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03/10/2020 ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF MARCH 10, 2020 The regular meeting of March 10, 2020 was called to order at 3:00 P.M. and adjourned for lack of a quorum. The regular adjourned meeting of March 10, 2020 was called to order 3:32 P.M. in the chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on March 5, 2020. PRESENT: Mayor Harry Sidhu and Council Members Stephen Faessel, Denise Barnes, and Trevor O'Neil. Council Members Jordan Brandman and Lucille Kring joined the meeting at 3:35 P.M. Council Member Jose F. Moreno joined the meeting during Closed Session. STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Theresa Bass ADDITIONS\DELETIONS TO CLOSED SESSION: City Attorney Robert Fabela announced Closed Session Item No. 2 pertained to potential litigation regarding the Nohl Ranch project and would be heard last. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Moses Johnson stated AFSCME was present again due to its inclusion on the Closed Session agenda. He noted it had been over 11 years since management employees had received a fully funded range increase and the management employees felt they had suffered compaction with the people they supervise and manage. He also noted that the Confidential employees should receive the same treatment as the management employees and the groups should not be divided. Heather Fuller, Public Works Department, stated she represented the Confidential staff and noted their work and support increases along with management increases, yet they felt the City did not adequately compensate them monetarily or otherwise nor does the City believe they deserve the same. She stated the cost of living has increased without a corresponding increase in pay. She asked Council to acknowledge the valuable work of management and confidential employees and ensure they are not left behind in fiscal compensation. Cody Allman, Public Works Department, stated he has worked for the City in both part-time and full- time positions, is very appreciative of his job, and he cares greatly for his fellow employees and others who visit the City facilities in which he works. While being thanked for work and contributions was nice, he felt actions spoke louder and hoped Council would show staff that they were invaluable. CLOSED SESSION: At 3:39 P.M., Mayor Sidhu recessed to closed session for consideration of the following: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Elaine Estrada v. City of Anaheim, et al., Orange County Superior Court Case No. 30-2019-01105228 City Council Minutes of March 10, 2020 Page 2 of 15 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (d)(2) of Section 54956.9 of the California Government Code) Name of Case: One potential case 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Human Resources Director Name of Employee Organization: Anaheim Police Management Association 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Human Resources Director Name of Employee Organization: American Federation of State, County and Municipal Employees (General Management, Professional/Technical, and Confidential Units) At 5:09 P.M., Mayor Sidhu reconvened the Anaheim City Council. INVOCATION: Pastor Chris Warner, The Cove Church FLAG SALUTE: Council Member Jose F. Moreno Acceptance of Other Recognitions (To be presented at a later date): Recognizing Kyle Chen, Andrea Grande, Luis LaParra, Jonathan Maldonado, and Monserrat Robles as Good Samaritans who assisted senior resident Marilyn Worden, who was experiencing car trouble. Mayor Sidhu thanked the recipients for their service and presented each a proclamation. ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS: Prior to receipt of public comments, an outline of new rules for public comments and a brief decorum statement was provided by City Clerk Theresa Bass. Cecil Jordan Corkern, Outreach Homeless Ministries, expressed his concern regarding the spread of COVID-19 and alleged issues at the Disneyland Corporation. R. Joshua Collins, Homeless Advocates for Christ, encouraged City Council to work towards a walk- in homeless shelter and to consider providing free bus-passes or a call-in option to have their voices heard at City Council meetings. William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern regarding Mayor Sidhu's alleged policy against allowing residents to speak freely at City Council meetings. Mayor Sidhu refuted the allegations of Mr. Fitzgerald for the record. Council Member Moreno stated the City Council supports the free speech of City Council attendees. City Council Minutes of March 10, 2020 Page 3 of 15 Lou Noble expressed concern that homeless service animals were being taken and confiscated from their owners. He encouraged City Council to provide more beds for women in the local homeless shelters. Moses Johnson expressed his support for Item No. 04 and encouraged City Council to deny the request for rehearing. He thanked Mayor Sidhu and Council Member Moreno for objecting to the Serrano project. Genny Johnson expressed her support for Item No. 04 and encouraged City Council to deny the request for rehearing, as she believed this was not the right project for the size of the lot. Paul Hyek reported churches may house up to twelve people per night in their multi-purpose room. He also encouraged City Council to create more walk-in shelters and to provide bus passes to the homeless. Vance D. Dizney encouraged City Council to explore installing an adjustable center wall to allow for better traffic flow during high traffic congestion. Mike Robbins expressed concern regarding the City's response to the COVID-19 crisis and encouraged City Council to take immediate action. He also encouraged City Council to work together and leave political issues aside. Falon expressed her support for the Anaheim Ballet and encouraged City Council to support their efforts. As a resident of District 3, she asked City Council to consider keeping Anaheim Ballet in the area as it offers safety, development, and growth. Christine Lee Smith encouraged City Council to allow a home sharing distinctly different from Short Term Rentals (STRs), highlighted the benefits, and encouraged City Council to revisit the ordinance. Larry Rosenberg expressed his support for the Anaheim Ballet and encouraged City Council to support their efforts. Alfredo Heredia expressed concern that some Council Members seeking re-election may be profiting from political campaign contributions and encouraged them to work for the residents of Anaheim. Linda Cherney expressed her support for Item No. 22 and encouraged City Council to pass the item. Bryan Kaye expressed concern regarding the treatment of mentally ill residents who interact with the Anaheim Police Department. Kenneth Batiste expressed concern regarding corruption on the City Council and felt they were not working for what is important to Anaheim residents. He stated his belief that the Angels agreement was not transparent and shared he was running for District 5. Igmar Rodas thanked the Anaheim Police Department for addressing his issue. Dave Duran expressed concern regarding the actions of some members of the City Council and alleged potential corruption. City Council Minutes of March 10, 2020 Page 4 of 15 CITY MANAGER'S UPDATE: City Manager Chris Zapata and Public Information Officer Mike Lyster provided an update on the City's response to and preparation for Coronavirus. Council Member Moreno suggested this topic be agendized by the Mayor or City Manager in the future to allow Council discussion and direction to staff and recommended a task force be created. City Manager Zapata further announced the Public Works team was recently awarded the Orange County Chapter of the American Society of Civil Engineers' Community Project of the Year Award for the La Mesa Homeless Shelter. He also reported staff would provide an update on the new shelter and the City's services in April. CONSENT CALENDAR: At 6:22 P.M., the consent calendar was considered with Council Member Moreno pulling Item Nos. 02 and 15 and Council Member Barnes pulling Item No. 11 for separate discussion and consideration. MOTION: Council Member Kring moved to adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Barnes. ROLL CALL VOTE: AYES —7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. (Item No. 04: Council Member O'Neil recorded an abstention. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, and Kring); NOES — 0; ABSTAIN — 1 (Council Member O'Neil). Motion carried.) B105 1. Receive and file minutes of the Library Board meeting of January 13, 2020 and the Public Utilities Board meeting of January 22, 2020. D117 3. Approve the Investment Portfolio Report for January 2020. C280 4. Deny the request for rehearing of the City Council's action on February 11, 2020, failing to adopt Reclassification No. 2017-00309, thereby denying Conditional Use Permit No. 2017- 05931, Miscellaneous Case No. 2017-00654, Vesting Tentative Tract Map No. 18104, and Specimen Tree Removal Permit No. 2018-00006 for a 54-unit attached single family residential project(originally proposed as 58-units) at 6501-6513 Serrano Avenue. Item No. 04: Council Member O'Neil recorded an abstention. ROLL CALL VOTE:AYES— 6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, and Kring); NOES— 0;ABSTAIN — 1 (Council Member O'Neil). Motion carried. 5. Accept the bids of ICONIX Waterworks (US) Inc., S&J Supply Co. Inc., and Ferguson D180 Waterworks, in the respective amounts of$36,831.41, $33,961.18, and $25,221.55, plus applicable taxes, for the purchase of water materials to replenish utility warehouse inventory items back to normal stock levels and authorize the Purchasing Agent to issue Purchase Orders in accordance with Bid #9387. D180 6. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement to Axon Enterprise, Inc., in the amount of$40,835 plus applicable tax, for the purchase of five Unmanned Aerial Systems, accessories, licensing, and support for a three year period and authorize the Purchasing Agent to make future purchases City Council Minutes of March 10, 2020 Page 5 of 15 of this equipment and related services, renew the maintenance and support agreements, and execute any and all documents necessary to complete the transactions, subject to available budget appropriations. AGR- 7. Approve an agreement with Valiant Global Defense Services, Inc., in the amount of 11970 $1,450,000, for intelligence analyst services for a one year period with a two year optional renewal term with a total not to exceed amount of$4,350,000, the costs for which are reimbursed by the Urban Area Security Initiative grant funding, and authorize the Chief of Police to execute any amendments or renewal options under the terms and conditions of the agreement. AGR- 8. Approve a reimbursement agreement with the Orange County Water District, in the amount of 11971 $350,000 with a 20% contingency, related to water quality treatment testing and consulting services for per- and polyfluoroalkyl substances and authorize the Public Utilities General Manager, or designee, to execute the agreement and related documents and take the necessary actions to administer the agreement. AGR- 9. Approve an agreement with Plug In America, in an amount not to exceed $219,750 with a 11972 10% contingency, for electric vehicle ride and drive events and related services for a term of three years with up to two one-year extensions and authorize the Public Utilities General Manager, or designee, to execute the agreement and any related documents and take necessary actions to administer the agreement. AGR 10. Approve the Second Amendment to Agreement with the County of Orange Social Services 7107.C. Agency to receive an additional $65,000, for a total maximum amount of$2,027,000, for the 0.2 contract period July 1, 2017 to June 30, 2020 for the provision of Vocational Training Activities and authorize the Director of Community and Economic Development, or designee, to execute and administer the amendment and any future modifications. AGR- 12. Award Master Agreements for landscape and irrigation maintenance, repair, construction, and 11973; immediate response, in an amount not to exceed $250,000 per work package with no more AGR- than three work order packages open at one time per contractor, for a period of three years 11974; with three qualified bidders (Brightview Landscape Services, Inc.; CG Landscape, Inc.; and So AGR- Cal Land Maintenance, Inc.); authorize minimal changes that do not substantially change the 11975 term and conditions of the agreements, as long as such changes are determined to be minimal by the City Attorney; and authorize the Director of Public Works to execute and administer the Master Agreements and take the necessary actions to implement the agreements. AGR- 13. Award Master Agreements for slurry seal and crack seal services, in an amount not to exceed 11976; $100,000 per work order with no more than three work order packages open at one time per AGR- contractor, for a one year period with four one-year optional renewals with three qualified 11977; bidders (All American Asphalt, American Asphalt South, Inc., and Roy Allan Slurry Seal, Inc.); AGR- authorize minimal changes that do not substantially change the term and conditions of the 11978 agreements, as long as such changes are determined to be minimal by the City Attorney; and authorize the Director of Public Works to execute and administer the Master Agreements and take the necessary actions to implement the agreements. City Council Minutes of March 10, 2020 Page 6 of 15 AGR- 14. Approve the Engineering Services Agreement with GHD, Inc., in an amount not to exceed 11979 $215,000, for the design of the Del Monte Drive Sanitary Sewer Improvements from Knott Avenue to Bella Vista Street Project and authorize the Director of Public Works to execute the agreement and related documents and take necessary actions to administer the agreement. D175 16. RESOLUTION NO. 2020-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting an irrevocable offer of dedication for public park purposes (Jacaranda Park, Parcel A of Parcel Map No. 2015-174). R100 17. RESOLUTION NO. 2020-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or designee to submit grant application(s) to the California State Library for the Shared Vision Community Partnership Grant and Bringing Library to You: Mobile Library Solutions Grant on behalf of the City of Anaheim, and if awarded, authorize the acceptance of such grants on behalf of the City and amend the budget for the fiscal year accordingly (Applications for total grant funds up to $500,000 for the Anaheim Public Library System). D129 18. RESOLUTION NO. 2020-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing persons holding certain designated positions to execute Emergency Management and Homeland Security grant documents for and on behalf of the City of Anaheim for the purpose of obtaining certain federal financial assistance and/or state financial assistance and rescinding Resolution No. 2017-128. C280 19. ORDINANCE NO. 6480 (ADOPTION)AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code relating to uses in the Mixed Use Overlay Zone and making findings and determinations in connection therewith [allow banquet halls in the Mixed Use (MU) Overlay Zone subject to the approval of a conditional use permit] (Introduced at Council meeting of February 11, 2020, Item No. 19). 20. ORDINANCE NO. 6481 (ADOPTION)AN ORDINANCE OF THE CITY OF ANAHEIM C280 amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2019-00327) (DEV2019-00019) [The Colony House, 401 North Anaheim Boulevard; add the "MU" Mixed Use Overlay Zone classification to the property's existing "C-G" General Commercial, "T" Transition, and "RM-4" Multiple-Family Residential zones] (Introduced at Council meeting of February 11, 2020, Item No. 19). Determine that the above actions are exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act Guidelines (Class 1, Existing Facilities) and Section 15060(c)(2) of Title 14 of the California Code of Regulations. D114 21. Approve minutes of the Council meeting of June 4, 2019. City Council Minutes of March 10, 2020 Page 7 of 15 END OF CONSENT CALENDAR: E157 2. Receive and file 2019 Registered Lobbyist Annual Report. City Clerk Theresa Bass presented the 2019 Lobbyist Annual Report and provided a brief overview of the Lobbyist Registration Program. She reported there were 22 active/registered lobbyists during calendar year 2019, noting there are 19 active lobbyists within Anaheim as of today. She reported that during calendar year 2019, the lobbyists reported making a total of 184 contacts with City officials and campaign contributions totaled approximately $11,000. She further advised that information on the lobbying entities and their clients, as well as the Quarterly reports could be found on the City's website at www.anaheim.net/lobbyist. DISCUSSION: Council Member Moreno encouraged the public to review the entities and individuals who are lobbying City officials and to review their campaign contributions to members of the City Council. He encouraged residents to cross-reference mandatory reports from City Council regarding campaign contributions. He expressed concern many members of the dais have provided themselves with over $200,000 worth of loans and many of the listed lobbyists are participating in campaign debt relief events. He expressed concern there is a pay-to-play culture by some members of the City Council. MOTION: Council Member Moreno moved to receive and file 2019 Registered Lobbyist Annual Report, seconded by Mayor Pro Tern Faessel. DISCUSSION: Council Member Kring stated she has been transparent regarding her campaign contributions and she does not support pay-to-play politics. Council Member O'Neil stated that upon review of the report, he sees less than $2,000 in campaign contributions from lobbyists who have active business with the City. He also noted unions are exempt from reporting their lobbying activities. Council Member Moreno stated the overall concern is the activities of lobbyists that are hired to influence the City Council on various topics. Council Member Kring clarified there is nothing illegal about the activities of lobbyists and noted it happens at all levels of government including school boards. MOTION: Council Member Moreno moved to receive and file 2019 Registered Lobbyist Annual Report, seconded by Mayor Pro Tern Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES —0. Motion carried. AGR- 11. Approve the Second Amendment to the Amended and Restated Lease Agreement with the 10594.2 Savanna School District to reduce the City's leased portion of Hansen Elementary School Park (1300 South Knott Avenue). Community Services Director Larry Pasco reported the item is to approve a Second Amendment to the Amended and Restated Lease Agreement between the Savanna School District(School District) and the City of Anaheim (City) to reduce the City's leased portion of Hansen Elementary School Park; the lease having been in place since 1967. He reported the School District notified the City of its intent to expand the elementary school into a portion of the park area to allow for the addition of an City Council Minutes of March 10, 2020 Page 8 of 15 outdoor classroom and to enlarge their warehouse and transportation area in early 2019. He noted that the entire property is owned by the School District and the City's portion of the park lease area will be reduced from 3.5 acres to 1.64 acres. He clarified this would help maintain the park area while securing the school area. Mr. Pasco noted it is a trend the City is seeing with the school districts looking to expand their campuses and the City works with the school districts to ensure the safety and security of Anaheim students. He reiterated the City is constantly looking for available park land for Anaheim residents. DISCUSSION: Council Member Barnes expressed concern regarding the dwindling park space and encouraged staff to continue to look for park land. Mr. Pasco reiterated the City is constantly looking to add additional park space, the park ratio is better than when the Parks Plan was published, and the City will be exceeding the two acres per 1,000 residents within the next couple of years. In response to Council Member Barnes' inquiry, he noted a park was added to the last Anaheim Cove extension. Council Member Barnes encouraged the City Council to continue to encourage the development of parkland within the City. MOTION: Council Member Barnes moved to approve the Second Amendment to the Amended and Restated Lease Agreement with the Savanna School District to reduce the City's leased portion of Hansen Elementary School Park (1300 South Knott Avenue), seconded by Council Member Kring. DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Pasco advised Jacaranda Park sits on one acre, which was built and maintained by the developer, and is now part of the City's park inventory. MOTION: Council Member Barnes moved to approve the Second Amendment to the Amended and Restated Lease Agreement with the Savanna School District to reduce the City's leased portion of Hansen Elementary School Park (1300 South Knott Avenue), seconded by Council Member Kring. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. AGR- 15. Approve the Final Map and Subdivision Agreement with KB Home Coastal, Inc. for Tract No. 11980 18182, located at 800 E. North Street, to establish 39 attached residential units for condominium purposes. Public Works Director Rudy Emami reported the item is to approve the Final Map and Subdivision Agreement of Tract No. 18182. He reported KB Home Coastal Inc. is the owner and applicant of the 1.58-acre residential subdivision located at 800 E. North Street and will establish 1-lot, 39 attached residential units for condominium purposes. Mr. Emami advised the Planning Commission approved the Tentative Map on February 4, 2019, in conjunction with a General Plan Amendment to re-designate the property from Low-Density Residential to Mid Density Residential land uses, a Reclassification, and a Conditional Use Permit. He advised the proposed new development is intended to provide quality attached single-family housing with public alley access. Lastly, he noted the improvements are consistent with the General Plan and the conditions of approval for the Tentative Map and will continue to enhance the city infrastructure and circulation in the project area. City Council Minutes of March 10, 2020 Page 9 of 15 Mr. Emami reported the developer is required to enter into a Subdivision Agreement with the City to ensure the developer completes all on-site and off-site public improvements to the property, which will be completed by the developer at his sole cost. DISCUSSION: Council Member Moreno advised he did not support the project due to its high-density and the public input from the surrounding community. In response to Council Member Moreno's inquiry, Mr. Emami advised the public alley access would be a total of twenty feet wide. Council Member Moreno felt that was a tight fit for vehicles and addressed disparities between different public hearings and public comment times for residential projects. In response to Council Member Moreno's inquiry, Mr. Emami advised the developer could develop a for-rent product on the lot should the City Council not approve the item, but the developer has recourse as it was already approved by the Planning Commission. He also noted that public improvements would not be built at the developer's cost. Council Member Moreno stated he would not support the item and expressed concern residents would not be able to follow the continued amendments to the General Plan with developments. He recommended future staff reports state, "the improvements are consistent with amended General Plan" for clarity and transparency. MOTION: Council Member O'Neil moved to approve the Final Map and Subdivision Agreement with KB Home Coastal, Inc. for Tract No. 18182, located at 800 E. North Street, to establish 39 attached residential units for condominium purposes, seconded by Council Member Kring. DISCUSSION: Council Member O'Neil expressed his support for the item and felt it would enhance the neighborhood. In response to Council Member Moreno's inquiry, Council Member O'Neil reported he toured the neighborhood on his own time. MOTION: Council Member O'Neil moved to approve the Final Map and Subdivision Agreement with KB Home Coastal, Inc. for Tract No. 18182, located at 800 E. North Street, to establish 39 attached residential units for condominium purposes, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 5 (Mayor Sidhu and Council Members Faessel, Brandman, Kring, and O'Neil); NOES —2 (Council Members Barnes and Moreno). Motion carried. R100 21. RESOLUTION NO. 2020-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting a Regional Housing Needs Assessment (RHNA) Process that is fair and reasonable. Principal Planner Susan Kim reported the item is to approve a Resolution in support of a Regional Housing Needs Assessment(RHNA) process that is fair and reasonable, as requested by Council Member O'Neil at the February 11, 2020 City Council meeting. She explained that State law requires every city and county to adopt a comprehensive, long-term General Plan. She noted the Housing Element is a State-required component of the General Plan that provides the primary policy guidance for local decision-making related to housing and is the only General Plan element that requires review and certification by the State Department of Housing and Community Development (HCD) and must be submitted to the HCD for certification every eight years. Ms. Kim explained that State law mandates the RHNA as part of the Housing Element update process, which quantifies the need for housing within each jurisdiction during specified planning periods. She reported Southern California Association of Governments (SCAG), a regional planning agency for the six-county area that includes Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties, prepares and adopts the RHNA in coordination with HCD. She City Council Minutes of March 10, 2020 Page 10 of 15 further explained that SCAG prepares the RHNA concurrently with its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), is in the process of developing the RHNA for the planning period October 2021 through October 2029, and anticipates adoption of the Final 6th Cycle RHNA in October 2020. Ms. Kim explained the RHNA process, which begins with a determination of the total housing need for the SCAG region. She noted, historically, legislation has included a provision to consider existing and projected need as part of the RHNA methodology. However, she explained the SCAG Regional Council countered SCAG staff's recommendation and approved a proposed regional determination of approximately 430,000 housing units, which reflects the forecasted growth assumed in the RTP/SCS and was sent to the HCD who, in turn, responded with a proposed regional determination of 1,344,740 units indicating the number proposed by SCAG did not meet the existing need. Ms. Kim reported staff has been analyzing the numbers and noted the Department of Finance (DOF) updated its population projections, which shows a significant decrease in population than the previous DOF forecast. She reported that Governor Newsom stated his commitment to building 3,500,000 homes by 2025 was a "stretch goal" and the State would soon be releasing a more pragmatic estimate of the housing needs by region. She reported the regional determination of 1,340,000 housing units, therefore, might not be justifiable given recent housing projections. Lastly, despite several requests from local jurisdictions objecting to the regional determination, she advised SCAG staff does not believe that State law provides a process to further object to the regional determination. Ms. Kim advised SCAG staff developed a single recommended RHNA allocation methodology. However, on November 7, 2019, the Regional Council representative for the City of Riverside (Mayor Bailey) offered a substitute methodology - the "Bailey Methodology," which shifted a significant portion of the 6th cycle RHNA regional allocation away from Riverside and San Bernardino Counties and toward coastal areas including predominately Orange County jurisdictions. She also reported the Bailey methodology removed local input from the calculations for existing need and made the calculations dependent on a jurisdiction's access to high-quality transit and job centers. This methodology was approved on a contested vote of 43-19, including opposition by all Orange County representatives. Ms. Kim reported the SCAG Regional Council approved this methodology and transmitted it to the HCD, who found the proposed methodology in compliance with State law. She advised under this allocation, Anaheim could anticipate a RHNA allocation of 17,412 units, which will need to be added to the General Plan and Zoning Map. Ms. Kim reported Council Member O'Neil requested to adopt an alternate methodology that would include local input into the calculations for existing need and to distribute the residual need throughout the SCAG region rather than throughout the county, but neither request was approved. She compared the 5th and 6th cycles, showing a 3-times increase, and reported staff recommends supporting a RHNA process that is fair and reasonable, including local input. DISCUSSION: Council Member O'Neil provided an overview of the RHNA process and noted other cities in Orange County were being hit hard with the approved RHNA allocation. He clarified the resolution would help the City push back against the allocation and discuss further with the State. City Council Minutes of March 10,2020 Page 11 of 15 MOTION: Council Member O'Neil moved to approve A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting a Regional Housing Needs Assessment (RHNA) Process that is fair and reasonable, seconded by Council Member Kring. DISCUSSION: In response to Council Member Barnes' inquiry, Ms. Kim advised staff was working with HDC to determine how Accessory Dwelling Units (ADUs)will count in the RHNA numbers. She noted group units, such as dorms, count differently from apartments and she would need to investigate Junior Accessory Dwelling Units (JADU). She also noted senior apartments that are age- restricted would count towards RHNA numbers and the unit-count is based on building permits. In response to Mayor Pro Tern Faessel's inquiry, Ms. Kim advised City Council would be presented with the annual RHNA progress report at the next City Council meeting. She provided a general estimate, noting Anaheim has exceeded the RHNA allocation; however, not enough units have been produced for very low-income, low income, and moderate-income. She shared that Long Beach recently approved an in-lieu fee for developing affordable housing of$300,000-$400,000 per unit and Anaheim has not evaluated that in a few years. In response to Council Member Brandman's inquiry, Planning and Building Director Ted White explained the resolution is to urge SCAG to support a RHNA process that is fair and reasonable in response to SCAG's approved methodology and allocation. Council Member Brandman requested a list of cities that have adopted a similar resolution. In response to Council Member Brandman's inquiry, Mr. White reported Anaheim has been working towards finding funding for affordable housing and will work Council over the next 18-months to develop a Housing Element compliant with the existing numbers. He noted they are waiting for clarification from HCD to determine which sites can be developed. Mr. White further clarified the fairness and reasonableness of the allocation methodology. Ms. Kim clarified that SCAG made the calculations dependent on a jurisdiction's access to high-quality transit and job centers and does not take into account how many units were built during the previous cycle, the availability of vacant sites, and the existing need. She also noted SCAG relied on a computer model and did not take into account local input. Council Member Brandman expressed concern about unexpected repercussions to Anaheim by taking a position. Council Member Moreno shared what he learned from Inland Empire colleagues that they felt they had built housing for Orange County's workforce in past years and borne the traffic and associated effects accordingly. In response to Council Member Moreno's inquiry, Ms. Kim explained SCAG did not look at cost-burden for similar cities but looked at cost-burden across the United States and feels that skewed the existing need number. She also noted they did not look at available sites or the cost to build affordable housing which is expensive in Anaheim. In response to Council Member Moreno's inquiry, Ms. Kim advised the City Council adopted the Affordable Housing Action Plan and Resolution in 2017. She clarified Anaheim does not have an inclusionary housing requirement at this time. Council Member O'Neil reported about half of Orange County cities had weighed in to SCAG on this issue. He further explained Anaheim would benefit from a lower regional determination number, which would lower the required allocation. He reported 14 Orange County representatives sit on the SCAG Regional Council and not all of Orange County was represented. In response to Council Member O'Neil's inquiry, Ms. Kim explained Long Beach recently passed an Inclusionary Housing policy, which would require developers to build a percentage of their units as affordable or pay an in- City Council Minutes of March 10, 2020 Page 12 of 15 lieu fee pay that would go toward city-run affordable housing units if they could not build the affordable units in the development. Council Member Kring noted dense housing projects would need to be completed for Anaheim to meet the RHNA numbers. She would like the City to investigate poor-performing commercial centers as potential sites. She expressed her support for approving the resolution. Council Member Moreno expressed his support for the Long Beach Inclusionary Housing Policy and noted it created a disincentive for the developer by making it very expensive to not include affordable housing in the development. He expressed his support for developing an affordable housing policy in Anaheim and noted he would not support the current item. SUBSIDIARY MOTION: Council Member Moreno moved to table the item until the Housing Ad Hoc Committee returned with its report. Motion failed for lack of a second. MOTION: Council Member O'Neil moved to approve RESOLUTION NO. 2020-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting a Regional Housing Needs Assessment (RHNA) Process that is fair and reasonable, seconded by Council Member Kring. ROLL CALL VOTE: AYES —4 (Mayor Sidhu and Council Members Faessel, Kring, and O'Neil); NOES — 3 (Council Members Barnes, Brandman, and Moreno). Motion carried. PUBLIC HEARING: C410 22. GENERAL PLAN AMENDMENT NO. 2017-00515 (DEV2017-00039) PROJECT LOCATION: This 3.03-acre property is located at 6501 through 6513 Serrano Avenue, generally the northeast corner of Serrano Avenue and Nohl Ranch Road. REQUEST: City Council will consider a resolution to repeal General Plan Amendment No. 2017-00515, which amended the General Plan land use designation for the subject property from Neighborhood Center Commercial to Low-Medium Density Residential, and, rescind Resolution No. 2020-012, thereby restoring the Neighborhood Center Commercial land use designation for the subject property. ENVIRONMENTAL DETERMINATION: The City Council will consider whether the proposed action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2). RESOLUTION NO. 2020-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing General Plan Amendment No. 2017-00515 and rescinding Resolution No. 2020-012 (DEV2017-00039) (6501-6513 Serrano Avenue). Determine that the above action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2). Planning and Building Director White reported the item is a City Council initiated request to repeal General Plan Amendment No. 2017- 00515 and rescind Resolution No. 2020-012 associated with the Residences at Nohl Ranch Project. He noted the property is located at the northeast corner of Nohl Ranch Road and Serrano Avenue and is developed with a neighborhood-serving commercial center. He reported City Council approved the project entitlements at its January 28, 2020 meeting but failed to adopt a motion related to the Reclassification Ordinance, resulting in a denial of the City Council Minutes of March 10,2020 Page 13 of 15 Reclassification, at the February 11, 2020 meeting. He noted staff was directed to bring an action to City Council to retain the General Plan land use designation of Neighborhood Center Commercial land use for the property. Lastly, he reported City Council received a letter from Jackson Tidus Law Firm, representing the project applicant, but staff did not believe the letter warranted any changes to staff's recommendation. Mayor Sidhu opened the public hearing. William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern the developer was being allegedly bribed by some members of the City Council. City Attorney Robert Fabela noted Council Member O'Neil's recusal on the related previous items was based on a due process basis, not a financial conflict, so he can participate in the public hearing for legislative items. He also took personal privilege and noted he passed the bar immediately after his attendance at law school. Jim Gabriel expressed his support for the item and encouraged City Council to pass the item. He thanked the mayor and select Council Members for voting last month to keep the zoning as-is for the Serrano Center and asked Council to approve Item No. 22 to keep the plan consistent with zoning. William Leming expressed his support for the item and asked City Council to support the resolution. He thanked Council for their work on behalf of the City. Moses Johnson expressed his support for the item, thanked Mayor Sidhu and Council Members Barnes and Moreno for their previous votes, hoped to return the neighborhood center designation, encouraged City Council to pass the item, and expressed his appreciation for the work they do. Timothy Graham, Citizen Advocates for Responsible Development, stated their group had formed to assist Anaheim neighborhoods have an effective way to engage with developers and the City to help shape what is in their neighborhoods. He thanked Council for their previous votes. He remained interested in finding a way to make the center a success, expressed his appreciation for the work Council does, and requested Council vote to reverse the January 28 vote and correct the mismatched General Plan and zoning. Sharon Magpali expressed her support for the item and encouraged City Council to pass the item to revert the General Plan land use back to its original commercial land use designation to keep the Serrano Center. She stated that East Anaheim was ready for development but not by encroaching on existing properties or destroying a neighborhood center. Genny Johnson expressed her support for the item and encouraged City Council to restore the General Plan to a neighborhood center commercial land use designation and finally deny the project. Andrea Phelps expressed her support for the item and encouraged City Council to pass the item. She thanked those who voted to retain zoning as commercial, urged Council to restore the General Plan to a commercial classification, expressed the community feels this site was not a good fit for housing, and believed there were other sites in District 6 that were better suited for housing development, Jorge Castaneda expressed his support for the item and encouraged City Council to pass the item to keep the zoning as neighborhood center, keep the Serrano Center, and keep the uniqueness, character, and ambiance of Anaheim Hills. He expressed concern that even with the community's City Council Minutes of March 10,2020 Page 14 of 15 opposition, there still seemed to be resistance by the Council, asking them to respect the families and residents that live in Anaheim Hills that will be directly affected by the project. Jeff Walton commended the previous speaker, thanked Council for their service, expressed his support for the item, and encouraged City Council to pass the item to keep the center in place as it is needed, appreciated, and valued. Mayor Sidhu closed the public hearing. DISCUSSION: Mayor Sidhu thanked everyone for participating in the public hearing process and noted that while the Serrano Center has its challenges, it is still serving the community and has strong support. He noted Council may rescind its previous approval in accordance with its rules and procedures and expressed his support for the item. Council Member Brandman provided context to his comments regarding encouraging residents who have been threatening him with political retribution to come to his District. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2020-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing General Plan Amendment No. 2017-00515 and rescinding Resolution No. 2020-012 (DEV2017-00039) (6501-6513 Serrano Avenue) and determine that the above action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2), seconded by Council Member O'Neil. ROLL CALL VOTE: AYES —4 (Mayor Sidhu and Council Members Barnes, Moreno, and O'Neil; NOES — 3 (Mayor Pro Tem Faessel and Council Members Brandman and Kring). Motion carried. REPORT ON CLOSED SESSION ACTIONS: City Attorney Robert Fabela announced Council Member O'Neil recused himself from Closed Session Item No. 02. PUBLIC COMMENTS (non-agenda items): None COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Mayor Sidhu wished Council Member Brandman a Happy Birthday. Council Member Brandman requested an agenda item update and possible resolution regarding AB- 2895 adding mobile home parks to the same protections as those included in AB-1482, concurred by Council Members Moreno and Barnes. Council Member Barnes congratulated all participants in Youth in Government Day. She reported her attendance at an American Veterans Assistance Group event, a tour of the Emergency Operations Center, an Orange County Health Department meeting regarding Coronavirus. She announced an upcoming Love Anaheim event assisting senior mobile home parks. She encouraged residents to meet with Council Members and candidates for Council to learn more about them. She thanked the Serrano/Nohl Ranch community for their engagement. Council Member O'Neil thanked his colleagues for supporting the RHNA resolution. He announced the Housing Ad Hoc Committee would bring forward information and recommendations in the spring. City Council Minutes of March 10, 2020 Page 15 of 15 He noted he attended many events over the past weeks and wished Council Member Brandman a Happy Birthday. Mayor Pro Tem Faessel reported that he connected a senior mobile home resident with the new pilot Senior Safety Net Program, which was able to assist them. He congratulated Katella High School and Sycamore Junior High School for receiving Awards of Merit from the State School Superintendent. He reported his participation in Love Anaheim events at Edison and Pioneer Parks, a Fire & Rescue high school boot camp, Youth in Government Day, an event regarding El Verano senior living center, a presentation by the Anaheim Community Foundation and Samueli Foundation presentation of $20,000 to the Miraloma Family Resource Center, and the Boys and Girls Club fundraiser. He recognized March 8th as International Women's Day. Council Member Kring thanked staff for the room temperature in the Chamber and wished Council Member Brandman a Happy Birthday. She reported her attendance at the Emergency Operations Center event, the Cypress College Americana Awards, Opening Day of East Anaheim Little League, a Neighborhood Services event with Madres en Accion in the Wakefield/Mountain View neighborhood, the Muzeo Awards Art and Wine Celebration where she honored John Hsu, the Boys and Girls Club event, and a Chamber of Commerce event regarding Coronavirus. She announced another Madres en Accion event is scheduled for March 21 and a District 4 town hall meeting at Euclid Library on April 15. She requested an update by the City Manager on home-sharing. She encouraged everyone to wash their hands and not to hoard items in response to Coronavirus and announced drinking water is safe. She thanked the Nohl Ranch residents for their engagement. Council Member Moreno thanked Anaheim Public Utilities and the Community Policing Team for addressing resident issues in the Willow Park neighborhood. He also thanked Community Services Director Larry Pasco for addressing maintenance issues in parks and assisting a local soccer league. He thanked the Public Information team for their efforts regarding Coronavirus and the Census. He requested the City Manager and Mayor request additional resources from the Board of Supervisors regarding Coronavirus. He announced GlobalHope365.org, a local group bringing awareness to the issue of child marriage. He wished Council Member Brandman a Happy Birthday and concluded his comments by addressing political positions and the roles of officeholders. Mayor Sidhu addressed Council Member Moreno's final comments regarding political positions and actions, that there are differing views. He thanked staff for doing a great job, thanked the Public Information team for their information about Coronavirus, and appreciated all who attend Council meetings, particularly students. ADJOURNMENT: At 8:58 P.M., Mayor Sidhu adjourned the March 10, 2020 meeting. -- -Y Al r ubmitted, 10 e esaJRa.5s, CMC City Clerk_