Loading...
09/13/2022ANAHEIM CITY COUNCIL REGULAR MEETING OF SEPTEMBER 13, 2022 The regular meeting of September 13, 2022 was called to order at 3:02 P.M. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on September 8, 2022. MEMBERS PRESENT: Mayor Pro Tern Trevor O'Neil and Council Members Jose Diaz, Gloria Sahagun Ma'ae, and Stephen Faessel. Council Members Jose F. Moreno and Avelino Valencia joined the meeting during Closed Session. [Mayoral vacancy] 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: None CLOSED SESSION: At 3:03 P.M., Mayor Pro Tern O'Neil recessed to closed session for consideration of the following: 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 Organization: Anaheim Firefighters Association, Local 2899 2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Lomeli v. City of Anaheim, OCSC Case No. 30-2022-01248768-CU-OE-CJC 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) (1) of the California Government Code) Positions: City Manager, City Attorney, and City Clerk 5. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Positions: City Manager, City Attorney, and City Clerk At 5:06 P.M., Mayor Pro Tern O'Neil reconvened the Anaheim City Council. MEMBERS PRESENT: Mayor Pro Tern Trevor O'Neil and Council Members Jose Diaz, Gloria Sahagun Ma'ae, Jose F. Moreno, Avelino Valencia, and Stephen Faessel [Mayoral vacancy]. INVOCATION: Pastor Haroon Bhatti, The Rock Church in Anaheim City Council Minutes of September 13, 2022 Page 2 of 26 FLAG SALUTE: Council Member Gloria Sahagun Ma'ae ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing September 9 - 18, 2022, as Welcoming Week Recognizing September 17 - 23, 2022, as Constitution Week At 5:09 P.M., Mayor Pro Tern O'Neil called to order the Anaheim Housing Authority (in joint session with the City Council). ADDITIONS/DELETIONS TO THE AGENDAS: City Clerk Theresa Bass announced staff requested the withdrawal of City Council Consent Calendar Item No. 10, an agreement with Mike D. Atkinson for professional landscape consulting services. PUBLIC COMMENTS (all agenda items, except public hearings): City Clerk Theresa Bass reported that a total of two (2) public comments were received electronically prior to 3:00 P.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of two (2) public comments were received electronically, distributed to the City Council, and made part of the official record]. — See Appendix. Jeanine Robbins reported short-term rentals have taken over the City since 2015, particularly near the Resort. She reported short-term rental owners Tal Price and Michael Connelly have flagrantly disregarded rules since making large campaign donations to former Mayor Harry Sidhu and Mayor Pro Tern O'Neil led to many restrictions on short-term rentals being revoked. She noted Mayor Pro Tern O'Neil's current employer is an LLC affiliated with Mr. Price and Mr. Connelly. She noted Mr. Price and Mr. Connelly have hired "cabal" -member Jeff Flint to lobby on their behalf regarding short- term rentals and many violations against their properties. She advised it is evidence of Mayor Pro Tern O'Neil spreading his corruption, getting employment and kickbacks from campaign donors who see their civic violations dismissed, and she called for Mayor Pro Tern O'Neil to resign. Mike Robbins noted that Item No. 04 relates to the Fair Political Practices Commission and Item No. 16 relates to the Anaheim Municipal Code. He stated that an umbrella of corruption comprised of Save Our Anaheim Resorts (SOAR), Visit Anaheim, and the Anaheim Chamber of Commerce still covers several Council Members. He noted how this corruption is still working relative to short-term rentals and Mayor Pro Tern O'Neil's employment through Mr. Price and Mr. Connelly. He questioned how many of the Council Members could vote on Item Nos. 04 and 16 when they are under investigation by the Federal Bureau of Investigation (FBI). He noted that Council Members all took an oath. He reported that 343 sworn firefighters died in the September 11' attacks, commended their selflessness and courage, and chastised the low level of public service being shown by the sworn public servants on the dais. David Duran commended select comments in the City's response to the Grand Jury's study of homeless in Orange County (Item No. 05). He reported the City and County agreed that returning people to unsheltered homelessness would further disengage the homeless population from accessing supportive services and discourage progress. He applauded City Manager Jim Vanderpool for writing this but contrasted it to what the City has not done. He advised the response implies the City recognizes simply placing someone in a shelter does not alleviate them from being homeless. He City Council Minutes of September 13, 2022 Page 3 of 26 criticized how little money the City puts into combatting homelessness. He disagreed with the City's assessment of transitional housing placement ending homelessness, noting it is only temporary and the person often ends up back on the streets. He encouraged City Council to use clear and truthful statements in its response to the Grand Jury. Jodie Mosley commended the City on its intention to acquire the Covered Wagon Motel (Item Nos. 01 and 12). She expressed concerns about the legality of the acquisition relative to the Beach Boulevard Specific Plan and emphasized that the acquisition proceed properly due to its importance to area residents. Rob Lester, President of the Anaheim Firefighters Association, expressed support for Item No. 18 and called for the item to go further. He called for replacements for the nine (9) firefighter positions lost during the 2007 recession. He noted that Anaheim Fire & Rescue (AF&R) Chief Patrick Russell has requested three (3) positions be restored. He reported that the City's firefighters are exhausted physically and mentally due to understaffing and being some of the busiest in the nation. Paul Hyek advised that John Saunders is making his tenants eat government senior food boxes to survive. He displayed the contents of a box and encouraged Mr. Saunders to survive on such a diet. He advised Mercy House needs to go and called for walk-in walk -out service like neighboring counties have. He called for better building demolitions to go down to the soil level and not just the basement. Mark Richard Daniels advised that the election is fast -approaching. He questioned how Mayor Pro Tern O'Neil could serve as Mayor due to his connections to former Mayor Sidhu. He advised Mayor Pro Tern O'Neil could not make the City forget the old era and make things better because he is attached to the old regime. He advised residents could not forget about the past corruption because the full answers are not yet known. He called on Mayor Pro Tern O'Neil to recuse himself from his campaign, noting the FBI is still visiting City Hall. He believed that Mayor Pro Tern O'Neil and the others involved should leave gracefully and not go through the election cycle. Cecil Jordan Corkern alleged that there have been crimes, immorality, and sex trafficking committed by The Walt Disney Company. He advised that Disney uses subliminal messaging and called for the removal of "Bluey" from the Disney Junior Channel. He reported that former President Donald Trump has filed a lawsuit stating the search for files at his residence was invalid. He reported former Mayor Sidhu was caught evading taxes while buying a helicopter and the FBI took control of it. He advised he has been praying for former President Trump, former Mayor Sidhu, and Disney every day. He believed that Council Member Valencia needs to understand the seriousness of Disney's crimes. He provided his phone number so he could be contacted for more information. John Dunton reported that another Anaheim child was killed by gun violence and called for an end to the City's gun violence. He advised the firefighters who died in the September 11th attacks fought for the United States flag. He encouraged voters to pick who they want but to do their homework first. He advised he is not backing any candidate but expressed his hopes that there would be a new trend of the City Council being more for the people. Feliciano Sanchez advised that he and five of his Walnut Street neighbors have come to request Council Member Valencia help find a solution to an increase in traffic accidents near their homes. He noted that Betsy Ross Elementary School is also on Walnut Street. He requested Council Member Valencia join their November 3, 2022 meeting with the City's Traffic Engineer, noting concerns for child safety. City Council Minutes of September 13, 2022 Page 4 of 26 Council Member Valencia advised he is aware of the situation and thanked Mr. Sanchez for coming to speak at the meeting. He advised that the Public Works Department is working on the matter and that his staff participated in a recent walk-through of Walnut Street. He pledged they would do what they could to make improvements similar to those made in the Ponderosa neighborhood. Ricardo Calvillo agreed with his neighbor Mr. Sanchez, adding that one of his neighbors recently had to be hospitalized after an accident on their street. He requested help from City Council to address the safety of Walnut Street. Mary Celis (translation: Spanish) spoke about her safety concerns on Walnut Street, especially as it relates to school children. She encouraged City Council to help find a solution to the dangers on Walnut Street and to make it safer, adding she is afraid for the community. She invited Council Member Valencia to the November 3 meeting with the City's engineering staff and requested his support. She thanked Council Member Valencia and City Council for listening to their concerns. Mariana Angeles spoke in support of her Walnut Street neighbors and encouraged Council Member Valencia to attend their meeting on November 3 and help find a solution for these District 4 residents. Muhib Razak requested the protection of additional security cameras to help keep the City safe. Mazatl Tecpatl Tepehyolotzin called for the removal of the nickname "Colonists" for Anaheim High School, noting many schools and professional sports teams have recognized the negatives of offensive mascots and removed them to better their communities. He advised this is a step towards healing and respect for minorities like Native Americans and other indigenous peoples. He noted the colonists of the early 1600s were in the eastern United States and not California and set poor examples through their behavior towards native peoples. He advised the Germans who settled Anaheim were investors and not colonists. He advised for Native Americans the term "colonists" is a reminder of the cruel treatment of their ancestors. He quoted Dr. Martin Luther King Jr.'s comments about the nation beginning with this genocide. He called for an end to the era of harmful mascots. He tanked Council Member Valencia for supporting the Walnut Street residents. Kathy Tran expressed pleasure as a District 1 resident for the City's plan to purchase the Covered Wagon Motel (Item Nos. 01 and 12). She inquired about what type of affordable housing the City plans for the site, the funding source, and if the affordable housing would fit into the Beach Boulevard Specific Plan. She called for a clause to be put into a Developer's Agreement stating that affordable housing for the site must follow the Specific Plan. She advised that this would show respect for the residents who helped create the Specific Plan. John Spring advised his Intelligence Quotient (IQ) exceeds 200. He spoke of how he foresaw the Cuban Missile Crisis. He expressed concerns about a new wave of child and young adult molestation being done by a Russian mind control technique leading to permanent brain damage. He advised the Anaheim Police Department (APD) does not believe his claims and misunderstands his level of intellect. He encouraged the Council Members to contact him directly about the matter and not go through the APD. He advised, in addition to the Cuban Missile Crisis, he also saved American lives a second time through his advanced intelligence about Grenada ahead of the United States invasion. He cautioned about the Soviet mind control, which has already destroyed some young people, and requested City Council contact him for more information. City Council Minutes of September 13, 2022 Page 5 of 26 Kenneth Batiste advised that the cabal is controlling the powers of the City. He advised the Council Members are paid -for puppets, except for Council Member Moreno, and they would be judged by God for their actions. He advised the Council Members should just come out and say the residents are secondary to their puppet handlers and believed this is why the City is $2 billion in debt. He advised the first thing the City should do is get out of debt. He noted Mayor Pro Tern O'Neil wanted to put in a lifetime ban on rent control and questioned if this was the action of someone who cares about the City's residents as opposed to his own pockets. He advised Mayor Pro Tern O'Neil is also diluting neighborhoods by allowing short-term rentals and angering residents. He stated that affordable housing stops homelessness. He encouraged the Council Members to show heart and care about someone other than themselves. Nahla Kayali, Executive Director of Access California Services, thanked City Council for considering Item No. 13. She thanked City Council and City staff for helping guide them through their journey and advised that waiving the fees would help reduce the cost of the project. She advised this is a partnership with the City to help create a village of services for residents and she encouraged City Council to approve Item No. 13. COUNCIL COMMUNICATIONS: Council Member Diaz highlighted Matiki Island BBQ, a Polynesian -style BBQ restaurant, founded by an immigrant and in business since 1996. He invited residents to join the Community Services Department at Haskett Library for an event on September 14 at 3:30 P.M. to celebrate Hispanic Heritage Month, with a Selena-themed party. Council Member Faessel requested the meeting adjourn in memory of Anaheim Colony resident and retired Anaheim High School teacher Brad Pettigrew. Council Member Ma'ae reported her attendance at the League of California Cities conference last week, where she learned about proposed legislation and noted how items affect each city differently. Council Member Moreno announced the Kaboom! Build Day at Center Greens on Friday, September 16, 2022, and thanked the Community Services Department for their work on the park and its grant funding. He announced that volunteers were welcome. He noted that a planned clean-up event resource fair in the Glen -Onondaga neighborhood was postponed due to inclement weather and should be rescheduled to the first or second weekend in October. He acknowledged the efforts of residents and businesses across the city in conserving energy during the recent heat waves as well as the efforts of the Anaheim Public Utilities Department in working on energy resources. He further acknowledged the cooling centers that were provided through community centers and libraries. Council Member Valencia reported that Assemblymember Tom Daly was successful in obtaining $10,000,000 in State funding to renovate and improve Boysen Park, noting he then also obtained an additional $5,000,000 for a total of $15,000,000. Council Member Valencia thanked Community Services Director Sjany Larson -Cash for her efforts, expressed appreciation for the funding, and looked forward to the park becoming even more iconic for the City and its residents for years to come. City Manager Jim Vanderpool announced that Hispanic Heritage Month starts on Thursday but the Anaheim Public Library has events starting tomorrow, September 14th through October 15th with special story times, cooking demonstrations, crafts, movies, games, and more. He invited residents to visit the website at www.anaheim.net/library for more details. He further reported the Community City Council Minutes of September 13, 2022 Page 6 of 26 Policing Teams participated in several Back to School Nights across the City, where parents and students were able to engage with the department. He thanked the schools for their partnership. At 6:11 P.M., Mayor Pro Tem O'Neil recessed the City Council to address the Anaheim Housing Authority agenda, reconvening at 6:31 P.M. CONSENT CALENDAR: At 6:31 P.M., the Consent Calendar was considered with Council Member Moreno pulling Item Nos. 05 and 06 for separate discussion and consideration. Council Member Diaz recused himself from Consent Calendar Agenda Item No. 12 due to a conflict of real property interest as his residence is within 500 feet of the subject property. MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and adopt the consent calendar in accordance with reports, certifications, and recommendations furnished each City Council Member and as listed on the consent calendar, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. [Item No. 12: ROLL CALL VOTE: AYES — 5: (Mayor Pro Tem O'Neil and Council Members Ma'ae, Moreno, Valencia, and Faessel); NOES — 0; ABSTAIN (recusal) — 1: (Council Member Diaz)]. Motion carried. B105 3. Receive and file minutes of the Public Utilities Board meeting of July 27, 2022. E150 4. Receive and file the Fair Political Practices Commission 2022 Local Agency Biennial Notice advising that the City's Conflict of Interest Code is currently under review. D180 7. Accept the bid from Greentech Landscape, Inc., in the amount of $462,000 plus a 20% contingency, to provide landscape maintenance services for the east portion of the Anaheim Resort Maintenance District 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 #9605. D180 8. Accept the bid from Colley Auto Cars Inc., in the amount of $47,652.68 plus applicable tax and a 15% contingency, to provide OEM Ford automotive repair parts on an as -needed basis for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9603. D180 9• Ratify the increase to the current Master Agreement with Epic Aviation LLC, in the amount of $210,000 for a not to exceed amount of $400,000 plus applicable taxes, to account for the increases in jet fuel prices over the last 12 months for the as -needed purchase of aviation jet fuel for the period ending January 31, 2023. D175 10. Waive City Council Policy 4.1 and approve an agreement with Mike D Atkinson, an individual, DBA Landscape Consultants and Contract Management, in an amount not to exceed $100,000, for professional landscape consulting services to support the Public Works Department for a one year term with an option to renew for one additional year; and authorize the Director of Public Works, or designee, to execute the agreement and related documents and to take the necessary actions to implement and administer the agreement. Item No. 10 withdrawn by staff. No action taken. City Council Minutes of September 13, 2022 Page 7 of 26 AGR-13735 11. Approve the Professional Services Agreement with 17 consultants for as -needed traffic AGR-13736 engineering and transportation planning services to support the Public Works Department, AGR-13737 Traffic and Transportation Section, each in an amount not to exceed $400,000 per Work AGR-13738 Order Package or Request and with a total not to exceed contract amount of $1,000,000 per AGR-13739 contract year per consultant plus an additional 15% for extra work as necessary for successful AGR-13740 completion of a Work Order, each for a three year term with two one-year optional renewals; AGR-13741 authorize the Public Works Director to execute each agreement and to take the necessary or AGR-13742 advisable actions to implement and administer the agreements; and authorize de minimis AGR-13743 changes that do not substantially change the terms and conditions of the agreements, so long AGR-13744 as such changes are determined to be de minimis by the City Attorney (ADVANTEC AGR-13745 Consulting Engineers, Inc., AGA Engineers, Inc., Alta Planning + Design Inc., CR Associates, AGR-13746 Fehr & Peers, General Technologies and Solutions, LLC, Iteris, Inc., Kimley-Horn Associates, AGR-13747 Inc., Kittelson & Associates Inc., KOA Corporation, LG2WB Engineers Inc. (Linscott, Law, & AGR-13748 Greenspan Engineers), LSA Associates, Inc., Mark Thomas and Company, Inc., Stantec AGR-13749 Consulting Services, Inc., TJKM Transportation Consultants, Toole Design Group, LLC, and AGR-13750 Willdan Engineering). AGR-13751 AGR-13734 12. Approve a Cooperation Agreement, in substantial form, with the Anaheim Housing Authority AGR-13734.0.1 for the transfer of Permanent Local Housing Allocation funds, in the amount of $6,600,000, to assist with the acquisition of the Covered Wagon Motel located at 823 S. Beach Boulevard, and authorize the Executive Director, or designee, to execute and administer the Agreement; and approve a waiver of the Transient Occupancy Tax, in the amount of $254,651.54, owed for 823 S. Beach Boulevard to facilitate the sale of the property to the Anaheim Housing Authority (related to Housing Authority Agenda Item No. 1). Item No. 12: Council Member Diaz reported a recusal from Item No. 12 due to a conflict of real property interest as his residence is within 500 feet of the subject property. ROLL CALL VOTE: AYES — 5: (Mayor Pro Tern O'Neil and Council Members Ma'ae, Moreno, Valencia, and Faessel); NOES — 0; ABSTAIN (recusal) — 1: (Council Member Diaz). Motion carried. D159 13. RESOLUTION NO. 2022-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM waiving building -related fees applicable to the Access California Services Project at 300 West Carl Karcher Way (reimbursement of fees already paid totaling $13,295.65). D116 14. Approve proclamation recognizing September 11, 2022 as Patriot Day in remembrance of September 11, 2001. D114 15. Approve minutes of the City Council meetings of May 24, 2022 (revised) and June 7, 2022. END OF CONSENT CALENDAR: 0144.6 5. Approve response to the 2021-2022 Orange County Grand Jury report titled, "How is Orange County Addressing Homelessness?" and authorize the City Manager to execute a letter and forward the response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury. Community Preservation Manager Sandra Lozeau reported the item is a proposed response to the Orange County Grand Jury's report on how the County is addressing homelessness. She reported that the report's conclusion found the County is addressing homelessness with elaborate systems but noted the system has some shortcomings and bottlenecks. City Council Minutes of September 13, 2022 Page 8 of 26 Ms. Lozeau noted there were two findings and three recommendations in the report pertaining specifically to Anaheim and requiring a response from the City. She advised staff recommends that City Council approve the response and direct the City Manager to submit the response. DISCUSSION: Council Member Moreno expressed his appreciation for the Grand Jury looking into homelessness and commended City staff for its commitment to its work with the homeless. He thanked recent City Councils for putting pressure on the County to do more work for the homeless. He lamented that much of this only became important following a series of lawsuits against the County and City. He applauded the response about how the City has stopped using the Anaheim Police Department (APD) as its first line of response to the homeless through the creation of the Community Care Response Team (CCRT). In response to Council Member Moreno's inquiry, Ms. Lozeau advised that Anaheim has been at the forefront of shelter and housing unit construction but often has issues relative to gap financing, location, and rental assistance, creating frustrations and bottlenecks. She noted that the CCRT is starting to help fill those gaps. In response to Council Member Moreno's inquiry, Housing and Community Development Director Grace Stepter advised that the acquisition of Studio 6 would allow the City to have a non -congregate shelter and help address the emerging need of helping homeless with mental health problems preventing them from staying in an open space with multiple beds. She reported that Studio 6 would be online in October or November. She advised that the City has a non-profit, Pathways of Hope, offering family shelter but acknowledged staff has to put more effort into this area. She noted the burden on residents of emergency housing vouchers has proven problematic working with landlords so the City is looking into landlord incentives. In response to Council Member Moreno's inquiry, Ms. Lozeau advised there are many ways the CCRT interacts with the homeless and vice versa. She noted many homeless individuals do not wish to go into a shelter. She advised there is a proactive effort being made to assign every homeless person a CCRT case manager. MOTION: Council Member Moreno moved to approve response to the 2021-2022 Orange County Grand Jury report titled, "How is Orange County Addressing Homelessness?" and authorize the City Manager to execute a letter and forward the response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. 0144.6 6. Approve response to the 2021-2022 Orange County Grand Jury report titled, "Water in Orange County Needs `One Voice"' and authorize the Public Utilities General Manager to execute a letter and forward the response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury. Anaheim Public Utilities (APU) General Manager Dukku Lee thanked APU Assistant General Manager Michael Moore on the occasion of his final City Council meeting before departing for another professional opportunity. Mr. Lee reported on June 22, 2022, the Orange County Grand Jury released a report revisiting its investigation of water management and operations in the County. He advised that it looked into potentially consolidating the Orange County Water District (OCWD) and the Municipal Water District of Orange County (MWDOC) to form a single wholesale water supply agency. City Council Minutes of September 13, 2022 Page 9 of 26 Mr. Lee reported APU's response is that it would like a more detailed analysis of the impacts on water retailers and, ultimately, APU customers. He advised that consolidation may have advantages but they need to be studied further relative to potential future water costs. He noted that Anaheim is already a member of the Metropolitan Water District of Southern California, providing direct access to imported water. DISCUSSION: Council Member Moreno stated that one of the reasons he pulled the item is to also wish Mr. Moore the best in his future endeavors, noting how interesting he made concepts like water conservation. He applauded how well the City having its own public water utility works for residents and commended Mr. Lee's response. In response to Council Member Moreno's inquiry, Mr. Lee noted the report focuses on the County's two wholesalers but the City relies heavily on Metropolitan. He advised that APU would always have a responsibility to serve its customers regardless of what the water source is and would always need to manage its water supply costs alongside other expenses. He advised that APU would have to continue to think innovatively relative to supply and conservation due to drought conditions. He advised APU would also be looking into more ways to access recycled water in the coming years. Council Member Moreno requested a future meeting with Mr. Lee and Mr. Vanderpool to discuss the potential of a workshop to educate residents on how climate change impacts the City's utilities and its efforts to work through the impacts and State mandates. Council Member Diaz agreed with every point in the response. He thanked Mr. Moore for his great work for the City, noting how critical providing a water supply is. Council Member Ma'ae echoed Council Member Diaz's comments lauding Mr. Moore and thanked him for his training ability and educational skills. She espoused how much he taught her about water - related matters and wished him the best in the future. Council Member Faessel noted Anaheim was one of the 13 original cities in the Metropolitan Water District in 1925 and he is only the 14th director at this time. He advised that Metropolitan supplies water to over 19,000,000 Southern California residents. He thanked Mr. Moore for his leadership on behalf of Metropolitan and noted that Mr. Moore has been a great mentor doing great work for the community. Council Member Valencia thanked Mr. Moore on behalf of the City's residents for his service. Mayor Pro Tern O'Neil agreed with his peers and thanked Mr. Moore for his service to the City and its residents. MOTION: Council Member Ma'ae moved to approve response to the 2021-2022 Orange County Grand Jury report titled, "Water in Orange County Needs `One Voice"' and authorize the Public Utilities General Manager to execute a letter and forward the response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. City Council Minutes of September 13, 2022 Page 10 of 26 M142 16. ORDINANCE NO. 6535 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Sections 1.11.050 (Email Retention) and 1.11.070 (Lobbyist Registration) of Chapter 1.11 (Sunshine Provisions) of the Anaheim Municipal Code to increase the email retention period for certain employees, to make certain violations of the City's lobbying provisions a misdemeanor, and to require that lobbyists certify their reports under penalty of perjury. Determine that the above ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Section 15378(b). City Attorney Robert Fabela reported that at the June 7 and July 12 City Council meetings Council Member Valencia requested modifications to the City's Sunshine Ordinance, Anaheim Municipal Code (AMC) 1.11, to add more enforcement mechanisms for lobbyists and to address the City's email retention policy. Mr. Fabela reported that AMC Section1.11.050 would be amended to retain public record emails from Council Members, Council staff, and City Executive Managers for two years with the 90-day retention window on all emails remaining in place. He advised that AMC Section 1.11.070 would be modified to criminalize violations for lobbyists, making them misdemeanors if they are committed knowingly or intentionally. He clarified that there would continue to be a delineation between inadvertent violations and intentional ones. He advised that lobbyists would now be required to submit quarterly reports on their activities which would be certified as true under penalty of perjury. DISCUSSION: Council Member Valencia thanked staff for their work on this item, highlighting Chief Assistant City Attorney Kristin Pelletier. He advised that City Council must respond to the FBI affidavits by revising the policy to indicate that City Council does not stand for such actions and to also help prevent similar actions from occurring in the future. He advised that the proposed policy changes would help accomplish these goals. He noted the previous lobbyist policy did not discourage entities from unlawfully engaging with the City without sufficient repercussions and advised that the email retention policy would help aid in transparency. Council Member Faessel expressed support for the lobbying provision changes but noted that he does foresee potential conflicts if the City Attorney is responsible for enforcing violations against lobbyists. In response to Council Member Faessel's inquiries, Mr. Fabela clarified that the violations would not be enforced through a lawsuit but rather fall under his role as a prosecutor. He noted that his office is not supported by lobbyists so he does not see the potential for a conflict. He reported discussing this issue with Orange County District Attorney (DA) Todd Spitzer and the anticipation is that these violations would move forward like any other prosecution. He expressed hope that lobbyists would comply with the code. He advised if there is an apparent offense, his office would work with the DA to determine if they should take up the case. He advised perjury is a felony and his office does not prosecute felonies so those cases would be referred to the DA. He clarified if there is either a conflict with his office or a blending of misdemeanors and felonies, those cases have historically been sent to the DA. He advised there is a path going forward to satisfactorily handle cases where there is a potential conflict of interest. Council Member Faessel expressed strong support for the lobbying provisions but advised he is less certain of the record retention component. City Council Minutes of September 13, 2022 Page 11 of 26 In response to Council Member Faessel's inquiry, Mr. Fabela confirmed the lobbyist and records retention components could be bifurcated. In response to Council Member Faessel's inquiry, Council Member Valencia agreed to bifurcate the item in hopes of building support for at least some of it. Council Member Diaz noted that two years is an industry -standard for records retention and he has no problems with this portion. He advised he also has no problems with lobbyists signing reports under potential penalty of perjury. He advised he agrees with the concept of increasing penalties for knowingly violating lobbyist regulations but expressed concerns over how the element of knowing intent would be determined as opposed to honest mistakes. Council Member Diaz suggested modifying the language to state a lobbying violation would first be reviewed by the City Clerk to assess intent, with the next step being the City Attorney if deemed suspicious, followed by a criminal process should the City Attorney agree that the violations were committed knowingly. Council Member Ma'ae agreed with Council Member Diaz. She requested to make the penalties incremental based on the intent and severity of the violation. Council Member Valencia advised this process already occurs when the City Clerk determines if there is a known violation with the City Clerk referring the matter to the City Attorney if the violation is deemed intentional. Mr. Fabela cautioned about calling the action a process but noted the current ordinance distinguishes between inadvertent violations and deliberate criminal ones. He advised that his staff regularly investigates intent and it is evaluated on a case -by -case basis if there is sufficient evidence for a court of law. He advised this is part of their duties as prosecutors. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Fabela confirmed there is an appeal process already embedded into the current ordinance for administrative penalties assessed. Council Member Moreno commended the item's intent to help make the City more transparent and ethical. In response to Council Member Moreno's inquiry, Council Member Valencia clarified he has been focused on the criminal component of the ordinance and not the banning component. He advised he is open to incorporating higher punishments for repeat offenders if City Council agrees. Council Member Moreno strongly commended the perjury component. He expressed support for incorporating escalating punishments for repeat offenders if it does not substantively change the ordinance to the point where they would have to hold a second first reading. Mr. Fabela advised if the language is clear, escalating punishments could be included in this first reading without requiring a second first reading. Council Member Moreno advised he would not support bifurcating the item because the two halves go hand -in -hand. He noted the retention window for their emails has been featured in the FBI investigation and they still would not have to be kept back to 2019. He reported the 90-day window was altered in 2017 due to the cost of server storage space but noted there have been cloud -based technological advances making two years of retention more feasible. He advised, with increases in City Council Minutes of September 13, 2022 Page 12 of 26 storage technology, it might be wise to have emails stored for the duration of an elected official's term because some projects develop over years. In response to Council Member Moreno's inquiry, Council Member Valencia advised he would have to further consider increasing the two-year limit to an elected official's full term. He advised he settled on two years because it aligns with the State's policy. Council Member Moreno noted some projects are discussed for more than two years so if the interest is in transparency and the cost is not significant they should extend the window. In response to Council Member Moreno's inquiry, City Clerk Theresa Bass reported discussing this matter with Finance Director Debbie Moreno who confirmed the email storage is now cloud -based. She advised current storage capacity would allow for full -term email storage for all Council Members with no additional cost. Council Member Moreno lamented that the State does not have a longer storage window because larger State project discussions also exceed two years in length. MOTION: Council Member Moreno moved to amend the two-year email storage window to the full four-year term of Council Members. DISCUSSION: Mayor Pro Tern O'Neil noted no motion had been made yet so there was not a motion to amend. Council Member Moreno noted this ordinance puts the onus on the lobbyist but advised it also takes an elected official to make the influence happen, as reflected in the FBI affidavit. In response to Council Member Moreno's inquiry, Council Member Valencia advised he would be happy to discuss penalties for an elected official who continues to engage with an unregistered lobbyist at another time. He advised this ordinance is specifically focused on lobbying, but he would like to discuss agendizing a discussion of the elected officials' end of the matter in the future. In response to Council Member Moreno's inquiry, Mr. Fabela clarified it is not currently an obligation of the elected official to report meeting with an unregistered lobbyist. He advised it is anticipated that the City Clerk would receive information about unregistered lobbying, but the Council Member does not have an obligation to report it. Council Member Moreno stated that it takes two to tango and there should be some onus on the elected official, but acknowledged it is a different day's discussion. In response to Mayor Pro Tem O'Neil's inquiries, Mr. Fabela clarified the definition of lobbyist does not apply to in-house advocates. He confirmed the definition only applies to those attained on behalf of an organization. He confirmed the definition of lobbyist does not apply to a project proponent acting on their own. Council Member Diaz advised that two years is the industry standard for retention policies. He stated that it is not about financial costs but rather the cost of staff's time looking for older records. He noted that he is comfortable with two years in the name of not overburdening staff. Mayor Pro Tern O'Neil noted the City's transparency website tracks public record requests well. He advised they track when fulfilling the requests exceeds 15 minutes of staff time and staff put in City Council Minutes of September 13, 2022 Page 13 of 26 1,614.25 hours of work processing public records request in the Fiscal Year 2021-22. He agreed with Council Member Diaz's point about the staff cost of searching records. He advised they are already increasing the retention of many emails from 90 days to two years but noted it is the government's job and there is a need to be transparent. He advised there needs to be a level of balance between transparency and burdening staff and agreed with Council Member Valencia's rationale about matching the State's standard. MOTION: Council Member Valencia moved to approve the ordinance as introduced, seconded by Council Member Diaz. DISCUSSION: In response to Mayor Pro Tern O'Neil's inquiry, Council Member Diaz confirmed his earlier concerns have been placated by the discussion. Council Member Moreno expressed support for the motion. Council Member Moreno requested to amend the motion to include a three-year suspension for lobbyists making a second violation. Council Member Valencia advised there is an elevation of repercussions in the judicial system, and he agreed that the stakes should be raised for a second offense. He accepted the amendment. Council Member Diaz advised he supported the amendment. In response to Council Member Diaz's inquiry, Mr. Fabela advised to make this amendment, Section 1.11.070.080 would have to be revised to add at the end ", and no person convicted of a second violation of this section may act as a lobbyist or otherwise attempt to influence municipal legislation for compensation for an additional three years after the second conviction." Council Member Diaz confirmed this suggested language is acceptable and agreed to second the amended motion. Council Member Faessel advised he had wished to hear his colleagues discuss records retention and noted everyone is approving of the two-year threshold. He advised he did not hear the concerns which could have led him to request a bifurcation. He advised that he is comfortable going forward with the ordinance in its entirety. Council Member Moreno agreed with Mayor Pro Tern O'Neil's comments about the additional staff time finding old records but noted that is part of the cost of running a government. In response to Council Member Moreno's inquiry, Ms. Bass reviewed the process for searching email archives using keywords in a search engine and advised her staff would also work with the City Attorney to ensure that what is being provided is public record. She advised the process would not change even if there was a much larger volume of archived emails. Council Member Moreno noted that if the policy was in place for full elected terms, the City would still have older emails from former Mayor Sidhu discussing the Angels Stadium sale that the FBI wanted. He believed that the City should strengthen its policy above the State's threshold given how the community's trust has been violated. He felt it did not appear to be an inordinate amount of work by staff to retain the additional records. SUBSIDIARY MOTION: Council Member Moreno moved to require emails of all elected officials be retained for four (4) years. Motion failed for lack of a second. City Council Minutes of September 13, 2022 Page 14 of 26 DISCUSSION: Council Member Valencia stated that he likes the concept of the proposed amendment but advised staff time is also of value and it is their job to make the most responsible decisions. He noted the reason City Council chose a 90-day window for all emails in 2017 was specific to the cost of data retention. He advised the increase in staff time now would significantly outweigh the increased data cost in 2017. He expressed his comfort with the State's two-year period. MOTION: Council Member Valencia moved to introduce ORDINANCE NO. 6535 AN ORDINANCE OF THE CITY OF ANAHEIM amending Sections 1.11.050 (Email Retention) and 1.11.070 (Lobbyist Registration) of Chapter 1.11 (Sunshine Provisions) of the Anaheim Municipal Code to increase the email retention period for certain employees, to make certain violations of the City's lobbying provisions a misdemeanor, and to require that lobbyists certify their reports under penalty of perjury, as amended, adding language to Section 1.11.070.080 to include that ", and no person convicted of a second violation of this section may act as a Lobbyist or otherwise attempt to influence municipal legislation for compensation for an additional three years after the second conviction" and determine the ordinance will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of CEQA and State CEQA Guidelines, Section 15378(b), seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried; ordinance introduced. D159 17. Receive a presentation on the OC Vibe mixed use project (informational item). Planning and Building Director Ted White reported the item is an overview for the ocV!BE project. He clarified that this is not a public hearing or discussion on the project's merits with any staff recommendations or requests for City Council actions. He advised this item is for City Council to ask questions about the project in advance of the scheduled September 27, 2022 public hearing for the project. Mr. White reported that in 2004 the City Council envisioned the then -industrial Platinum Triangle as an expansive mixed -use and entertainment -driven area. He advised that the ocV!BE project represents 100 acres of the Platinum Triangle area anchored by the Honda Center and the Anaheim Regional Transportation Intermodal Center (ARTIC). He noted the Anaheim Ducks Hockey Club's lease at the Honda Center runs through 2048 with allowable extensions lasting through 2073. He advised that the 2018 sale of 18 acres around the Honda Center was intended to facilitate investment and development of underutilized parking lots. He reported that the management agreement for ARTIC also runs through 2048 with options for extensions. Mr. White encouraged the public to visit the City's website for ocV!BE project details in advance of the September 27 public hearing before the City Council. Brian Myers, Anaheim Real Estate Partners, LLC and project applicant, thanked City Council for its time to make the presentation about this $4 billion project that has been worked on for four years. He noted he also conducted a similar study session with the Planning Commission before the Commission considered the project and applauded the success of the advance session. He advised that over 100 briefings have been held with community stakeholders to date and discussed the outreach efforts. Mr. Myers stated this project is the dream of the Ducks -owning Samueli family to have a vibrant community attached to the Ducks. He advised the project is designed for everyone in the region and not only those who would live and work there. He reported that there would be free parking in the project so it could be enjoyed by all in the community. He advised the three pillars of the community City Council Minutes of September 13, 2022 Page 15 of 26 would be entertainment, food, and lifestyle with enough options to be a different experience each time a person visited. Mr. Myers presented a list of public amenities ranging from 195 affordable housing units to 20 acres of public space to over 3,000 permanent jobs. He reported the four -acre Meadow Park would be owned and designed by the City but maintained by the developer. He advised the community benefits total $250,000,000 in addition to $400,000,000 of reinvestments in and around the Honda Center. He advised three miles of trails would loop through the project. Mr. Myers advised the project would close the stretch of Douglass Road between Katella Ave. and Stanley Cup Way for better traffic flow and the elimination of pedestrian congestion. He advised the developer would build a pedestrian bridge and a new road to connect Katella Ave. and Ball Road for better efficiency. He detailed new free parking structures totaling over 8,000 spaces around the perimeter of the site replacing open parking lots, increasing pedestrian access, and getting drivers in and out of the area as quickly as possible, including new access ways from State Route 57. He advised the new infrastructure would also reduce neighborhood traffic congestion along Ball Road and Sunkist Street Mr. Myers highlighted the three miles of pedestrian trails within the site, including a new pedestrian bridge over Katella Ave. allowing residents to take hour-long walks throughout the area. He detailed traffic plans in and out of garages, including the inclusion of a dedicated ride -share lane. He displayed plans for bicycle lanes allowing for access to and through the site. Mr. Myers discussed environmental sustainability elements of the site, including a power plant and rooftop solar panels generating over six megawatts of energy, making it the largest solar facility in Southern California. He advised Leadership in Energy and Environmental Design (LEED) and WELL certified buildings would be constructed on the site and this mandate has already been discussed with potential major tenants and hotel developers. He applauded the ability to tap into great water access through Anaheim Public Utilities (APU). Mr. Myers noted there would be 30,000 seats of entertainment venue as a 6,000-seat theatre, 2,500- seat outdoor amphitheater, and 1,000-seat club venue would join the Honda Center. He advised the two hotels would add about 550 rooms to the project. He reported that there would be 865,000 square feet of office space, 220,000 square feet of retail and restaurants, and 1,500 residential units. He advised that there was extensive consideration given to the acoustical design of the amphitheater, which will point towards State Route 57 to help minimize residential noise. He advised the plaza outside of the Honda Center would feel more like a park than the hard scrabble feel of L.A. Live in the City of Los Angeles. Mr. Myers reported the process for the development has been done publicly and has been very well - received since it was first announced in 2018. He advised the goal is to begin Phase 1 construction in 2023, focused primarily on the new parking structures and infrastructure. He advised the ultimate goal is to be completed by 2028 when Los Angeles hosts the Summer Olympic Games where the Honda Center will serve as the volleyball venue. Mr. Myers discussed the architectural design of the buildings, electronic signage, and the overall colorful artistic feel of the project as it elevates above State Route 57. He advised the development would feature an arts loop winding through the site along the walking trails. Mr. Myers shared that Phase 1 of the project would feature 35 units of affordable housing with Phase 2 including 160 units of affordable housing. He discussed how the figure was reached in consultation City Council Minutes of September 13, 2022 Page 16 of 26 with City staff and considering density bonuses. He advised there would be an option by the City to have the developers add 30 more affordable units in a parcel the developer owns just north of the ocV!BE site. He advised there was not a requirement at the time the development was first designed to include affordable housing but the developers felt an obligation to include affordable housing. Mr. Myers reported relative to the California Environmental Quality Act (CEQA) and advised there would be no new impacts from the site, and it would be consistent with the Platinum Triangle Master Land Use Plan. He advised the site's design would feature a 30% reduction in average daily trips and see no new traffic impacts. He advised the Vehicle Miles Travelled Screening process held discussions about the project with the adjacent City of Orange. Mr. Myers reported the proposed Development Agreement would have a 20-year term, no General Fund subsidy, $25,000,000 for two public parks totaling nine acres, a $5,000,000 contribution to the City's other parks, $250,000,000 in public benefits, $400,000,000 invested in the Honda Center and surrounding plazas, a 2.5-acre land exchange around the Honda Center and ARTIC, 195 units of affordable housing with the possibility of it becoming 225 at the City's option, financing of public infrastructure through the existing Community Facilities District (CFD) and a new CFD, joint use of both Meadow Park and the amphitheater, and a public/private partnership structure for an expanded ARTIC parking garage. Mr. Myers reported the proposed Facilities Management Agreements for both the Honda Center and ARTIC would be extended to base terms of 2053 with extensions through 2073. He advised it would allow for the financing of public improvements to both facilities. He advised the proposed agreement would allow for new sponsor signage in the Arena District and Transit District to help directly finance facility improvements. He advised the City would receive $1,000,000 annually through the term of the agreement beginning in Year 11. He stated that City events would be promoted on the new signage. He stated that the hockey team's "Anaheim Ducks" name would remain, and the team would be bound to play at the Honda Center. DISCUSSION: Mayor Pro Tern O'Neil advised it was a lengthy but exciting presentation. He thanked the Samueli family for all they are doing to help the City realize its vision for the Platinum Triangle. He applauded the proposed development. Council Member Ma'ae thanked Mr. Myers for the extensive advance work with the community in gathering feedback. She commended the development and expressed her excitement about it. Council Member Moreno commended staff for scheduling this informational item so both City Council and the public could learn about the project before the public hearing. He requested residents send him any questions they may have about the project ahead of the public hearing. In response to Council Member Moreno's inquiry, Mr. Myers clarified the number of affordable housing units and their location are flexible. He advised that it was staff's suggestion to look at the alternative of adding more affordable units by using the land just north of the project site. He noted the City has approval rights on the quantity and location details of the affordable housing. He advised the 195 on -site units are a requirement of the agreement. In response to Council Member Moreno's inquiry, Mr. Myers confirmed his group has not met with the Kennedy Commission. City Council Minutes of September 13, 2022 Page 17 of 26 Council Member Moreno encouraged Mr. Myers to meet with the Kennedy Commission before the public hearing. He noted that the development would be a jewel and commended Mr. Myers on the youth partnerships they are creating through the art and theatres in this project. In response to Council Member Moreno's inquiries, Mr. Myers shared that the Samueli family's vision included the creation of a platform not only for their philanthropy but also for others to participate in. He advised the plan is to discuss it more at the public hearing but advised the roots are being set for community non-profit partnerships. He believed Council Member Moreno would be impressed with the lengthy list at the next meeting and advised the development's social purpose all comes from the heart of the Samueli family and their philanthropic commitment to the community. He advised several larger potential tenants have also demanded the project have a soul serving a larger purpose. He confirmed they are pursuing social entrepreneurs to be a part of the development. In response to Council Member Moreno's inquiry, Mr. Myers reported the completed development would have 3,000 support service jobs. He stated that their organization generally pays better than some competing sports organizations and he could have more precise information available for the next meeting. He stated that about 5,000 permanent jobs would be created by the development's office space tenants. He reported they have largely been talking to potential technology industry tenants who bring high -paying jobs. He advised that Class A office space has not been built in Anaheim in 35 years. In response to Council Member Moreno's inquiry, Mr. Myers reported they are working on labor agreements with trade unions to help ensure labor peace. He noted that the agreements would include priority local hiring provisions. He reported on job fairs and other events the organization already holds regularly to increase local hiring at the Honda Center. He cited the Northgate Gonzalez Store One as an example of the sort of feeder program where they would search for local employees. Council Member Faessel thanked Mr. Myers and the Samueli family for bringing this $4 billion investment into their community. He expressed his appreciation for the amount of community outreach. Council Member Diaz expressed his appreciation for how the developers have looked at every detail to improve the project. In response to Council Member Diaz's inquiry, Mr. White confirmed that almost all new residential development needs to be solar powered per State law. Mr. Myers advised they are not done with planning beyond the first phase with such details about the residential buildings to be completed at a later date. He advised site plans for residential buildings would be completed in about a year and brought to staff once done. In response to Council Member Diaz's inquiry, Mr. Myers advised they are being careful about how the project relates to the Santa Ana River. He advised the goal is to design a facility interfacing with the river and there is a section of the proposed Development Agreement about how to integrate with the City's long-term goals for the river. In response to Mayor Pro Tem O'Neil's inquiries, Mr. Myers confirmed that as part of the land exchange the City would own the land under one of the parking garages. He clarified that the developer already owns this land and is exchanging it with the City for another similarly sized parcel that would house the privately -owned amphitheater. He advised that the City gains a quarter of an acre of land by exchanging the amphitheater site for Parking Deck D. He advised there was also some evening up on the edges of the Schmidt property. City Council Minutes of September 13, 2022 Page 18 of 26 In response to Mayor Pro Tern O'Neil's inquiry, Mr. White clarified that the City does not want to dispose of the land as part of the development which is why they are not selling the parcel to the developer. He advised that having a City -owned parking structure servicing the City -owned Honda Center is an asset. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Myers confirmed that the developer takes on all responsibility for the construction and maintenance of Parking Deck D in the proposed Development Agreement. He stated that there would be a pedestrian bridge connecting Parking Deck D directly to the Honda Center. He advised that it seemed like the most logical structure to use to complete the land exchange for the amphitheater site. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Myers clarified that Meadow Park would be built one phase earlier in Phase 2 instead of Phase 3 by creating interim surface parking lots for ARTIC users until the completion of Parking Deck A. He advised that Parking Deck A is being held for Phase 4 to allow for the formation of a partnership using grant money to ensure the best possible structure. He advised the Development Agreement includes a mandatory Parking Utilization Study in Phase 3 to assess how the area is being used and how much it may impact the size needs for Parking Deck A. He stated that encouraging the use of ridesharing and mass transit is a benefit to the developer by reducing the need for costly structured parking. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Myers noted that CFDs are more common in residential areas than commercial ones. He advised that 100% of the project would be owned and operated by the Samueli family making a CFD a viable financing vehicle. He stated that the Samueli family would be paying 100% of the assessments. In response to Mayor Pro Tern O'Neil's inquiries, Mr. Myers clarified the Anaheim Tourism Improvement District (ATID) revenues from the two hotels on site would go to infrastructure on the site. He clarified it is a cash flow the developer would borrow against. He advised the City is merely a conduit in this matter, noting the City has to authorize the move because it is public finance, but the developer would be responsible for all of the payments. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Myers reported they performed an economic impact study and the City hired an independent consultant to conduct one as well. Mr. White advised the City's study showed ongoing tax revenue is anticipated to be $6,000,000 annually in addition to the $1,000,000 direct payment beginning in the 111h year of the agreement. He advised this sum does not include Transient Occupancy Tax (TOT) revenues. He clarified "ongoing" tax revenue to mean Property Tax and Sales Tax. Economic Development Director Sergio Ramirez advised the City hired consulting firm Economics & Planning Systems, Inc. (EPS) and noted that the study would be part of the September 27, 2022 public hearing. He confirmed that TOT, Property Tax, and Sales Tax would be included in the revenue projections along with signage. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Ramirez reported the report is still being finalized. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Myers did not disclose the economic impact figures from their report but confirmed the results of the two studies were very close. Council Member Moreno requested staff post the City's economic impact report to the City's website as soon as it is finalized as opposed to waiting for the September 27 public hearing. He applauded the symbiotic relationship reflected in this development where both the City and the developer are leaning on each other for mutual benefit. He expressed appreciation for staff's efforts to properly City Council Minutes of September 13, 2022 Page 19 of 26 assess the development's potential in light of the disconnect over the proposed developments around Angels Stadium. Informational item; no action taken. At 9:06 P.M., Council Member Moreno left the meeting. D129 18. Receive and file an update on wildfire preparedness and provide direction to staff, as necessary, with the possibility of allocating additional appropriations based on Council direction. Anaheim Fire Chief Patrick Russell reported the item is to present an update on wildfire preparedness and potentially allocate additional appropriations based on City Council direction, advising that the item was requested by Mayor Pro Tern O'Neil on August 23. Chief Russell reported the Anaheim Fire & Rescue Department (AF&R) created a new Wildfire Mitigation Specialist position for this Fiscal Year to work with homeowners, homeowner associations, and other stakeholders to perform free wildfire assessments and make recommendations for damage risks. He reported AF&R is continuing to utilize goats to clear brush as well as a new contractor to help remove non-native vegetation. He reported that AF&R takes additional precautions during high fire weather conditions to ensure they are staffed, equipped, and properly ready to respond. He advised AF&R also benefits from its relationships with the California Fire and Rescue Mutual Aid System through the California Governor's Office of Emergency Services (Cal OES). Chief Russell noted that topography, fuel, and weather influence wildfires, sharing that Southern California has the most challenging fuel type in the nation through its abundant coastal sage, chaparral, and chemise. He advised that the area's drought and winds also contribute to wildfires. He advised that AF&R has active fire watches, including the volunteer Radio Amateur Civil Emergency Services (RACES) hoping to detect fires early and spread the word. He reported on how the Emergency Operations Center (EOC) serves as an inter -agency information conduit during emergencies. Chief Russell reported the City created a "Know Your Way" evacuation program following the 2017 Canyon fires. He advised that the City has an aerial Quick Reaction Force (QRF) working in conjunction with Coulson Aircraft, Southern California Edison, Orange County, Los Angeles County, and Ventura County. He commended Anaheim firefighters who volunteered to assist other jurisdictions in responding to fires triggered by the region's recent heat wave. Chief Russell noted the traditional fire season is in the fall, triggered by the Santa Ana winds, but advised the East Anaheim community is threatened year-round. He requested City Council restore three of the nine firefighter vacancies unfunded since 2008 to help staff Station 8, accounting for $726,000 annually. He requested three pickup trucks to help deploy firefighters for $390,000. He requested accelerating the apparatus replacement for up to three new engines for $3,300,000. He requested $150,000 to expand the use of hand crews to assist with vegetation management. He advised, aside from the fuel mitigation through vegetation management, all Anaheim residents could benefit from these potential additions even though they would be focused on the wildland-urban interface. DISCUSSION: Mayor Pro Tern O'Neil noted that Chief Russell is highly regarded as a wildland expert. He noted he is quick to agree with the Chief's recommendations regarding the additional vehicles and fuel mitigation. City Council Minutes of September 13, 2022 Page 20 of 26 In response to Mayor Pro Tern O'Neil's inquiries, Fire Marshal Lindsey Young reported AF&R currently utilizes the Orange County Conservation Corps for wildfire fuel mitigation concurrently with the goats. She clarified the $150,000 would be to expand this existing contract and the difference would be quickly realized. She confirmed this allocation would produce an immediate benefit to the City. In response to Mayor Pro Tern O'Neil's inquiries, Chief Russell clarified the three trucks would be more of a mid-term budget situation, noting extensive delivery delays for ambulances and engines. He advised it is close to a year before AF&R is taking delivery of vehicles, adding they would then still need to be outfitted for their tasks. He agreed the vehicles would more likely be in preparation for next year's high fire season due to the anticipated timeline. He advised with a major incident, AF&R has to manage the incident, help run the EOC, and also manage its normal day-to-day call volume. He advised the vehicles would be most helpful in getting firefighters to and from the regular daily calls received during an emergency. In response to Mayor Pro Tern O'Neil's inquiries, Chief Russell reported that AF&R has three engines over 20 years of age. He advised some replacements have been delayed up to 18 months due to budgetary restraints. He advised it would possibly be 2024 before a recently funded fire engine could be delivered. He advised these apparatuses were included because they have reached the level of critical need. He advised two of them would have likely been replaced or at least ordered by now were it not for budget constraints. He confirmed the City would not pay for the new engine until it is delivered. He advised there would likely be a 6.9% price increase in January from discussion among his peers. He confirmed the price is locked in when the engine is ordered. He confirmed this would have been done if the City was in a different financial situation the past couple of years due to the pandemic. Mayor Pro Tern O'Neil lamented the City's inability to restore the nine unfunded positions sooner. He advised the City has seen a strong recovery since the pandemic and expressed appreciation for receiving this request. In response to Mayor Pro Tern O'Neil's inquiries, Chief Russell reported that AF&R's supplemental budget request for FY 22/23 included the new full-time wildfire mitigation specialist position and three firefighters out of the nine unfunded positions. He advised there have been good conversations with staff in the past about when to put in this request but timing and money have always proven too strong of a challenge. He confirmed that he desires to also have three positions back in the next Fiscal Year and three more in the following Fiscal Year to account for all nine unfunded positions. He noted he planned to follow how the Anaheim Police Department (APD) restored its unfunded officer positions in annual increments. Mayor Pro Tem O'Neil believed the need to restore the positions exists but advised there is not yet a full understanding of cost as the Memorandum of Understanding (MOU) is still being negotiated with the firefighters. He endorsed a phased approach to restoring the positions to help balance the needs of other departments. He expressed his support for at least getting the first three vacancies hired. He noted that it is not one-time funding. In response to Mayor Pro Tern O'Neil's inquiries, Chief Russell reported AF&R is hiring five firefighters in November. He advised, if approved tonight, they would add the three positions to this group so they could all go through the Fire Academy together. He advised these new hires would be out in the field in early December. He advised the three new firefighters would be assigned to the staff of Engine 8, noting it needs a fourth position, is located in the Canyon, and is regularly used in City Council Minutes of September 13, 2022 Page 21 of 26 vegetation responses. He noted that geography makes responses in the canyons difficult so making Engine 8 as efficient as possible would be his priority with the three additional positions. Mayor Pro Tern O'Neil noted the placement of the firefighters is not a City Council decision but advised he finds Chief Russell's answer encouraging. Council Member Faessel expressed confusion because Mayor Pro Tern O'Neil's request was for an update on wildfire preparedness but there is no clear answer as to where the request for additional appropriations came into the picture. In response to Council Member Faessel's inquiry, Mayor Pro Tem O'Neil advised all of these requests would add to the AF&R budget out of the General Fund. He noted the City has three buckets of $10,000,000 set aside from FY 21/22 surpluses that City Council is looking to deploy with one of the buckets earmarked for investments in the community. He advised the City Manager has discussed turnover issues making non -General Fund money available. In response to Mayor Pro Tern O'Neil's inquiry, City Manager Jim Vanderpool clarified that the request is a collaboration between himself, Mayor Pro Tern O'Neil, and ongoing discussions with Chief Russell and the Anaheim Firefighters Association (AFA). He advised that increased calls for service are a constant topic with the AFA while staff has not fully rallied from the 2008 recession. He advised the supplemental budget process is challenging coming out of the pandemic and department heads were encouraged to forego supplemental requests even though the City is doing better than expected. He advised there are staff vacancies throughout the year due to turnover so he feels comfortable adding these three positions. He advised items like the trucks make sense for the three buckets because it is a one-time expense. He advised they would have to incur the expense for the outdated engines eventually and noted they would have 18-24 months before they have to pay for the engines upon delivery. He advised the $150,000 for additional hand crews makes sense as well. Council Member Faessel advised with a provision of the City Manager and Finance being able to find sufficient funds, he supports the three additional firefighters and potentially more. He expressed support for apparatus replacements as it is in the best interests of residents across the City and not just in the high wildfire risk zones. He advised the City could find $150,000 to enhance the hand crews. He advised he is not supportive of the three new trucks, adding he would rather spend $390,000 on a new firefighter than three pickup trucks. He questioned if the City truly needs three more pickup trucks for $130,000 apiece. In response to Council Member Faessel's inquiry, Chief Russell clarified that AF&R has three new staff positions who took the excess vehicles. He reported that a truck a paramedic uses to travel to assist daily at Disneyland was recently in the shop for a few days, so an AF&R pickup truck was used to help maintain service. He acknowledged that it is not a critical need. He reported the entire support staff drives pickup trucks and expounded on the benefits of having the pickup fleet along with the ways they are used daily. He advised there are higher priorities but the pickup trucks belong on the wish list he was asked to compile. Council Member Faessel advised the three new staff positions were all he needed to hear to establish the need for additional vehicles. He restated his preference to use the $390,000 for a new firefighter but advised if Chief Russel thinks he needs the three pickups and the City Manager can find funding he would agree. Chief Russell advised he would rather have the firefighter too, but noted a firefighter's salary is an ongoing expense and not a one-time expense. City Council Minutes of September 13, 2022 Page 22 of 26 Council Member Faessel advised he now agrees with all of the requests but questioned if the funds could be found for any or all of the requests. He noted Chief Russell did not bring up the needed new EOC building but advised it is a conversation for another time. Council Member Ma'ae advised public safety is the biggest concern and advised the mental well- being of firefighters and police offers is also an area of concern. She advised she would like to give everything on the list and more bodies but she hears the need for more bodies loudest. She advised that she would most like to give firefighters more downtime for their families. She advised she would support 2-3 more unfrozen positions. In response to Council Member Valencia's inquiries, Chief Russell advised staffing is 65 firefighters per the MOU, in addition to the four firefighter paramedics assigned to Disney and two battalion chiefs not assigned to the MOU. He advised this staffing covers 11 stations. He reported the call volume thus far in 2022 is 28,542. He reported in 2008 AF&R had 70 firefighters but the biggest difference is for the entire calendar year they received only 25,640 calls whereas, in only September, they are already 3,000 calls over the 2008 total and are projected to receive over 46,000 calls for 2022. He confirmed in 2008 AF&R had more bodies answering fewer calls. In response to Council Member Valencia's inquiries, Chief Russell advised firefighters per capita is a common method of assessing a City's staffing needs. He advised another method is a complex assessment by the National Fire Protection Association (NFPA) factoring in threats faced by a City. He advised he has used these figures before but does not currently have them to present. He agreed that AF&R's staffing level should be higher based on the volume of calls received compared to 2008. In response to Council Member Valencia's inquiries, Chief Russell reported the ambulance program is still transitioning and is not yet fully -City operated. He advised that AF&R is still awaiting delivery of four new ambulances and contracts out two ambulances from CARE Ambulance. He reported the City is netting about $5,500,00046,000,000 from the program as it exists today. He advised once the program is fully implemented the City would net $7,700,000 annually. He advised this figure could be increasing by $2,500,000-$3,000,000 annually based upon likely changes in January to how Medicare patients are handled by the State. He cautioned some of these figures are estimates because the program is not yet fully run by the City and the program has had to evolve to add an unforeseen Stage 3 because of the delivery delay for the City's new ambulances. He reported transports are up, driving this General Fund increase. Council Member Valencia encouraged returning some of this additional revenue to AF&R. He agreed that AF&R needs more personnel but questioned if East Anaheim is the portion of the City most in need of additional staffing. In response to Council Member Valencia's inquiry, Chief Russell advised he does not have data on which districts are the most in need based on population. He noted the Canyon area has high response needs and advised this item is about wildfire response. He noted Station 3 and Station 6 are very busy for their proximity to the Resort area. He advised there are many ways to look at staffing but his focus is on getting the existing companies to be as effective as possible. He advised his short-term focus would be getting four people assigned to every truck and in the longer -term shuffling units around to match call volume. Council Member Valencia advised he supports rehiring the three unbudgeted positions but echoed Council Member Ma'ae's call to hire even more, noting the City's improving finances and increasing ambulance revenue. City Council Minutes of September 13, 2022 Page 23 of 26 Mr. Vanderpool advised much of the budget sensitivity by staff is because the City had to use $24,000,000 of bond -borrowed money to close the FY 21/22 gap. He advised the City obtained a Federal Emergency Management Agency (FEMA) grant for 12 Staffing for Adequate Fire and Emergency Response (SAFER) positions for three years, expiring at the end of FY 23/24. He suggested adding the three positions and revisiting the topic of adding more when next year's budget cycle is discussed after they have found a General Fund solution to the 12 SAFER positions. He noted he does recognize the need and history of the positions. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Vanderpool confirmed the FEMA grant would cover the 12 SAFER positions for the next fiscal year. Council Member Diaz noted Mr. Vanderpool is stressed by the budget. He advised they are talking about spending over $1,000,000 on an item just presented on the agenda. He cautioned against being too aggressive with their spending and only approving the staffing requested at this time. He advised that a rash decision tonight could add to financial trouble in the future. Mayor Pro Tern O'Neil agreed with Council Member Valencia's comments about the money Chief Russell found through bringing the ambulance program in-house being used to augment AF&R. He also agreed with Council Member Diaz's call for caution with recurring expenses, particularly when the firefighters' MOU has not yet been finalized and full costs of each position known. MOTION: Mayor Pro Tern O'Neil moved to approve the item with the four recommendations from Chief Russell, seconded by Council Member Diaz. DISCUSSION: Council Member Valencia advised they have to be mindful of the fiscal challenges. He requested a commitment from his peers that AF&R staffing would be a top priority in the next budget cycle. Mayor Pro Tern O'Neil advised staff has heard loud and clear that AF&R staffing is a City Council priority. MOTION: Mayor Pro Tern O'Neil moved to receive and file the update on wildfire preparedness and approve the restoration of three (3) of nine (9) current firefighter vacancies, the purchase of three (3) pick-up truck vehicles, accelerating apparatus replacement for three (3) apparatus, and expand use of the Conservation Corps or Cal Fire hand crew to assist in fire mitigation efforts, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 5 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Valencia, and Faessel); NOES — 0; ABSENT — 1 (Council Member Moreno). Motion carried. PUBLIC HEARINGS: D175 19. Public hearing to consider adding Chapter 12.30 to Title 12 of the Anaheim Municipal Code establishing a pavement trench cut fee and setting the amount of the pavement trench cut fee. ORDINANCE NO. 6536 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 12.30 to Title 12 of the Anaheim Municipal Code establishing pavement trench cut fee and based upon the finding and determination that said ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines. City Council Minutes of September 13, 2022 Page 24 of 26 RESOLUTION NO. 2022-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the amount of the pavement trench cut fee and adding said fee to the Public Works fee schedule. City Engineer Carlos Castellanos reported the City owns 582 miles of center -lined streets with an average Pavement Condition Index (PCI) of 70. He noted the City has a large number of pavement trench cuts for utility work, damaging pavement by creating cuts for damaging water entry, creating a weak plain of lateral support and zones of influence, and increased surface roughness if the repair does not match adjacent pavement leading to vehicular bouncing and more rapid deterioration. Mr. Castellanos reported a study was conducted to assess pavement damage due to trench cuts and to develop an appropriate fee schedule for the City to recover costs associated with such damage. He reported that 20 trench cut sites were analyzed throughout the City representing all function classes, districts, and pavement ages. He advised each trench cut was analyzed for functional damage and structural damage. Mr. Castellanos reported that 100% of the test sites exhibited functional damage with an average PCI drop of 20 points. He reported that 65% of the test sites exhibited structural damage with a zone of influence extending at least two feet from the cut. He presented a recommended fee schedule to help recoup the costs of the damaged streets, estimating the fees would generate $500,000. He recommended the fees be based upon inflation and adjusted annually. DISCUSSION: Council Member Diaz advised the fees are not too high to deter new construction. He advised utilities and other people who want to work on the street know with ample advance notice if they would have opportunities to do so while they are being repaved. He advised often utilities and others ignore this opportunity, leaving the residents to drive on a patched street. He advised the fee would be a deterrent and allow the City to recover costs. In response to Mayor Pro Tern O'Neil's inquiries, Director of Public Works Rudy Emami confirmed the estimate for revenue generated is about $500,000. He advised the funds would be restricted for street paving purposes. Mayor Pro Tern O'Neil opened the public hearing. There being no speakers or electronically submitted comments, Mayor Pro Tern O'Neil closed the public hearing. Council Member Faessel advised that no Anaheim motorists needed this presentation, but it is appreciated because it substantiated how cut streets become problems. He commended Mr. Castellanos on the thorough study. In response to Council Member Faessel's inquiry, Mr. Emami advised there has to be an extensive study to substantiate any new fee. He advised there has been an exorbitant increase in the cost of asphalt because it is tied to the price of oil. He advised consultants advised not to use too high of a figure because the current cost of asphalt could be at a peak and not a fair barometer of prices. He advised that staff would monitor the cost of asphalt and could revise the fee appropriately next year. MOTION: Council Member Diaz moved to introduce ORDINANCE NO. 6536 AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 12.30 to Title 12 of the Anaheim Municipal Code establishing pavement trench cut fee and based upon the finding and determination that said ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, and approve RESOLUTION NO. 2022-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM City Council Minutes of September 13, 2022 Page 25 of 26 establishing the amount of the pavement trench cut fee and adding said fee to the Public Works fee schedule, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 5 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Valencia, and Faessel); NOES — 0; ABSENT — 1 (Council Member Moreno). Motion carried. D159 20. Public Hearing to consider revising the application fee for ministerial review of an extension of time to comply with conditions of approval and establishing an application fee for ministerial review of an outdoor dining parking permit on private property for restaurants. RESOLUTION NO. 2022-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to revise an application fee for Extension of Time to Comply with Conditions of Approval and establish a fee for Outdoor Dining Parking Permit (includes determination that adoption of the proposed application fee is exempt from the California Environmental Quality Act pursuant to Section 21080(b)(8) of the California Public Resources Code). Planning and Building Director Ted White reported the Anaheim Municipal Code (AMC) requires discretionary permits to be activated within two years of project approval. He advised sometimes applicants require extra time to exercise their entitlements. He advised the application fee for an extension ranges from $1,100 to $1,500, billed at an hourly rate. He reported staff proposes changing the fee to a flat fee of $595, meeting the average amount of staff time spent reviewing applications and records and conducting a site inspection. He advised a flat fee would provide greater predictability for the applicant and reduce staff's administrative overhead. Mr. White advised there is also a new proposed fee for outdoor parking lot dining areas as permitted by City Council earlier this summer to help alleviate financial harm done by the pandemic. He reported that staff recommends a flat fee of $763 to cover the processing and review of the permit. He advised the fee is also proposed as a flat fee to provide cost certainty to the applicant and alleviate administrative overhead. He advised staff feels both fees are appropriate to offset staff time. DISCUSSION: In response to Council Member Valencia's inquiry, Mr. White confirmed the fee amounts were set where they are to cover what is anticipated to be average City -incurred expenses relative to the applications. He advised some applications take longer than others but these sums are thought to be the average amount. He noted the set fee rates allow an applicant to know how much it would cost in advance and save staff time in establishing the fee on a case -by -case basis. Mayor Pro Tern O'Neil opened the public hearing. There being no speakers or electronically submitted comments, Mayor Pro Tern O'Neil closed the public hearing. Council Member Diaz commended the lower fees, their simplicity, and the new opportunities being created for restaurants to expand their space where appropriate. MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2022-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to revise an application fee for Extension of Time to Comply with Conditions of Approval and establish a fee for Outdoor Dining Parking Permit (includes determination that adoption of the proposed application fee is exempt from the California Environmental Quality Act pursuant to Section 21080(b)(8) of the California Public Resources Code), seconded by Council Member Valencia. ROLL CALL VOTE: AYES — 5 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Valencia, and Faessel); NOES — 0; ABSENT — 1 (Council Member Moreno). Motion carried. City Council Minutes of September 13, 2022 Page 26 of 26 REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non -agenda items): None COUNCIL COMMUNICATIONS: Council Member Faessel recognized Gabriel Rubio, a Jefferson Elementary School student, who was awarded a certificate by the Anaheim Fire & Rescue Department for his heroism and thanked the Fire & Rescue Department for the recognition. He thanked Anaheim Public Utilities (APU) Assistant General Manager — Water Michael Moore for his service and wished him well in his next endeavor. He acknowledged 39-year employee Laura Alcala on her retirement on October 3, noted her long involvement with Community Development and Redevelopment, and wished her well. He noted that the family of nine who had lost everything in a fire relocated to Moreno Valley near family and his aides and Yesenia Rojas recently delivered donations of household goods to the family to assist them. He thanked Caterina's Club, River Church, many volunteers, and the Community Services Department for their efforts and donations for the family. He announced the APU OC Electric Vehicle Expo at Katella High School on September 24, 2022, from 10:00 A.M. to 2:00 P.M., as well as the Caterina's Club Gala at the Richard Nixon Library on the following day. COUNCIL AGENDA SETTING: Council Member Faessel requested a City Council proclamation for the 95th anniversary of local family -owned business, Hilgenfeld Mortuary. ADJOURNMENT: At 10:28 P.M., Mayor Pro Tern O'Neil adjourned the City Council in memory of Brad Pettigrew. Res ectfully submitted, ei sa Bass, CMC� City Clerk Public Comment From: Kristina Martinez Sent: Tuesday, September 13, 2022 1:31 PM To: Public Comment Subject: [EXTERNAL] Concerns about OCVibe Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. To whom it may concern, I am an Anaheim resident, born and raised here. I am currently living in the gateway apartments in Anaheim next to the angels stadium. The OCVibe plan looks beautiful but I have reservations. First, the cost of housing in the area is already extremely high. This plan will worsen the issue and raise cost of living in the area. My husband and I make over 200k a year and are unable to comfortably afford buying a house. We have placed 8 offers and lost each one to investors. The OCVibe will increase the desire to have property in the area making it difficult for single families to own property or just live in the area. Not only is affordability an issue but there is also a concern for noise pollution and overcrowding. Bringing in more tourism to the area makes it more difficult for residents to live comfortably. We already deal with tourism that concerts and events that the Honda center, angels stadium, and Disneyland bring to the area. The streets around our apartment are closed during events at the angel stadium making it nearly impossible or extremely time consuming to get into the apartment complex. Adding more attractions in such a small radius is a recipe for disaster. Please take time to plan to accommodate the parking needs and possibly consider more affordable cost of reliving for the residents of the area. -Kristina Balansi Public Comment From: Sent: Thursday, September 8, 2022 6:23 PM To: Public Comment Subject: [EXTERNAL] Watering During a Drought Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Hi there, Yesterday, September 7th, I was driving down Katella (from the 5 towards Disneyland) at around 15:19 (3:19PM). As I approached the intersection of Katella and Haster area, I noticed that the city had gardeners out replacing the plants in the median. I was shocked and angered at what I saw. Not only were these new flowers beijg planted non-native plants, but the sprinklers were running and spilling all over the sidewalk and street. I find it incredibly disrespectful, insensitive, and insulting in the wake of the growing climate change and drought conditions that the City of Anaheim is permitting planting of non-native plants at such a crucial time when our cities need to be rethinking their landscaping to fight climate change. On top of that, during the middle of a drought where people are being asked to conserve water, the city of Anaheim was watering plants and letting sprinklers waste precious water. This is unacceptable. If the citizens of Southern California are being asked to do their part to combat climate change and conserve water, the city of Anaheim should be doing their part as well. It is a complete disregard to all living creatures to continue practicing in this way. It is essential that the city of Anaheim change these practices immediately. Climate change is real. This drought is real. It is going to take EVERYONE to pitch in for us to continue living. Please bring this up at your next board meeting. I request a response as well as information on how the city of Anaheim plans to immediately change these two courses of action. If I do not hear from the city and their immediate plans, I will continue to write and demand changes. This is not acceptable. Sincerely, - Brittany