street residences. She advised the reorientation allows for a longer 30-car queue. She advised 25% of the square footage is now being used as landscape, which is the next best thing to a park for neighbors. She reported the design was also modified by increasing the height of the wall, at the request of the neighbors, and noted they have requested 7-Eleven bring in the best franchisee they can. She noted the franchisee would offer jobs to the existing tenants if they were interested. Ms. Zaghi advised the opposition is concerned about a 7-Eleven attracting the homeless. She reported there is already a homeless problem at the site so this is a citywide problem that having a 7- Eleven does not impact. Ms. Zaghi expressed hopes they could gain the City Council's consideration so they could move forward with their plan to further beautify the City. City Clerk Theresa Bass reported that a total of 10 public comments were received electronically prior to 6:00 P.M. related to Public Hearing Item No. 16. [A final total of 11 public comments were received electronically and distributed to the City Council and made part of the official record]. — See Appendix. Maria Sanchez reported she lives on South Hilda Street and does not see how the development would benefit the community. She advised there is a gas station across Sunkist Street from the site and many car washes within a mile and noted there is a problem with the homeless in the area. She reported there is a problem with traffic from having too many apartments in the area and explained it is already difficult to get off of South Hilda Road onto Sunkist Street and this project will only add more congestion on top of the school traffic. She reported the project would add to the freeway noise they already combat and advised the project is money for the City but bad for the community. City Council Minutes of June 8, 2021 Page 25 of 33 Ismael Sanchez advised he used to live in the City of Orange but had issues with how the City operated so he moved to Anaheim. He reported it is already difficult to get off of South Hilda Street due to traffic and advised it was not a good idea to add traffic to their community. He expressed opposition to the proposal. Robert McNall reported he is a homeowner on the north side of the car wash. He advised upon first learning of the project in the summer of 2019 they immediately began emailing the developer. He reported the message from the developer from their first meeting was that they were there for the residents, want to be good neighbors, and put something on the property the neighbors would want. He advised the discussions culminated in the December 2019 meeting where overwhelmingly everyone on South Hilda Street did not want this proposal. He reported the developers have lied to the neighbors from the beginning and do not care what they want. He noted the parcel is permitted for business use so they expect a business to be there. He reported his home -owning neighbors are unanimous in their disapproval of this proposed usage, noting there is a renter who approves of the idea. He advised the developer has promised to be a good neighbor but ignores everything the neighbors tell them. Elias Moussa reported he owns His Nibs Liquor in the Sunkist Plaza and lives just a couple of hundred feet away. He advised he has been there since 2001 and has been very successful. He explained if the developers put him out of business he has nothing else to do. He advised if he loses the business he will be homeless and expressed concern for his employees. He clarified he has a 15- year lease and the new owner advised they would buy him out but he has heard nothing from them on this matter or relocating. He reported his store has old equipment they could not move to a new location, driving his potential relocation costs up to $300,000. Mr. Moussa expressed doubts the City Council would consider bringing another 7-Eleven to the City would rank as one of its biggest accomplishments of 2021. He advised he would invest in something new and needed if it were coming to the site and instead the City Council is giving his business to a multi -billion -dollar company. He reported he is 53 years old and has health concerns so he cannot start a new business. He explained he would have no income and become homeless without the store. Deborah Vagts reported she has lived in the neighborhood for 40 years and is an original South Carl Street homeowner. She advised Sunkist Plaza has been there the entire time and its uses are very compatible with the surrounding residential area, creating little traffic or crime. She noted the shopping center could use some upgrading and advised the proposed development makes no sense to her as there are eight car washes and six gas stations within a mile of the development. She noted there is already a small convenience store in Mr. Moussa's His Nibs that has had no crime or problems. She advised people do not loiter outside the store as you see at a 7-Eleven. She fears the noise of the car wash and increased traffic at an already congested intersection would negatively impact traffic and residents of the surrounding neighborhoods. She explained nothing more could be done to ease the intersection's traffic due to space constraints. Ms. Vagts advised convenience stores like 7-Eleven attract unsavory people and she anticipated an increase in crime. She explained the shopping center is adjacent to the freeway and theorized this would be attractive to criminals who could escape the area easily. She advised the neighborhood is concerned about crime and has an active neighborhood watch and resident -restricted parking. She reported the area is a great location for restaurants due to its proximity to the Honda Center and Angel Stadium down the freeway. She believed property values would be negatively impacted by the project, which is unfair to the area residents. Ms. Vagts expressed shock the City Council would even consider its approval and noted the City Council does not have to approve this project which neither adds anything new to the area nor does it improve the area. She urged the City Council to request the developer submit a project more compatible with the area. City Council Minutes of June 8, 2021 Page 26 of 33 Irene Murphy reported she lives adjacent to the proposed project, would be directly impacted by it, and advised it was not something she wants to see. She reported she does not patronize 7-Elevens and would boycott this one and advised there is no need for another car wash in the area. She advised she likes and patronizes the current businesses in Sunkist Plaza and noted small businesses are being forced out by big corporations that do not add anything to the neighborhood or care about the people who would be directly impacted. Ms. Murphy advised the corner of Ball Road and Sunkist Street is very busy and does not have an easy traffic flow. She reported the traffic is especially bad following games at Angel Stadium. She advised a 7-Eleven on the site would only create traffic and introduce potential problems from the clientele. She applauded all of the previous speakers, questioned why the matter has come this far, and reported residents have not had a say about the development. She urged the City Council to consider those who would be directly impacted and deny the project. Rosalinda Viveros reported she has owned a Sunkist Plaza business for 17 years and this situation is difficult, especially coming out of the pandemic when they should be excited to be reopening at 100% of capacity. She advised the single-family small business owners are all stressing about relocations and reported they kept working during the pandemic year with hopes things would normalize but noted it would not happen for them. She reported the applicant told them they would help relocate their businesses but were only provided a folder of information about financial assistance programs, potential locations that were already rented, would require additional permits, or were too expensive. Ms. Viveros noted how consistent the Sunkist Plaza businesses have been for the past 20 years, creating a small family. She advised it appears as if they have no rights either as tenants or citizens. She reported she is a single mother of two daughters, her business is her sole source of income, and due to the pandemic it is the first time in 17 years she is behind in her rent and she does not know what to do. She noted there may be nine homeless families if they cannot find a way to move their businesses and noted none of them are finding a potential relocation easy. She advised even if they fully reopen it would not be normal because they would also be getting ready to go. Ms. Viveros asked the City Council if they have the resources to relocate their businesses and the owners' families if this project continues. She asked the City Council to do more for them than the applicant who gave them fliers, left, and forgot about them. She reported they have brought business to the City for 17 years and her family would like to remain in Anaheim. Fred Sigala Jr. reported there are three 7-Elevens within a quarter of a mile and a fourth currently being constructed where he lives. He advised there are eight 7-Elevens and 10 car washes in the area, all of them with various degrees of homeless congregation or encampments at various times. He reported the tolerance of residents is remarkable and advised many homeless who moved off of the riverbed ended up in his area but they were received with kindness and tolerance because they knew the new homeless were not there by choice but rather a poor policy decision. He advised shelters are inadequate because the City does not identify categories in need of more comprehensive service or care and noted only a truly comprehensive approach would make a real difference. He explained the proposed development would bring problems to another neighborhood should the City Council choose to favor lobbyists and developers over the residents they are supposed to represent. He detailed the ease of encampment for the homeless at a 7-Eleven or car wash until they are removed and cycle on to the next one. He denounced allowing an out-of-town developer with no understanding or care for the City to transform a strip of long-standing hard-working immigrant businesses into another car wash and enticing home for people choosing the street over a shelter. Bryan Kaye reported he is reading a speech written by Joyce Schenk and she lives close enough to the development to be concerned if approved. She advised the development is not appropriate for the location and would create problems and noted the recently -redone intersection at Ball Road and Sunkist Street still does not have adequate traffic flow. She advised students from Guinn Elementary City Council Minutes of June 8, 2021 Page 27 of 33 School and Katella High School would be patronizing the 7-Eleven during peak traffic hours. She advised the site could not be accessed from Ball Road by eastbound traffic and is difficult while heading southbound on Sunkist Street. She detailed numerous logistical issues drivers would face when attempting to access the 7-Eleven from these directions, potentially endangering students. She reported it is already a safety problem with less traffic than the development would bring. She explained the proposed business, especially the car wash due to its noise, is not suitable for the location. She expressed sympathy for the South Hilda Street homeowners and is perplexed at building a new gas station while the government is in the process of phasing out fossil fuels. She advised the developer is also proposing a new car wash north of Lincoln Avenue on State College Boulevard and pondered when would there be too many. Benny Dominguez reported he is a long-time customer of the Sunkist Plaza on his regular trips to Angels baseball games and noted it would have an impact on the community. He explained that common sense says if you have to build a 12-foot wall there is a problem. He reported he is a news executive from the National Broadcasting Company (NBC) and situations displacing small businesses to take in commercial enterprises are too often a storyline. He advised they should look at what the developers add to the community. He expressed hopes the City Council would remember its obligation to the community and reported 90% of the plaza's customers live within two miles. He advised that while the applicant talks about being a good neighbor, all of these businesses have been good neighbors for decades. He advised the City Council must look at the community in a City whose base at its core is small businesses and noted environmental studies do not always tell the truth. Mike Robbins reported residents have seen projects like this before. He noted the City Council voted to keep established businesses serving the community over an affordable housing project in Anaheim Hills and encouraged Council Member O'Neil to look at this case. He reported the City has too many car washes and he would be incredulous if he was a neighbor. He encouraged the City Council to protect the businesses just as they did in Anaheim Hills. Ms. Zaghi, applicant, reported they tried to connect the current tenants with all of the community resources they could find and encouraged City Council to help facilitate this process. Mr. Nelson, appellant, reported Joseph Schenk, former Public Works official and engineer who has lived half a mile from the project for 50 years, emailed the Planning Commission about his traffic concerns. He reported Mr. Schenk and his wife are too frustrated with the situation to address the City Council so he read Mr. Schenk's email to the Planning Commission. Mr. Schenk's email advised he attended the December 2019 meeting where the developer introduced the project to the neighborhood, listened to the Planning Commission's January 2021 discussion of the project along with the February 2021 virtual community meeting. He disagreed with the applicant's traffic study and expressed several concerns about on -site and off -site traffic. He cited a lack of communication between the City -managed traffic signal at the corner of Ball Road and Sunkist Street and the California Department of Transportation (Ca ltrans)-controlled light at the freeway off -ramp onto Ball Road. He reported several flaws in the developer's traffic study, including the possibility of the car wash queue obstructing the site entrance off Ball Road closer to the freeway. He advised access to the car wash from Sunkist Street would create an on -site circulation issue that would be amplified whenever a fuel delivery truck was on -site and questioned the placement of employee parking spaces. He advised conditions of approval for the parcel combinations should address potential resale and noted the proposal meets Code but the site does not lend itself to the uses and the issues could not be mitigated. Mr. Nelson questioned how much the property value has already risen since it was purchased. He advised Ms. Zaghi has been speaking of things they could do and not of what they would do. He City Council Minutes of June 8, 2021 Page 28 of 33 questioned if the City would be compensated if the traffic study turns out to be erroneous and if anyone would compensate the South Hilda Street homeowners if home values fall. He urged the City Council not to honor empty promises. He advised they have discretion and the responsibility to do what is right for their citizens. Mr. Nelson reported an argument against having district elections is that the other five Council Members would not care about the district they do not represent. He advised it should not be this way with a little empathy and civic solidarity. He advised Mayor Pro Tem Faessel may vote against this project because it is in his district and very unpopular but this does not mean the unaffected Council Members should vote for it because things like this happen in every district. Mr. Nelson called for Anaheim residents to similarly show more solidarity because their neighborhood could be next. He advised not enough residents came out to support the Pauline Street neighborhood from a large development or the Rancho La Paz Mobile Home Park residents. He reported next month the City Council would hear about a project in Anaheim Hills being fought by residents. He encouraged City Council to do the right thing. Mayor Sidhu closed the public hearing. DISCUSSION: Council Member Brandman disclosed having ex-parte communications with the advocate for the developer. Council Member Valencia reported the project is not in his neighborhood but he has friends, former teachers, and family who do live there. He advised many residents have reached out with their concerns and noted he deeply shares many of their concerns. He advised he does not like a liquor store so close to schools but they do not have to replace one distributor with another. He reported in 2019 the City, through the Anaheim Housing Authority, acquired a piece of property on the corner of Lincoln Avenue and Beach Boulevard in West Anaheim, formerly occupied by a car wash and gas station. He advised it was obtained to create a project to revitalize the intersection. He cautioned his colleagues they are now discussing creating a car wash and gas station in Central Anaheim while looking at ways to redevelop a property previously occupied by similar businesses in West Anaheim. Council Member Valencia believed the project would not prevent detrimental impacts to adjacent properties. He explained the car wash's design allows for two lanes of cars to idle day -in and day -out while residents may be active in their back yards. He advised, at the time of purchase, residents likely did not expect to have two lanes of idling vehicles in their back yards and noted he would not want this at his home. He reported he does not feel comfortable supporting the design of the project. Council Member Diaz reported he came from a country where the government determined what would be built and it is a disaster. He questioned how many Starbucks or McDonalds the City needs, advised the free market determines the answer, and noted it was not up to him to determine how many car washes the City needs. He noted there have been many questions of the traffic study but advised there is already a lot of traffic there. He advised the Sunkist Plaza was already for sale and the current businesses would be displaced for any new business proposed for the site. He advised it is a hard decision and expressed belief in the free market. Council Member Moreno reported he often feels the same way as Council Member Diaz. He advised it is bad when a government imposes its will to an extreme absent a market and worries when a market imposes its will on people. He advised the role of government should be to do no harm and represent its people and listening to what the people most directly impacted say. He advised if he did not feel comfortable with it in his neighborhood, why he would ask anyone else to put up with it? City Council Minutes of June 8, 2021 Page 29 of 33 Council Member Moreno explained City Council's action tonight could displace eight small businesses with three decades invested in this location. He advised jobs created by the proposed development would be countered by losing the existing jobs on the site and the displacement of eight small business owners, harming the lives of their families. He expressed appreciation that the developer reached out to the community and stressed the importance of this to him. He echoed the City Council sided with the neighborhood's opposition to much -needed affordable housing against the wishes of a proposed development in Anaheim Hills. He reported the developer offered to assist the small business owners with relocation costs but is now asking the City to use taxpayer funds to perform this task. In response to Council Member Moreno's inquiry, Ms. Zaghi reported she has spoken to each tenant. She advised she showed them their closing escrow statement and promissory note on Monday and advised the rent roll shows they cannot make a profit with the current tenants. She reported she would like them to stay in the shopping center but it is not an option and advised if this development is denied they would propose another one. She reported substantial help has been offered to each tenant and she has offered to connect them with government agencies. In response to Council Member Moreno's inquiry, Ms. Zaghi reported they did not raise the tenant's rental rates to market rates when they purchased the shopping center. She explained this is part of why they are having trouble finding new places in Anaheim because they are not currently paying market rates. She advised they did not follow the standard commercial real estate practice of charging the tenant's CAM and reported they gave the tenants extensions on rental payments. She noted she only received rent from one tenant this month. She explained this help should count as subsidizing the tenants for $350,000. She inquired if this help is asked of other Anaheim developers and noted they have done more than any developer she knows. Council Member Moreno reported they could not have removed the tenants during the pandemic even if they wanted to due to emergency orders against collecting rents. He recalled hearing her say at the community meeting they would help the tenants relocate at whatever cost. He noted the business owners said they are not receiving such help and this is the conflict he is having. In response to Council Member Moreno's inquiries, Ms. Zaghi reported she has met with the tenants and has shown them all of their sensitive financial documents in the spirit of transparency. She reported she has shown them the need to develop the location with different tenants and reported only one tenant could afford market -rate rent but that is not enough to carry the shopping center. Council Member Moreno spoke of the Jagerhaus as a community resource for all of the community meetings held there at no cost. He reported after the December 2019 community meeting Ms. Zaghi told him a restaurant on the site was not viable but tonight she reported she reached out to several restaurants. He reported Ms. Schwaiger had submitted a proposal for a beer garden to the applicant with renderings and offered to invest in the design. He noted beer gardens are very popular in the City and reported other tenants offered to invest in the plaza's aesthetics. In response to Council Member Moreno's inquiries, Ms. Zaghi advised she does not recall this conversation with Ms. Schwaiger and reported she has never seen these renderings. She reported they both started and ended the process by meeting with the community and door -knocking, regardless of the fact they hired a political consultant during the process. She reported the reason for hiring the political consultant is their difficulty in understanding Anaheim politics and cited the idea to host a virtual town hall meeting came from the lobbyists. City Council Minutes of June 8, 2021 Page 30 of 33 Council Member Moreno reported he also suggested this virtual town hall when they met during the pandemic and he saw some of the renderings. In response to Council Member Moreno's inquiries, Ms. Zaghi advised there were a variety of reasons for hiring a political consultant. She expressed pride in the time spent with tenants and the community. She advised as a small family business without endless capital they needed assurance all the money they were spending on the project went somewhere. She advised this is why they brought on someone familiar with Anaheim and could not recall how she was led to the consultant they hired. In response to Ms. Zaghi's inquiry, Council Member Moreno explained. how they found their consultant is pertinent because the community brought it up as a concern. He advised the perception raised in public comments is there is no point in the hearing because the lobbyist gets whatever he wants. He asked her to clarify this for the record because if it was it sounded like she needed guidance on the politics of Anaheim, which means the politics of the City Council. Council Member O'Neil advised Ms. Zaghi did not need to explain why she hired a political consultant because it is a complex issue and noted she is the target of politically motivated attacks. He reported he understands the neighbors' concerns but noted it is a commercial property. He clarified it is not like converting commercial to residential, like the Anaheim Hills Serrano Center project, because this property has always been intended for commercial use. He acknowledged the project displaces businesses but he advised they have been on month -to -month leases for years now with no guarantee of staying. He explained it is not the City Council's role to interfere in the landlord -tenant process, the same way it is not their role to interfere in the collective bargaining process in the private sector. He advised the applicant is not asking for a zoning change, which is allowed albeit subject to a CUP, and are only asking for a ministerial deviation to Code. He advised the traffic and noise impacts are not enough to deny the project just because the community does not want it. He advised he would need more evidence of non -compatibility or that the project requiring a litany of variances. He advised the appellant has not shown sufficient reasons to deny the project. MOTION: Council Member O'Neil moved to deny the appeal, uphold the Planning Commission's decision, and approve the resolutions as presented, seconded by Council Member Diaz. DISCUSSION: Mayor Pro Tern Faessel displayed a 1,200-page binder of information on the rebuild of the Sunkist Street and Ball Road intersection from 2011. He advised he compared the traffic and noise studies from 2011 with the staff report's studies for this project and noted the studies were consistent. He expressed concerns about the backup for southbound Sunkist Street traffic turning east onto Ball Road, noting in 2011 it would back up almost 2,000 feet and take up to six or seven rotations of lights to clear. He expressed concerns about the South Hilda Street residents having to get through this onto Sunkist Street and felt this would not make this easier. He echoed Mr. Schenk's comments, who he called a true Public Works engineer. Mayor Pro Tern Faessel reported the City Council was given 1,018 pages of resident and constituent comments, not all of which were from Anaheim. He advised not all of the hundreds of comments were replications of each other like they often receive. He noted some of the emails predate the December 2019 meeting, which he noted both he and his wife attended along with his staff. He advised he has responded to almost every resident who reached out. He reported he has lost track of how many times he has talked about this project with the Planning Director and advised he talked with former Principal Planner David See about the project almost endlessly. City Council Minutes of June 8, 2021 Page 31 of 33 Mayor Pro Tern Faessel recalled Mr. White used the term "broad discretion." He advised he would exercise some of the broad discretion to declare the project not compatible with the neighborhoods. He expressed concern for the idling cars near what could be his backyard wall, noting he lives near there and drives through this intersection regularly. He expressed hopes Ms. Zaghi could become a better neighbor regarding the property's homeless issues. He advised he was still receiving public comments in opposition to the project and could not give his support. Mayor Sidhu reported the property is zoned for commercial use and has been for ages. He advised the development is consistent with the zoning and in line with the market development factors. He reported the developer has made extensive modifications to accommodate issues raised by the neighborhood and Planning Department staff. He expressed sympathy to the small business owners in the current shopping center as a fellow small business owner. He reported he drives past the Sunkist Plaza all the time on his route to City Hall and described it as being blighted. He advised the Community and Economic Development staff has conducted extensive outreach to the tenants to assist with relocation. He reported the proposed 7-Eleven and car wash operators are, by all accounts, good local business owners. He believed the proposal is compatible and he would be supporting the motion. Council Member Brandman reported he contacted his Planning Commission appointee after this item was agendized. He advised he did a lot of soul-searching due to the extensive community input and the significant effort his appointee invested in this project and expressed agreement with her decision to approve the project. MOTION: Council Member O'Neil moved to deny the appeal, uphold the Planning Commission's decision, and approve RESOLUTION NO. 2021-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2019-06035, Public Convenience or Necessity No. 2019-00148 and Administrative Adjustment No. 2020-00449 and making certain findings in connection therewith (DEV2019-00042) (2501-2525 East Ball Road) and RESOLUTION NO. 2021-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 2020-100 and making certain findings in connection therewith (DEV2019-00042) (2501-2525 East Ball Road) as presented, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 4 (Mayor Sidhu and Council Members Diaz, Brandman, and O'Neil); NOES — 3 (Mayor Pro Tern Faessel and Council Members Moreno and Valencia). Motion carried. PUBLIC COMMENTS (non-aclenda items): None COUNCIL COMMUNICATIONS/AGENDA REQUESTS: City Attorney Robert Fabela explained he previously served as general counsel for the Valley Transportation Authority (VTA) in San Jose. He requested the meeting adjourn in memory of nine VTA employees who were tragically killed by a gunman at a light -rail yard on May 26, 2021. Council Member Moreno lamented the decision that was just made at the public hearing and noted he would be sharing information with the public at an ensuing meeting about the Lobbyist Registry Report, how much money is involved with lobbying in the City, and how votes tend to correspond with money received. He noted that small business owners cannot compete with developers who spend large amounts of money to be guided by political consultants. He addressed concerns of homelessness at the 7-11 store and noted a County report advised 75% of homelessness was a function of economic catastrophes such as lost homes, lost jobs, and an inability to sustain a business. He hoped the developer would support the displaced businesses and that the City would use its staff and resources to assist with the displaced businesses. He advised he would bring back City Council Minutes of June 8, 2021 Page 32 of 33 proposals to make Council decisions more transparent and trusted by the public. He thanked Mr. Fabela for his request to adjourn in memory of the Valley Transportation Authority employees. Council Member Diaz shared his principles related to the free market and advised his vote could not be bought. He believed the free market was always moving and improving itself, including through the sale of the property. He congratulated the Western High School wrestling team for becoming the District 6 CIF champion by beating Corona del Mar. He announced the Districts 1 and 2 community neighborhood services meeting and encouraged all residents to participate, with information available at www.anaheim.net/neighborhoods. He thanked the West Anaheim Community Policing Team for hosting a Coffee with a Cop event at Glee Donuts at Ball Road and Beach Blvd, as well as the community for attending and asking hard questions. He congratulated all 2021 high school graduates. Council Member Valencia echoed remarks by Council Member Moreno and shared his disappointment with the outcome of the public hearing. He noted it was difficult to see the outcome of decisions made by individuals and how they impact the lives of current and future Anaheim residents and business owners. He asked the City Manager to do all in his power to facilitate the conversations between agencies to find support to transition the dislocated small businesses into their next endeavors. He invited residents to the Districts 3 and 4 neighborhood community meeting on June 10 at 7:00 P.M.; thanked the Community Services Department for organizing a Ponderosa Park beautification event last Saturday; wished students, educators, and school staff a happy end of the school year and summer break; and thanked the Police Department for keeping students and staff safe during a recent lockdown of two elementary schools due to activity in nearby neighborhoods. Council Members Moreno and Valencia left the meeting at 9:07 P.M. and 9:08 P.M., respectively. Mayor Pro Tern Faessel requested the meeting also close in memory of Dr. Les Holve, Anaheim High School class of 1944 and Hall of Famer, who opened what became the west coast's premier cleft palate and facial abnormality facility at S.t Johns Hospital in Santa Monica, and Jim Fassel, Anaheim High School class 1967 and football legend, who was the NFL football coach of the year in 1997, took the New York Giants to the Super Bowl in 2001, set up a memorial scholarship at Anaheim High School Colonist athletes and participated in the Alumni Association Golf Classic. He also requested the meeting adjourn in memory of Rahmatolah "Davey" Yaghoubi, a 70-year-old resident and Caltrans employee, who was killed in his front yard on May 31. He reported his participation with Council Member Valencia and Public Works Director Rudy Emami in recognizing Katella High School's new football coach, Coach Viramontes; his attendance at the Public Utilities Board meeting to recognize outgoing chair Ernesto Medrano who is moving out of the area; his assistance at a food distribution event in the Almont/Miraloma neighborhood with Yesenia Rojas; a Memorial Day program at the local VFW and American Legion with Council Member Valencia, County supervisors, and Assemblywoman Sharon Quirk -Silva; and the celebration of life event on June 1 at Pearson Park honoring John Machiaverna. He announced the upcoming YMCA Annual Gala on June 12, the Flag Day car parade on June 13, and the Muzeo reopening. Council Member O'Neil reported SB 12 would remove an element of local control and make it more difficult to approve and build housing in areas designated by the State as a high fire risk. He requested an agenda item for the next meeting for Council to consider taking an opposing position on the bill, concurred by Council Member Diaz and Mayor Pro Tern Faessel. He also requested an in - person, Council recognition for Arielle Barquero, a young woman who saved a baby from drowning, concurred by Council Members Diaz and Brandman. City Council Minutes of June 8, 2021 Page 33 of 33 Council Member Brandman invited residents to join the Districts 1 and 2 neighborhood meeting via Zoom at www.anaheim.net/neighborhoods. Mayor Sidhu noted the City had worked hard over the past year to overcome the challenges of Coronavirus. He encouraged all those looking for a job to participate in the virtual Anaheim/OC Job Fair on June 9th from 10:00 a.m. to 1:00 p.m. He noted the online format would make it easier to meet with recruiters, get resume tips, and apply for jobs. He encouraged residents to register by going to www.anaheimchamber.org or call 714-758-0222 for more information. He thanked all residents who have been vaccinated, thanked all the employees who volunteered at the various vaccine distribution sites, and noted that vaccines were still widely available via local clinics and pharmacies, with more information available at www.anaheim.net/vaccines. ADJOURNMENT: At 9:18 P.M., Mayor Sidhu adjourned the City Council in memory of nine Valley Transportation Authority employees tragically killed at work, Dr. Les Holve, Jim Fassel, and Rahmatolah "Davey" Yaghoubi. Ily submitted, TheresBass, CMC City Cle k Public Comment From: Brian Zimmerman Sent: Monday, June 7, 2021 7:56 AM To: Public Comment Subject: In reference to 6/8/2021 Closed Session - Special Meeting Conference with Labor Negotiators In reference to 6/8/2021 Closed Session - Special Meeting Conference with Labor Negotiators: The City of Anaheim offered General Management, Professional/Technical, and Confidential Unit employees a 10% package over one year ago... but because the City dragged its feet in negotiations our MOU was caught up in the COVID- 19 pandemic and not finalized. Because we did not get the 10% package that was offered in early 2020 we have in effect taken a 10% pay cut. We have not had a fully funded range adjustment since June of 2009, 12 years ago. With inflation we are making less in real dollars than before the Great Recession. During the City budget update last December City Full -Time Staffing is down from 1,946 employees, to 1,724, a loss of 222 full-time employees (11.4%). The City asked us again to do more with less and WE have stepped up during COVID-19 to fill the gap. It's time for the City to recognize the importance of this matter. Public Comment From: Cynthicks Sent: Monday, June 7, 2021 10:47 AM To: Public Comment Subject: AFSCME MOU Management and Confidential Employees Honorable Mayor and members of the City Council, Please approve the MOU that will be presented to you on Tuesday, June 8, 2021. The managers of the City have not had a raise since the previous recession in 2009, and the cost of living continues to rise at a much greater rate than the 1 % or 2% merit increases that some of us earn annually. As I draw closer to retirement age, I am eager to enjoy some much deserved free time after almost forty years in my career, fifteen of those here in the City of Anaheim, while I still am in good health. I can't save as much as I'd like to for retirement because I still have teens to feed and house and two college tuitions to pay, which also means I cannot yet move out of California to a state with a lower cost of living. I have had to live rather frugally, foregoing any "extras" while the cost of gasoline, groceries, and other necessities have continued to rise, especially during the pandemic. As a library manager, I have been here, serving our community, since March 23, 2020. Staff continued to work, and began offering curbside pickup of materials on March 23, reopening one of the branches I manager on November 9, 2020. Unlike the majority of my colleagues, we were not able to choose to telework; we have been here, dealing with customers not wanting to wear face coverings, although they want to use of facility and library services. Staff continues to safely provide essential service to hundreds of customers daily, and while my co-workers in AMEA receive annual cost of living increases, I have not. I urge you, given the return of tourism to Anaheim and the economic recovery monies that will be received from the federal government, to approve the MOU so that we managers finally get a long overdue raise. I deserve to have a higher salary when I reach retirement age - it's the least you can do. We are doing more and more with less and less staff, due to the retirements and inability to hire to fill vacant positions. Thank you for your consideration, Cynthia Hicks East Region Supervising Librarian Public Comment From: Moses Johnson Sent: Tuesday, June 8, 2021 7:36 AM To: Public Comment; Theresa Bass; Jim Vanderpool; Linda Andal; Gretchen R. Beatty Subject: Item 2 Closed Session Agenda June 8th Dear City Clerk, Please distribute to the City Council and confirm that you received this email. Dear Mayor and City Council, One of the major items AFSCME is requesting in our MOU proposal is a raise. Why? Because the City offered us a 10% package over one year ago but because the City dragged its feet in negotiations our MOU was caught up in the COVID-19 pandemic and not finalized. Because we did not get the 10% package that was offered we have in effect taken a 10% pay cut. We have not had a fully funded range adjustment since June of 2009, 12 years ago. With inflation we are making less in real dollars than before the Great Recession. During the City budget update last December City Full -Time Staffing is down from 1,946 employees, to 1,724, a loss of 222 full-time employees (11.4%). The City asked us again to do more with less during COVID-19 and City employees stepped up to fill the gap and provide local services. Further, the Federal Govt. adopted a Stimulus Package with billions in local aid. The City of Anaheim will receive over $100 million to make up for its tax revenue losses. With millions of vaccines given out in OC and Disney reopening on April 30' it is likely that our City will begin to return to normal by June 15th I have previously written to you that due to the unprecedented, multifaceted COVID-19 response, including the shutdown of our local economy, the City was facing a revenue shortfall but now the Federal Govt. has stepped in to help. City workers have been on the front lines throughout this crisis working tirelessly to protect and serve our City's residents with essential services. The stakes are high. The City should support critical local services and the City workers that provide them. Council policymakers face a formidable task building the City's budget for the coming year. While I know there will be tough decisions about how to allocate funds to best position the City's recovery, one thing is clear: City workers are essential, both to our safety and to our recovery. City workers are the engine of our City, and the recovery from the COVID-19 crisis starts with them. 1 The road to recovery will be long and hard but it will be even longer if you fail to reward City workers for stepping up during this crisis instead of harnessing their vital economic and social strengths. Providing funding and raises for City workers is not optional — it is a necessity if we want a vibrant City services and strong economy. The time is now to come to a final MOU for AFSCME. Moses Johnson, Acting President AFSCME/MAC N Public Comment From: Lina Rios Sent: Tuesday, June 8, 2021 8:54 AM To: Public Comment Subject: Public Comment for Telecommuting I have been an employee for the City of Anaheim since 2015. 1 had never telecommuted until April 1, 2021 until my return to the office in May. While telecommuting I was able to complete my work with less distractions. I always had access to a supervisor or senior since we communicated via Skype and did so even prior to Covid. Also, I was able to work when I was sick. Usually, I have to take a day off if I am unwell. I took time off for in person medical appointments obviously and when I had Covid, but since I was working at home, I was able to still work when I was not 100%aslong as I felt well enough, even prior to fully recovering from Covid. I was able to require minimum to no child care since I was just in the other room and I did not need to commute so I was well rested and ready to work at my start time. Now I get less sleep, I am at risk of getting involved in an accident on my commute, today I got a flat tire, I am worried about child care coverage throughout the day and I feel I am more distracted now that I am back in the office. If given the opportunity to telecommute once again, I feel my quality of work will remain equal or better to the quality of work I perform while in the office. It is a benefit to me and my family, but also to the office. Please consider allowing us to telecommute. Thank you. Lina Rios City of Anaheim Public Utilities Public Comment From: Kristen Ellison Sent: Tuesday, June 8, 2021 9:15 AM To: Public Comment Subject: Telecommuting Option for Undervalued Employees It was originally my intention to support this cause in person when this meeting was set for the normal time of 5pm. Because it has been rescheduled during work hours and my work duties will always be a higher priority, I am opting to express my support in writing. I recently returned to the office after working from home for a full year due to the pandemic. After receiving my performance review, I found that I am the second highest performing member of my group. Unfortunately, this distinction comes with zero reward as I have consistently performed at a high level and have not seen even a penny raise since 2017. It is quite embarrassing to be working on my degree in Business Administration, continually be recognized as a valued full time employee of an internationally recognized City and yet still be considered underemployed as a low income worker. Seeing as how the option of working from home was a perk that allowed me to save a considerable amount of money on commuting expenses, work attire and office lunches (as well as other non -tangible benefits), for a short time this job showed promise. Now that the City has forced workers to return to the office and yet Council continues to fight against providing us even a 2% raise, I am actively looking for better position elsewhere. Sincerely, (XI&IM C�1l &fl Billing / Account Maintenance Division Anaheim Public Utilities 714.765.3300 x5616 Public Comment From: Denisse Gutierrez Sent: Tuesday, June 8, 2021 10:47 AM To: Public Comment Subject: Telecommuting closed session Good morning ALL - It was originally my intention to support this cause in person when this meeting was set for the normal time of 5pm. Because it has been rescheduled during work hours and my work duties will always be a higher priority, I am opting to express my support in writing. PLEASE CONSIDER TELECOMMUTING AS AN OPTION AT LEASTTILTHE ECONOMY FOR EVERYONE IN THE HOUSE HOLD GETS BETTER. It is understandable that the city is not in a position to compensate its employees with raises due to the cities pandemic deficit. Seeing as how the option of working from home allowed me to save a considerable amount of money on commuting expenses, work attire and office lunches (as well as other non -tangible benefits) and my counterpart being furloughed I am writing to you today. The work was being as completed from home and the metric standards were being met. I don't see a reason why we can't just stay at home a little longer until it gets better all around. I hope you find this expression only in the positive light I am trying to express it in. Thank you for your consideration. Public Comment From: Damien Garcia Sent: Tuesday, June 8, 2021 11:29 AM To: Public Comment Subject: Permanent Telecommute Option Hello, Unfortunately due to the time change for the City Council meeting I am unable to physically show my support however I would still like to show my support for the permanent telecommuting option. This past year telecommuting has personally been overall beneficial and had no negative affect on my performance as a Utilities Customer Service Representative. If anything it has proven that commuting to the office has been an unnecessary waste of resources and time. I hope that Anaheim City Council can seriously take the permanent telecommuting option into consideration. Thank you, Damien Garcia Public Comment From: Lauren Torres Sent: Monday, June 7, 2021 12:38 PM To: Public Comment Subject: FW: In Support of June 8 Council Meeting Agenda #10 -----Original Message ----- From: sharon garrison Sent: Monday, June 07, 2021 12:38 PM To: Lauren Torres <LTorres@anaheim.net> Subject: In Support of June 8 Council Meeting Agenda #10 I hope you will support the Love Anaheim Agreement for the BWA Job Opportunity and Skills Development Program. I have been served by this program twice with work to clear my overgrown front and back yards. This help has helped my to stay in my home. I appreciate the work they have done to improve the parks and children's play areas. I would like to see this program continue to assist homeless individuals with opportunities to grow by serving in Anaheim. Sharon Garrison. Anaheim resident for over 50 years Public Comment From: Lauren Torres Sent: Monday, June 7, 2021 12:40 PM To: Public Comment Subject: FW: In Support of June 8 Council Meeting Agenda Item #10 Attachments: BWA Endorsement Letter 2021.docx From: Bradley Andrews Sent: Monday, June 07, 2021 10:38 AM To: Council <council@anaheim.net>; Lauren Torres <LTorres@anaheim.net> Subject: In Support of June 8 Council Meeting Agenda Item #10 Greetings! I have attached below a letter of support from Vineyard Anaheim Church in Support of June 8 Council Meeting Agenda Item #10. Please let me know if you have any questions or if this should be sent elsewhere. Thank you, Bradley Andrews 1 0I / \ Vineyard Anaheim. I • Dear Honorable Mayor and Anaheim City Council Members, It is our pleasure to write this letter in support for the June 8th, 2021 Anaheim City Council Meeting Agenda Item 910; for JMH — Anaheim / Love Anaheim Agreement for the BWA Job Opportunity and Skills Development Program. Vineyard Anaheim is one of the grateful partners of BWA who has benefited greatly from their services. Specifically, they have provided many hard-working and open-hearted volunteers at several of our county -wide food distribution sites. Since COVID began last year, Vineyard Anaheim has been privileged to feed over 350,000 individuals and more than 1,500 families each week. This requires a tremendous amount of people -power and Love Anaheim has been incredibly helpful by rallying together a workforce to get the job completed with excellence. Some of the most exemplary volunteers they bring have been from the BWA program and the positive effect that these events have on the BWA members is extremely evident. In some pantries, such as the weekly event at Jonas Salk Elementary School, it is always touching to see the BWA members working alongside members of the Vineyard Anaheim community who have themselves overcome poverty and homelessness. It is our hope that the BWA program would continue to assist homeless individuals with these kinds of opportunities to grow and develop. Their goal to help end homelessness in our region is one we emphatically support. The resources and work experience that BWA provides goes a long way to help rewrite the story of its members and can be invaluable to those hoping to overcome poverty. The continual funding of the BWA program would be a significant win for our city and its citizens who are looking to improve the quality of their life and circumstances. Please reach out to me at Lambert@vineyardanaheim.com if you have any further questions or need further commenting. Sincerely, Lambert Lo Vineyard Anaheim Compassion Pastor Public Comment From: Lauren Torres Sent: Monday, June 7, 2021 12:40 PM To: Public Comment Subject: FW: n Support of June 8 Council Meeting Agenda Item #10 Attachments: BWA Endorsement Letter 2021.pdf From: Lambert Lo <lambert@vineyardanaheim.com> Sent: Monday, June 07, 2021 9:37 AM To: Council <council@anaheim.net>; Lauren Torres <LTorres@anaheim.net> Subject: n Support of June 8 Council Meeting Agenda Item #10 Please see the attached Letter for the Council meeting tonight. Thank you so much! vnVineyard Anaheirr. Dear Honorable Mayor and Anaheim City Council Members, It is our pleasure to write this letter in support for the June 8th, 2021 Anaheim City Council Meeting Agenda Item #10; for JMH — Anaheim / Love Anaheim Agreement for the BWA Job Opportunity and Skills Development Program. Vineyard Anaheim is one of the grateful partners of BWA who has benefited greatly from their services. Specifically, they have provided many hard-working and open-hearted volunteers at several of our county -wide food distribution sites. Since COVID began last year, Vineyard Anaheim has been privileged to feed over 350,000 individuals and more than 1,500 families each week. This requires a tremendous amount of people -power and Love Anaheim has been incredibly helpful by rallying together a workforce to get the job completed with excellence. Some of the most exemplary volunteers they bring have been from the BWA program and the positive effect that these events have on the BWA members is extremely evident. In some pantries, such as the weekly event at Jonas Salk Elementary School, it is always touching to see the BWA members working alongside members of the Vineyard Anaheim community who have themselves overcome poverty and homelessness. It is our hope that the BWA program would continue to assist homeless individuals with these kinds of opportunities to grow and develop. Their goal to help end homelessness in our region is one we emphatically support. The resources and work experience that BWA provides goes a long way to help rewrite the story of its members and can be invaluable to those hoping to overcome poverty. The continual funding of the BWA program would be a significant win for our city and its citizens who are looking to improve the quality of their life and circumstances. Please reach out to me at L ibeut( )yin a�dagabe m,com if you have any further questions or need further commenting. Sincerely, Lambert Lo Vineyard Anaheim Compassion Pastor Public Comment From: Lauren Torres Sent: Monday, June 7, 2021 12:41 PM To: Public Comment Subject: FW: In Support of June 8 Council Meeting Agenda Item #10. Attachments: JMHBWA Support Letter.pdf From: Kyle Steven Bonenberger <kyle@lovehopecity.com> Sent: Friday, June 04, 2021 11:44 AM To: Council <council@anaheim.net>; Lauren Torres <LTorres@anaheim.net> Subject: In Support of June 8 Council Meeting Agenda Item #10. Dear Honorable Mayor and Anaheim City Council members, This reference letter is from Pastor Kyle Bonenberger in Anaheim. I have attached a letter of recommendation in support of agenda item 410 for Tuesday's meeting. I kindly request that you forward it to the relevant parties involved in making this decision for consideration. Thank you in advance. Pastor Kyle Bonenberger II CITYCHURCH LOVE HOPEC ITV.COM June 41, 2021 C I T Y H U R C H � 1 LOVE HOPECITY.COM Dear Honorable Mayor and Anaheim City Council Members, This is Kyle Bonenberger, Lead Pastor of City Church in Downtown Anaheim. I am writing this letter in support of item # 10: JMH-Anaheim Foundation/Love Anaheim Agreement for the BWA "Better Way Anaheim" Job Opportunity and Skills Development Program. During the last year, I (and our team here) have had the privilege of working side -by -side with Love Anaheim and the BWA team members in a close capacity. As the pandemic struck, these men and women took to action — distributing much -needed food and resources to those hardest hit by the events of the last eighteen months. Many of the folks in the BWA program come from challenged backgrounds themselves; yet they opted to help others at a pivotal moment in history. The service and work of the Love Anaheim/BWA team impacts thousands upon thousands while rebuilding the participants' lives in the process. It is my belief that this is exactly the kind of program our city needs. Furthermore, we (as a city) ought to empower those who are eager to advance their lives while improving our community — especially in a time when homeless populations are growing at such astonishing rates. I vouch for the Love Anaheim/BWA program without hesitation and ask that their funding be fully approved as is requested in item # 10. Sincerely, Pastor Kyle Steven Boncriberger Signature Lead Pastor 11 City Church Email: kyle@lovehopecity.com Cell Public Comment From: Lauren Torres Sent: Monday, June 7, 2021 12:40 PM To: Public Comment Subject: FW: Letter of support attached Attachments: Special Ed Copier_20210604_151409 (1).pdf From: Bill Bailey <bbailey@magnoliasd.org> Sent: Friday, June 04, 2021 3:51 PM To: Council <council@anaheim.net>; Lauren Torres <LTorres@anaheim.net> Subject: Letter of support attached Hello, Please find attached a letter supporting Item 410: JMh - Anaheim/Love Anaheim Agreement with BWA Job Opportunity and Skills Development Program. Thank you, Bill Bailey Bill Bailey Executive Director, Student Services Magnolia School District 2705 W. Orange Avenue Anaheim, CA 92804 21DAIINISTRA TION Frank Donavan, Ed.D. Superintendent Teah Fielder Assistant Superintendent Business Services Hanan Thornton Assistant Superintendent Felurational Services David Appling, Ed.D. Assistant Superintendent Hurnan Resources Bill Bailey Executhv Director Student Sen4ces BOARD OF TRUSTEES Barbara Quintana President Gary Shields Clerk Nathan Zug Trustee Connie Martin Trustee Barbara Clendineng Trustee I'# Magnotia School District 2705 W. Orange Ave. - Anaheim, California 92804-3298 o (714) 761-5533 * Fax (714) 761-3731 June 4, 2021 Dear Honorable Mayor and Anaheim City Council Members: We ask for your support of Item #10: JMh — Anaheim/Love Anaheim Agreement for the BWA Job Opportunity and Skills Development Program. The Magnolia School District serves students preschool to sixth grade and about 1,600 of our students meet the definition of homeless. Some families live in temporary motel situations, many live where multiple families live in the same apartment and others are living in shelters. No matter their situation that qualifies them as "homeless" and the challenges our students and families face daily are impactful. When community organizations like Love Anaheim and Better Way Anaheim work together with other organizations and provide practical items and services to our students and families it makes a positive difference in their daily lives. It also gives them hope knowing that others in the community care. For instance, for the past year, Better Way Anaheim has provided volunteers who have helped distribute food to our families on a weekly basis. The volunteers are always friendly, hardworking and helpful. Our Project HERO (Homeless Education Renewing Opportunities) team supports our families who experience homelessness. The team provides as much as possible to the families but when we receive additional support from the volunteers and participants on the Better Way Anaheim team the services provided are even greater. Whenever we ask for volunteers Better Way Anaheim volunteers show up. We are grateful for the support. Sincerely, Bill Bailey Executive Director Student Services Public Comment From: Lauren Torres Sent: Tuesday, June 8, 2021 8:09 AM To: Public Comment Subject: FW: In Support of June 8th Council Meeting Agenda Item #10 Attachments: Modern Letter.pdf From: AWood Gmail Sent: Monday, June 07, 2021 10:23 PM To: Council <council@anaheim.net>; Lauren Torres <LTorres@anaheim.net> Subject: In Support of June 8th Council Meeting Agenda Item #10 Dear, Honorable Mayor & Anaheim City Council Members Please see the attached letter I have written in regards to Item 910: JMh for the June 8th Council meeting. Thank you for you service, your time, and consideration of my attached. Andrew Wood IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIAndrew Wood Westminster, CA 92683 June 7, 2021 Dear Honorable Mayor & Anaheim City Council members I am writing this letter to you as a request for your support of item: #10 JMh - The "Anaheim / Love Anaheim Agreement for the BWA Job Opportunity & Skills Development Program" Since my family moved down to Southern California in August 2020 we have been serving as a family at a mobile food pantry on Mondays at Jonas E. Salk Elementary School which is part of Magnolia School District in Anaheim. This weekly mobile pantry is facilitated by VA (Vineyard Anaheim) Compassion, a non-profit organization determined to bring hope and dignity to families experiencing food insecurity across Orange County. During these times serving, our family has had the wonderful pleasure of working alongside, and getting to know 3 very special members of the "Better Way Anaheim" (BWA) team that have been faithfully serving there alongside us for the last 10 months. These special individuals are Terrance, Scott, and Richard. Each Monday we work as a small, but hardworking, team to help puttogether and distribute, in a drive -up fashion, a designated weekly allotment of food for 350-430 families experiencing food insecurity from the city of Anaheim. During these weekly mobile pantries, the help we have gotten from the BWAteam has been instrumental in our success, and an anchor in our efforts to help those experiencing food insecurity. Scott, Terrance, and Richard have showed up week after week and worked hard, been servant hearted, and done it all with joy, smiles and willing hearts. Because our crew has often been small it has been an "all hands on deck" operation that has required all of us to take on multiple jobs to pull it off in the school's allotted time for the pantry. We would not have been able to accomplish this without these amazing men (and recently women. About 3-4 months ago another member started coming to help named Anne Marie who has also been a big help). As the Lead facilitator and manager for VA compassion at this pantry I can't imagine losing the amazing help this team brings to our efforts at the Salk mobile pantry. I am asking for the Mayor and Council Members to renew the BWA contract and provide the opportunity for them to continue to serve alongside the Love Anaheim and VA Compassion teams in our efforts to see our neighbors experiencing homelessness and/or food insecurity continue to be shown, hope, dignity, and kindness. I hope we get to continue serving alongside each other as we work together in writing a story of Hope in Anaheim, CA. I feel privileged to have had the opportunity to serve alongside, work hard together with, and get to know the members of this team. They as a team quite literally, helped keep this pantry going when our volunteer numbers from VA needed the reinforcement they provided, Each week they showed up, I knew the pantry would go smoothly, because having them there to help, it felt like each one of them was worth 2-3 other volunteers each, because they worked so hard and worked together so well as a team. In Washington where we lived before moving down here I was a Mechanical Engineer at a composites company. Here I now work as a Manager at a local business. I would have no concerns hiring any one of the members of this team as they have shown, and often times done more than what I would ask of any of the employees I manage. I hope to be working alongside them in the coming weeks and months and continue in our partnership and friendship with this great team. Sincerely yours, Andrew Wood - Salk Pantry Lead Facilitator Public Comment From: Lauren Torres Sent: Tuesday, June 8, 2021 12:20 PM To: Public Comment Subject: FW: In Support of June 8 Council Meeting Agenda Item #10 Attachments: BWA Letter of Support June 8, 2021.pdf From: Chelsea Bowers <chelsea@citynet.org> Sent: Tuesday, June 08, 2021 12:13 PM To: Lauren Torres <LTorres@anaheim.net>; Council <council@anaheim.net> Subject: In Support of June 8 Council Meeting Agenda Item #10 Hello, I would like to submit a letter of support for Agenda Item 410 for today's city council meeting. See the letter of support attached. Best, Chelsea Chelsea Bowers Communications Director Phone: Website: www.citynet.org 1 %111111 C' June 8, 2021 RE: In Support of June 8 Council Meeting Agenda Item #10 Dear Honorable Mayor and Anaheim City Council Members, On behalf of Kingdom Causes, Inc., dba City Net, I am pleased to support Agenda Item #10 and the Better Way Anaheim Program. City Net is a nonprofit organization dedicated to ending homelessness through the coordination of community efforts and activities. Since 2014, we have provided services including street outreach and engagement, case management, housing navigation, bridge housing, rapid rehousing, shelter operations, community mobilization and census coordination. We operate the Anaheim Community Care Response Team and have been proud partners of the City of Anaheim since 2014, including collaborating with Love Anaheim and the Better Way Anaheim Program in a variety of ways. Better Way Anaheim (BWA) is an innovative program ofJMh -Anaheim / Love Anaheim that offers voluntary community service projects for work experience to help end homelessness. The program began in December 2017 as a pilot and, since its inception, has served more than 1,460 homeless participants as they take their next steps to end their homelessness and improve their lives. At least once a week, up to 20 individuals perform service projects and maintenance activities at Anaheim parks and public facilities and on Anaheim streets. Regularly, BWA connects participants with representatives from City Net and also refers participants to Chrysalis. We would like to see agenda item #10 be passed and see the BWA program continue. If you have questions, feel free to contact me at brad gcitynet.org or Sincerely, Dr. Brad Fieldhouse Founder and President 0 1 W Cr,4_ "V I1DI'"Ii is ""1vc I S S „�y I � lll"I � � 0 0'/1" IJ� I'i';1 � ^� �I Slip'^ + d r�'^x""¢�`::"1, � "1 ": �,f �� ""¢ Fl^ I@III , 57,�11 62 A�Ilh�,24 Public Comment From: Tina Locklear Sent: Sunday, May 23, 2021 8:41 PM To: Public Comment Cc: Tina Locklear Subject: Holden Project - Opposition to project Dear City Council Members, The location being considered for this large development is flawed. The first reason is there is already too much traffic. As it is now, before the increase in traffic from this project, it takes me 10 minutes to turn left onto Nohl Ranch coming out of Point Quissette, the community across the street from the Proposed project. (Another traffic light would have to be installed before adding any more crush to the traffic in this area. People come down Nohl Ranch so fast that the block wall marquee on my backyard easement had to be repaired / replaced twice recently from people crashing into it after underestimating that curve. ) The second reason is that this is a quiet bedroom neighborhood, free from commercial noise and after hours activity. A 24 hour assisted living center is bound to have numerous ambulances and emergency service vehicles frequenting it due to falls and the varying medical needs of its residents. The sirens and disruption to our peaceful Anaheim Hills oasis will never be the same once this development comes in. Third; the aesthetic of the development is not suited to this strictly residential neighborhood. Look around - there are no multistory commercial structures anywhere between Meats and Imperial Highway off of Nohl Ranch, until you get to Orange on the West end. Then the aesthetic clearly changes. Anaheim Hills should be preserved as a quiet bedroom community with lots of trees, wildlife and meandering sidewalks. Once you sell that off, there is no restoring it. There are plenty of other lots in Anaheim to develop into this type of structure. In closing, the church that was there had minimal traffic; did not make traffic worse at key traffic times; and was a single story structure that fit in with the neighborhood. Another church tenant or development of the lot into regular housing parcels would be more suited than the Holden Project. As a resident here for 15 years, I strongly oppose this development. Tina Locklear Anaheim Hills, CA The Law Offices of Tina Locklear One Park Plaza, Sixth Floor Irvine, CA. 92614 (714) 331-1014 Short and pithy due to mobile constraints Public Comment From: Mary Cheng Sent: Wednesday, June 2, 2021 5:44 PM To: Public Comment Cc: Kimberly Keys; Lucille Kring; Natalie Meeks; Rosa Mulleady; Luis Andres Perez; Dave Vadodaria; Steve White; Stephen Faessel Subject: Sunkist & Ball Development - Homeless Encampment Dear Representatives of Anaheim, I live adjacent to the strip mall located on 2501-2525 East Ball Rd. In the past month, I have noticed an increase in transient activity in this area, specifically in the alley located between my home and the commercial property that you will be voting on next week on June 8th.. The Friday before Memorial Day weekend (May 28th) , the transients lit a fire behind my neighbor's backyard wall. I called the police and they sent the Fire Department. The transient put out the fire when the fire truck arrived. The fire fighter asked a few questions and then left. The transients were not booked, detained, arrested, nothing. They slept behind me and my neighbor's backyard that night. The next night (May 29th), the transient lit another fire, again behind my neighbor's backyard wall. We called the police and they came along with the Fire Department. This time they arrested the transient (Incident# 21- 75701). However, they left all the trash in the alley and said that it wasn't their responsibility to clear it out. (This is the damage on my neighbor's back -wall caused by the fire) (This is the homeless encampment that the city refuses to clear out even after multiple calls to the Police Department and Public Works) Here is a link to videos of the two fires that took place: https:Hdrive.i!oo2le.com/drive/folders/lGIlzpDitypaZGhLYPwyuOl8lr2GM ioz?usp=sharin 9 I am neither for nor opposed to the development on Sunkist and Ball. I am, however, very concerned that the transient activity will continue to grow with a vacant, stagnant lot. Several of the property's tenants have vacated and the few who are left are due to vacate later this month. It will undoubtedly turn into a ghost town, prime real estate for homeless encampments. Shira Zahgi has been helpful and responsive with addressing some of these issues. However, I wish she lived closer so that I didn't have to spend my time monitoring what is happening on her property. As you can imagine, this has caused my family and I a lot of undue stress, knowing that there is illegal, criminal activity literally taking place in my backyard, less than one feet away from my back wall. The dumpsters on the side of the Jagerhaus restaurant and HisNibs liquor store reek of urine and human waste. Today the garbage truck came and did not bother to pick up any of the surrounding trash left by the homeless. Apparently, the Police Department, Fire Department, Public Works, and Garbage Disposal, all want nothing to do with this. I think as part of next week's hearing, one additional stipulation to consider is to have on -site security and/or police enforcement 24/7 around the perimeter of this property. It ought to start right away, not 14 months after construction. Not sure if there is any other solution. If you can think of something better, please let me know. Thank you for your time and consideration. Mary Public Comment From: Jose S Sent: Friday, June 4, 2021 12:08 PM To: Public Comment Subject: Ball Road and Sunkist car wash appeal Hello, My name is Jose Sanchez. I live on S Hilda right behind where they are planning a car wash and gas station. I do not see how this will benefit the communities that live here. We already have an Arco gas station and about 3 to 6 car washes within a mile. At the Arco there is already a vagrancy problem and there is trash and litter near the apartment complex across the street because of this. We would just be adding more reason for people to stay and loiter near this area when we recently had an issue in the river bed with homelessness. I understand these people have no where to go but this does not help that issue it just makes it worst. On top of that I've already had to report abandoned cars in the neighborhood before and we have had break ins already without adding more people and traffic to our area. I don't wish to see small business that operate quietly and lawfully replaced but a noisy car wash and dirty gas station. Thank you Jose Sanchez Theresa Bass From: Victor Juan Sent: Sunday, June 6, 2021 11:01 PM To: City Clerk; Wayne Carvalho Subject: Public Comment —16. CEQA CATERGORIAL EXEMPTION, CLASS 32 CONDITIONAL USE PERMIT NO. 2019-06035 TENTATIVE PARCEL MAP NO. 2020-100 ADMINISTRATIVE ADJUSTMENT NO. 2020-00449 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00148 (DEV2019-... To the honorable City Council, I have been an Anaheim resident for over 25 years living on just outside the 1000' notification boundary, but I know the area well including friends that have lived on the other side of the wall shared with the commercial center. This project should not be pushed forward with a simple exemption. Only a full CEQA environmental assessment can show the full significant impacts this type of land use will result in. Knowing the area well I can say that traffic is horrible as the Ball Road exit is a main thoroughfare for Disneyland, Anaheim Stadium, the Honda Center, and more. That exit backs up even with the modernizations done in the last few years. The the exemption is not adequate as there are the CEQA categories for air quality, noise, energy and others that can easily be triggered by installing a 24 car wash and gas station. Yes the ABC license might need upgrading but there are also 4 existing gas stations, a 7-11, and car wash a block over. This project will add unnecessary burden of pollution on the residents living in the area in addition to the NOx and PM emissions they are impacted by on a daily basis living near a freeway. There are more logistic issues with traffic control and adequate parking but this location cannot sustain a 24 Hour gas station which will impact the residents no matter how high the wall is made. Victor Jennifer L. Hall From: Nicholas J. Taylor Sent: Monday, June 7, 2021 4:55 PM To: Jennifer L. Hall Subject: FW: Proposed 7-Eleven, Gas Station & Express Car Wash on corner of Ball and Sunkist in Anaheim Jennifer, Correspondence for the appeal on tomorrow's agenda. Nick Taylor, AICP Senior Planner Planning and Building Department City of Anaheim 200 South Anaheim Boulevard I Suite 162 Anaheim, CA 92805 Office (714) 765-4323 E-mail NJTaylor@anaheim.net -----Original Message ----- From: Shirlynn Robin Sent: Monday, June 07, 2021 4:34 PM To: Nicholas J. Taylor <NJTaylor@anaheim.net> Subject: Proposed 7-Eleven, Gas Station & Express Car Wash on corner of Ball and Sunkist in Anaheim Nick Taylor >> Our family strongly opposes the proposed car wash, gas station, and 7-eleven at this location. Not only is this project not needed in this area; it would be detrimental to our neighborhood's environment. >> This proposed project would create a traffic nightmare on Sunkist and Ball. It would increase air, water and noise pollution to our neighborhood, and would be a magnet for a criminal element, especially at night. >> Please do not approve this project. >> Thank you. >> Shirlynn Robin >> Michael Robin 1 Public Comment From: Jason Linnen Sent: Tuesday, June 8, 2021 6:36 AM To: Public Comment Subject: Public Comment regarding CUP 2019-06035 Public Comment regarding CUP 2019-06035 My name is Jason Linnen, and I am a resident at near the proposed Express Carwash with ancillary vacuums and 24-hour convenience market at 2501-2525 E. Ball Road. I have concerns about the project, as it will impact my residence and communities of over 7,500 residents in a negative way in terms of noise, traffic, and nighttime luminance. It will also negatively impact the community and the businesses located within the current shopping center The first concern I have is regarding the noise level. According to a properly calibrated decibel meter, the ambient noise at my address during the daytime hours (7 am —10 pm) is between 53 - 67 decibels (dbZ), just from the traffic on the freeway alone. Adding a gas station with a car wash and vacuums will increase the ambient noise at my residence by approximately 7- 10 decibels in ambient noise, which will increase the ambient noise range into 63 - 77 dbZ when the car wash is operating. This means that every time either me or one of my neighbors steps outside, we will be faced with an ambient noise that is louder than a running vacuum cleaner (70 dbZ). Noise levels affect human health. Numerous studies have linked noise pollution to increased anxiety, depression, high blood pressure, heart disease, and stroke. (source: htt.ps_://ehp.niehs.nih.govJdoi 0.1289Jeh�.1409400) This will be everyday! Nighttime luminance at my residence is affected by various factors. There is a streetlight near my residence, which provides 6,500-8,000 lumens at night. A brightly lit carwash near my residence with multiple lights on 24 hours a day will provide an additional 40,000-50,000 lumens. This additional light will be visible from the interior of my house, directly affecting my ability to sleep at night. Traffic in the area will be negatively impacted. The Ball Road bridge that crosses the 57 freeway is often a choke point at peak traffic times with people going to their homes, Angels Stadium, the Honda Center, or Disneyland. When travelling westbound at peak times, traffic often backs up as far as Main. Adding a car wash will not only cause traffic to INCREASE, but will negatively impact the lives of those who use the Ball Road bridge to cross the 57 freeway every day. There are eight businesses that serve the community within the Sunkist Plaza. Despite unanimous opposition to a carwash from residents, all eight of these businesses will be required to either relocate or close permanently. It is not an exaggeration to say that the carwash / 7-11 as well as the eviction of popular local businesses is unanimously opposed by the local community. As required, the speculator, Los Angeles based Golcheh Properties (now going by the name of "Anaheim Care, LLC") went through the motions of a community meeting in late 2019 to "listen to concerns" and explain how wonderful their project would be. Over a hundred neighbors showed up, and when asked to raise hands for support or opposition, EVERYBODY THERE OPPOSED. The residents in the area do not want a car wash, as it comes at the cost of businesses in the community, including Jagerhaus, which has been a community staple for forty years, providing meeting space for Los Amigos, the Anaheim High School Alumni Club, Toastmasters, Chamber of Commerce -sponsored political debates, weddings, and quinceaneras. The residents in the surrounding neighborhoods, including myself are adamant that we simply don't NEED one more carwash when there are already 8 carwashes within a mile. We don't need one more 7-11 when there are five within two miles including one 650 yards away. We don't need one more gas station when there's one across the street. The voting residents of Anaheim DON'T WANT OR NEED another carwash/7-11/gas station. Thank you for taking the time to read my concerns. If you have any questions, please let me know. Kind regards, Jason Linnen Public Comment From: Robert Horan Sent: Tuesday, June 8, 2021 9:38 AM To: Public Comment Cc: Robert Horan Subject: Item #16 Public hearing Appeal of Planning Commission My name is Robert Horan and I am a resident of District 5 and I live close to the area of the development on Sunkist and Ball road. I have voiced my opposition on this development at special call meetings held in the District,at the Planning Commission and City Council meetings and with e-mails to my council member Mr. Faessel and now I now submit my opposition to this development via this e-mail to this city council meeting. My opposition to this development is that this area does not need another 7-11 and car wash we have way too many in the area as well as to the gas station which by the Governor's executive order will be outlawed by 2035. 1 also want to offer my support to the Jagerhaus restaurant as well as to His Nibs Liquor store. The Jagerhaus restaurant has been there for years as a well established business loved by the community and it also survived the pandemic unlike other restaurants. Hi Nibs Liquor store offer to the area more than what a 7-11 store can offer with its quality of beer, wine and other spirits. I admit that the present development is in need of a face lift but it does not need to be replaced by what is not being proposed. I hope that the City Council supports the appeal and stops the development of the 7-11, gas station and car wash complex. Respectfully yours, Robert Horan Public Comment From: Ken Fujiyama Sent: Tuesday, June 8, 2021 11:20 AM To: Public Comment Subject: SUNKIST PLAZA DEVELOPMENT AND IT'S DETRACTORS Honorable Mayor Sidhu and Anaheim Council Members, My name is Ken Fujiyama, the purpose of my comment is to request you join me in urging Anaheim activist Vern Nelson AKA "The Drunk Man On Anna Drive" to get treatment for his alcoholism. As you know Vern is a chronic alcoholic, having been convicted FIVE times of Drunk Driving! The latest in the Disneyland parking garage on a day when the park sold over 10,000 CHILDRENS PASSES. His blood alcohol level was more than 2.5 times the legal limit. Vern sensibly checked into the Salvation Army shelter and spent six months rehabilitating and sorting used clothing. Sadly, Vern has recently relapsed. His relapse can be evidenced by his unkept appearance, foul odor, unpredictable behavior and frankly delusion. Vern's degradation continues, in an example as outlined by members of the Orange County Progressive movement in the expose: "The Worst Kept Secret In Liberal Orange County" (SEE LINK BELOW) in which an intoxicated Nelson sent sexually explicit messages to women he had NEVER MET! Subsequently Vern and his wife posted this woman's (a wife and Mother) picture on social media for the world to see. As if that was not bad enough, they posted a caption that Vern was locked in the Bathroom DRUNK masturbating to her picture! This is ALL Documented and Audio tapes of Vern forcing his wife to apologize is available. I understand that some of you do not always agree with Vern politically and that he often stoops low in his personal attacks on you. But, as community members and as leaders I implore you to join me in PUBLICALLY convincing Vern to get the help he needs before he hurts himself or others. SEE LINK: 1 https:Hdocs.google.com/document/d/1 mwwRKE64mOYSiRHoApT5AwpAJv fkgVUxxCPkDR1 sP2U/edit?fbclid=lwAR22G3wu0yic8KggD9ybvOYZsoOFE 2VM1 RZZRTMRiSmfF-UuBWsCNNwLHXw Jennifer L. Hall From: Nicholas J. Taylor Sent: Tuesday, June 8, 2021 1:36 PM To: Jennifer L. Hall Subject: FW: Ball Road & Sunkist Street Proposal Nick Taylor, AICP Senior If111anner f111anniin and I1:3uiilldiin Departlrnent City of Anaheiirn 66 South Anaheiirn I1:3oullevard I Suite 16 Anahelr'n, 0A 92805 Office (714) 765-4323 E-mail NJTaylor@anaheim.net From: Terry T Sent: Tuesday, June 08, 2021 1:29 PM To: Nicholas J. Taylor <NJTaylor@anaheim.net> Subject: Ball Road & Sunkist Street Proposal Dear Mr. Taylor, All three of the proposed businesses rely on constant in -and -out automotive traffic. Much of this traffic will use Ball Road. This additional automotive traffic will increase the danger of entering Sunkist Street from Hilda, Whidby, Clifpark Way and The Village Apartments. Speeding and unyielding vehicles already make the area north of Ball Road a hazard. If this project is approved, please include some needed protection for the nearby neighborhood. Thank you, Oliver Tetirick Jennifer L. Hall From: Huan N. Bien Sent: Tuesday, June 8, 2021 4:51 PM To: Nam Bartash; Susan Kim; Stephen Faessel; Public Comment Subject: CUP-2019-06035 Hello I am writing as a born and raised resident of Anaheim. I grew up seeing the evolution of the city, in particular Ball Rd and Sunkist St. I am unable to speak up at tonight's meeting and hope this email can represent my voice. For years I have wished to see the plaza on the northeast corner to get a facelift to beautify our immediate neighborhood. It saddens to me to see the end of the plaza and enter another gas station and a car wash. In the past years the intersection has gotten very crowded especially during rush hour times. If I were to exit Ball Rd from the 57 freeway it can take me 10-15 min to merely make a turn onto Sunkist street. With the addition of the car wash center, it will overcrowd the street and the noise level from the washing and vacuuming will increase significantly for neighboring homes. Within a 5 mile radius you can already find a hand car wash center, self car wash and a newly build drive through car wash. I have witness serious accidents in this intersection during my lifetime here, the development of this gas station and car wash will provide results not beneficial for the city. Adding homes or keep the plaza can increase property value and overall welcoming look for our city. Thank you for your consideration. Dr. Huan Bien, MD Huan N. Bien, M.D., CROP CONFIDENTIALITY NOTE: The information transmitted, including attachments, is intended only for the person(s) or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and destroy any copies of this information. Jennifer L. Hall From: TreeTop Branch Sent: Tuesday, June 8, 2021 6:53 PM To: Public Comment Subject: No to Sunkist & ball st. carwash! Not a good proposal for Anaheim community! Below are my thoughts on the proposal, looking at the perspective thru pro and cons: Pro: Facelift to a plaza that needs some improvement. I think everyone would agree on a facelift to the current plaza but changing it to another carwash and gas station is questionable. For this you must ask the question: Does this facelift offer value to the community or surrounding neighborhoods when there are already a carwash a block away and 5 gas stations within a block away? does this 7 eleven proposal really makes sense, business wise? Con: -Loud noise which is yet to be studied with current noise of the off ramp and the vacuums with traffic going along the side of the residential homes. Also people conversation noise and music when they are cleaning their cars using the vacuum and possibly other equipments. What is the actual noise level when you add all those factors that actually defines a car wash? -Congestion on ball and Sunkist in an intersection that is highly congested already -Dangerous intersection of Hilda and Sunkist. Getting out of Hilda street to get onto Sunkist to enter 57 freeway. Currently no traffic light, dangerous already trying to merge onto Sunkist from Hilda st, timing the north and south bound traffic. -No value-added in another gas station and carwash when there are so many within a block away. Will the carwash a block away be impacted financially from this new carwash? How would this benefit the city of Anaheim? At least the other carwash does not affect the residential area due to its location. -Potential pollutants near residential area for gas station. Digging gas tank might impose a danger to residential homes near site if it leaks into soil. What is the environmental impact if a gas station is built or leaks? -Added traffic means added pollution to an area already have high pollution levels due to being next to the freeway and high congestion intersection. Have we measure what is the current pollution levels and add those additional factors with this gas station (fumes, detergents, etc..) and car wash ( detergents, additional traffic pollutants from cars constantly driving by along the walls of the residential homes. I may be missing other factors as well. -Potential increase in homelessness in that area due to 7 eleven store and gas station. Homeless people normally hang around these places for easy access to getting stuff from their checks or cashing it out at the 7 eleven stores and also bathroom access. Also they have access to people that get gas so pan handling is easier like the gas stations on ball and state college. I see them all the time asking people at the gas station. -Potentially drive out residents who will be impacted directly or indirectly from this proposal. From my perspective, I believe there are more Cons than Pros for this project and please feel free to contact me if you have any questions. Also please feel free to share with me the additional Pros that you see from this proposal other than what I stated above. With these pros please compare it with current state versus future state so there is a visible comparison. I am interested in knowing what I could have overlooked so I can have a better understanding. I sincerely do not approve of this carwash development. It does not make any business sense and can damage the community for years to come. Thank you and have a wonderful weekend! Tri Sent from my iPhone Jennifer L. Hall From: Victor Juan Sent: Tuesday, June 8, 2021 7:31 PM To: Public Comment Subject: Public Comment for Ball Road project. Can a more thorough CEQA analysis be done to fully evaluated the air quality, noise and other significant environmental impacts? Victor Sent from my iPhone