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11/01/2022ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF NOVEMBER 1, 2022 The regular meeting of November 1, 2022 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting was called to order at 4:02 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 October 27, 2022. MEMBERS PRESENT: Mayor Pro Tern Trevor O'Neil and Council Members Gloria Sahagun Ma'ae, Jose F. Moreno, and Stephen Faessel. Council Member Jose Diaz joined the meeting at 4:03 P.M. and Council Member 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 4:02 P.M., Mayor Pro Tern O'Neil recessed to closed session for consideration of the following: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: Two potential cases At 5:13 P.M., Mayor Pro Tern O'Neil reconvened the Anaheim City Council. MEMBERS PRESENT: Mayor Pro Tem Trevor O'Neil and Council Members Jose Diaz, Gloria Sahagun Ma'ae, Jose F. Moreno, Avelino Valencia, and Stephen Faessel [Mayoral vacancy]. INVOCATION: Reverend Jessica Strysko, Anaheim United Methodist Church FLAG SALUTE: Council Member Jose Diaz PRESENTATION: Recognizing the Miss Anaheim Beautiful 2022 incoming court Miss Anaheim Beautiful Annie To provided a brief overview of the program and introduced the court. Recognizing the 100th Birthday of Cecilia Delgado The recognition was continued to November 15, 2022, to allow Ms. Delgado to attend the City Council meeting. City Council Minutes of November 1, 2022 Page 2 of 37 Presentation by Orange County Sustainability Decathlon Fred Smoller, President and CEO of Orange County Sustainability Decathlon, presented a video providing an overview of the Orange County Sustainability Decathlon. He noted the California Legislature has passed the most ambitious environmental and climate change legislation in the world. He explained the Sustainability Decathlon has 18 teams that will design, build, and operate solar -powered houses that are net -zero energy buildings that are affordable, energy - efficient, and attractive. He noted they will be put on display for public and private organizations to tour. He advised the goal is to help California reach its goal of a 100% clean -energy future and to make Orange County the sustainability and clean -technology capital of the world. He reported a sustainability exposition will also be held and provided examples that will be seen. He noted there is potential for a significant economic impact on the City. Council Member Moreno thanked Mr. Smoller for bringing this opportunity to the City. ACCEPTANCE OF OTHER RECOGNITIONS (Top be presented at a later date): Recognizing November 2022, as Family Court Awareness Month Jana Laborde, a volunteer with Family Court Awareness Month Committee, accepted the proclamation and provided a brief overview of happenings in Family Court and the work being done to mandate training for judges and Family Court professionals. At 5:37 p.m., Mayor Pro Tem O'Neil called to order the Anaheim Public Financing Authority, Anaheim Housing and Public Improvements Authority, and the Anaheim Housing Authority (in joint session with the City Council). ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all aqenda items, except public hearings): City Clerk Theresa Bass reported that a total of two (2) public comments were received electronically prior to 5:00 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 Paul Vicknair, Anaheim Senior Citizen Commissioner, provided comments regarding Item No. 11. He recalled there were many times items were sent to the City Council for consideration and nothing happened. He expressed that Council Member Moreno and former Council Member Denise Barnes were frequently overruled by the City Council when trying to agendize items. He advised that they brought the issues to light which led to the resignation of the former Mayor Harry Sidhu, exposed a cabal, and potential thievery with the sale of Angel Stadium property. He advised that City Council could do better in the future through enlightened ethics. He recommended assuring the many different Commissions' concerns are agendized for City Council consideration and that the City Council members can agendize items for discussion. He also recommended any final decisions on important real estate matters, such as the sale of Angel Stadium, are handled by at least three members of the City Council who agree on the price and be subject to significant oversight. He noted he does not want to see a repeat of the City Council Minutes of November 1, 2022 Page 3 of 37 black stain on Anaheim's government history. He encouraged residents to consider reformed candidates when they vote on November 8, 2022. Wes Jones expressed support for setting the 2023 City Council calendar but inquired who would be on the City Council. He noted that in 2018 for Measure L, the cabal paid to have blockers so signatures could not be collected. He advised that Council Member Ma'ae who was then with Support Our Anaheim Resort (SOAR) supported the thought that paying workers a living wage would increase homelessness. Cecil Jordan Corkern reported that he had a new security report on Disneyland and noted he is working on gun laws to take guns out of schools. He thanked City Council for their service. Bob Donelson encouraged all residents to vote on Election Day and noted residents could also vote by mail. He encouraged residents to vote for Ashleigh Aitken as it is important to change the City Council to get important matters agendized. He noted there needs to be more City Council Members like Council Member Moreno. Mark Richard Daniels encouraged residents to vote so the City could move away from recent dark events. He noted the residents cannot take another four years of the existing City Council. He encouraged Mayor Pro Tern O'Neil and Council Member Ma'ae to leave the City Council. He inquired why former Council Member Lucille Kring is representing the Planning Commission in District 1 when she does not live in that district. He referenced other Commissioners who were asked to step down because they did not live in the district. Steven G. Sidlovsky, Citizen's for Life and Peace, submitted documents and sang a song for the City Council. He thanked City Council for recognizing Cecilia Delgado's 100th birthday. He noted his organization now has language that can be placed in City Charters declaring the City as a Personhood City. He requested City Council agendize the discussion of Anaheim becoming a Personhood City and encouraged residents to vote no on Proposition 12. Lisa Sartor reported she has been on the Anaheim Housing Authority list for 12 years. She advised that she had been eligible for a voucher in 2017, which was then denied due to lack of funding but noted it was used to line the pockets of higher-ups. She reported the City was unable to help her and referred her to CityNet, which was also unable to help her. She advised that she has never had due process and requested assistance from the City Council. Mayor Pro Tern O'Neil requested representatives from the Housing Authority speak with Ms. Sartor. Kenneth Batiste noted the candidates that take money from special interests will vote for special interests. He encouraged residents to support candidates that will flip the City Council from special interests. Denise Barnes thanked Council Member Moreno for his selfless work for the residents of Anaheim. She thanked Council Member Valencia for his work in District 4. She expressed appreciation for what Council Member Faessel has done but questioned his sincerity. She encouraged Council Member Diaz to represent District 1 and have Commissioner Lucille Kring replaced as their Planning Commission representative and to partner with the West Anaheim Association. She encouraged Council Members Diaz and Ma'ae to work on a code that limits City Council Minutes of November 1, 2022 Page 4 of 37 the amount of cannabis/vape shops on Magnolia Avenue. She expressed hope that the neighborhood stays in good favor with Mayor Pro Tern O'Neil. Linda Martinez reported she is running for Anaheim Union School District Board of Trustees Area 1 and noted she was disheartened to see mailers alleging sexual harassment by school district employees. She expressed disappointment about not hearing anything from the City Council regarding the situation at Sycamore Junior High School's band concert at Disneyland. She recalled an incident where she went to Council Member Diaz regarding sexual harassment but he failed to help, citing employee confidentiality. She noted all women in Anaheim should be respected and have representation from their representatives in the City and on the school board. Fernando Delgado, Santa Ana resident, expressed concern about the members of City Council who are not representing the best interest of the residents. He expressed concern regarding the campaign contributions to several resort -backed candidates. He expressed concern that Council Member Valencia voted against a 2% gate tax and noted at the time it would hurt the working families of Anaheim although they would be exempt from that tax. He encouraged the residents to follow the money when they cast their votes. COUNCIL COMMUNICATIONS: Council Member Diaz recognized District 1 small business De Andre's Salon at the corner of Ball Road and Dale Avenue. He announced a community meeting of the newly formed West Anaheim Organization (WAO) to be held on Thursday, November 17, 6:30 — 8:30 P.M., at the Brookhurst Community Center. Council Member Ma'ae reported that the Anaheim Police Department would present on personal safety at the WAO meeting. She stated that District 2 is struggling with crime related to homelessness, and even with residents reporting concerns, there is still much work to be done, particularly with Caltrans and the Union Pacific Railroad. She acknowledged staff efforts in engaging those entities and noted she held a community meeting of over 50 residents who discussed concerns. She encouraged all residents, staff, and her colleagues to contact State representatives to assist in the efforts. She acknowledged the efforts of the many volunteers who put together the Fall Festival and Halloween Parade, as well as the Community Services Department for their assistance with those events, the Loara Band Review and Tournament, football games, and Dia de Los Muertos. She believed that Anaheim has the best City staff, committed to the community. Council Member Moreno recognized and acknowledged the District 3 appointees to City boards and commissions and thanked them for their time and service. Council Member Valencia commended staff and the school districts for the Dia de Los Muertos event, particularly Joe Perez as emcee. He noted his participation at the Little Arabia celebration and the Fall Festival and Halloween Parade and looked forward to future events. Council Member Faessel reported his team's attendance at the opening of the Studio 6 / North Harbor interim housing facility; he was sorry to miss it as he was on a Metropolitan Water District tour. He reported his attendance at the Little Arabia celebration last Friday and thanked Public Utilities for a tour and overview of Anaheim Public Utilities sites with a local high school student and her family. City Council Minutes of November 1, 2022 Page 5 of 37 Mayor Pro Tern O'Neil confirmed that there are already residents at Studio 6 with more moving in, acknowledged Council Member Moreno's recognition of the commissioners and suggested a citywide commissioner recognition event, and urged staff to push the railroads and Caltrans to allow City enforcement of the Anaheim Municipal Code on their properties to address the ongoing challenge with homelessness. CITY MANAGER'S UPDATE: City Manager Jim Vanderpool invited residents to the Veterans Day ceremony on Friday, November 111n at 11:00 A.M. at the Anaheim Veterans Memorial Monument near the Muzeo to honor local veterans and hear from guest speakers and the Esperanza High School Choir. He also announced the upcoming 16th Annual Anaheim Health Fair on Saturday and Sunday, November 12-13, 8:00 A.M. — 2:00 P.M., at the Anaheim Convention Center where free health services would be provided to the community, with everyone welcome to attend. He announced that registration was available at www.anaheim.net/healthfair. On behalf of the Community Services Department, Mr. Vanderpool announced that the Central and Ponderosa Joint -Use Libraries would be open on Saturdays, 10:00 A.M. — 5:00 P.M., starting on November 51n. He congratulated the Anaheim Police Department's Cops 4 Kids program for holding a successful 5th Annual Anaheim Confidential fundraiser and thanked all who donated to and supported the event. He reported there has been a surge in hiring at the Police Department, with 31 new hires currently going through training, with up to 50 training officers trained to help with the new hires, with Chief Cisneros to provide an update at the next meeting on November 15tn In response to Council Member Moreno's inquiry, Mr. Vanderpool confirmed that staff had connected with Disney Public Relations that would contact Sycamore Junior High School directly regarding their band's performance at Disneyland. At 6:36 P.M., Mayor Pro Tern O'Neil recessed the Anaheim City Council, Anaheim Housing and Public Improvements Authority, and the Anaheim Housing Authority, reconvening the City Council at 6:37 P.M. CONSENT CALENDAR: At 6:37 P.M., the Consent Calendar was considered with Council Member Moreno pulling Item No 08 for separate discussion and consideration. MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and adopt the balance of 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 Ma'ae. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. 4GR-3750.A 7. Determine, on the basis of the evidence submitted by PT Metro, LLC that the property owner has complied in good faith with the terms and conditions of Amended and Restated Development Agreement No. 2005-00008 for the 2022 review period for the A - Town mixed -use project located in the Platinum Triangle (1404 East Katella Avenue). City Council Minutes of November 1, 2022 Page 6 of 37 AGR-13819 9• Waive Council Policy 4.0 and approve an agreement with West, a Thomson Reuters Business, in an amount not to exceed $175,000, for continued receipt of online legal research services and legal publications for the City Attorney's Office, for a three year term; and authorize the City Manager to execute, implement, and administer the agreement. D154.1 10. RESOLUTION NO. 2022-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees represented by the Anaheim Municipal Employees Association, Police Cadet Unit; and superseding Resolution No. 2021-077 (effective June 25, 2022 through June 20, 2024). R100 11. RESOLUTION NO. 2022-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the dates and times of regular meetings of the Anaheim City Council for the 2023 calendar year. M142 12. ORDINANCE NO. 6544 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 1.04.955 (Anaheim Sister City Commission) of the Anaheim Municipal Code to modify the method of appointment of Sister City Commission members and to make other related organizational changes (introduced at the City Council meeting of October 25, 2022, Item No. 22). END OF CONSENT CALENDAR: AGR-13818 8. Approve a Professional Services Agreement with B&J HBK, Inc. dba Brandow & Johnston, in a lump sum fee of $124,000, to provide professional structural engineering services for a full property condition assessment report and structural engineering evaluation report of the Anaheim Convention Center's Car Park 2 parking garage (Hilton Anaheim Hotel Parking Garage); and authorize the Executive Director of the Convention, Sports & Entertainment Department to execute the agreement and related documents and to take the necessary actions to implement and administer the agreement. Convention, Sports, and Entertainment Executive Director Tom Morton advised the item is a Professional Services Agreement (PSA) between the City and Brandow & Johnston (B&J HBK) to provide professional structural engineering services for a full property condition assessment report and structural engineering evaluation report of the Anaheim Convention Center's Car Park 2, also known as the Hilton Anaheim Hotel Parking Garage (Car Park 2), for a lump sum fee of $124,000. DISCUSSION: Council Member Moreno inquired about the purpose of the report and what it would be used for moving forward. Mr. Morton explained the garage has had structural issues dating back to its original build and requires analysis to be conducted on an annual basis. Council Member Moreno inquired if any previous reports cited any structural issues. Mr. Morton reported there have been reports that have recommended filling cracks and cracking along with continued monitoring of the post -tension system. He advised the issues detected City Council Minutes of November 1, 2022 Page 7 of 37 could potentially lead to structural issues so this would be considered preventative maintenance. MOTION: Council Member Moreno moved to approve a Professional Services Agreement with B&J HBK, Inc. dba Brandow & Johnston, in a lump sum fee of $124,000, to provide professional structural engineering services for a full property condition assessment report and structural engineering evaluation report of the Anaheim Convention Center's Car Park 2 parking garage (Hilton Anaheim Hotel Parking Garage); and authorize the Executive Director of the Convention, Sports & Entertainment Department to execute the agreement and related documents and to take the necessary actions to implement and administer the agreement, 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. D128 13. Receive a report on the fiscal impact of the Anaheim Resort (informational item). Assistant City Manager Greg Garcia reported that at the City Council meeting of October 4, 2022, Council Member Diaz requested an informational item detailing the annual difference an Anaheim resident would have to pay for public services in the absence of tourism. Mr. Garcia reported that on average Anaheim welcomes more than 25,000,000 visitors each year who contribute to the economy. He advised that the Anaheim Resort generates a net surplus of $108,300,000, which represents 27% of the City's General Fund ongoing expenditure budget and is available to provide core services like Police, Fire, and Community Services in all areas of the City. He noted that could pay for 106 police officers, five (5) Anaheim Fire & Rescue companies, 100% staffing for parks, libraries, and community centers, Planning staff, Code Enforcement, and graffiti removal. Mr. Garcia explained that without tourism in the Anaheim Resort, citizens and businesses would have to pay nearly 30% more in taxes and fees to maintain the same level of service the City currently provides, which would equate to $1,044 per household annually. DISCUSSION: Council Member Diaz reported that he was on vacation in Jacksonville, Florida, and stumbled upon data on how much more residents would have to pay if they did not have the tourist industry. He advised that he has always pushed for the diversification of the City's economy but it does not take away the importance of the Resort district on the City's economy. He noted there needs to be an incentive from the City to invest in Knott Avenue as well. Council Member Diaz inquired if the net surplus of $108,00,000 is after the bond payments. Council Member Moreno inquired about what modeling was used to determine what residents would need to pay if the City did not have a resort. He noted that the City may not have grown as large as it is if there was not a resort. Mr. Garcia explained that that level of modeling was not conducted and noted this was taken from the analysis that is done annually in the budget and extrapolated to provide an answer to the specific question from Council Member Diaz. He is unsure if that type of modeling has ever been done. Council Member Moreno noted the City could use the last year as a model and noted the City Council had to borrow $140,000,000. He advised it is important for the public to know this was City Council Minutes of November 1, 2022 Page 8 of 37 not a sophisticated mathematical, statistical, or economic modeling of what it would truly be without the resort. He commented that public funds and a portion of Transient Occupancy Tax (TOT) are used to repay the bonds even though the City does receive a surplus. He explained that the $500,000,000 in bonds is $1.2 billion. He noted that while Disneyland has invested in the City, the City has also invested in the resort and has a right to these revenues. Council Member Moreno inquired about the cost of being a tourist -based City. He advised the City is just being able to open a few libraries on Saturday and the City has to rely on Kaboom! to redo some of the City's playgrounds. He announced the City has 5,500 homeless children in its schools with many in unstable housing environments. He noted 84% of Anaheim's school children are on free or reduced lunch, which has increased over the last 20 years. He advised there is a tremendous cost on the City's housing because the tourism industry seems to pay less than living wages. He noted there are overcrowded housing conditions and there is a need for the City to invest in affordable housing through taxpayer dollars. He advised there are thousands of residents on a waiting list for vouchers because there is not enough housing for resort workers. Council Member Moreno inquired if there was any thought by staff to provide a balanced analysis of the costs in a tourist -based economy where the wages do not keep up with inflation and the housing does not keep up with the level of wages. He noted if the staff has not given it thought, he would encourage staff to consider it. Mr. Garcia advised no analysis of that nature has been conducted and staff has not been given direction to do so previously. He noted it would require extensive study and in-depth analysis over time. Council Member Moreno commented that many people proclaim the resort area as the City's economic engine and while it brings good it also brings struggles. He encouraged staff not to wait for City Council direction and to conduct analysis to help inform City Council. He echoed Council Member Diaz's efforts to diversify the City's economy and noted that economic development in cultural spaces such as Little Arabia and the Packing House is much better than large subsidies. Mayor Pro Tern O'Neil inquired about what the measurement period used was for the $108,000,000 net, given the City is just emerging from the pandemic shutdown of the resort. Budget Supervisor D'Anne Lee explained the $108,000,000 net is based on the adopted budget numbers using historical figures or the last complete years for the measurement of the percentage of TOT generated in the resort. Mayor Pro Tem O'Neil inquired if the Lease Payment Measurement Revenues (LPMR) payments have been paid with the incremental tax revenue received as a result of the improvements of the Disney properties that were set at that base level in 1996. Ms. Lee confirmed it is based on incremental revenues. Mayor Pro Tern O'Neil inquired how long it has been since the City issued the bonds. City Council Minutes of November 1, 2022 Page 9 of 37 Ms. Lee reported they were issued in 1997 based on 1995 base revenues and noted payoff is required in 2037. She noted they are projected to be paid off early but did not have the date readily available. Mayor Pro Tem O'Neil equated the payments to a mortgage where a borrower pays more than they borrow. He inquired how much more revenue the City is anticipating would go into the General Fund when payments are no longer being made. Ms. Lee advised the projected payments for FY 2022/23 are $84,000,000 based on taxes collected. She confirmed the City would collect those taxes but they would go to the General Fund as opposed to debt service. Mayor Pro Tem O'Neil inquired when the bonds would be paid off. Ms. Lee advised they are required to be paid off by 2037 but they are anticipated to be paid off early although she advised she did not have the date readily available. Mr. Garcia reported that pre -pandemic the bonds were anticipated to be paid between 2028 and 2029 and advised that new analysis has not been conducted. Mayor Pro Tem O'Neil inquired if the 30% would be comprised of sales and property tax. Ms. Lee explained the City would have to generate 30% more revenue. Mayor Pro Tem O'Neil inquired about how much of an increase in sales tax it would take to generate $108,000,000. Mr. Garcia reported current sales tax revenue is $103,000,000 so it would need to double and would equate to a 1 % sales tax increase. Council Member Diaz commented that his goal was to take what was already in the budget and make it easy for residents to understand. He inquired if the slide deck could be posted to the City's website so residents could review it. Mr. Garcia confirmed the slide deck could be posted to the City's website. Council Member Diaz noted the resort district has a direct financial impact on the City and Orange County overall in the billions of dollars. Council Member Moreno highly recommended the slide deck not be placed on the City's website because he believed it is misleading. He cautioned against pushing the narrative without analysis. He recommended that staff conduct more analysis of what economists might use to determine the true impact of tourism. He noted the current analysis may not be reflective of what is truly happening in the City and may not be responsible. Mayor Pro Tem O'Neil noted that the presentation portion is already on the City's website as part of the adopted budget. Council Member Moreno called for a point of clarification and inquired if it is on the website framed as presented or framed as 27% of the City's budget is ultimately funded by the revenue. City Council Minutes of November 1, 2022 Page 10 of 37 Mr. Garcia noted that the only new piece of information is the impact per household, which is not currently in the budget on the City's website. Council Member Moreno inquired if there is anything in the adopted budget that speaks about what would happen if there was no resort industry or tourism. Mr. Garcia clarified that the adopted budget highlights all the revenues and expenses associated with the resort and results in $108,000,000. Council Member Moreno recommended not adding any "what if' scenarios to what is already on the City's website for the adopted budget. He noted that if City Council wants a deeper analysis, it should appropriate funding for it. Informational item; no action taken. D112 14. Receive a report on the legality of negotiating collective bargaining agreements in public (informational item). City Attorney Robert Fabela reported that Council Member Moreno agendized the item at the last City Council meeting to discuss if the City is legally able to negotiate the Anaheim Police Association and the Anaheim Fire Association collective bargaining agreements in public. He noted Council Member Moreno referenced a similar discussion occurring in the City of Santa Ana. Mr. Fabela reported that City Council is not obligated to provide direction to its labor negotiators in closed sessions and may do so instead in open sessions. He noted that the policy for having those discussions in closed sessions is sound. He advised it allows City Council to speak freely about its negotiating options without disclosing to the public or the bargaining units key strategies that City Council is considering. He noted that public negotiations between a labor organization and the City could take place without violating the law. He explained that requiring all negotiations to take place in public would likely be considered an unfair labor practice and should not be considered a viable option. Lastly, he reported the Brown Act allows the City Council to convene a closed session simultaneous with collective bargaining sessions to guard against unauthorized leaks. He noted he is unaware of this ever being done. DISCUSSION: Council Member Moreno thanked Mr. Fabela for bringing this item back to City Council for discussion quickly. He advised he asked for the item because the City of Santa Ana is also discussing the same topic. He explained the discussion came from allegations that information being shared in closed session during negotiations was being shared with the leadership of the actual associations with which the city was negotiating, which means at that point the City of Santa Ana was negotiating against itself. Council Member Moreno inquired if Mr. Fabela was able to learn anything more from the discussion in Santa Ana. He noted that during his six years on the City Council he has seen discussion topics get back to negotiators from closed sessions although he advised he did not have any hard evidence. He expressed concern that Police and Fire associations have supported political campaigns to elect City Council Members of preference, yet they are allowed to go into closed session and negotiate salaries and benefits for those same entities. He commented that it was interesting to see how campaign donations from Police and Fire associations aligned well with the resort and hotel industry and the Chamber of Commerce in City Council Minutes of November 1, 2022 Page 11 of 37 terms of candidates. He noted it is maybe important for City Council to consider moving some negotiations to a public space, so residents know that City Council is advocating and negotiating for the residents and the City's budget. Council Member Moreno noted his understanding is that the City has the legal ability to negotiate in public but would need to have an agreement with the associations to negotiate in public. He further explained his understanding was that City Council could not engage in a public conversation about contracts if there is no agreement. Mr. Fabela explained that staff looked at the closed session discussion to direct or provide guidance to the bargaining negotiators. He explained that could appropriately happen in an open session at the City Council's will. He advised the reason the Brown Act provides options is that some topics are better discussed in closed sessions. Mr. Fabela explained that City Council would be unable to unilaterally impose that negotiations with bargaining units take place in open session as it would be deemed an unfair labor practice and would have to be negotiated between the bargaining unit and the City. He clarified if the bargaining unit agrees to it, then it could be negotiated in an open session. Council Member Moreno thanked Mr. Fabela for the clarification and noted he was getting lost in the word negotiation. He requested clarification that City Council could unilaterally choose to provide direction in public for negotiations and publicly discuss the priority for City Council for those negotiations. He believed that staff would then go into private confidential negotiations and hammer out a deal based on the direction given by City Council in public. Mr. Fabela confirmed that is a viable option and is not prohibited by the law, but noted that Council Member Moreno expressed concern about potential leaks. Council Member Moreno confirmed he was concerned about unauthorized leaks and the undue influence of money in the City's politics. He noted it behooves City Council to assure that the public can trust the direction it is giving. Informational item; no action taken. PUBLIC HEARINGS: AGR-13820 15. Public Hearing to consider approving a Purchase and Sale Agreement with Powerline Properties, LLC, in the amount of $4,975,219, for the City -owned property located at 1314 and 1370 S. Sanderson Avenue, APN(s) 253-631-27 and 253-631-28, pursuant to a purchase option for fair market value in an existing lease agreement to create an economic opportunity through the provision of parking to support the adjacent Honda Center and ocV!BE mixed -use development, and authorize the Director of Economic Development to finalize, execute, and implement such Purchase and Sale Agreement. RESOLUTION NO. 2022-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Purchase and Sale Agreement with Powerline Properties, LLC; authorizing the Director of Economic Development to finalize such Purchase and Sale Agreement; authorizing the Director of Economic Development to implement such Purchase and Sale Agreement; determining that no further City Council Minutes of November 1, 2022 Page 12 of 37 environmental review is required; and making certain other findings in connection therewith. Economic Development Director Sergio Ramirez reported the item is a purchase and sale agreement for the property at 1314 and 1370 South Sanderson Avenue. He advised that City Council approved a lease agreement with an option to purchase 6.5 acres of city -owned property to Powerline Properties LLC. He advised the property was previously improved and operated as an equestrian center named Rancho Del Rio Stables. Mr. Ramirez advised the property is encumbered by overhead power lines and other restrictive covenants that limit development and only one acre of the site can be developed. He noted the property ceased to operate as an equestrian center earlier this year. He noted the lease includes an option to purchase the site at fair market value and announced Powerline Properties has exercised their purchase option. Mr. Ramirez reported City staff has commissioned an independent appraisal of the property which established a fair market purchase price of approximately $4,975,000. He noted the fair market value includes a deduction of $319,192 for an irrevocable easement that will be reserved by the City which will be a 15' bike path as part of a regional Bicycle Master Plan. Mr. Ramirez reported Powerline Properties, LLC, an affiliate of Anaheim Arena Management LLC, recently obtained City approvals for the ocV!BE Project. He explained that the property will be improved as a parking lot for ocV!BE employees. DISCUSSION: Council Member Diaz inquired if the property is being sold at fair market value. Mr. Ramirez confirmed it is being sold at fair market value and a Member of the Appraisal Institute (MAI) appraisal was conducted. Council Member Diaz inquired if the City was keeping a portion for an easement. Mr. Ramirez confirmed the City is keeping a 15' wide easement for the bike path and that price would be deducted from the purchase price. He noted the City would receive $4,975,000 for the sale of the property. Council Member Diaz noted he understands there are many power lines over the property. Mr. Ramirez confirmed there are high-tension lines that run across the property so only a fraction of the property could be used but could not support any buildings. Council Member Moreno inquired if the Surplus Land Act applies to this property. Mr. Ramirez explained the Surplus Land Act does not apply because there is an existing purchase and sale agreement with an option to purchase. Assistant City Attorney Leonie Mulvihill explained there is a pre-existing lease and included in that lease was an option of purchase that was approved by the City Council in June 2019, so the relatively new provisions of the Surplus Land Act do not apply to this transaction. She noted the site is severely compromised due to the electrical lines and cannot support residential housing. City Council Minutes of November 1, 2022 Page 13 of 37 Council Member Moreno inquired if a park could be placed on the site. Mr. Ramirez advised it could be explored for use as a park but a study would need to be conducted. Council Member Moreno commented that while it could become an amenity for residents it may not be the healthiest amenity given the location of the power lines. Council Member Moreno inquired why the property was not put out for bid. Ms. Mulvihill explained this is one parcel of three or four which was part of a much larger transaction involving the sale to the Phoenix Club. She noted the property is next to the railroad tracks and is burdened by the power lines and other restrictive covenants that preclude the development of that parcel. She advised„ for those reasons the City entered into a long-term lease with the former operator of the equestrian center. Mayor Pro Tern O'Neil opened the public hearing. City Clerk Theresa Bass announced that no electronically submitted public comments were received related to Public Hearing Item No. 15. Noting no in -person speakers, Mayor Pro Tern O'Neil closed the public hearing. Council Member Moreno inquired where the proceeds from the sale of the property would be located, to which Mr. Ramirez reported the funds would be placed in the General Fund. MOTION: Council Member Ma'ae moved to approve RESOLUTION NO. 2022-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Purchase and Sale Agreement with Powerline Properties, LLC; authorizing the Director of Economic Development to finalize such Purchase and Sale Agreement; authorizing the Director of Economic Development to implement such Purchase and Sale Agreement; determining that no further environmental review is required; and making certain other findings in connection therewith, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. 16. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION C410 MITIGATION MONITORING PLAN NO. 384 AGR-13821 DEVELOPMENT APPLICATION NO. 2021-00123 OWNER: City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA 92805 APPLICANT: Rob Mitchell, Greenlaw Partners, 18301 Von Karman, Suite 250, Irvine, CA 92612 AGENT: Dane McDougall, C&V Consulting, 9830 Irvine Center Drive, Irvine, CA 92618 LOCATION: This approximately 8.3-acre (8.8 gross acres) property is located at 1200 — 1320 S. Anaheim Boulevard, 200 E. Ball Road, and 1207 S. Claudina Street, generally on the southeast corner of Anaheim Boulevard and Ball Road. REQUEST: The applicant requests approval to construct a total of 223 residential units (187 townhomes and 36 flats) ranging from three to four stories, with 4,586 square feet of commercial space, with 10% of the units affordable to moderate income buyers, with an affordable housing development incentive. A General Plan Amendment, City Council Minutes of November 1, 2022 Page 14 of 37 Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map are being requested. ENVIRONMENTAL DETERMINATION: The City Council will consider whether the Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring Plan No. 384 prepared for the Anaheim Ball Mixed Use Project (Proposed Project) are the appropriate environmental documentation for this request under the California Environmental Quality Act. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval of a General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit and Tentative Tract Map, including an executed housing incentives memorandum of understanding revising the percentage of affordable housing units from 15% to 10% as provided at the Planning Commission meeting. VOTE: 6-1 (Chairperson Vadodaria and Commissioners Kring, Mouawad, Perez, Walker and Meeks voted yes; Commissioner White voted no) (Planning Commission meeting of October 10, 2022) RESOLUTION NO. 2022-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 384 for DEV2021-00123 (1200 — 1320 South Anaheim Boulevard, 200 E. Ball Road, and 1207 S. Claudina Street). RESOLUTION NO. 2022-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (General Plan Amendment) (DEV2021-00123) (1200 — 1320 South Anaheim Boulevard, 200 E. Ball Road, and 1207 S. Claudina Street) [amending land use designation from General Commercial to Mixed -Use Mid Density Residential]. RESOLUTION NO. 2022-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting proposed Conditional Use Permit (DEV2021-00123) (1200-1320 South Anaheim Boulevard, 200 East Ball Road, and 1207 South Claudina Street). RESOLUTION NO. 2022-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting proposed Minor Conditional Use Permit (DEV2021-00123) (1200-1320 South Anaheim Boulevard, 200 East Ball Road, and 1207 South Claudina Street). RESOLUTION NO. 2022-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 19140 (DEV2021-00123) (1200- 1320 South Anaheim Boulevard, 200 East Ball Road, and 1207 South Claudina Street). RESOLUTION NO. 2022-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Disposition and Development Agreement with Greenlaw Development, LLC; authorizing the Director of Economic Development to finalize such Disposition and Development Agreement; authorizing the Director of Economic Development to implement such Disposition and Development Agreement; determining that no further environmental review is required; and making certain other findings in connection therewith. City Council Minutes of November 1, 2022 Page 15 of 37 ORDINANCE NO. 6545 (INTRODUCTION)AN ORDINANCE OF THE CITY OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to Zoning (DEV2021-00123) (1200-1320 South Anaheim Boulevard, 200 East Ball Road, and 1207 South Claudina Street) [Reclassification to establish the Mixed -Use (MU) Overlay Zone on the property]. Planning and Building Director Ted White reported the item is a request for a General Plan Amendment, Zoning Reclassification, Conditional Use Permit (CUP), Minor Conditional Use Permit (MCUP), Tentative Tract Map, and a Disposition and Development Agreement to construct a 223-unit mixed -use project with 4,586 square feet of commercial space. He advised the Planning Commission recommended approval of the project at its October 10, 2022 meeting. Mr. White reported the property is 8.8 acres and is located at the southeast corner of Anaheim Boulevard and Ball Road. He explained that the property has various existing land uses including temporary Anaheim Transportation Network (ATN) storage and fleet services uses. He advised surrounding uses include multi -family residential and commercial uses to the west of the property, commercial and industrial to the north and east, and industrial uses to the south. Mr. White reported the applicant proposes a mixed -use development including 223 units and nearly 5,000 square feet of commercial space and presented renderings of the layout. He noted two (2) units at the corner of Ball Road and Anaheim Boulevard are also live -work units with commercial storefront designs. He reported the project would be accessed by driveways from each of the three (3) public streets that it fronts and would include 385 garage parking spaces and 32 surface parking spaces for residential guests. He noted there would be 20 surface spaces designated for retail users. Mr. White reported the project site is designated by the General Plan for Commercial General land uses and the zoning is General Commercial as well. He advised that the applicant requests a General Plan Amendment to Mixed Use Mid Density Residential and a reclassification to establish the Mixed -Use Overlay Zone. He noted the permitted density range for the proposed Mixed Use Mid Density is up to 27 units per acre and the proposed project would have a density of 26.9 units per acre. Mr. White reported a Tentative Tract Map is also proposed to create a one -lot condominium subdivision. He advised a CUP is required for the construction of single-family attached units and mixed -use development in the Mixed Use Overlay Zone. He noted the overlay zone includes standards that promote enhanced design features that are compatible with nearby residential and non-residential uses. He advised that the proposed project meets or exceeds all required development standards in the overlay zone. Mr. White reported the applicant proposes to designate 10% of the total number of residential units for moderate -income households through a housing incentives agreement memorializing this obligation as a Condition of Approval. He explained the inclusion of the moderate -income units allows the project to utilize housing incentives to reduce the number of parking spaces in the project. Mr. White reported the applicant is also requesting an MCUP that will allow for the coordinated sign program and the installation of murals throughout the site. He advised sign locations for the tenant spaces would be over the main entrances of each tenant space facing Ball Road and City Council Minutes of November 1, 2022 Page 16 of 37 murals would be on the block walls at the Claudina Street driveway entrance. He reported an architectural mural on the corner buildings near the corner of Ball Road and Anaheim Boulevard is also proposed. He noted the final design and color choices for the murals and monuments would be submitted for review and approval by the Planning and Building Department as a Condition of Approval. Economic Development Director Sergio Ramirez reported the property at Anaheim Boulevard and Ball Road was a key site for the former Anaheim Redevelopment Agency, which sought to revitalize this key corner of the City that was severely blighted. He advised that between 2001 and 2008 the Agency acquired six (6) parcels. He noted that unfortunately due to the dissolution of Anaheim Redevelopment Agency in 2012, the effort to continue property assembly ceased. He noted the remaining property is identified as Site Number 4 in the Successor Agency's Long -Range Property Management Plan and identified as a future development site. He noted the site was not identified as an affordable housing site and for that reason was not transferred to the Housing Authority. He explained the objective of the site was its redevelopment to maximize property tax, sales tax, and transient occupancy tax (TOT) to the City. Mr. Ramirez reported the site is known to have environmental contamination issues that need to be remediated due to past uses on the site. He advised the Successor Agency entertained various proposed developments for the site but for various reasons never moved forward. He reported that City Council approved an Exclusive Negotiation Agreement (ENA) with Greenlaw Partners for the development of a mixed -use development project in 2019. He advised Greenlaw Partners secured a purchase option for property from the Anaheim Transportation Network (ATN) to the south of the property site of approximately 1.8 acres and was included as part of the plans for an expanded site that would provide for a 180-key hotel, 6,000 square feet of retail, and 160 for -sale townhomes with 15% affordable at moderate levels. Mr. Ramirez reported that City Council approved an Amended and Restated ENA in 2020 as staff and the applicant continued negotiations and the applicant worked on project details. He advised that City Council approved an additional 12 months in December 2021 under a Second Amended and Restated ENA due to the delays caused by the pandemic. Mr. Ramirez reported in March 2022, the applicant informed City staff that project economics had changed, and a hospitality component of the project was no longer feasible. He advised that City staff received notification from ATN in June 2022 that negotiations between them and the applicant had terminated and the 1.8-acre property to the south would not be part of the expanded site. He reported the applicant notified City staff of its intent to proceed with a more intense mixed -use development exclusively on the Agency site comprised primarily of residential uses and retail components. Mr. Ramirez presented images of the site as it exists today along with renderings showing how the developed site would look. He advised the goal of the former Redevelopment Agency was to expand art throughout the City's commercial corridors. He explained the proposed project incorporates an extensive art program, including murals, graphics, public art elements, and monuments throughout the site. He reported the City engaged the architecture firm, Studio One Eleven, to conduct a third -party review and critique of the proposed designs by the applicant, which elevated the final designs. City Council Minutes of November 1, 2022 Page 17 of 37 Mr. Ramirez reported the developer has provided three times the open space required under the Municipal Code. He advised each building unit would feature rooftop decks or balconies. He noted there would be a resident pool, dog park area, community spaces, and open areas. He advised the proposed development would not be a gated community. He noted the mortar courts in the proposed project would have hardscape improvements that would feature four- square, pickleball, and hopscotch to foster a sense of community. Mr. Ramirez reported staff had the help of outside legal counsel David Mann of the law firm Leibold, McClendon & Mann who helped negotiate the Disposition and Development Agreement (DDA). He advised that the key feature of the DDA is the Agency's objective to redevelop the property and obtain the highest return available for the sale of the property without any subsidy. He reported highlights of the DDA include the sale price at $24,425,000 as is. He noted there are known environmental contaminants which will be the applicant's responsibility to remediate at the projected cost of $3,00,000. He advised the Close of Escrow would take place on or before December 30, 2022. He noted if the project does not close escrow, the property would be subject to the Surplus Land Act. He advised escrow costs would be split 50/50 by the parties consistent with other City transactions. Mr. Ramirez reported project completion would be 36 months from the Close of Escrow with a built-in 12-month extension period if 75% of the projects were completed by month 36. He noted one key piece to the DDA is the License Agreement with ATN for temporary use of the property. He reported the applicant has agreed to a relocation plan for ATN that has been incorporated into the DDA. He advised the relocation plan will ensure ATN can relocate to its ultimate location with minimal inconvenience. He noted the relocation plan is a closing condition to the DDA. He advised that all parties continue to work to finalize that plan and, if necessary, an amended License Agreement that reflects the relocation plan timeline will be brought to City Council on November 15, 2022. Mr. Ramirez thanked Senior Project Manager Kevin Clausen-Quiroz and Associate Planner Ivan Orozco along with other key City staff who worked on various aspects of the project to bring to fruition the vision of the Redevelopment Plan. Mr. White reported an Initial Study in support of the Mitigated Negative Declaration (MND) was prepared to evaluate the environmental impacts of the proposed project and to identify necessary mitigation. He advised by state law the Initial Study was circulated to public agencies and interested parties. He reported the City received four (4) comment letters and noted the comments received did not require recirculation of the document. He advised staff prepared a response, which is also part of the record and part of this report. Mr. White reported staff has considered the proposed project and believes that it is designed in a manner that would provide a quality living environment for future residents and is compatible with the surrounding land uses. He noted the proposed project meets the goals of the General Plan to continue to provide a variety of quality housing opportunities to address the City's diverse housing needs. Lastly, he advised staff recommends approval of the project. DISCUSSION: Council Member Faessel inquired if a hammerhead would be placed at the dead end of the roadway that bisects the property coming in off of Ball Road. Mr. White reported that would be potential for future emergency access, however, it is a hammerhead turnaround. City Council Minutes of November 1, 2022 Page 18 of 37 Council Member Moreno inquired about the affordable housing component of this proposed development. Mr. Ramirez reported the plan calls for 10% affordable that the applicant would need to provide to obtain the density bonus requirement for flexibility of zoning standards and parking. He noted 22 units would be affordable at moderate -income levels. Council Member Moreno noted the plan initially called for 15% affordable and was dropped to 10% by the Planning Commission and inquired about the reason for the decrease. Mr. Ramirez explained it had to do with the change of the project economics and would be addressed by the applicant. Council Member Moreno inquired if all the units were for -sale properties. Mr. Ramirez confirmed 100% of the units are for -sale properties with 10% affordable housing. Council Member Moreno inquired how the 10% affordability is being achieved. Mr. Ramirez advised the developer would provide those affordability levels and is currently in discussions with Housing and Community Development Director Grace Stepter for down payment assistance programs for buyers. He noted that assistance goes directly to the homebuyers and does not go through the developer. Council Member Moreno inquired about the incentive the developer receives by providing 10% affordability. Mr. White explained the incentive is that the developer is utilizing the state density bonus default provisions for the required number of parking spaces based on the affordable levels that they are providing in the project. Council Member Moreno inquired why the City has to come up with a down payment assistance program if the project includes 10% affordable housing units. Mr. White explained the intent of the state law that allows for a reduction in parking assumes that there is a significant cost associated with providing the parking both in the production and actual construction of parking spaces as well as the assumption that those parking spaces, if not used for parking, could be used for additional density or more creative designs. Council Member Moreno inquired how many parking spaces the developer is foregoing to get the state density bonus. Mr. White advised the total parking required, with the housing incentive, would be 396. He noted the developer is providing 417 parking spaces. He advised the reduction is over 100 parking spaces from what the City would have required. Council Member Moreno inquired what that would be in plot size. Mr. White advised it is difficult to equate it directly to an acreage size, as there are different methodologies for parking. City Council Minutes of November 1, 2022 Page 19 of 37 Council Member Moreno noted the ENA expires on December 31, 2022. He inquired about the consequences of City Council not approving the item this evening or continuing the item. Mr. Ramirez explained the property would be subject to the Surplus Land Act. He advised staff would have to regroup and likely put out a Request for Proposal (RFP) based on the Surplus Land Act requirement. He advised the City would have to provide priority to affordable housing developers with the highest and best use value of $24,000,000. He noted if any type of affordable housing was required that would require subsidy or a reduction in that purchase price, it would be brought before City Council for consideration. He advised there would be a six-month timeline for the RFP to be put out and six months to one year to negotiate with that party. He noted there would be another year on top of that to work on the applicant's entitlements. Council Member Moreno inquired if all eight (8) acres are subject to the Surplus Land Act. Mr. Ramirez confirmed that all eight (8) acres are subject to the Surplus Land Act. City Attorney Robert Fabela explained that the Surplus Land Act existed before the newest version of the Surplus Land Act. He explained the newest version states that if there is an existing ENA struck before September 30, 2019, and the deal is closed before December 31, 2022, it is not subject to the newest provisions of the Surplus Land Act. Council Member Moreno commented that if the City does not sell the property before December 31, 2022, it could go out to bid to affordable housing developers to develop the property. He inquired if the applicant would also be able to bid. Mr. Ramirez confirmed that the current applicant could also participate in the RFP. Council Member Valencia inquired about the changes the project has undergone since it was introduced and through its current state. Mr. Ramirez reported in 2019 when the property was tied up in the ENA, the concept plan that was brought forth was the 8.8 acres of the Agency site plus the 1.8 acres to the south. He advised that the project was proposed with a 180-room key hotel, 160 townhome units, and 6,000 square feet of retail. Council Member Valencia inquired what the enticing component of that project was in addition to needed housing. Mr. Ramirez noted the hospitality component was a key piece because of TOT and the mixture of residential and retail. He advised it was an all -encompassing well- rounded project. Council Member Valencia inquired if staff could quantify the economic value added to this property with the rezoning. Mr. Ramirez agreed that there is quite a bit of value in rezoning the property but noted that staff does not have that analysis at hand. He noted that based on what is being proposed, this is a $170,000,000 project. Council Member Valencia requested clarification if when the ENA was requested, did it include the 15% affordable housing, the hotel, the townhomes, and the commercial space. City Council Minutes of November 1, 2022 Page 20 of 37 Mr. Ramirez advised that in December 2021 when the extension was brought forward due to the pandemic delays, the project scope was that the project included the hospitality, retail, and residential components. He noted that was presented to City Council. He advised that in March 2022, staff was notified by the applicant that the economics of the project had changed due to supply chain issues and rising costs of construction that made the project unfeasible. Council Member Valencia noted the project is being presented in a completely different fashion from what was originally presented. He inquired if there are any other community benefits included. Mr. Ramirez advised community benefits include a public art component, extensive landscaping, the requirement that the development is of a higher caliber than most typical projects. He advised the project was appraised at $14,000,000 when it was more of a residential project in December 2020. He advised the current market conditions also increased the sales price to the current appraised value of $24,000,000, which is also a great opportunity for the City. Council Member Valencia inquired if the $24,000,000 would be going directly to the City. Mr. Ramirez explained that because this is a Successor Agency property, due to redevelopment law, $8,600,000 is due to the county and affected taxing entities. He advised there is a note to the Housing Authority that would also need to be paid off with the proceeds. He also explained that in 2019, City Council approved the purchase of an adjacent property for which the Successor Agency did not have the funding. He advised the Housing Authority, through the City, paid for the acquisition of the property. He explained the note contains a provision that if low and very -low affordable housing was included as part of the development, the funds could be utilized for this but if not the $7,400,000 note would need to be repaid to the Housing Authority for affordable housing development in other areas. Lastly, he advised the balance of $8,800,000 would be placed in the Long Range Property Management Fund for other economic development activities. Council Member Valencia requested additional information regarding the first-time homebuyer program. Ms. Stepter explained the Housing Authority would assist with down payments for first-time homebuyers to ensure that moderate -income buyers are successful in being able to purchase here. Council Member Valencia requested confirmation that this is not a subsidy that goes to the developer and that the City is helping with first-time homebuyer down payments. Ms. Stepter explained that the affordable units will be offered at a lower purchase price so it will be a combination of down payment assistance and the lower purchase price of the density bonus units. Council Member Faessel inquired how many tandem parking spaces would be available at the property. Mr. White reported there would be no more than 28 tandem parking spaces for a total 56 parking spaces. City Council Minutes of November 1, 2022 Page 21 of 37 Council Member Faessel expressed support for protecting ATN's interests. He noted they are not yet at the point to build out their new facility. He inquired how staff is addressing protecting ATN's interests. Mr. Ramirez noted ATN is a trusted and valued City partner. He deferred to Mr. Mann who has been working with the applicant and legal counsel for ATN to ensure the provisions of the DDA are reflected and documented in the relocation plan. He explained the DDA would be finalized before the relocation plan would be finalized. Mr. Mann reported the relocation plan is still in draft form, but the notion was that the City would add a Condition to Close that would only allow the Close of Escrow if there was an approved relocation plan in place that was satisfactory to the parties. He advised this is built into the DDA He noted the City Attorney's Office has indicated that the changes to the licensing agreement need to come back to City Council for consideration on November 15, 2022. He advised that after working with ATN's legal counsel, staff, and the developer, everyone is committed to getting a relocation plan that works for ATN. He noted he could not imagine the City closing on the property without an approved relocation plan. Council Member Faessel advised his concern is trusting that the relocation plan would be completed. He inquired when the relocation plan would be solidified. Mr. Mann reported staff plans on having the relocation plan completed by next week in order to be agendized for the next City Council meeting. He advised there is a second reading of an ordinance scheduled for this project on November 15. Council Member Faessel inquired if the City could turn around the relocation plan that quickly, to which Mr. Ramirez expressed confidence that this could be completed by the next City Council meeting. He advised that they have been working with ATN and the applicant to work out the details of the relocation plan. Council Member Faessel noted he wants to be assured that the interest of ATN is protected and advised his vote would be predicated on that assurance. Mayor Pro Tern O'Neil agreed that the City has a valued partnership with ATN and that their interests are very important to the City, businesses, residents, and resort workers as well. He inquired if the approval of the DDA is not contingent upon the approval of the relocation plan. He noted the Close of Escrow is contingent on the approved relocation plan. Mr. Ramirez confirmed closing is contingent on the approved relocation plan. Mayor Pro Tern O'Neil inquired about the consequences if City Council does not have an approved relocation plan by November 15th. He also inquired if the parties have until December 31, 2022, to approve the relocation plan per the terms of the DDA. Mr. Mann explained that there is concern about it because the relocation plan is still in draft form, and it might need to return to City Council concerning modifying the underlying license agreement. He noted that luckily, there is an upcoming ordinance second reading, which adds additional pressure on staff to reach a satisfactory relocation plan with ATN by November 15 when the second reading is on the agenda. City Council Minutes of November 1, 2022 Page 22 of 37 Mayor Pro Tern O'Neil inquired if the appraisal of $24,400,000 was appraised, assuming it was for residential use. Mr. Ramirez clarified that the appraiser used the development plan that was being proposed, which would consist of 223 units and the retail for the appraisal. He confirmed it was based on the scope of the development. Council Member Moreno commented that he has been eagerly awaiting the Anaheim Corridor Study and inquired about the status of the study. He explained that the study is an extensive analysis to understand what kind of developments residents, neighborhoods, and small businesses in the corridor would want to see. He inquired why the City is putting the cart before the horse in relation to approving an anchor development project while still waiting for the study. Mr. White confirmed the City is in the process of developing a Center City Corridor Plan (C3 Plan) that covers from the northern city limits along Harbor Boulevard and Anaheim Boulevard down to the 1-5 freeway at the southern terminus of the Center City. He explained for this area, in particular, the draft or preliminary land -use designation is for a Mixed -Use High designation that would allow for a much greater development intensity on this particular property than what is proposed. He noted it would be up to 60 dwelling units per acre. He advised the designation begins just north of Ball Road and extends down to the Southern California Edison easement along the east side of Anaheim Boulevard. He noted opportunities for development on some of the larger parcels, which is where greater densities would likely be realized in the range of 60 dwelling units per acre. Mr. White reported he does not think it is putting the cart before the horse and that this property is one of the key reasons the C3 Plan was undertaken in the first place to help facilitate development along commercial corridors, including properties that have been owned by the Successor Agency as well as the Housing Authority. He advised that the C3 Plan is intended to be reflective of those proposed developments of plans as they come in. He explained staff would make adjustments to it as the proposed development starts to mature and when actual physical plans come to light. Mr. White reported he expects to bring the C3 Plan forward in February or March of 2023. He noted for the record that this plan is part of the City's Housing Element proposal as well. He explained this project exceeds the number of units the City had submitted as part of the draft Housing Element because at the time it was submitted the project was going to be a greater mixed -use project with a lower number of residential units. Council Member Moreno inquired how much density would be allowed or encouraged under the City's current draft Housing Element. Mr. White reported that the maximum densities for the C3 Plan are up to 60 units per acre as part of a mixed -use designation. He explained it is not uncommon for staff to see numbers come in significantly lower than those maximum designations. He advised staff was originally proposing 15 units per acre and that this project would come in at just under 27 units per acre. Council Member Moreno inquired if the C3 Plan study would come to City Council for approval, which Mr. White confirmed. City Council Minutes of November 1, 2022 Page 23 of 37 Council Member Moreno explained that his comment about putting the cart before the horse refers to the City is approving projects before the C3 Plan is approved by City Council. He advised it feels difficult to approve projects before City Council approves the C3 Plan along with residents being able to review the plan. Mr. White advised it would not be atypical for incremental development to continue while there are larger planning studies underway. He noted the City would not want to stop development while longer -range plans are being made. He advised staff takes this as a point of consideration and tries to communicate amongst various teams to ensure something is not being put through that would be in conflict with a larger project. He noted staff would certainly alert City Council if that was the case. Council Member Diaz commented that his understanding is that the project has 10% affordability and that the subsidy is coming from the developer in the form of a lower asking price for that 10% subsidy. He noted the City would be providing future residents with down payment assistance and has nothing to do with the developer. Mr. Ramirez confirmed that Council Member Diaz's understanding of the process is correct. Mayor Pro Tern O'Neil inquired about what happens with the subsequent sale of the units and inquired if the equity is recovered or if the deed is restricted to ensure future affordability. Ms. Stepter confirmed the restriction is for the first buyer and there is an equity -sharing formula to ensure that any increase in value is shared between the homeowner and the City. She noted it is a benefit for the first owner and the subsequent owner does not have to be a moderate - income buyer. Mayor Pro Tern O'Neil inquired if the City would also receive a portion of its down payment assistance back upon a sale. Ms. Stepter explained the City would be repaid for the down payment assistance because it is a silent second. She further advised that when a property sells, an equity share is placed back into the down payment assistance pot so the City can be made whole and provide for future down payment assistance for affordability projects. Council Member Valencia noted that Council Member Diaz had an excellent point in clarifying when it comes to the 10% affordability that the City is providing a cash subsidy for that. He inquired what the developer is receiving instead of the 10% affordability. Mr. White explained the biggest benefit is the reduction in the number of parking spaces. He advised there is also an economic benefit to being able to more efficiently develop the land and not have to provide the construction of those parking spaces. Council Member Valencia commented that less parking would allow the developer to create more units to receive more profit. Mr. White advised that is exactly what the state density bonus law is intended to provide. City Council Minutes of November 1, 2022 Page 24 of 37 Council Member Valencia noted that the 10% affordability is not being done out of the good grace of the developer but in exchange for the benefit of the developer as well, which Mr. White confirmed. Council Member Ma'ae expressed concern regarding accommodating the relocation of ATN as it is a critical piece for resort workers and visitors and noted it is very important that there is no disruption of service. She inquired about what this development would be bringing to the City. Mr. White advised some of the enhancements included higher -quality project materials, landscapes, and finishes. He noted the project also provides for three times the amount of open space and a significant amount of public art, which is often not seen with a private transaction between two private parties. He noted there was a lot of good in the project. He advised the 58 1-bedroom units on the open market are something that is not typically seen and is another pathway towards ownership opportunities for young persons in a challenging housing market. Mr. Ramirez added that the entry-level 1 bedroom units purchase price is anticipated to be $500,000 and would provide a housing opportunity for young persons or empty nesters. Council Member Ma'ae inquired if staff sees a better project of this scale than this in the future if City Council was not to approve the project. Mr. Ramirez noted that was a tough question. He advised staff does not have a crystal ball and that there are clouds of the market changing. He noted equity has dried up in many development projects. He explained this product has Planning Commission entitlements and is ready to go. He advised the developer would be able to break ground sometime next year as opposed to another project taking several more years. He noted staff did their best job to bring an elevated project before City Council. Council Member Ma'ae noted there would be environmental costs. She inquired if the City typically pays for environmental costs. Mr. Ramirez explained that in the past the Successor Agency and Redevelopment Agency took many different approaches but in this case, it was more of a partnership. He explained the City took the approach to maximize the sale price but put the onus of cleanup on the applicant. Council Member Ma'ae inquired if there was any more room for a higher percentage of the moderately affordable units. Mr. Ramirez deferred to the applicant to answer that question. Council Member Faessel expressed appreciation for the mix of products. He inquired how many of the live -work units were available. Mr. White reported there are two (2) live -work units on the corner of Ball Road and Anaheim Boulevard that are rather large. Council Member Faessel noted that the City's live work experience has not been strong. He referenced the live -work units at Lincoln Avenue and Harbor Boulevard and noted it has never been realized effectively. City Council Minutes of November 1, 2022 Page 25 of 37 Mr. White noted that is fair and there is nothing that would prevent the City from allowing a hybrid version, which is being seen around the City in mixed -use developments. Council Member Moreno inquired if this is a highly desirable lot in the residential development world. Mr. Ramirez confirmed this is a high -profile site and is located on a corridor to the Resort Area on highly traveled Anaheim Boulevard. He anticipates seeing interest from both the affordable housing and market -rate development community. Mayor Pro Tern O'Neil inquired if there were any ex parte communications City Council needs to disclose. The entire City Council reported ex parte communications with the applicant. Mayor Pro Tern O'Neil opened the public hearing. Rob Mitchell, Greenlaw Partners, thanked staff for the hard work they have put into the project over the last four (4) years. He advised that this has been a 4-year project of developing the site. He noted they worked with staff to determine what would be the best use for the site. He advised at the time they came forward with a project that would be able to connect downtown with the resort and included a hotel. He explained the hotel would have created TOT revenue and would also connect the resort. He explained they worked the entire four years trying to attract the interest of a hotel chain interested in a hotel at the intersection of Ball Road and Anaheim Boulevard. He further explained the reason is that the average daily rates needed to make it pencil out did not work. Mr. Mitchell reported that when they could not find hotel interest, they felt the next best thing was to create a residential mass to be able to have enough activity to generate that entire site to be able to connect the downtown into the resort. He noted it does not preclude a hotel from being built in the area in the future, but it needs that critical mass to be able to attract a hotel and the viability for the area. Mr. Mitchell referenced the appraisal and the affordability component and noted Mr. Ramirez explained it well. He explained that the fair market value being paid is for the density and does not take into consideration any of the affordable housing or any of the environmental cleanup. He advised the density bonus agreement allows for less parking to build more housing, but noted they are paying for that additional housing. He explained they are paying $24,000,000 for the density and would be moving forward with the 15% affordable housing. He noted they would not be taking any discounts on the appraisal for the 15% affordable housing or the environmental cleanup. Mr. Mitchell reported they are taking the risk as a developer to purchase the property as -is and put in 15% affordability because they consider themselves a great partner with the City. He advised he still would be showing the merits of the additional amount of artwork and amenities that are being put into that community with no additional cost to the City. Mr. Mitchell reported they have been working with ATN to build their new facility, which will be right behind this project. He advised ATN uses this existing facility for their charging stations. He noted they have agreed to allow ATN to remain on the current site until their new facility is built and ready to go. He explained that to make the timelines work, everyone has to work in cooperation. He noted there would be no scenario at all where ATN would have to vacate the City Council Minutes of November 1, 2022 Page 26 of 37 site. He advised he is looking for the City's help to expedite the permits to build their new location. He explained that all that is left to be done is the paperwork to make it happen. He noted the relocation plan is 100% achievable. Mr. Mitchell explained that as a developer in Anaheim, he is tasked with the job of making everyone happy. He explained the for -sale product is what changes the community and the neighborhood. He advised they are pushing the envelope of for sale products right now at the current densities. He explained that bringing in an affordable for -sale component set at the $400,000 price range helps achieve the 15% affordability. He noted that the entire site would be for sale. He advised the other 225 units in the area would provide the critical mass that is needed to make a real change in the neighborhood. Mr. Mitchell referenced the 39 Commons project where he convinced the City that a for -sale product was needed to make the change in the neighborhood. He advised tenants are now coming into 39 Commons, such as Sprouts and Lowes, because a residential for -sale product was brought into the area. He envisions this to be the same critical mass needed for this project. He noted 15% affordability is all the project could handle. Mr. Mitchell reported he has received calls from the unions, and they are open to bidding with the unions. He wants to provide the opportunity for tradespeople to work in Anaheim. He encouraged City Council to look at the merits of the project. He believed this project would attract hotels once it is built. He believed the first gateway was the Radisson Blu hotel. He provided renderings of how the area would look when it was built out and where future hotels could be located. Mr. Mitchell reiterated this project is needed to bring critical mass to this area. He believed that pushing it off to the Surplus Land Act would create a for -rent component that would not have the same impact as the for -sale product. Mayor Pro Tern O'Neil inquired if there were any provisions available to extend the applicant's speaking time. Mr. Fabela advised that City Council could extend the applicant's speaking time without objection or by a vote of the City Council. Mayor Pro Tern O'Neil inquired if the dais had any objection to extending the applicant's speaking time by 10 minutes. Hearing no objections, the applicant was given 10 more minutes to speak. Michael Woodley, Project Architect, reported that bringing in the peer review architectural firm was a very collaborative experience and allowed it to provide a balance. He advised the project has access from both Ball Road and Anaheim Boulevard. He explained that the area that Council Member Faessel referred to as a hammerhead turnaround could be a continuous road as other projects are developed. He provided highlights of the different housing products and presented renderings to City Council. Patrick Murphy, Landscape Architect, provided a brief overview of the project's open spaces. He advised the project would offer three times the amount of open space that is required. He noted there would be dog walking spaces, tot lots, a pool, and several open space lots. He presented renderings of the entries and the open spaces. Mr. Murphy presented a rendering of the elevation view of the project including the activity courts and laser cut art. He advised the plant material would include more mature plant material that compliments the vertical character of the architecture. City Council Minutes of November 1, 2022 Page 27 of 37 Alan Toffley, Builder, Landsea Homes, expressed excitement about the project and noted he was available to answer any questions. He noted they have spent a lot of time with ATN and are confident that they can work with ATN on finalizing a relocation plan. City Clerk Theresa Bass reported two (2) electronic comments were received prior to 5:00 P.M. related to Public Hearing Item No. 16. [A final total of 2 public comments were received electronically, distributed to the City Council, and made part of the official record]. — See Appendix Mayor Pro Tern O'Neil recommended each speaker received 4.5 minutes to speak in alignment with the extra time given to the applicant. Wes Jones reported Greenlaw Partner's lobbyist was a client of Jeff Flint. He advised they are also the Chamber of Commerce and Visit Anaheim's landlord. He encouraged City Council to reference the agenda of June 7, 2022, where an attached report lists all of former Mayor Harry Sidhu's donors, including Greenlaw Partners. He noted three of their employees donated large sums of money to Mr. Sidhu's campaign. He advised the project was listed on the October 10, 2022 Planning Commission agenda at 15% affordable housing and is now being proposed at 10%. He reported the unions are protesting the project because the developer is insisting on non -union labor. He inquired if the project closes after December 31, 2022, it is to the benefit of the City. He expressed concern regarding the parking and noted the overflow would impact future residents of the area. Leonard DeLaRosa, Southwest Regional Council of Carpenters, advised he represents 5,000 men and women in the construction industry that reside in Anaheim and other regional areas. He expressed support for the project and noted they have worked with the applicant regarding their project. He noted their members are proud of their skills and look forward to working closer to home. He encouraged City Council to pass the item. Steve White, Planning Commissioner, stated that the City has failed to meet its Regional Housing Needs Assessment (RHNA) guidelines for low-income and very -low-income housing and noted the Housing Element has been rejected by the State twice. He explained the citizens own the land and that the City should be trying to meet the low-income needs of the City. He encouraged City Council to reject the project and noted that another developer would be back with a better deal. Diana Kotler, Executive Director for the Anaheim Transportation Network, thanked City staff for their endless hours working on this project. She noted ATN is the City's public transportation provider and takes that responsibility to heart. She advised the relocation plan had only started to be discussed a week ago. She expressed concern regarding the relocation plan and noted she only received it today at 4:30 P.M. She requested additional capacity to understand what the relocation plan would include and how it impacts ATN's operation. She expressed concern that she has not had an opportunity to take the plan to the Board of Directors, who are very concerned about the viability of operations. She noted they are not opposed to the project but want to ensure that the relocation plan is viable. Mayor Pro Tern O'Neil closed the public hearing. DISCUSSION: Council Member Faessel noted if the project is not approved this evening, it would be offered to affordable housing developers as mandated by the Surplus Land Act. He City Council Minutes of November 1, 2022 Page 28 of 37 inquired if it does go through that process, what is the likelihood that they would also exercise their opportunity for reducing parking and greater density. Mr. White noted he could safely say that 99.9% would exercise that right. Council Member Faessel noted that even if an affordable housing provider comes in, they would exercise their right to decrease parking and the outcome would be the same as tonight. Mr. White agreed with Council Member Faessel and noted that most affordable housing developers would leverage their right to decreased parking and it is a common practice. Mayor Pro Tem O'Neil reopened the public hearing to allow rebuttal comments by the applicant. Mr. Mitchell explained that one of the risks of allowing this project to move forward under the new provisions of the Surplus Land Act is whether the new developer would be able to perform and do what they say they can do. He advised he has built many developments for the City and stands behind what he says he will deliver to the City. He advised that another developer may not be willing to take the environmental risk and may not take on the 15% affordability. He noted there is a high -quality project in front of City Council that is ready to go that will revitalize the area within the next two (2) years. He encouraged City Council to approve the project and noted it checks every box for the City. Mayor Pro Tem O'Neil closed the public hearing. DISCUSSION: Mayor Pro Tem O'Neil expressed support for the project and noted the site needs to be developed. He noted his only concern is making sure ATN's needs are met. He advised he would like to hear Mr. Mitchell's commitment to working out a mutually agreeable relocation program with ATN. Mr. Mitchell expressed 100% commitment to working with ATN on the relocation plan. He committed to not move their operation until their new facility is built and will memorialize it in the Conditions for Approval. Council Member Valencia inquired if the project, as presented, would qualify for approval under the Surplus Land Act. Mr. Fabela advised it would be approved under the old provisions of the Surplus Land Act. He noted that under the new provisions of the Surplus Land Act, the California Department of Housing and Community Development would say the law would not be properly applied. He advised it is a process issue of notifying the affordable housing developers and negotiating with them. Council Member Valencia asked the same question to Mr. Ramirez. Mr. Ramirez advised the developer has done its due diligence over the last four (4) years, and the project would undoubtedly stand out. Council Member Valencia inquired about what the City has benefitted, in addition to what has been presented, and also inquired if the improved architecture and landscaping increase the cost of each of these units when they are being sold on the market. City Council Minutes of November 1, 2022 Page 29 of 37 Mr. White explained the City does not have any public art requirements and no projects in the Platinum Triangle have a public art component. He advised similar townhome projects do not see the same level or size of amenity spaces. He believed the quality of the architecture is a step above the private market. Mr. Ramirez noted the mature trees and also advised that mature trees are being required here and echoed the comments of Mr. White. He noted the quality of the architecture would also impact future development in the area by setting the bar. Council Member Valencia inquired that since the product is of higher quality would it also be reflected in the market rate cost. Mr. White believed there would some marginal additional expense. He deferred to the applicant as they look at their pro forma. Mr. Toffley explained that the cost component for creating the art is reflected in the existing numbers. He noted that by the time the product is ready for market, the market would dictate the price. He noted it would not be an added cost to the buyer. Council Member Valencia commented that he is happy to hear that the applicant is increasing affordability to 15%. He inquired how the decision to go from 10% to 15% was made so quickly and why was the 15% affordability not presented from the get -go. Mr. Mitchell explained they went in with 15% affordability and then they reran their numbers when the appraisal came and originally did not think it was going to work. He advised they came forward with the 10% and then afterwards determined that 15% would be better for the community and the project overall. He noted that future projects would evolve from doing the project, which was also a driver. Council Member Valencia noted that the original project with the hotel was what was originally presented to City Council and has changed significantly and does not provide the original benefits. He commented that he appreciates the 15% affordability but does not believe the moderate -income units meet the City's needs. Council Member Diaz expressed support for the project. He noted the resort area and downtown are blooming and this area needs attention. He advised it is a great project because it brings homeownership to the area and would help change the area. He believed that if the project goes out to bid, the amount of parking would decrease even more. MOTION: Council Member Diaz moved to approve Item No. 16 as presented. DISCUSSION: Mr. Fabela requested clarification from Mr. Mann to provide the modified motion as there appears to be a modification on the affordable housing. Mr. Mann clarified if there is a motion to approve the item, it also includes direction to staff to modify the resolutions and any other ancillary documents to reference the bonus density of 15%, not 10%. City Council Minutes of November 1, 2022 Page 30 of 37 MOTION: Council Member Diaz moved to approve Item No. 16 and direct staff to modify the resolutions and related documents to reflect a 15% provision of units affordable to moderate - income buyers, with an affordable housing development incentive. DISCUSSION: Council Member Ma'ae inquired if it was possible to prioritize Anaheim residents to work on the project. Council Member Ma'ae inquired if Council Member Diaz was open to a friendly amendment to prioritize Anaheim residents to work on the project. Council Member Diaz advised he could not accept the friendly amendment as it is up to the developer to hire their workforce. Mayor Pro Tern O'Neil explained that Council Member Ma'ae's request is to prioritize Anaheim residents for purchasing the affordable units. Council Member Diaz expressed support for the friendly amendment. Mr. Mann explained that the City cannot compel the private developer to sell to Anaheim residents. He advised the DDA calls for Prospective Purchasers List as part of its marketing plan and will allow staff to work with developers to identify people who are looking for housing opportunities to be in that pipeline. Mayor Pro Tern O'Neil inquired if that satisfies Council Member Ma'ae's concern. Council Member Ma'ae noted she was satisfied with that explanation and provided the second. MOTION: Council Member Diaz moved to approve Item No. 16 and direct staff to modify the resolutions and related documents to reflect a 15% provision of units affordable to moderate - income buyers, with an affordable housing development incentive, seconded by Council Member Ma'ae. DISCUSSION: Council Member Moreno inquired what the City's RHNA numbers are for the current cycle. Mr. White reported the City's RHNA numbers are 17,460 for all income levels with 8,745 being affordable. Council Member Moreno inquired how many of the 8,000 units needed in the last RHNA cycle were permitted. Mr. White advised the City exceeded that number in the previous RHNA cycle but the City was not successful in achieving its affordable numbers. Council Member Moreno inquired if that meant barely exceeded or by far exceeded the market rate housing need. Mr. White explained that the 5th Cycle was a unique time because of the substation build -out of the Platinum Triangle. Council Member Moreno believed the City far exceeded the market rate totals. City Council Minutes of November 1, 2022 Page 31 of 37 Council Member Moreno inquired which level the City is the most behind in terms of build -out Mr. White noted the deepest level of affordability, which is the very -low income, is the hardest to bring to the market. Mr. White explained the lower levels of affordability are the most difficult to produce. He agreed that City -owned land is being used for those opportunities. Council Member Moreno explained that the Surplus Land Act is required because developers will not build them. He advised the burden is placed on municipalities. He advised the benefit of for -sale products is tremendous and believed the aesthetics of the project are solid. He commented that it is pretty clear that the market will not provide affordable housing. He expressed concern that there is not enough affordability in this project. He encouraged City Council to allow it to go out to bid through the Surplus Land Act. Council Member Moreno commented that his understanding of the Surplus Land Act is that the City is not required to accept any particular proposal but is required to put it out to bid. He inquired if he was understanding the Surplus Land Act correctly. Mr. Fabela agreed but noted if certain thresholds are met by the proposer, as far as the level of affordability and the percentage, it becomes a requirement that the City deal with those proposers. Council Member Moreno expressed concern that Guinida Lane is extremely overcrowded and would like to see housing that relieves overcrowding. He believed that should be the priority for current residents. Council Member Moreno expressed concern that the original ENA included a hotel that guaranteed TOT. He inquired when the original ENA was approved. Mr. Ramirez advised the original ENA was approved on July 30, 2019. Council Member Moreno inquired when the ENA was extended. Mr. Ramirez advised it was extended on November 10, 2020, and on November 7, 2021. Council Member Moreno inquired about the benefit of the ENA and inquired if is a requirement for only negotiating with one developer. Mr. Mann explained an ENA is used when there is a unique site, a specific product is required, and there is faith in the developer to deliver. He explained it allows the City to control the narrative of the land development Council Member Moreno referenced an earlier public comment that Greenlaw Partner's lobbyist was Jeff Flint, who was named by the FBI for contributing to the corruption of the City's politics and inquired if this was true. Mr. Mitchell explained Mr. Flint was hired to help Greenlaw Partners lobby with the unions when they opposed the Radisson Blu. He advised that after that time he did not employ Mr. Flint. City Council Minutes of November 1, 2022 Page 32 of 37 Council Member Moreno noted Mr. Flint was fired when the scandal broke in May. He advised in 2021, Mr. Flint was meeting with the City Manager on Greenlaw Partners' behalf during the ENA extension period along with meeting with Mayor Sidhu. Mr. Mitchell confirmed Mr. Flint was working as a lobbyist on this project on his behalf. Council Member Moreno inquired if Mr. Mitchell was a contributor to former Mayor Harry Sidhu. Mr. Mitchell confirmed he donated to Mr. Sidhu and everyone else. Council Member Moreno confirmed Mr. Mitchell did not donate to his campaign. Council Member Valencia also confirmed Mr. Mitchell did not donate to his campaign. Council Member Moreno noted Mr. Mitchell donated $25,000 to the Anaheim Chamber of Commerce's Political Action Committee (PAC), which is also a named entity in the FBI investigation. He advised he also contributed to Mayor Sidhu's 2022 campaign, Council Member Faessel's campaign, Mayor Pro Tern O'Neil's campaign, Council Member Ma'ae's campaign, and Council Member Diaz's campaign. Council Member Moreno advised Greenlaw Partners has benefitted tremendously as a preferred developer while giving thousands of dollars to members of the dais who vote for his projects. He expressed concern that the investigation report would not be provided to City Council until March. He advised that he prefers to continue with the item until the report is received. He believed if the project was approved tonight, it says that the City does not care that an investigation is being conducted with a potential bad actor. He noted he is not alleging Mr. Mitchell did any wrongdoing. Mr. Mitchell reported he has invested millions of dollars and four (4) years into this project. He noted affordable housing developers would not pay $24,000,000 for the site. Council Member Moreno noted no developer is willing to put up enough affordable housing on their sites, which puts the City in trouble with the state. He noted the elements that are named in the FBI investigation are tenants in his building, which creates a cloud of doubt. He hoped the innocent would be cleared through the investigation. Mr. Mitchell inquired, if he goes with Council Member Moreno's theory and is cleared of any wrongdoing, if the City is willing to reimburse him $5,000,000. Council Member Moreno explained that Greenlaw Partners holds an ENA that excludes any other developer and chose to invest their own money. He explained the question of the investigation is if the ENA was secured through pay -to -play politics. Mr. Mitchell noted he secured that ENA before Mr. Sidhu was in office. Council Member Moreno noted Greenlaw Partners donated thousands of dollars, which may have helped them get their two extensions. He noted that is the issue with which he struggles. Council Member Moreno commented that it behooves City Council to continue the item. He noted staff indicated that this is prime property and developers could present proposals that would better fit the City's needs that may also fit the anticipated Anaheim Corridor Study. City Council Minutes of November 1, 2022 Page 33 of 37 Mayor Pro Tern O'Neil inquired if there is any other City in Orange County that has done more to further affordable housing than Anaheim. Mr. White noted that the City's track is second to none in terms of affordable housing production in Orange County. Mr. Ramirez the City's Redevelopment Agency provided the most affordable housing in Orange County before its dissolution. Mayor Pro Tern O'Neil inquired how many permanent supportive housing units are included in Studio 6. Ms. Stepter reported Studio 6 currently provides 119 permanent supportive housing units and is being used as interim housing for 87 units but may ultimately be in the 90-100 units. Mayor Pro Tern O'Neil inquired about other affordable housing projects that are in the pipeline. Ms. Stepter reported that Finamore Place will open in December and will provide 104 units. She advised the Midway Affordable Project will provide 84 affordable units. She noted permanent supportive housing will be opening at the Center of Hope, which will provide 64 units. Mayor Pro Tern O'Neil explained that affordable housing does not come for free, with the cost being reflected in the land value. He noted the land is being sold at a fair market appraised value based on the density of the proposed project. He advised this project brings much - needed for -sale housing to an area that has been blighted for too long. He believed it is necessary to activate the potential of the corridor. He noted that there is a commitment from the development team to ensure that ATN's needs are memorialized in the conditions to close. He expressed support for the project. Council Member Diaz referenced the earlier comments about the FBI investigation. He noted he is confident he would be cleared of any wrongdoing as a result of the investigation. Mayor Pro Tern O'Neil noted he appreciated Council Member Diaz's comments but advised that this is a public hearing regarding a development project and encouraged him to stay on topic. Council Member Diaz disagreed and commented that the FBI investigation was brought up earlier by another member of the dais, and he should have stopped the discussion during that time. He advised he has no problem moving forward with this project. Council Member Moreno agreed that the City does more for affordable housing than any other, but the City also has the greatest need. He noted the City is far below its RHNA numbers for affordable housing, and when the City has land, it should investigate affordable housing. He explained the City is spending $750,000 on an investigation to ensure its City Council is free from wrongdoing. He noted a well -paid lobbyist was meeting with staff regularly about this project. He also wants to make sure staff is cleared completely and recommends that City Council continue the item, so it goes through the Surplus Land Act. He expressed astonishment that Council Member Ma'ae believes he is off on his logic here. He expressed concern regarding those members of the dais who will not move on the item unless ATN is taken care of, but noted ATN paid $55,000 for a lobbyist to lobby the City for their interests. He noted that this City Council Minutes of November 1, 2022 Page 34 of 37 is the unfortunate shadow of Mr. Sidhu and the shadow of consistently voting along with the Mayor to benefit campaign donors. Council Member Ma'ae noted there are many lobbyists registered with many cities in Orange County. She advised the dais is discussing this project and whether or not this is good for the residents and the City. She noted the project is needed to bring market -rate housing into an area that desperately needs it. She believed this would be a benefit to improving that corridor. She noted she does not like to deal with speculation and innuendo. She expressed support for the project and noted this would be a great project for the City. Council Member Moreno noted that speculation and innuendo led Council Member Ma'ae to vote to void the Anaheim Stadium deal, which also led her to demand that the Mayor resign. He advised that the same speculation and innuendo applies to the entities Greenlaw Partners has been playing with and are all included in the FBI report. He noted the dais does not know if it will get any better -proposed projects because the site was locked up in an ENA while the developer was giving heavy campaign contributions through the very entities that the FBI said were the problem. He encouraged the dais to consider the longer -term ramifications for voting for a $750,000 report regardless of an ongoing investigation. Council Member Valencia noted he did originally support the ENA based on the original project. He expressed support for the candor of other members of the dais. He advised he is unable to support the project as it stands now. Mayor Pro Tern O'Neil advised that several items contained within this public hearing item require four (4) affirmative votes to adopt. MOTION: Council Member Diaz moved to approve Public Hearing Item No. 16 through six Resolutions and the introduction of one Ordinance, and direct staff to modify the resolutions and related documents to reflect a 15% provision of units affordable to moderate income buyers, with an affordable housing development incentive, seconded by Council Member Ma'ae. ROLL CALL VOTE: AYES — 4 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, and Faessel); NOES - 2 (Council Members Moreno and Valencia). Motion carried; ordinance introduced. F130.2 17. Public Hearing to consider approval of awarding a taxi franchise to Cabco Yellow, Inc. dba California Yellow Cab, for 205 taxicabs and awarding a taxi franchise to American Ground Transport, Inc. and American Ground Transportation, LLC both entities dba 24/7 Taxi Cab, for 50 taxicabs, each for a 10 year term through March 1, 2033. ORDINANCE NO. 6546 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Cabco Yellow, Inc. dba California Yellow Cab, for the purpose of operating taxicab service in the City of Anaheim (operation of 205 taxicabs within the City of Anaheim). ORDINANCE NO. 6547 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to American Ground Transportation, Inc. and American Ground Transportation, LLC dba 24/7 Taxi Cab, for the purpose of operating taxicab service in the City of Anaheim (operation of 50 taxicabs within the City of Anaheim). City Council Minutes of November 1, 2022 Page 35 of 37 Community and Licensing Preservation Manager Brittney Malenofski reported that on October 4, 2022, City Council set the public hearing to review and grant a non-exclusive franchise for a total of 255 taxicab permits. She advised that on August 15, 2022, a Request for Proposal (RFP) for taxicab services was distributed to service providers with a mandatory proposer's conference held on August 29, 2022, providing an opportunity for questions on the RFP. Ms. Malenofski reported on August 18, 2022, the City Manager appointed a Taxi Advisory Committee (TAC) consisting of City staff from the Convention Center, Police Department, Community Services Department, and Community Preservation, as well as a representative from Visit Anaheim. She advised the TAC is authorized by the Municipal Code to evaluate franchise applications and make recommendations to City Council on the awarding of franchises. Ms. Malenofski reported two (2) proposals were received to provide taxi services: California Yellow Cab and 24/7 Taxi Cab. She advised both met the minimum proposal requirements outlined in the RFP and were deemed complete. She advised as part of the proposal responses, California Yellow Cab requested any amount of vehicle licenses up to the total number of available taxicabs of 255 and 24/7 Taxi Cab requested 50 licenses. Ms. Malenofski reported the TAC evaluated the proposals and prepared a Recommendation Report dated October 18, 2022, for consideration by City Council. She advised that, in summary, the TAC found that both proposals met the stated minimum requirements of the RFP. She noted California Yellow Cab demonstrated a stronger organizational infrastructure and capacity to expand its operations to incorporate a large volume of additional taxicabs. She advised 24/7 Taxi Cab demonstrated some limited capability to expand their operations, but the TAC expressed reservations about the service provider's ability to successfully deploy and operate a fleet of 50 taxicabs. Ms. Malenofski advised the TAC recommends that 205 licenses are awarded to California Yellow Cab and 50 licenses are awarded to 24/7 Taxi Cab. She advised the TAC recommendation to provide licenses to both service providers is based, in part, on the desire to maintain an element of competition and avoid a monopoly in the taxi marketplace to encourage a high quality of service to the community. DISCUSSION: Council Member Faessel requested clarification that 24/7 Taxi Cab requested 50 licenses and received 50 licenses, which Ms. Malenofski confirmed. Mayor Pro Tern O'Neil inquired about the 10-year term. Ms. Malenofski advised that 10-year terms are past practice. Mayor Pro Tern O'Neil inquired about the process to request additional licenses. Planning and Building Director Ted White explained there are no provisions to request additional licenses and it would take a formal process by City Council to do so. Mayor Pro Tern O'Neil opened the public hearing. City Clerk Theresa Bass announced that no electronically submitted public comments were received related to Public Hearing Item No. 17. City Council Minutes of November 1, 2022 Page 36 of 37 There being no in -person speakers, Mayor Pro Tem O'Neil closed the public hearing. MOTION: Council Member Faessel moved to introduce ORDINANCE NO. 6546 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Cabco Yellow, Inc. dba California Yellow Cab, for the purpose of operating taxicab service in the City of Anaheim (operation of 205 taxicabs within the City of Anaheim) and ORDINANCE NO. 6547 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM granting a non- exclusive franchise to American Ground Transportation, Inc. and American Ground Transportation, LLC dba 24/7 Taxi Cab, for the purpose of operating taxicab service in the City of Anaheim (operation of 50 taxicabs within the City of Anaheim), seconded by Council Member Ma'ae. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried; ordinances introduced. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non-aaenda items): None COUNCIL COMMUNICATIONS: Council Member Faessel thanked Reborn Cabinets for their Baths for the Brave program to assist local veterans with home renovations, noting this year's event would be on November 3. He invited everyone to the City's Veterans Day Ceremony on November 11 at 11:00 A.M. near the Muzeo. He also invited everyone to join him and the Rotary Club on November 5 for a cleanup event in the Balsam/Curtis neighborhood. Council Member Moreno thanked Sandra Lozeau and the Housing and Community Development Department for addressing concerns from the Sycamore Junior High School principal about campouts at local bus stops. He commended the Community Services Department for their efforts on the Dia de Los Muertos event, and for working with school partners. He noted his attendance with several colleagues at the Little Arabia celebration. He expressed concerns with the public hearing decision made tonight and encouraged residents to pay attention to campaign contributions and to vote in the upcoming election. COUNCIL AGENDA SETTING: Council Member Moreno requested an agenda item on November 15 to confirm that the investigation report regarding illegal/unethical behaviors and actions would be made public when it was received in March or April 2023. City Attorney Robert Fabela inquired if the item could be on the Consent Calendar, to which Council Member Moreno agreed. Council Member Moreno also requested consideration of a full Council recognition for Cecilia Delgado's 100th birthday. Additionally, Council Member Moreno requested an action item on November 15 to direct staff to issue a Request for Proposals to conduct a property condition and structural assessment of Angel Stadium to determine its conditions and adherence to the lease obligations to maintain the stadium in a first-class status and referred to Item No. 8 as an example for possible language. City Council Minutes of November 1, 2022 Page 37 of 37 ADJOURNMENT: At 10:45 P.M., with no further business to conduct, Mayor Pro Tem O'Neil adjourned the City Council. Respectfully submitted, L The sa Bass, CIVIC City Clerk Public Comment From: Pat D Sent: Tuesday, November 1, 2022 12:01 PM To: Jose Diaz Cc: Jose Moreno; Public Comment; Gloria S. Ma'ae; Avelino Valencia; Stephen Faessel; Trevor O'Neil; Cesar Covarrubias; HCD Pau! McDougall; reid.miller@hcd.ca.gov; Mariaisabelle Garcia Subject: [EXTERNAL] Where is the truly affordable housing in Item 16? 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. Council members, I am writing to ask that you all stand up for affordable housing at the low and very low income levels, especially when selling prime city owned land!!! This should not be. This item is very problematic so the BEST place to take a stand TONITE. What does this agreement do to meet our Housing element goals for affordability? Below moderate is most lacking and has been for some time. "10 % affordable to moderate buyers" is not that population. Staff are trying but they need more tools. We don't have a "development incentive" policy that amounts to any significant financial investment or net units included/built. Are you going to create one? Sadly, I can only be suspicious as to timing (election) and those of you benefitting from this deal! Or is it your consistent and general disregard for our low income resident workers who are Housing insecure and facing becoming unhoused. "The applicant requests approval to construct a total of 223 residential units (187 townhomes and 36 flats) ranging from three to four stories, with 4,586 square feet of commercial space, with 10% of the units affordable to moderate income buyers, with an affordable housing development incentive. # 16. Approve a Disposition anti Development Agreement, substantially in the form attached, with Greenlaw Development, LLC, in the amount of $24,425,000, for the purchase and development of the City -owned site at the southeast corner of Anaheim Boulevard and Ball Road; authorize the Director of Economic Development to finalize such Disposition and Development Agreement; authorize the Director of Economic Development to implement such Disposition and Development Agreement; and make certain other findings in connection therewith. Also, when will you set up hybrid, real time participation in your meetings? The technology allows for it and you need to boost up all the transparency you can! Not all are privileged or healthy enough to allow them to leave their home, family and other responsibilities to sit in that space. Being able to "be in the room" with you and participate virtually goes a long way in serving your constituents, if that is in fact your goal as our representatives. Thankyou Pat Davis Sent from my phone. Please excuse brevity and typos. Jennifer L. Hall From: Mariaisabelle Garcia <mariaisabelleg@ken nedycommission.org> Sent: Tuesday, November 1, 2022 4:34 PM To: Public Comment Cc: PublicLands@hcd.ca.gov; Daisy Cruz; Cesar C; Rudibel Barbosa Subject: [EXTERNAL] public comment 11/1/22 Attachments: Ltr_ltem 15 11.1.2022.docx.pdf 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. See attached public comment from The Kennedy Commission Blessings, Marialsabelle Garcia Kennedy Commission Community Organizer mariai sab elleg gkennedycommission. org November 1, 2022 Mayor Pro Tern Trevor O'Neil Councilmembers Housing Authority City of Anaheim 200 S. Anaheim BIvd. Anaheim, CA 92805 wuw.kenwdyeommissioa,oPg 17701 Cowan Ave., Suite 200 Imink-, CA 92614 9.49 2$0 09104 RE: Item 16 - INITIAL STUDYIMITIGATED NEGATIVE DECLARATION MITIGATION MONITORING PLAN NO.384 DEVELOPMENT APPLICATION NO. 2021-00123 Dear Mayor Pro Tern Trevor O'Neil and City Council Members: The Kennedy Commission (the Commission) is a broad -based coalition of residents and community organizations that advocates for the production of homes affordable for families earning less than $20,000 annually in Orange County. Formed in 2001, the Commission has been successful in partnering and working with Orange County jurisdictions to create effective housing and land -use policies that has led to the new construction of homes affordable to lower income working families. As the City Council considers the approval of a General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map for the proposed development at the southeast corner of Anaheim Boulevard and Ball Road, The Kennedy Commission continues to urge the Council to not approve an agreement until the City of Anaheim and Greenlaw Development commit to maximizing affordable housing production on this city -owned land. The City needs to prioritize developments that are 100% affordable for lower -income families on this city -owned site to maximize and leverage additional federal and state housing funds, especially land acquired by the Housing Authority or the city using lower -income housing funds. At a minimum, 15%-20% of the units should be affordable to low, very low, and extremely low-income families. We stated our opposition in the letter submitted for the first reading of the project on October 27, 2020, November 10, 2020 (second reading), and the amendment to the Exclusive Negotiation agreement on December 7, 2021. As highlighted in the City of Anaheim's latest Housing Element Annual Progress Report that was submitted to the California Housing and Community Development department', the city has a deficit of affordable housing production. The report points out that the city has approved and permitted over 8,719 housing units during the current Housing Element period and only 369 have been in the affordability level of low and very low income. The remaining ' City of Anaheim, Housing Element Annual Progress Report, June 2022 Mayor Pro Tern Trevor O'Neil and City Council Members November 1, 2022 RHNA for lower -income households is 1,794. The vast majority of the housing units, 8,350, have been approved at moderate and above moderate -income levels (RHNA in above moderate has been exceeded by over 300%). Given the City's track -record of prioritizing moderate and above -moderate housing on Housing Opportunity Sites, which were identified in the current Housing Element as sites that can be used to meet the City's RHNA requirements at the very -low and low-income levels, the City will have a very difficult time meeting its current and upcoming RHNA allocation. It is inoperative that city -owned land is prioritized to develop lower -income housing that is not being addressed by market rate development. In disposing of city -owned land, the city should prioritize the creation of affordable housing for low, very low, and extremely low families in compliance with the Surplus Land Act and successor agency obligations. When disposing of publicly owned land, public agencies have an obligation to comply with the Surplus Land Act or exemptions to the act. Herein the city is not complying with the Surplus Land Act or its exemptions, wherein they are not providing a minimum of 20% of units at low, very low, and extremely low-income levels. The Commission looks forward to further conversations regarding the use of city -owned land to increase affordable housing opportunities for lower -income families in Anaheim. Please keep us informed of any updates and meetings regarding strategies to increase affordable homes for lower -income households in the city. If you have any questions, please free to contact us at (949) 250-0909 or cesarc@kennedycommission.org. Sincerely, Cesar Covarrubias Executive Director cc: Ms. Megan Kirkeby, Acting Deputy Director, Housing Policy Development, CA HCD Mr. Paul McDougall, Housing Manager, CA HCD PublicLands@hcd.ca.gov Page 2 of 2 Public Comment From: Theresa Bass Sent: Monday, October 31, 2022 1:52 PM To: Public Comment Subject: FW: [EXTERNAL] Tragic Gap in Police Skill With Mentally III From: durfeycraig Sent: Saturday, October 29, 2022 10:04 PM To: cadurfey, teresap@ggcity.org; 'Maria Stipe' <marias@ci.garden-grove.ca.us>; 'Pam Haddad' <pamha@ci.garden-grove.ca.us>; 'communityrelations' <communityrelations@ggcity.org>; pio_department@ggusd.us Cc: 'communityrelations' <communityrelations@ggcity.org>; 'Congressman Alan Lowenthal' <CA47ALima@mail. house.gov>; assemblymember.daly@assembly.ca.gov; Assemblymember.Davies@assembly.ca.gov; assemblymember.quirk-silva@assembly.ca.gov; Assemblymember.Nguyen@Assembly.ca.gov; assemblymember.odonnell@assembly.ca.gov; Christopher.Aguilera@asm.ca.gov; David.Ochoa@sen.ca.gov; DIANA.LARA@sen.ca.gov; georgeb@ggcity.org; citymanager@ggcity.org; City Manager <Citymanager@anaheim.net>; Theresa Bass <TBass@anaheim.net>; joneill@garden-grove.org; kimn@garden-grove.org; SHELLYHOLMAN 'Jim Tortolano' jonathan.peterson@sen.ca.gov Subject: [EXTERNAL] Tragic Gap in Police Skill With Mentally III 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. 10-29-2022 (P.R.D.D.C.) PARENTS FOR THE RIGHTS OF DEVELOPMENTALLY DISABLED CHILDREN CRAIG A. DURFEY FOUNDER OF P.R.D.D.C. GARDEN GROVE, CA 92842 CELL SOCIALEMOTIONALPAWS.COM FACEBOOK: CRAIG DURFEY U.S. 4 4- HONORING 01RAIG llm'I III IIIIIIIF E° IS FIGHT AGAINST AUTISM ... Ms. L0110ETTA S&IM01KEZ of Calliffornila. https://www.govinfo.gov/content/pkq/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf new website socialemotionalpaws.org To whom it may concern. Tragic Gap in Police Skill With Mentally Ill BY CRAIG A. DURFEY J U LY 29 2000 12 AM PT CRAIG A. DURFEY WRITES FROM GARDEN GROVE am an advocate for the rights of children and father of two developmentally disabled children, one with autism, the other with attention deficit hyperactivity disorder, or ADHD. There's an urgent need for both public awareness and legislation for training our police and fire departments, emergency agencies and educational employees to recognize and properly handle the behavior of the developmentally disabled and mentally ill. This year, police in California responded to at least two cases involving developmentally disabled or mentally ill people that resulted in death. The officers weren't properly trained to distinguish between criminal behavior and the behavior of mentally ill individuals. The officers incorrectly assumed the people were displaying threatening or non -compliant behavior. And this problem is not just statewide, it's national, and it's growing. One case was in San Diego, on Feb. 8, involving William Anthony Miller, 42. Apparently Miller, a longtime homeless San Diegan, was hitting pedestrians with a tree branch. When officers arrived on the scene they ordered Miller to drop the branch. Miller, who suffers from mental illness, did not comply and instead charged at officers with the tree branch. Three of the five officers opened fire on Miller, killing him instantly. He easily could have been subdued by a net. A different scenario played out on Feb. 26 in Orange County. Rose V. Failla, 52, a resident of Fullerton who family members said has a history of mental illness, allegedly stole an ambulance in Anaheim and plowed into a car, killing two people. Originally, concerned neighbors noticed Failla wandering around their backyard and called authorities. Police responded and, based on their limited training and background, incorrectly determined that Failla was not eligible to be admitted for a 72-hour observation by a qualified health professional in a mental health facility. She later admitted herself into Anaheim Memorial Medical Center for treatment. Before doctors could get to her, she ran outside the hospital and drove off in an unattended ambulance with the keys inside. Although the liability here does not belong to the Orange Police Department, this situation clearly shows that the police's determination of who is a threat to N themselves and others was way off the mark. Simply put: They need special training and they need it now. Currently, there is no continuous education and training for emergency personnel and agencies to identify certain behavior and handle these situations accordingly. Several pending Assembly bills address the issue of training programs. Since 1999, there have been efforts in researching, raising public awareness and seeking legislation, at a grass -roots level. Until now, with the exception of the Orange County Police Chiefs Assn., these agencies have remained relatively silent on this issue. Until annual forums are created where parents, children and professionals can be heard, there will be a continuing gap between community policing and citizens, and unfortunately more unnecessary deaths. 3 Jennifer L. Hall From: Linda Lobatos Sent: Tuesday, November 1, 2022 4:54 PM To: Public Comment; Jose Moreno; Trevor O'Neil; Avelino Valencia; Gloria S. Ma'ae; Jose Diaz; Stephen Faessel; Nancy Cortez; Richard Gordon Subject: [EXTERNAL] Sycamore Jr. High Band Disney Performance Request Presented on 10/25/2022 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. Dear Anaheim City Council, Thank for your service to our Anaheim community and for reading my email. As you know, On October 25th, 2022 I spoke in the Public comments of the Anaheim City Council meeting. I came before with a request to please help our Sycamore Band students. I wanted to share the message that I sent Mr. Moreno in hopes to see if the City of Anaheim could help our students with the cost of this event. In addition please read the response the Disney Corporation Representative (Mr. Larry Labrado)gave our Principal which is still pending because he could not agree or confirm at the moment in helping our students with the request. Below is the message I sent Council Member, Jose F. Moreno on his FB Page, regarding the requests that was brought by our Sycamore Jr. High Band to our Sycamore Jr. High School Site Council. Please see below: Gracias for informing us Jose. Can you provide me with your email? I want to speak with you regarding a need our Sycamore Jr. High Band has. This February, they are performing at Disneyland and unfortunately our kids need to pay to enter the park this year. According to what was presented at our Sycamore School Site Council meeting yesterday, they will need $12,000.00 to pay for entrances alone. Just so you know Sycamore was highly selected to participate in this event and they will be playing among top performing school bands in the nation that day. It is an approximate $120.00 per student to enter the Disneyland Park. Do you think you can help us with this request? All of our children in Anaheim are so deserving of the best and this time Sycamore Advance Band is the only AUHSD band that is going to represent our AUHSD district and Anaheim in this event. Please let me know how we can collaborate to make this happen for our students. As a Sycamore School Site Council Representative that I am, I am hoping we can work together and give this once in a lifetime opportunity to our Anaheim students. As you know... Sycamore is located in our Anaheim District 3. Please let me know if Disney can wave this $12,000.00 for our Anaheim kids to participate. Our Sycamore Junior High Band students and I appreciate all the help we can get. Thank you, I look forward to your response. Linda Martinez I received confirmation that Larry Labrado, Director of Social Responsibilities and Strategic Initiative for the Disney Resort contacted our Sycamore Jr. High Principal, Mrs. Nancy Cortez today at around 1p.m. Unfortunately Mr. Labrado mentioned that he could not help us because that would mean that he would need to offer the same to other bands who are performing that day if they find out. It is important that we keep in mind that our Sycamore Band are not only representing Anaheim Union High School District, but are also representing our City of Anaheim. They were selected by Disney to perform amongst many bands who applied for the opportunity. Mr. Labrado also mentioned that there are two programs that the bands can apply for to perform. Unfortunately, the Community Arts Program is on pause as of right now which is the program in which our students wouldn't have to pay entrance fee. So the other program is the Disney Arts Band Performance and this one is the one that our students at Sycamore Jr. High applied for since the other one was not available. Mr. Labrado mentioned that he would get back to our Principal regarding this request because as of right now he cannot offer a solution or help resolve this. All that we ask is that all of you do all that you can to help our Sycamore Band students. We hope that you can call and reach out to the Disney Corporation to help our AUHSD Sycamore Band students be a part of a Once in a Life Time Dream of performing at the known, Magical Place On Earth! Our Anaheim students are so deserving of this needed help. I am hopeful that with your help and follow up, we can have our students take part of the wonderful experience of performing that day. Thank you for all that you do for our beautiful City of Anaheim. I look forward to your response. FYI, I have included our Sycamore Jr. High Principal, Mrs. Nancy Cortez and our Sycamore Jr. High Band Director, Mr. Richard Gordon in this email communication. Linda Martinez Sycamore Jr. High School Site Council,Parent Representative Anaheim Resident