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09/15/2020ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF SEPTEMBER 75, 2020 The regular meeting of September 15, 2020 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 of September 15, 2020 was called to order at 4:00 P.M. telephonically, pursuant to Governor Newsom's Executive Order N-29-20 (superseding the Brown Act related provisions of Executive Order N-25-20) in response to COVID-19. The meeting notice, agenda, and related materials were duly posted on September 10, 2020. MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Stephen Faessel, Denise Barnes, Jordan Brandman, Jose F. Moreno, Lucille Kring, and Trevor O'Neil (all via teleconference). STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass ADDITIONS/DELETIONS TO CLOSED SESSION: City Attorney Robert Fabela announced Closed Session Item No. 1 related to facts and circumstances of the proposed ordinance regulating community care facilities. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 4:04 P.M., Mayor Sidhu recessed to closed session for consideration of the following: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of the California Government Code Section 54956.9: One potential case. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) (1) of the Government Code) Title: City Attorney and City Clerk 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Position: City Attorney, City Clerk At 5:32 P.M., Mayor Sidhu reconvened the Anaheim City Council. INVOCATION: Council Member Denise Barnes FLAG SALUTE: Council Member Lucille Kring City Council Minutes of September 15, 2020 Page 2 of 33 Acceptance of Other Recognitions To be presented at a later date): Recognizing September 21 - 27, 2020, as Bike to Work Week Recognizing September 17 - 23, 2020, as Constitution Week At 5:37 P.M., Mayor Sidhu called to order the Successor Agency to the Anaheim Redevelopment Agency and the Anaheim Housing Authority in joint session with the City Council. ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS: City Clerk Theresa Bass reported that 20 public comments were received electronically prior to 2:00 P.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of 26 public comments were received electronically and distributed to the City Council related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council and made part of the official record]. — See Appendix. CITY MANAGER'S UPDATE: City Manager Jim Vanderpool thanked City Council for their support and confidence in his appointment. He reported he had spent his first week meeting with department heads and touring City facilities. He stated the City has a dynamic, creative, and dedicated team, which he looked forward to working with to serve the Anaheim community. At 5:39 P.M., Mayor Sidhu recessed the Anaheim City Council and Anaheim Housing Authority to address the Successor Agency to the Redevelopment Agency agenda. At 5:40 P.M., Mayor Sidhu adjourned the Successor Agency to the Anaheim Redevelopment Agency and reconvened the Anaheim Housing Authority. At 5:41 P.M., Mayor Sidhu adjourned the Anaheim Housing Authority and reconvened the Anaheim City Council. CONSENT CALENDAR: At 5:41 P.M., the consent calendar was considered with Mayor Sidhu pulling Item No.16, Mayor Pro Tem Faessel pulling Item No. 11, Council Member Moreno pulling Item No. 23, and Council Member Barnes pulling Item No. 18 for separate discussion and consideration. MOTION: Council Member Kring moved to waive reading of all ordinances and resolutions, and 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 Mayor Pro Tem Faessel. ROLL CALL VOTE: AYES - 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. [Item No. 13: Council Member Brandman reported a conflict as he has a business relationship with Orange County Conservation Corps. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Barnes, Kring, Moreno, and O'Neil; NOES — 0; ABSTAIN — 1 (Council Member Brandman (recorded conflict))]. Motion carried. City Council Minutes of September 15, 2020 Page 3 of 33 B105 6. Receive and file minutes of the Public Utilities Board meeting of July 22, 2020. D180 7. Accept the bid from Mythics, Inc., in the amount of $327,164.34 plus applicable tax, for the purchase of Oracle software licenses and support in accordance with Bid #9457. D180 8. Accept the bid from Rodriguez's Refinishing Inc., in the amount of $35,100 plus a 20% 12. Approve Amendment No. 8 to Cooperative Agreement No. C-9-0413 with the Orange County AGR -5742.13 Transportation Authority (OCTA), in the amount of $55,495 for a total agreement amount of $1,938,045, for the reimbursement of increased staff overhead funding for construction closeout coordination, administrative closeout of right-of-way documents, and to extend the agreement to December 31, 2020 to allow for the completion of final accounting with OCTA for the Railroad Grade Separation Projects including the Orangethorpe Avenue Grade Separation Project; and increase revenue and expenditure appropriations in the Public Works Fiscal Year 2020/21 budget by $55,495. contingency, for the as -needed powder coat painting of trash receptacles in the Anaheim Resort Maintenance District for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9456. AGR -12209 9 Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement and execute the Software License and Support and Maintenance Services Agreement with Landis+Gyr Technology, Inc., in an annual amount not to exceed $245,000 with automatic renewals until terminated, to support utility meter reading. AGR -10353.B; 10. Approve a General Services Agreement (Agreement) for prequalified professional engineering 12210; 9983.8; services to support electrical projects, with a not to exceed award amount of $400,000 per 10485.8; work order package and an authorization for up to 15% in extra work, with a limit per 8382.B; consultant of $1,000,000 in total awards, inclusive of extra work, during each fiscal year, for a 12212; 12213; three year term with up to two one-year extensions as needed to complete ongoing projects; 12214; authorize the Public Utilities General Manager, or designee, to execute the Agreement 12215; separately with 40 consultants and such other professional engineering consultants as may be 8386. B; 12216;12217; prequalified during the three year term of the Agreement, and to take necessary actions to 12218;12219; implement and administer the Agreement; and authorize changes to the Agreement that do 12220;12221 not substantially change the terms and conditions of the Agreement, so long as such changes BA/ 8391 are determined to be de minimis by the City Attorney's Office (Amped I, LLC; ASEC, Inc.; 12223; Auriga Corporation; AVECS, Inc.; BKF Engineers; Black & Veatch Corporation; Cho Design 9083. B; Associates, Inc.; Commonwealth Associates, Inc.; Cordoba Corporation; Dahl, Taylor & 12224; 12225;12226; Associates; Derek J. McGregor, Inc.; Elcon Associates, Inc.; Electric Power Systems g y 8396.8; Engineering and Design; Electrical Consultants, Inc.; EN Engineering, LLC; Guidehouse, Inc.; 10750.A; Grid Subject Matter Experts, LLC; Henkels & McCoy, Inc.; IMEG Corporation; INTEC 12070.A;12228; Services, Inc.; Kewo Engineering Corporation; Lopez Engineering, Inc.; Magna Consulting 11327.A; 12230; and Design, Inc.; Mayers & Associates Civil Engineering, Inc.; Mesa Associates, Inc.; Malone 8397.B; 11296.A; and Associates, LLC; NV5, Inc.; Outsource Utility Contractor Corporation, P2S, Inc.; Parkia, 12232; Inc.; PXISE Energy Solutions, LLC; Power -Tech Engineers, Inc.; Q3 Engineers, Inc.; R.G. 12233; 8402.A i i Vanderweil Engineers, LLP; Schneider Electric Engineering Services, LLC; Sheffield g g g 12235; 11328.A; Scientific, LLC; Stantec Consulting Services, Inc.; The Engineering Partners Inc., dba EPI; 11329.A;12238; VCI Utility Services, LLC, dba Vantage Utility Services; Wilson Mikami Corporation). 12239;12240 12. Approve Amendment No. 8 to Cooperative Agreement No. C-9-0413 with the Orange County AGR -5742.13 Transportation Authority (OCTA), in the amount of $55,495 for a total agreement amount of $1,938,045, for the reimbursement of increased staff overhead funding for construction closeout coordination, administrative closeout of right-of-way documents, and to extend the agreement to December 31, 2020 to allow for the completion of final accounting with OCTA for the Railroad Grade Separation Projects including the Orangethorpe Avenue Grade Separation Project; and increase revenue and expenditure appropriations in the Public Works Fiscal Year 2020/21 budget by $55,495. City Council Minutes of September 15, 2020 Page 4 of 33 AGR- 13. Approve Workforce Innovation and Opportunity Act Agreements with the Orange County 10248.D Conservation Corps and Taller San Jose Hope Builders dba Hope Builders, in the amounts of $278,289 and $185,526, respectively, to assist local disadvantaged youth to prepare for joining the workforce with terms beginning July 1, 2020 through June 30, 2022; and authorize the Director of Community & Economic Development, or designee, to execute and administer the agreements. Item No. 13: Council Member Brandman reported a conflict as he has a business relationship with Orange County Conservation Corps. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Barnes, Kring, Moreno, and O'Neil); NOES — 0, ABSTAIN — 1 (Council Member Brandman (recorded conflict)). Motion carried. AGR -12241 14. Approve a Professional Services Agreement with Mercy House Living Centers, in substantial form, in an amount not to exceed $1,580,000 using Homeless Housing, Assistance and Prevention funds, to expand the Chronically Homeless Individuals Pilot Program (CHIPP) for a term beginning October 1, 2020 through September 30, 2022; authorize the Director of Community & Economic Development, or designee, to execute the agreement and administer the CHIPP expansion project, and amend the Community & Economic Development Department's Fiscal Year 2020-21 budget by $1,580,000. D155 15. Approve the modified Residential Rehabilitation Program Guidelines and authorize the Director of Community & Economic Development, or designee, to execute all documents related to administration, management, and implementation of the program. D154 17. Approve the 2021 Health and Welfare Plan Rates and authorize the Human Resources Director to execute all required provider agreements. D154 19. RESOLUTION NO. 2020-109 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 (effective June 26, 2020 through June 24, 2021). AGR -12254; 20. RESOLUTION NO. 2020-110 A RESOLUTION OF THE CITY COUNCIL OF THE AGR -12255; CITY OF ANAHEIM ratifying the submission of grant applications and the acceptance of AGR -12256; grants on behalf of the City of Anaheim for the Selective Traffic Enforcement Program (STEP) AGR -12257; Grant, Pedestrian and Bicycle Safety Program Grant, Child Passenger Safety Program Grant, AGR -12258 Motorcycle Safety Program Grant, and Traffic Records Improvement Project Grant, and authorizing the Chief of Police to execute all required grant documents and amending the budget accordingly (total grant funds of $705,000). R100 21. RESOLUTION NO. 2020-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing application for funding pursuant to the California Pet Assistance and Support Program to enhance and improve the pet program at the La Mesa Shelter (co -applicant with Illumination Foundation). City Council Minutes of September 15, 2020 Page 5 of 33 M142 22. ORDINANCE NO. 6492 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 10.06 of Title 10 of the Anaheim Municipal Code to allow award of Design -Build Projects on a work order basis. Determine that the Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because this will not result in a direct or reasonably foreseeable indirect physical change in the environment as adoption of the Ordinance is not a "project" and is ministerial in nature. D116 24. Approve a proclamation remembering La Puente City Councilman Dan Holloway for his exemplary service and achievements to the community. END OF CONSENT CALENDAR: AGR- 11. Waive Council Policy 4.1 and approve an agreement with The Counseling Team International, 7372.6 in an amount not to exceed $225,000, for employee counseling and peer support services for a two year term beginning September 1, 2020 through August 31, 2022 with two one-year optional renewals; and authorize the Chief of Police, or designee, to administer the agreement and any optional renewals. DISCUSSION: In response to Mayor Pro Tem Faessel's inquiry, Police Chief Jorge Cisneros reported the Orange County Grand Jury Report was presented to the City Council on August 11, 2020, which outlined the importance of Peer Support Programs. He clarified that during that meeting he cited an amount of approximately $25,000 that only covered the training portion for the Peer Support Program. He advised the amount in Item No. 11 covers the counseling portion of the Peer Support Program and covers the Anaheim Police Department and Anaheim Fire and Rescue. MOTION: Mayor Pro Team Faessel moved to approve Item No. 11, seconded by Council Member O'Neil. DISCUSSION: Council Member Moreno expressed support for the item and the mental health of first responders. Council Member Barnes expressed gratitude for the item. Mayor Sidhu thanked City Council for their support of the item and thanked Police Chief Cisneros for his support of first responders. MOTION: Mayor Pro Tem Faessel moved to waive Council Policy 4.1 and approve an agreement with The Counseling Team International, in an amount not to exceed $225,000, for employee counseling and peer support services for a two year term beginning September 1, 2020 through August 31, 2022 with two one-year optional renewals; and authorize the Chief of Police, or designee, to administer the agreement and any optional renewals, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. City Council Minutes of September 15, 2020 Page 6 of 33 D116 16. Approve an Income -Qualified Internet Assistance Rebate Program, in an amount up to $1,000,000, to assist residents who have been impacted by COVID-19 by providing financial assistance towards broadband internet services for distance learning and telecommuting. DISCUSSION: Mayor Sidhu reported the COVID-19 crisis has led to some residents struggling to continue their children's distance learning education programs due to a lack of high-speed internet. He advised he has been working with Deputy City Manager Greg Garcia and Public Utilities General Manager Dukku Lee to develop an Income -Qualified Internet Assistance Rebate Program to assist residents who have been impacted by COVID-19 by providing financial assistance towards broadband internet services for distance learning and telecommuting. He advised the program would allow residents to select a provider that best suits their needs and identify potential recipients by leveraging the Income -Qualified Utilities Assistance System that is already in place and would be funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act funding. Mr. Garcia reported there is much need for internet connectivity during the pandemic. He advised Anaheim Public Utilities developed a program that makes sense for the short-term using CARES Act funding. Mr. Lee reported this is a new rebate program developed to assist income -qualified residents to obtain internet broadband services. He referenced an image of two girls trying to use Taco Bell's WiFi that went viral that highlighted a significant need for families who are struggling financially to obtain suitable bandwidth. He advised the program offers a rebate of $60 to $120 to pay for approximately three months of internet service depending on the number of residents and members of the household. He explained that, to quickly enroll customers, the same criteria was established as for utility bill discounts that are set at the Calfornia Department of Housing and Community Development's low-income designation for Orange County. He noted the $1,000,000 designation would assist approximately 11,000 households and would be promoted through local schools and the City's Public Information Office's social media. Lastly, he advised, if the program were approved, it would be made available to residents in October. MOTION: Mayor Sidhu moved to approve Item No. 16, seconded by Mayor Pro Tem Faessel. DISCUSSION: In response to Mayor Pro Tem Faessel's inquiry, Mr. Lee confirmed this applied to all service providers in Anaheim and the rebate would be provided when the bill was submitted. Council Member Brandman expressed support for the item and thanked staff for their work to provide a solution to this issue. In response to Council Member Barnes' inquiry, Mr. Lee advised the County does have mobile broadband services and is working with Community Services Director Larry Pasco to explore the possibility of rolling out the program to Anaheim. Council Member Barnes expressed her support for mobile broadband services and would like to see it as an option in Anaheim. In response to Council Member O'Neil's inquiries, Mr. Lee advised the Santa Ana mobile broadband solution was initiated by the school district. Mr. Garcia reported staff has been in communication with the school district and has been sharing ideas to fill the need. Council Member O'Neil expressed support for the item but encouraged staff to continue working with the school district to share responsibility for providing solutions, as the City has limited CARES Act funds for this purpose. Council Member Kring expressed support for the item. City Council Minutes of September 15, 2020 Page 7 of 33 Council Member Moreno reported the school district acted quickly to try to provide internet access to students. He expressed concern that Council Member O'Neil was concerned about limiting funding for this item. In response to Council Member Moreno's inquiry, Mayor Sidhu advised he had not met with the school district but asked Mr. Garcia to work on this effort approximately two weeks ago. Council Member Moreno reported he presented a map to City Council regarding areas in need of broadband internet. He advised approximately 30% of Anaheim "flatland" residents do not have direct internet access due to lack of funds and thanked staff for developing the program quickly In response to Council Member Moreno's inquiry, Mayor Sidhu advised the program would be revisited in three months to see if the need still exists. MOTION: Mayor Sidhu moved to approve an Income -Qualified Internet Assistance Rebate Program, in an amount up to $1,000,000, to assist residents who have been impacted by COVID-19 by providing financial assistance towards broadband internet services for distance learning and telecommuting, seconded by Mayor Pro Tem Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. D154.4 18. RESOLUTION NO. 2020-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Letter of Understanding between the City of Anaheim and the Anaheim Firefighters Association concerning holiday pay. RESOLUTION NO. 2020-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Firefighters Association and the City of Anaheim concerning vacation accruals. Human Resources Director Linda Andal reported on July 10, 2019, the City entered into a Memorandum of Understanding (MOU) with the Anaheim Firefighters Association (AFA). She advised that following the adoption of the MOU, two items were brought to the City's attention that required additional clarification and noted a Meet and Confer was immediately initiated to address the issues. She explained the first issue was raised by CaIPERS regarding Article 29, which relates to employees in classifications that are eligible to receive compensation in -lieu of paid holiday time. She advised staff discussed the item with CaIPERS who felt the language was unclear and the Letter of Understanding (LOU) is necessary to clarify the provisions of the existing practice and to ensure proper reporting to CalPERS, and noted there is no budget impact. Ms. Andal reported the second LOU is regarding Article 35 as it relates to vacation as proportional increases to the vacation accrual rates for employees working staff assignments were inadvertently omitted from the agreement, which is remediated with the second LOU. She advised this will impact four employees and has a $21,400 impact on the Fiscal Year 20/21 budget. DISCUSSION: Council Member Barnes thanked staff for clarification. In response to her inquiry, Ms. Andal advised the first item was something that needed to be clarified for this year and the second item was inadvertently omitted. MOTION: Council Member Barnes moved to approve RESOLUTION NO. 2020-107 _A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Letter of Understanding between the City of Anaheim and the Anaheim Firefighters Association concerning City Council Minutes of September 15, 2020 Page 8 of 33 holiday pay and RESOLUTION NO. 2020-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Firefighters Association and the City of Anaheim concerning vacation accruals, 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. C280 23. ORDINANCE NO. 6493 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapters 18.04 (Single -Family Residential Zones); 18.06 (Multiple - Family Residential Zones); 18.08 (Commercial Zones); 18.14 (Public and Special -Purpose Zones); 18.16 (Regulatory Permits); 18.22 (Brookhurst Commercial Corridor (BCC) Overlay Zone); 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone; 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.92 (Definitions); 18.112 (Mountain Park Specific Plan No. 90-4 (SP 90-4) Zoning and Development Standards); 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards); 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015- 1) Zoning and Development Standards); and 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of the Anaheim Municipal Code and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and it is not a project, as defined in Section 15378 of the CEQA Guidelines (Zoning Code Amendment No. 2020-00170; DEV2020-00002; includes determination that the ordinance is categorically exempt under Section 15301 of the CEQA guidelines; to provide standards and regulations for unlicensed community care facilities and sober living homes that are not operating as a single housekeeping unit). Planning and Building Director Ted White reported the item is a City -initiated Zoning Code Amendment to provide standards and regulations for unlicensed community care facilities, sometimes called group homes, and sober living homes that are not operating as a Single Housekeeping Unit. He reported staff prepared the proposed ordinance based on similar ordinances already enacted by the cities of Costa Mesa, Laguna Niguel, and Huntington Beach, and the County of Orange. He reported the Planning Commission reviewed and recommended City Council approval of the proposed Zoning Code Amendment on a 4-3 vote with Commissioners Keys, Mulleady, and White being the dissenting votes. Mr. White provided a brief overview of state law and licensing requirements related to Residential Care Facilities. He explained that facilities with six or fewer residents are allowed "by right" and facilities with seven or more residents require a Conditional Use Permit. He advised unlicensed facilities only provide residential accommodation and cannot provide any services or treatments. Mr. White reported there are two voluntary non -State certification and registration programs available for sober living homes in Orange County. He advised, unlike state -licensed facilities, there is no specific state law that requires cities and counties to treat unlicensed community care facilities and sober living homes as single-family residential use. However, certain laws protect these uses as they pertain to paupie with disabilities. Mr. White reported under the Federal Fair Housing Act Amendments, the California Fair Employment Housing Act, and the Lanterman Developmental Disabilities Services Act, cities and counties are required to make reasonable accommodations in zoning laws when such accommodation is City Council Minutes of September 15, 2020 Page 9 of 33 reasonably necessary to provide people with disabilities the opportunity to enjoy a residential dwelling. Mr. White provided a brief overview of the Voluntary Certification and Registration Programs which are administered by the Orange County Sheriff's Department (OCSD) and the California Consortium of Addiction Programs and Professionals (CCAPP). He advised the OCSD provides certification of sober living homes based on its Adult Alcohol and Drug Sober Living Facilities Certification Guidelines and CCAPP provides registration of sober living homes based on its Certified Recovery Residence Standards. He noted, unlike OCSD, CCAPP does not require a background check of all staff, review of facility rules and policies, or inspections. Mr. White reported Anaheim is home to 169 State licensed community care facilities that house six or fewer persons under the state's categories of Adult Residential Care and Residential Care Facility for Elderly. Additionally, he reported there are 15 State licensed and/or certified alcoholism and drug abuse recovery or treatment facilities in residential neighborhoods, and six sober living homes certified by OCSD's voluntary program. He noted there are no homes in Anaheim certified by CCAPP. Lastly, he reported staff estimates that there may be approximately 90 possible unlicensed group homes and 64 sober living homes within the City, based on the City's Business License and Code Enforcement databases. Mr. White presented a map of existing facilities in Anaheim and reported the City has been receiving resident complaints regarding the operation of facilities and sober living homes with reported concerns include overcrowding, increased demand for parking, and noise. He advised the City does not have a mechanism to accurately track the number and location of these facilities. He explained the limitation has resulted in many community members, as well as Mayor Pro Tem Faessel and Council Members Moreno and O'Neil, expressing the need to provide appropriate standards and regulations for such unlicensed community care facilities and sober living homes. Mr. White reported the City of Costa Mesa adopted a zoning ordinance in 2014 to regulate unlicensed group homes serving six or fewer persons including sober living homes. He advised Costa Mesa requires a ministerial permit for all unlicensed facilities with background checks and requires such facilities to comply with several operational standards which include requiring a 24-hour house manager, parking controls, and a separation requirement of 650 feet for all sober living homes and some group homes. He noted several lawsuits were filed against the City of Costa Mesa, but in recent months, the City received several favorable rulings in these lawsuits that affirmed the validity of the ordinance. He reported Laguna Niguel, Huntington Beach, and the County of Orange recently adopted an ordinance to regulate group homes and sober living homes similar to Costa Mesa. Mr. White reported the draft ordinance updates the definition of Single Housekeeping Units and provides new definitions for state -licensed community care facilities and alcohol or drug abuse recovery or treatment facilities and unlicensed community care facilities and sober living homes. He explained the ordinance also clarifies the definitions for uses other than unlicensed community care facilities and sober living homes that do not meet the definition of a Single Family Housekeeping Unit. Mr. White explained the proposed regulations would continue to permit unlicensed community care facilities and sober living homes with six or fewer residents to locate in residential zones. However, he explained all unlicensed facilities that are not operating as a Single Housekeeping Unit would be required to obtain a Regulatory Permit before commencing operations, which would be ministerial in nature and issued by the Planning and Building Director. He further explained there are two types of permit proposed: an Operator's Registration, which would be required for sober living homes with certification from the Orange County Sheriff's Department and an Operator's Permit, which would be City Council Minutes of September 15, 2020 Page 10 of 33 required for all other unlicensed community care facilities and sober living homes. He noted staff is proposing a separate permit type for sober living homes with certification from the Sheriff's Department because their certification process already includes many similar review standards as the ones proposed for the City's Operator's Permit such as a background check. Mr. White reported that, once issued, both permits are not subject to a renewal requirement but are not transferrable to any other person, entity, or facility. He advised a new Operator's Registration or Operator's Permit would be required if a new owner or a new facility is proposed to take over an existing facility, even if the existing facility was issued a valid permit. He noted operators of all existing unlicensed facilities and sober living homes would be required to apply for the applicable permit within 180 days of the effective date of the ordinance and must comply with all provisions of the Code within one year of the effective date of the proposed ordinance. He advised the City can grant extensions for the required compliance period of up to two years. Mr. White provided an overview of proposed operational standards and advised all unlicensed community care facilities and sober living homes, regardless of the number of residents, would be required to comply with notable operational standards including the requirement of a house manager, parking controls, and separation requirements. He also noted all unlicensed community care facilities and sober living homes would be subject to certain separation requirements, which would be waived for existing facilities if such facilities apply for the applicable Regulatory Permit within 180 days of the effective date of the ordinance. Lastly, he advised facilities may seek relief from the strict application of these operational standards by submitting a request setting forth specific reasons as to why accommodation over and above is necessary under State and Federal laws, under the City's Request for Reasonable Accommodations process. Mr. White reported the Planning Commission was originally scheduled to hold a public hearing in early July to consider the proposed ordinance, however, it was continued to August 3, 2020, in consideration of continuance requests received from representatives of Lighthouse Treatment Center and CCAPP and to allow staff time to work with these stakeholder groups regarding their concerns. He reported the Planning Commission recommended approval of the proposed ordinance to City Council on a 4-3 vote with Commissioners Keys, Mulleady, and White being the dissenting votes at the August 3, 2020 meeting. He noted the Planning Commission directed staff to add clarifying language to the draft ordinance pertaining to existing facilities. Mr. White reported staff recommends the City Council introduce the ordinance to amend the Zoning Code to provide standards and regulations for unlicensed community care facilities and sober living homes that are not operating as a Single Housekeeping Unit. DISCUSSION: Council Member Moreno noted he raised the issue several years ago. He recalled there were two community meetings where residents raised concerns they were not being properly notified by neighbors that the homes were being fixed up for a business and there was no way for residents to know if those homes would be used as a group home. He noted there were a few problematic homes and expressed appreciation for the item coming forward to City Council. In response to Council Member Moreno's inquiry, Mr. White explained there was no direction from City Council that the ordinance needed to be completed in September. He acknowledged it was long overdue for City Council consideration as it had been in process for over a year and there was a window of opportunity to bring it to Council now. Council Member Moreno expressed concern that some City Council members requested it be brought forward in September during the Planning Commission's process and noted it would be inappropriate for Council Members to be involved in an agenda item before the Planning Commission made a decision. He noted it was customary to have City Council Minutes of September 15, 2020 Page 11 of 33 the Council Member who requested the ordinance be involved in its development with staff and a maximum of three Council Members. In response to Council Member Moreno's inquiry, Mr. White explained that in his experience when staff is provided direction by Council to prepare an ordinance, it is prepared independently of the City Council. He advised no City Council Members were consulted in the preparation of this ordinance. He acknowledged that City Council has on occasion developed working groups, task forces, and other subgroups to advise but that was not the case in this instance. Council Member Moreno stated that the explanation goes against what was done with the cannabis ordinance, which was requested by Council Member Kring who was allowed to work with staff on that ordinance. He expressed concern the practice of staff independently working on ordinances was not evenly applied to all Council Members. In response to Council Member Moreno's inquiry, Mr. White advised he acted in a supporting technical role on the cannabis ordinance with the City Manager's Office who was taking the lead. He advised he was not directed to work directly with any City Council Member on this ordinance. Deputy City Manager David Belmer reported, at the time, he was transitioning from being the Planning and Building Director while on -boarding Mr. White. He acknowledged, in retrospect, they should have extended opportunities for Council Member briefings but reiterated it was not intentional. He advised several Council Members were interested in the subject matter but believed it was a case where staff simply charged full steam ahead. He noted staff would do a better job of consulting with interested City Council Members in the future. Lastly, he explained the issue is quite complex and fraught with legal issues, which required consultation with the City Attorney's Office to ensure there was a legal foundation for what was being recommended. In response to Mayor Pro Tem Faessel's inquiries, Mr. White confirmed Mayor Pro Tem Faessel's understanding of the number of facilities in Anaheim and explained one of the points of the ordinance is to have better data around these facilities. He reported staff met with representatives of the Orange County Recovery Collaborative as well as the Lighthouse Treatment Center before Planning Commission consideration and during the drafting of the ordinance. He noted both organizations pointed out some weaknesses and challenges with the ordinance and their input was used to strengthen the ordinance. He firmly believed the ordinance was in a better place because of that collaboration. Council Member Brandman reported he received letters of concern from residents and thanked staff for their quick response. He thanked Mr. Belmer for his previous apology and noted all City Council Members and staff can always endeavor and strive to do better and make government good for the people. Council Member Barnes reported that all Council Members received a letter from the CCAPP, addressed to the Mayor, which recommends a no vote on the item as they believe the ordinance would be discriminatory against people in recovery, would subject the City to litigation and associated costs, and would increase homelessness. In response to Council Member Barnes's inquiries, Mr. White reported the City relies on federal and state law to define disabled persons with disabilities. He explained the community care facilities would potentially regulate persons with various mental and physical disabilities up to and including drug treatment and diseases of addiction. City Council Minutes of September 15, 2020 Page 12 of 33 In response to Council Member Barnes's inquiries, Senior Planner Joanne Hwang reported persons with dementia would be considered a person with a disability. She noted it was her understanding that due to the care, supervision, and services that type of population needs, that would most likely before considered a state -licensed facility that would not be subject to the ordinance. Council Member Barnes expressed concern that the verbiage "may lead to the institutionalization of commercialization of such neighborhood" in itself is discriminatory. She expressed concern regarding the limitations of the ordinance and would like to see the ordinance reviewed further considering additional legislation that may be on the horizon. MOTION: Council Member Barnes moved to continue Item No. 23 to the October 6 City Council meeting, seconded by Council Member Moreno. DISCUSSION: In response to Council Member O'Neil's inquiry, Mr. White confirmed an existing operation that does not meet the separation requirement would be waived and it would not disqualify them from obtaining permits on those grounds. He also confirmed the waiver was added specifically in response to input from the stakeholders in the community that raised the concern. Mr. Fabela noted there was a subsidiary motion on the table and Mayor Sidhu elected to combine discussions and take the vote one after the other. In response to Council Member O'Neil's inquiry, Mr. White confirmed there are two ways to obtain the background check which is either through OCSD or APD. He also confirmed the City requires background checks for other types of regulatory permits. Ms. Hwang advised the ordinance lists specific offenses that can disqualify an applicant from obtaining a permit which includes forced labor, human trafficking, sex offenses, money laundering, prostitution, illegal gambling, violent felonies, arson offenses, or any other offenses involving the illegal sale, distribution, or possession of the controlled substance specified in the government code section. She advised these mirror the requirements for a massage technician, which currently requires background checks, and those from other local cities. She explained it is similar to the OCSD's requirements under Voluntary Certification and Registration Program. In response to Council Member O'Neil's inquiry, Ms. Hwang confirmed applicants would have a live scan for fingerprints. Mr. White referred detailed procedural questions regarding background checks to the Anaheim Police Department, as they would be administering the program. He explained the ordinance is set up for dual paths because OCSD has indicated they are not sure they will always be able to provide this certification and the City wanted to have something independent of anything OCSD would provide. Council Member O'Neil noted ample stakeholder input had been received and did not support continuing the item. Council Member Kring thanked staff for a thorough report. In response to her inquiry, Mr. White requested the City Attorney review the verbiage suggested by CCAPP as discriminatory. He acknowledged there is a difference of opinion on the verbiage which is why the City has been closely following court rulings in other jurisdictions. He noted even by state law there are distance and licensing requirements for community care facilities and the fact it is state law is an acknowledgment that these types of residential uses do operate differently than a single-family home and that reasonable regulation is appropriate. Council Member Kring reported there were several group homes in her neighborhood that were a nuisance before the City came in and cleaned them up. She noted they are currently well managed City Council Minutes of September 15, 2020 Page 13 of 33 and maintained and expects these facilities to be operated in the same way. She noted she does not support a continuance of the item. Council Member Moreno recognized that staff has worked with him in the past and noted he brought up the issue several years ago which is why he found it odd he was not asked for his input on this ordinance. He appreciated staffs apology for the oversight and acknowledged the amount of work they are required to complete. He expressed support for continuing the item. He advised that many residents have the same concerns about concentration with community care facilities as they do Short Term Rentals (STRs). In response to Council Member Moreno's inquiry, Mr. White advised over -concentration in terms of regulatory rules and procedures was intended to be consistent with state law. He noted the ordinance is looking at neighborhood blocks and making sure they do not get over -concentrated with quasi - commercial uses. He advised this is reflected in the ordinance with the concentration limits or the separation requirement of 800 feet, which is roughly based on the distance of a city block. Council Member Moreno reported he forwarded Mr. White an email from a concerned resident regarding concentrated group homes. In response to Council Member Moreno's inquiry, Mr. White explained the facilities with seven or more residents require a Conditional Use Permit and can be covered by City enforcement. He advised a different set of rules apply if it is fewer than seven residents. He noted, if it is a licensed facility, it can be identified through a database to determine the type of facilities but there are many other locations where there is no information. He advised with a licensed facility the City has no recourse for enforcement as it is done through the State Licensing Boards. He advised there will be recourse for unlicensed facilities once they obtain registration or an operator's permit which could include revocation of the permit. In response to Council Member Moreno's inquiry, Community Preservation & Licensing Manager Sandra Sagert reported staff was able to extract 154 possible locations where complaints have been received over the last few years. She advised that knowing where all the facilities are located will lead to better communication, as they will know who to call in case of an issue. She disagreed with some comments that the ordinance would increase homelessness and believed it would help by building those partnerships by knowing where they all are and doing outreach to communicate with them. In response to Council Member Moreno's inquiry, Mr. White advised that unlicensed facilities does not mean illegal operations. He explained an unlicensed facility is one that does not require a license from the state and the license is based on the services provided. In response to Council Member Barnes, Ms. Sagert advised the City is looking for 24-hour coverage for responsibility and felt that was important. She advised staff met with the Orange County Recovery Collaborative, Lighthouse Treatment Center, and other stakeholders who acknowledged it was difficult to have 24-hour coverage so it was modified to have someone available to respond within 45 minutes, which is consistent with the Short Term Rental Ordinance. In response to Council Member Barnes's inquiry, Mr. White confirmed properties located in the county would not be subject to the ordinance. Council Member Barnes expressed support for continuing discussion on the item and coming to a consensus with CCAPP and Lighthouse Treatment Center. In response Council Member O'Neil's inquiry, Mr. White confirmed the ordinance does not require a 24-hour house manager to be onsite but only to be available within 45 minutes of the call to address City Council Minutes of September 15, 2020 Page 14 of 33 any issues. Council Member O'Neil thanked the staff for their work on this long process and was pleased Anaheim was getting ahead of the issue. Mayor Pro Tem Faessel thanked Council Member Moreno for eloquently explaining the concern expressed to him by his District 2 neighbors. He expressed support for taking action on the item. MOTION: Council Member Barnes moved to continue Item No. 23 to October 6, 2020, seconded by Council Member Moreno. ROLL CALL VOTE: AYES — 2 (Council Members Barnes and Moreno); NOES — 4 (Mayor Sidhu and Council Members Faessel, Kring, and O'Neil); ABSTAIN -1 (Council Member Brandman). Motion failed. MOTION: Mayor Pro Tem Faessel moved to introduce the ordinance as presented, seconded by Council Member Kring. DISCUSSION: Mayor Sidhu thanked City Council for the great discussion on the item. He noted it was a difficult balance to be supportive of environments for people to recover from alcohol and drug addiction and to also respect residential neighborhoods. He felt the ordinance has done a great job in balancing concerns and was modeled after other jurisdictions in Orange County that have imposed reasonable standards on these types of facilities and have withstood judicial scrutiny. He expressed support for the item. Council Member Moreno reported he would be abstaining on the item and expressed concern that neither he nor Council Member Barnes was including in the crafting of the ordinance. He expressed concern for the legal aspects around the ordinance and could not support it as introduced. MOTION: Mayor Pro Tem Faessel moved to introduce ORDINANCE NO. 6493 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapters 18.04 (Single -Family Residential Zones); 18.06 (Multiple -Family Residential Zones); 18.08 (Commercial Zones); 18.14 (Public and Special -Purpose Zones); 18.16 (Regulatory Permits); 18.22 (Brookhurst Commercial Corridor (BCC) Overlay Zone); 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone; 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.92 (Definitions); 18.112 (Mountain Park Specific Plan No. 90-4 (SP 90-4) Zoning and Development Standards); 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards); 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards); and 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of the Anaheim Municipal Code and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and it is not a project, as defined in Section 15378 of the CEQA Guidelines (Zoning Code Amendment No. 2020-00170; DEV2020-00002; includes determination that the ordinance is categorically exempt under Section 15301 of the CEQA guidelines; to provide standards and regulations for unlicensed community care facilities and sober living homes that are not operating as a single housekeeping unit), seconded by Council Member Kring. ROLL CALL VOTE: AYES — 5 (Mayor Sidhu and Council Members Faessel, Brandman, Kring, and O'Neil); NOES — 0; ABSTAIN — 2 (Council Members Barnes and Moreno). Motion carried; ordinance introduced. City Council Minutes of September 15, 2020 Page 15 of 33 D116 25. Review the Housing Ad Hoc Committee Report and direct staff to work with the Ad Hoc Committee to finalize and implement an update to the Affordable Housing Action Plan approved by City Council in 2018. Deputy City Manager David Belmer reported there is a current statewide housing shortage in California and noted City Council has had numerous discussions regarding housing affordability and policies. He advised Council Member O'Neil proposed an Ad Hoc committee to focus on actions and policies that may be undertaken by the City to facilitate and increase the supply of housing and thereby help address housing affordability, with Council Member Kring and Mayor Pro Tem Faessel volunteering to participate. He noted staff provided technical support to committee members. Lastly, he advised Council Member O'Neil indicated his preference for actions that were market-driven and incentive -based. Mr. Belmer provided a brief history of past housing efforts and noted a successful history of being committed to housing and affordable housing through progressive land -use policies, streamlined development processes, and providing financial assistance for affordable housing developments principally through the Anaheim Housing Authority. Mr. Belmer reported, in 2005, the former Redevelopment Agency adopted the Affordable Housing Strategic Plan which set a goal of 1,200 affordable housing units which was met and was working on a more ambitious goal, which likely would have been achieved but for the elimination of redevelopment and its designated source of housing funds. He noted other examples of the City's commitment to affordable housing including the Homelessness Task Force and embracing the "housing first" model. He reported the Anaheim Housing Authority continues to deliver quality products such as the Orangewood and Manchester project and the EI Verano senior affordable project. Mr. Belmer reported the Affordable Housing Action Plan was adopted in 2018 and the Senior Safety Net Program was adopted in 2020, which was initiated by Council Member O'Neil. He advised the Senior Safety Net Program assists seniors who are faced with potential homelessness or housing hardships. He reported the Mayor's Economic Recovery Plan provided almost $5,000,000 to those in need during the COVD-19 pandemic. Mr. Belmer reported there are external factors that influence housing development and policy including the State legislative environment, the requirements of the California Environmental Quality Act (CEQA), and the Regional Housing Needs Assessment (RHNA) process. He advised neighborhood concerns are also a challenge when proposing housing to existing neighborhoods. Mr. Belmer reported the Ad Hoc committee made it a priority to engage stakeholders in roundtable discussions to receive input and perspective, with the first meeting being held in April. He advised stakeholders included apartment owners and realtor associations, the Building Industry Association (BIA), various nonprofit organizations, affordable housing developers and operators, as well as market -rate developers. He noted the Ad Hoc committee held a telephone conference with the City's State Legislative Advocate to gain an understanding of State legislative initiatives related to housing and options for sponsoring potential CEQA reforms to facilitate all housing, including affordable housing projects. Mr. Belmer reported the roundtables were instructive, productive, and held in a collaborative environment. He advised key observations include affordable housing is a complicated policy issue, the Housing Authority is a great asset, the City should continue its commitment to innovation and creativity, access to capital and creative forms of financing are essential, time and certainty are City Council Minutes of September 15, 2020 Page 16 of 33 important to developers, there is a need to critically evaluate the zoning code, timing is opportune to address affordable housing given the pending update to the City's Housing Element, and the Action Plan adopted in 2018 is a solid foundation. Mr. Belmer explained the 2018 Affordable Housing Action Plan is a series of action items grouped around categories, which include such things as Regulatory Relief, Process -Based Incentives, Middle -Income Housing Programs, creating an Affordable Housing Ambassador program, and providing easier access to affordable housing funding sources for residents. He noted the associated resolution affirmed that affordable housing is a priority in Anaheim and requires the City engage with developers to work cooperatively with the City on housing and housing affordability. Mr. Belmer provided a brief overview of the update and expansion of the 2018 Affordable Housing Action Plan. He advised the updated plan, which is being presented for the City Council's consideration, incorporates the committee's recommendations which are based on stakeholder input. He reported seven items from the 2018 plan remain unchanged, four items were updated or augmented, and five new items were added to the plan. He provided a brief overview of the changes which include updating the title to "Housing and Affordable Housing Action Plan", continuing to critically and creatively evaluate the City's zoning code, consider expanding the Fee Deferral Program, continue the City's ongoing dialogue with the BIA, host roundtables to foster a dialogue between non-profit agencies and market -rate developers, expand the Affordable Housing Ambassador Program, pursue creative funding and financing opportunities, prepare an ordinance to allow residential development in commercial zones, explore opportunities for City -initiated "master EIRs", and pursue CEQA reforms to facilitate housing development and shorten the entitlement review process. Mr. Belmer reported the updated Action Plan includes a broad spectrum of items that affirm the City's commitment to being "housing friendly". He noted the staff report is focused mostly on incentive - based approaches where the City is doing its part for developers to come in and pursue and propose housing. He believed this to be part of an ongoing conversation where the Action Plan would be revisited, along with a continued dialogue with stakeholders, for future City Council consideration. DISCUSSION: Council Member O'Neil thanked all the staff involved for their efforts over the last 16 to 18 months. He also thanked Mayor Pro Tem Faessel and Council Member Kring for their efforts. He explained it was important to note the report is an action plan of where the City is now and not a final housing policy. He noted it is an action plan developed in collaboration with staff and stakeholder groups to help accelerate housing production at all levels with the overarching goal of increasing the supply to thereby bring down the cost of housing at all levels. He advised many of the items will require ordinance changes and City Council approval to move forward. He stated his intention to agendize the plan recommendations during Council Communications with the understanding staff needs the flexibility to bring the items forward in a manner appropriate and strategic for them as they work to certify the Housing Element. Council Member Kring thanked the previous and current Housing Committee Members for their work. She expressed her support for the item and noted it was a great first step for affordable housing. She thanked staff for their hard work bringing the item forward. Mayor Pro Tem Faessel thanked all staff for their efforts on the item. He acknowledged the importance of housing. He noted the report acknowledged the City is doing quite a few things right. He was pleased to see the diversity amongst the stakeholder groups. He acknowledged this is probably not a final document but certainly very workable and builds on the great work the City has done up to this point. City Council Minutes of September 15, 2020 Page 17 of 33 Council Member Barnes would like to have heard the presentations and wished the staff all the best in getting this completed. Council Member Brandman thanked the Ad Hoc Committee for their work and Council Member Moreno thanked staff for their work on the item. In response to Council Member Moreno's inquiry, Mr. Belmer explained there was not a specific numerical goal of how many affordable housing units would be expected to be developed as a result of modifying the Action Plan. He explained this was a general plan to ensure the City was doing all it could do and have a well -thought-out plan to make it easier for developers to create units. He also noted it reinforces to the development community that affordable housing and housing is a priority for the City. He further explained the City does not have a Commercial Conversion Ordinance in its toolbox today and that would involve a General Plan amendment and zone change. He advised they are envisioning something similar to the Motel Conversion Ordinance, where the developer would have the option to introduce residential under specific circumstances and conditions where it would not necessitate a General Plan amendment and zone change. In response to Council Member Moreno's inquiry, Mr. Belmer explained the Master EIR is conceptually designed at this point but some areas may be good candidates for potential conversion of housing. He further explained, if the area is a good candidate for conversion and is approved, it wouid negate the need to prepare environmentai documents. In response to Council Member Moreno's inquiry, Mr. Belmer confirmed the Master EIR would help developers avoid risks in these types of housing development ventures. He explained the City has considerable experience in preparing environmental documents so it would make it easier for the area to convert if a Master EIR was available. Council Member Moreno noted this was not purely a market-driven approach. In response to Council Member Moreno's inquiry, Mr. Belmer explained it is more challenging for cities to deliver very low and low-income units because of the associated costs. He noted Irvine has a unique situation because it is owned by the Irvine Company and is ranch development. He acknowledged Anaheim has been very successful in producing above -moderate units but believed that every house built helps address affordability issues because the supply side of the equation is being addressed. In response to Council Member Moreno's inquiry, Mr. Belmer explained he has a general understanding of Santa Ana's Inclusionary Housing Policy, which has become high over time and has become an impediment, so they are looking to take the fee down to the level it was when it was first adopted. He could not confirm not comment if Santa Ana had produced significantly more very -low and low-income units than Anaheim. Council Member Moreno advised the Kennedy Commission letter referred to the fact that Irvine and Santa Ana have been able to build significantly more very -low and low-income housing units in comparison to Anaheim. He advised they sent a letter to City Council and noted they sent the same letter to the Ad Hoc Committee over one year ago. He stated in the letter they provided policy and program recommendations that have not been implemented or incorporated into the Affordable Housing Action Plan currently being reviewed. Lastly, he noted the letter states it is not surprising that the production imbalance between lower and above -moderate income housing exists. City Council Minutes of September 15, 2020 Page 18 of 33 In response to Council Member Moreno's inquiry, Mr. Belmer explained the Kennedy Commission was invited to the round tables and the City has an ongoing dialogue with them and would like to continue that dialogue. He did not share the view that their recommendations were not included. He cited their recommendation of exploring creative land use and zoning policies that facilitate the development of affordable housing and supporting legislation that removes CEQA requirements for affordable housing is included in the Action Plan. He believes the divide centers around the issue of an inclusionary policy. Council Member Moreno cited the more specific recommendation from the letter of suggesting legislative fixes to CEQA to allow affordable housing units to be developed. Mr. Belmer cited one of the recommendations in CEQA is to sponsor and promote legislation that creates a relationship between State affordable housing funds and the RHNA allocation which is directly related to affordable housing. He felt there were many consistencies in the Action Plan with that of the Kennedy Commission who has been a fan of what the City has done with its affordable housing inventory. He believed the biggest divide centers around the issue of an inclusionary policy, which has not been the Ad Hoc Committee's approach. Council Member Moreno stated he wanted to ensure that stakeholder recommendations are considered and presented to the City Council. He was confident staff has worked extremely hard to provide quality affordable housing within the parameters. He expressed concern that the Action Plan was calling for a general housing plan. He reported the topic came to the City's attention through his requested workshops for the City on rent spikes in Anaheim. He noted that while Anaheim is producing a good supply of housing market levels, the average rent has increased in Anaheim. Council Member O'Neil confirmed the Ad Hoc Committee did not have an appetite for inclusionary policies. He noted that suggesting an item during a roundtable discussion does not mean it will be adopted and included in the report. He explained the Ad Hoc Committee ultimately decided what it felt was in the best interests of the City, residents, and stakeholders to achieve the overarching goal of increasing the housing supply at all levels and thereby bringing down the cost with regards to rent. He advised that several different avenues of market-based approaches for rental assistance programs were explored, but the State's action in enacting rent control eliminated that need. He reported that the Ad Hoc Committee and staff heard from stakeholders that they were so appreciative to even have the discussion and noted their partnership is valued. MOTION: Council Member O'Neil moved to approve the updates to the Affordable Housing Action plan as presented by staff and included as reference in the staff report, seconded by Council Member Kring. DISCUSSION: In response to Mayor Pro Tem Faessel's inquiry, Mr. Belmer reported the public investment has been staggering over time to create affordable housing and is on average $200,000 per unit. He explained if that is multiplied out against the current RHNA numbers it is over $1 billion. He advised, in light of that staggering number, the City would continue to be committed to affordable housing and doing the best to deliver housing the community needs which is aligned with the Housing Element. He noted most private market developers are generally not in the affordable housing business and usually look to opt -out by paying a fee to the Affordable Housing Fund. Mayor Pro Tem Faessel pointed out that affordable housing is expensive and believed his colleagues can agree on that point. He noted there were several great affordable programs in District 5. Council Member Kring confirmed she has no appetite for inclusionary housing and hoped the new City Council agreed. She reported the big concern for developers is that time is money and they City Council Minutes of September 15, 2020 Page 19 of 33 would like to see regulations loosened so they can get to the Planning Commission and City Council much more quickly. She noted with skyrocketing land costs, there would have to be increased density. In response to Council Member Barnes's inquiry, Mr. Belmer confirmed city -owned sites were reviewed and were not included in the matrix as those properties belong to the Housing Authority. He advised there are several parcels in and around the community that were previously or recently acquired by the Housing Authority and confirmed affordable housing will be a required component of all those projects. Council Member Barnes requested the inventory and some development dates be included in the report so developers can start visualizing the site. She applauded the Kennedy Commission for keeping the City on target and recommending the City explore market-driven policies. She would like to see an inclusionary policy included in the next round. In response to Council Member Moreno's inquiry, Mr. Belmer reported the City has not studied other cities with extreme detail but can do so at City Council's direction. He noted he recently heard from a colleague who had read the 2018 Action Plan looking to explore incentive -based options to marry with their inclusionary housing policy because they are concerned it has become an impediment. He does not believe any other city in the County of Orange is doing what Anaheim's Housing Authority is doing for affordable housing. He explained staff would need to do a deeper dive if City Council wants to understand how Anaheim is doing in comparison with other cities and investigate if can be linked to cause and effect. Council Member Moreno stated he would have hoped the Ad Hoc Committee would have reviewed the promising practices of other cities, especially Irvine and Santa Ana. He explained that developers want consistency and a policy in place that allows them to bid for land in a way that is on equal terms with others. He would like to see how a mix of inclusionary housing and a market-driven approach may work. He believed the Kennedy Commission's concern was that this was an imbalanced approach. He believed Anaheim's problem is affordability. Council Member Moreno reported the proposed deal with SRB Management requires the City to reduce the price of land by $124,000,000 for 466 units, which is approximately $250,000 per unit. He advised the cost of not having affordable housing is overcrowded housing, an impact on kids, schools, and their education, and an impact on social and public health. He noted if the City had an inclusionary housing policy, SRB Management would have had to build the housing by ordinance. He suggested the City could keep part of the 150 acres to develop affordable housing. He believed the Action Plan does not have numerical goals or a timeline of expected outcomes. In response to Council Member Moreno's inquiry, Mr. Belmer reported they know $415,000 will be deposited by developers into the City's Affordable Housing Fund. Council. Member Moreno explained that would build two affordable housing units given the numbers provided. He believed an inclusionary housing policy would accelerate affordable housing development at the level needed in Anaheim given the RHNA numbers. Council Member Moreno suggested working with Council Member O'Neil to develop a good mix of market-driven and inclusionary housing policies and noted, if there is going to be a General Plan amendment, there should be an affordable housing component included. He believed they could work together to develop something powerful for Anaheim. City Council Minutes of September 15, 2020 Page 20 of 33 Mayor Sidhu advised the supply and affordability of housing at all levels is one of the most critical issues facing Anaheim and is getting increased scrutiny from the State's regional bodies as well. He believed the Ad Hoc Committee has done solid work in starting to update City policies to address the fact that the housing supply and affordability across all income categories is an issue that needs to stay at the top of our agenda and noted this item is simply a start. He advised some of the items will require subsequent action from the City Council to adopt and expressed support for the recommendation. Council Member Moreno requested clarification of the motion as he believed it was only to approve the name change. City Clerk Theresa Bass advised her understanding of Council Member O'Neil's motion was to approve the update to the name and the recommended changes as presented by staff to the Affordable Housing Action Plan. Council Member Moreno requested a point of clarification. Council Member O'Neil advised the attachment to the staff report had several redlined amendments to the Affordable Action Housing Plan. He noted the title and several different items were amended and many new items were added which were all included in the staff report for review. Council Member O'Neil clarified he would be separately agendizing the specific items the City Council would need to amend the Housing Action Plan that would require further counsel, review, and approval. Council Member Moreno believed Anaheim needs a concentrated, focused effort on affordable housing at extremely low and low-income levels as it is already doing extraordinarily well with market - rate housing. He agreed with the Kennedy Commission that the Affordable Housing Action Plan is imbalanced and noted his abstention from the vote. MOTION: Council Member O'Neil moved to approve the updates to the Affordable Housing Action Plan as presented by staff and included as reference in the staff report, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil); NOES — 0; ABSTAIN — 1 (Council Member Moreno). Motion carried. D116 26. Update on the City's response to COVID-19. DISCUSSION: Mayor Sidhu provided opening remarks by thanking residents and businesses for doing their part in continuing to help control the spread of COVID-19. He reported Orange County has moved from the Purple Tier to the Red Tier, which reflects the hard work everyone is doing to maintain best practices. He noted the move from purple to red means Anaheim can slowly start to reopen. He advised that inside dining may be allowed after two weeks. He looked forward to local school districts deciding to safely reopen schools and noted the City will partner with them in that process as it did with approving the Income -Qualified Internet Assistance Rebate Program to assist with students connecting and learning from home. Mayor Sidhu encouraged residents to continue to maintain best practices so Orange County can move towards the Orange and Yellow Tiers. He noted this week is the six-month anniversary of Disneyland and the Anaheim Resort closing and there is no question of the value it brings to the City in terms of job creation and tax revenue generation. He reported Anaheim has almost 25,000 residents out of work and in Orange County it is close to 300,000. He reported the City faces a $100,000,000 deficit that grows every week the resort is not open and will threaten the City's ability to provide police services, fire protection, park maintenance, fix streets, and other essential City services residents expect. City Council Minutes of September 15, 2020 Page 21 of 33 Mayor Sidhu reported the State has issued healthcare guidelines for almost every part of the economy but noted no guidance has been given for California's amusement parks. He expects Disneyland to follow strict guidelines and noted that opening Disneyland will help save hundreds of small businesses, tens of thousands of jobs, and making sure Anaheim can provide basic municipal services without going broke. He invited Governor Newsom to come to Anaheim to see the economic ruins and see the safety protocols in place at Downtown Disney to help him issue theme park guidelines to give Anaheim a chance to recover. He did not understand why no guidelines have been issued. Mayor Sidhu reported participation in the City's large-scale mask distribution event at Magnolia Baptist Church on September 9 and advised another mask giveaway will be held on September 16 from 4:00 p.m. to 8:00 p.m. at Anaheim First Christian Church. Fire Chief Pat Russell reported the Emergency Operations Center (EOC) remains open at Level 3, which means it is open Monday through Thursday from 8:00 a.m. to 5:00 p.m. with approximately 12 staff members throughout various city departments working remotely to support the city and the citizens' needs. He reported the City is supporting the County's efforts to advertise testing and appointment availability over the weekends for testing at the Anaheim Convention Center. He reported COVID-19 cases, including hospitalization and the positivity rate, continued to turn downward. Fire Chief Russell reported Orange County moved to the Red Tier on September 8 and certain businesses and organizations were allowed to reopen with specific parameters. He noted if the downward trend continues, school districts may reopen for in-person instruction on September 22 at their discretion. He reported the City held a mask distribution on September 9 at Magnolia Baptist Church and noted approximately 500 vehicles passed through the distribution event. He advised the next event is scheduled for September 16 at Anaheim First Christian Church from 4:00 p.m. to 8:00 p.m. He stressed the importance of exercising these Point of Distribution (POD) sites in preparation for mass distribution for the vaccine once it is approved by the Centers for Disease Control and Prevention (CDC). Fire Chief Russell reported Anaheim Fire and EMS are maintaining communications with all the skilled nursing facilities and homeless shelters to monitor potential exposure and ensuring personnel follow CDC and Orange County Health guidelines in regards to patient treatment and personal exposure. He reported they are still working on tracing and tracking employees who have tested positive for COVID-19. He advised the Anaheim Police Department (APD) Operations Center is open and noted they are still handling all calls for service. Lastly, he noted APD is assisting in POD mask distribution events. Fire Chief Russell reported the EOC continues to monitor food distribution sites, updating the food map, and continuing senior meals on Tuesdays and Thursdays. He reported the East Anaheim and Brookhurst Community Centers continue to receive food donations. He noted youth sports, distance learning, and after-school activities are reopened with several programs on September 14. Fire Chief Russell reported the Anaheim Community Foundation (ACF) would offer new funding opportunities in late September or early October. He advised the EOC is continuing to monitor the number of available beds in the emergency shelters and noted the current occupancy is 221. He noted there are 104 shelter beds and 88 isolation beds available. He reported safety protocols are constantly being monitored in all of the shelters including monitoring both clients and staff for COVID- 19 exposures. He reported Code Enforcement is maintaining statistics for all unauthorized business activity and advised there have been 405 cases since March with 166 notice of violation letters being City Council Minutes of September 15, 2020 Page 22 of 33 issued for unauthorized business activity. Lastly, he reported 119 reopening plans have been reviewed. Chief Communications Officer Mike Lyster reported there are 7.1 average daily new cases but explained it is based on the County's conservative numbers and the number is likely lower because of subtle differences between how the county applies cases reported each day to a specific date. He reported the City is at a positivity rate that is much more accurate and in sync with the County which is within the band for Tier 2. He noted there is a pronounced decline in the number of weekly cases. Lastly, he provided an overview of Anaheim cases by zip code and noted there is a very pronounced drop in cases and positivity rates with most zip codes being within or very near Tier 2 limits. Deputy City Manager Greg Garcia reported the State of California and the federal government have come out with their own rules regarding moratoriums on evictions throughout the state and nation. He advised those rules have been posted on the City's website and staff has updated the City's factsheet to reflect the protections that are in place and available to Anaheim residents moving forward through at least December, as those rules now supersede any Anaheim protections. Mr. Garcia reported the Rental Housing Assistance Program continues to move forward and noted additional funding has been allocated. He advised the City plans to reopen the program to the community at the end of this month and noted staff will start communicating with nonprofits and other stakeholder partners to get the word out to residents who may benefit from that program. He thanked City Council for approving the Income -Qualified Internet Assistance Rebate Program and believed it will be a great tool for helping the community. He reported the ACF is putting together the final pieces for the next round of funding and anticipate they will be launching that effort in the next few weeks. Mr. Garcia provided an update on federal stimulus funds and noted there seems to be an impasse in Washington but is encouraged to hear there is a bipartisan group that is still working towards a solution. Lastly, he reported there were currently no City employees who were currently positive with COVID-19. He thanked staff for all the protections that have been put in place to make sure that customers are safe and thanked the employees for being responsible. Lastly, he advised the City continues to push the message to residents to wear a mask, avoid large gatherings, and remain vigilant during the pandemic, and hopefully, the numbers will continue to go down. Council Member Moreno thanked staff for the COVID-19 update by zip code and thanked community partners for getting the word out to remind people how critical it is to stop the spread of COVID-19. He was hopeful more people would become aware of the different relief programs available so they can continue to shelter in place as much as they can to sustain this trend. In response to Council Member Moreno's inquiries, Mr. Lyster reported he believed the upward trend in COVID-19 cases in the 92808 zip code was due to increased testing in the area but they will continue monitoring the data to make sure the trend does not become more alarming. He believed there was an overall increase in testing which was reflected in the numbers although he did indicate it was possible that testing had been lagging or being tested through their insurance. Council Member Moreno believed the local economy may be over -dependent on the Anaheim Resort and would like to think about how to diversify the local economy. In response to Council Member Moreno's inquiry, City Manager Jim Vanderpool reported the City was seeking guidance and metrics from the State to provide to the public and City Council how to safely reopen the Resort Area when the timing is right. He advised the Orange County Register was incorrect in reporting the City was requesting Governor Newsom allow the Anaheim Resort to open. City Council Minutes of September 15, 2020 Page 23 of 33 Council Member Moreno requested a copy of the letter sent to Governor Newsom because he thinks the Orange County Register has misrepresented the intent and created a lot of anxiety and hope. He believed the City Council should have been notified of the communication and should have been able to discuss the issue. Council Member Moreno reported he has been asking that City Council meet via videoconference and allow the public to speak directly with the City Council or just go back to the Council Chamber, which has already been retrofitted with safety equipment. In response to Council Member Moreno's inquiry, Mayor Sidhu explained the City Council is following state guidelines and are in compliance for conducting meetings. Council Member Moreno expressed concern that Mayor Sidhu was asking the Governor for assistance in opening the City but refuses to open the City Council Chamber. Council Member Moreno advised several other boards were meeting in person and advised, that under the current rules, Governor Newsom would not be able to meet with City Council. In response to Council Member Barnes, Mr. Garcia reported funding was submitted to Visit Anaheim and they have used it to do some basic marketing to try to keep things in place and reschedule conferences. He advised the majority of the funding has been held to wait for the right time to do a full-blown marketing plan, which was always part of the proposal but he did not have specific figures as to what was spent. He advised he would reach out to Visit Anaheim to obtain an exact amount of funding that is being held for the future marketing plan. Council Member Barnes thanked Fire Chief Russell for his service at the EOC along with the entire EOC staff. She recommended looking at items in the City Council budget that will not be used and see how they can be used for the community and asked it be brought forward. Council Member O'Neil thanked Mayor Sidhu for appealing to Governor Newsom on how to open the Anaheim Resort safely. Council Member Moreno noted he was surprised to hear that Visit Anaheim was holding the money, as he understood there was a sense of urgency in getting them the $6,500,000. He advised that former City Manager Chris Zapata had suggested not providing them the full amount but to instead determine how, when, and why to provide the money for which he ultimately lost his job. In response to Council Member Moreno's inquiry, Mr. Garcia reported the Rent Relief Program funds were currently being distributed to needy residents. He advised approximately 900 applications were approved for the first round of Rent Relief Program funds but he would send Council Member Moreno more detailed numbers. Council Member Moreno reported the City is receiving good information from ACF that is helpful. He concurred with Council Member Barnes's request to look at the City Council budget and determine if any additional funding can be used for the Anaheim community. In response to Council Member Moreno's inquiry, Mr. Lyster reported the City's primary communication effort is through social media and the primary focus is on the Spanish language because of its predominance as the second most common language in the City with updates being provided weekly. Council Member Moreno advised he will provide an email to Mr. Lyster to connect with a company that has worked with the school district and in other areas of the City to assist with social media messing to the Vietnamese, Korean, and other Asian -speaking communities in Anaheim. City Council Minutes of September 15, 2020 Page 24 of 33 In response to Council Member Moreno's inquiry, Mr. Vanderpool reported staff looks to City Council for direction on how to conduct its meetings. Mr. Garcia reported the Police Review Board itself explored different meeting options and decided to try the online meetings. He noted every commission and board addresses their meeting preferences. Council Member Moreno requested to discuss this separately with Mr. Garcia. Mr. Lyster advised the City would also like to see guidelines for the Anaheim Convention Center as it also plays a very vital role and it would be very encouraging for an economic recovery roadmap. He noted the City would also like to see events resume in a more normal fashion at both the stadium and the arena, but know it will be some time before such guidance is received. In response to Council Member Moreno's inquiry, Mr. Garcia advised it was safe to say that staff has been working with State officials and stakeholders and representatives for guidance for the Anaheim Resort, Disneyland, Angel Stadium, the Honda Center, and the Anaheim Convention Center. Informational item - No action taken. At 9:51 P.M., Mayor Sidhu recessed the Anaheim City Council at and reconvened at 10:01 P.M. PUBLIC HEARING: C350 27. MITIGATED NEGATIVE DECLARATION C410 GENERAL PLAN AMENDMENT NO. 2019-00529 C420 SPECIFIC PLAN AMENDMENT NO.16 TO THE ANAHEIM RESORT SPECIFIC PLAN C220 (SPN92-2Y) MINOR CONDITIONAL USE PERMIT NO. 2019-06041 VARIANCE NO. 2020-05132 FINAL SITE PLAN NO. 2019-00001 ADMINISTRATIVE ADJUSTMENT NO. 2019-00437 (DEV2019-00148) OWNER: Sean Namvar, FDC Trust LLC, 3415 S. Sepulveda Blvd. Suite 400, Los Angeles, CA 90034 APPLICANT: Clay Cheek, RH Anaheim Barn, LLC, 745 Merchant Street, Los Angeles, CA 90021 PROJECT LOCATION: The proposed project is located at 1730 South Clementine Street, approximately 600 feet north of Katella Avenue. REQUEST: The applicant requests a General Plan Amendment and Specific Plan Amendment to create a new density category for the Anaheim Resort Specific Plan (ARSP) (SP92-2); Minor Conditional Use Permit to allow valet parking; Variance to allow a narrower landscaped street setback than required by the Code; Final Site Plan to confirm the project complies with the ARSP; and Administrative Adjustment for a reduction in the number of parking spaces required by the code. The proposed project includes demolition of a vacant industrial building and construction of a six -story, 125 -room hotel. The hotel would include a rooftop pool, guest lounge, fitness room, small market and cafe. ENVIRONMENTAL DE_TERMINATIO_N: The City Council will consider whether a Mitigated Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of a Mitigated Negative Declaration (PC2020-030, per the revised resolution as submitted by staff), General Plan Amendment No. 2019-00529 (PC2020-031), Specific City Council Minutes of September 15, 2020 Page 25 of 33 Plan Amendment No. 16 to the Anaheim Resort Specific Plan (PC2020-032), Minor Conditional Use Permit No. 2019-06041, Variance No. 2020-05132, Final Site Plan No. 2019- 00001, and Administrative Adjustment No. 2019-00437 (PC2020-033, per the revised resolution as submitted by staff and with modifications to the conditions of approval as stated during the public hearing). VOTE: 6-1 (Chairperson Keys and Commissioners Armstrong, Lieberman, Meeks, Mulleady, and Vadodaria voted yes. Commissioner White voted no.) (Planning Commission meeting of August 17, 2020). RESOLUTION NO. 2020-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to adopt a Mitigated Negative Declaration for proposed General Plan Amendment No. 2019-00529, Specific Plan Amendment No. 16 to the Anaheim Resort Specific Plan (SPN92-2Y), Minor Conditional Use Permit No. 2019-06041, Variance No. 2020- 05132, Final Site Plan No. 2019-00001, and Administrative Adjustment No. 2019-00437 (DEV2019-00148) (1730 South Clementine Street). RESOLUTION NO. 2020-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim and making findings in connection therewith (General Plan Amendment No. 2019-00529; DEV2019-00148) (1730 South Clementine Street). RESOLUTION NO. 2020-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Minor Conditional Use Permit No. 2019-06041, Variance No. 2020- 05132, Final Site Plan No. 2019-00001, and Administrative Adjustment No. 2019-00437 and making certain findings in connection therewith (DEV2019-00148) (1730 South Clementine Street). ORDINANCE NO. 6494 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending portions of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 of the Anaheim Municipal Code and the Anaheim Resort Specific Plan 92-2 (Amendment No. 16 to the Anaheim Resort Specific Plan). Planning and Building Director Ted White reported the item is a request for multiple entitlements to construct a 125 -room hotel in the Anaheim Resort. He advised the Planning Commission recommended City Council approval of the project and all associated entitlements by a 6-1 vote. Mr. White provided a brief overview of the site and advised it is .68 acres and consists of a vacant industrial building and surface parking areas. He advised the site is located within the Commercial Recreation district of the Anaheim Resort Specific Plan and is within the medium density designation or category and provided surrounding land uses. He reported the applicant proposes to construct a six -story, 125 -room boutique hotel. He advised vehicular circulation, including valet drop off and pick up areas, will be located on the north side of the property; except for four accessible parking spaces all proposed parking would be operated by a valet attendant. Mr. White reported the applicant requests several entitlements to construct the hotel including General Plan and Specific Plan amendments to create a new density category called Medium Density (Modified), a Minor Conditional Use Permit for valet parking, a Variance for a narrower street setback, a Final Site Plan to confirm compliance with standards of the Anaheim Resort Specific Plan, and an Administrative Adjustment for reduced parking. Mr. White reported the applicant is requesting approval of a new density category for the project site. He advised the General Plan would identify this new density category as "Medium Density (Modified City Council Minutes of September 15, 2020 Page 26 of 33 A)" and permit a maximum density of up to 127 rooms to accommodate the proposed 125 rooms and 870 square feet of accessory commercial uses. He reported the proposed amendment to the General Plan maintains the internal consistency of the plan since there is no proposed change in land use and is consistent with the General Plan designations of the surrounding properties. He reported the Initial Study prepared to support the proposed Mitigated Negative Declaration for the proposed project analyzed the effects of the development of up to 127 rooms on the project site and concluded that the infrastructure capacity is sufficient to accommodate the proposed density increase. Mr. White reported the amendment to the Anaheim Resort Specific Plan would also create the Medium Density (Modified A) category to accommodate the proposed project. He advised the amendment maintains and contributes to the balance of the land uses within the City by encouraging tourism and entertainment -related industries in an area of the City specifically designated for this type of development. Mr. White reported the applicant proposes to utilize valet parking as its sole parking option for guests to maximize parking spaces within the structure, with the majority of the parking spaces within a mechanical stacker system that would be the first of its kind in the City. He advised the City's Traffic Engineer approved the proposed valet operations plan, which identifies the paths of travel for valet attendants, and confirms that only valet attendants would be able to access the rear parking area. Mr. White reported the Anaheim Municipal Code requires a 20 -foot wide landscaped setback for buildings up to 75 feet tall. He advised the applicant proposed a 10 -foot setback where the outdoor seating area is proposed and a 16 -foot setback to the building. He noted that staff believes that there are special circumstances applicable to this property due to the small size of the lot and the request would be consistent with the setback of hotel properties to the north and south, which have 10 -foot setbacks. Mr. White reported an Administrative Adjustment is required for parking and the applicant is requesting a deviation for the number of spaces required by the Code. He advised the project requires 107 parking spaces and 86 spaces are proposed. He advised a parking study was analyzed for the proposed number of parking spaces and the conclusion was that there would be a sufficient number of parking spaces to accommodate all visitors to the site. Mr. White reported staff reviewed the proposal and has determined that except for the aforementioned setback variance and parking variance, the project complies with all applicable standards of the Anaheim Resort Specific Plan and therefore is supportive of the final site plan. He advised an Initial Study (IS) was prepared to evaluate the environmental impacts of the project, which determined a Mitigated Negative Declaration (MND) could be prepared for the project. Lastly, he reported staff recommends approval of the entitlements required to facilitate the development of the hotel. DISCUSSION: Council Member Moreno reported ex parte communications with the developer. In response to Council Member Moreno's inquiry, Mr. White clarified the room size is not a concern for the City. Project Planner Elaine Thienprasiddhi reported the hotel does have slightly smaller hotel rooms than typically seen in the resort because typically hotels gear their rooms for larger families. She advised the room is 12 feet wide by 24 feet deep which is enough room for a restroom, bed, television, and chair but noted there is not a lot of common space in the room. She noted the idea is that the amenities would be throughout the hotel and customers would be staying at the hotel would be enjoying amenities throughout the resort area as well. Mr. White recommended the applicant speak to its business model in regards to the room size. City Council Minutes of September 15, 2020 Page 27 of 33 In response to Council Member Moreno's inquiry, Mr. White reported there are similar densities of approximately 125 rooms per acre in other areas of the resort but this would be exclusive to this property for this area as a modified density. Mr. White advised the environmental reports in the Anaheim Resort Specific Plan were set up to plan out the infrastructure and facilitate the development of hotels. He noted hotels can come to the resort area and build with typically only requiring a Final Site Plan. He advised, in this case, the applicant was required to go through significant environmental analysis as well as a General Plan Amendment and a Specific Plan Amendment to accommodate it. He reported the IS/MND had a series of technical studies that were produced to confirm the infrastructure could handle the project. He advised the actual number of rooms is fairly minimal in terms of the infrastructure impact and there is significant infrastructure capacity to handle this request. In response to Council Member Moreno's inquiry, Mr. White advised this is a fairly unique parcel with a unique business model and noted staff does not see a lot of requirements for a modified standard like this. He reported staff would continue to look for trends and shifts in market demands for this type of smaller hotel. In response to Council Member Barnes's inquiry, Principal Planner Susan Kim reported the area around the Anaheim Convention Center sees hotels with 125 rooms per acre. She noted this is a location where there are more high-rise hotels and noted density increases towards the 1-5 Freeway. She advised the Hyatt House and the Hilton would be examples of high-density hotels. Mr. White clarified the property would be next to a 12 -story timeshare project and immediately across the street from a 13 -story J.W. Marriott property. He clarified the proposed project has parking, just a different form of parking in that it would be full valet. In response to Council Member Barnes's inquiry, Mr. White reported the Fire & Rescue Department has fully reviewed the project and did not have any concerns about the safety of the building. Ms. Thienprasiddhi reported the parking adjustments being requested for this project were the same ratio that was recently approved for the project that Ms. Kim mentioned further north on Manchester Avenue referenced as a Dual Hilton that is two brands within a single building. In response to Council Member Barnes's inquiry, Mr. White reported he was excited about the use of technology to provide a more efficient building footprint and noted parking is a colossal expense and inefficient use of land. He noted, as a planner, it is an exciting project and unique for the area. In response to Council Member Barnes's inquiries, Mr. White reported the building will meet all fire and building codes. He suggested Council Member Barnes ask the applicant about occupancy but believed there was a single double bed in each room. Mayor Sidhu, Mayor Pro Tem Faessel, and Council Members Barnes, Brandman, Kring, Moreno, and O'Neil reported ex parte communications with the applicant. Mayor Sidhu opened the public hearing. Mr. Clay Cheek, applicant, thanked the City Council for considering the project, thanked staff for their hard work, and thanked the Planninq Commission for recommending approval. He reported he is with a small development partnership in Los Angeles which has developed several unique hotels. Mr. Cheek reported the project has smaller rooms than many of the hotel hotels in the area and noted there is a mix of single and multiple bed types and they are targeting a different demographic. He reported many other brands are rolling out smaller rooms, including a Marriott brand that has rooms City Council Minutes of September 15, 2020 Page 28 of 33 as small as 180 square feet, while they are proposing 300 square feet per room. He believed they were investing their dollars into what they feel will be the future of Anaheim and are very excited about the project. He noted they worked with the Anaheim Transportation Network (ATN) to develop a bus stop to help lower-income and seniors get around the area. Council Member Kring expressed support for the project and noted it was a wonderful project. Mayor Pro Tem Faessel expressed support for the project and acknowledged it was a complex site. He noted there were smaller rooms than this in four or five diamond properties in Chicago and New York. He reported he was very impressed with the project and was supportive of the risk the applicant was taking. Council Member Brandman expressed support for the project and looked forward to its completion. Council Member Moreno expressed support for the project, which seems to match a niche market, and was thankful they have chosen Anaheim. In response to Council Member Moreno, Mr. Cheek confirmed there would be minimal staffing and has a business model of select service where technological elements will be used to reduce some staffing. Mr. Cheek was unable to provide the number of construction jobs that would be made available for the project. Council Member Moreno advised it was the priority of the City to promote local hiring. In response to Council Member Moreno's inquiry, Mr. Cheek confirmed he would make it a priority to work with a contractor who can hire locally. In response to Council Member Moreno's inquiry, Mr. Cheek reported, in terms of density and zoning, it sounds like a significant percentage increase but it is not that significant of an increase in terms of rooms itself and noted it complies with all of the building, occupancy, and fire codes. He advised the project is six stories and noted they are next to a 12 -story high-rise building. Council Member Moreno reported he received a letter of support for the project from J.W. Marriott. Council Member O'Neil expressed support for the project. In response to Council Member Moreno's inquiry, Mr. Cheek reported a parking study was completed which determined the project has enough project space even if the property was fully booked. He acknowledged the Planning Commission also asked about backup parking. Mr. Cheek advised they will have the valet operator monitor parking closely and will add additional staff or resources, if necessary. Council Member Moreno expressed concern that ride -sharing options such as Uber and Lyft may not exist based on potential legislation in California. In response to Council Member Moreno's inquiry, Mr. Cheek reported they are receptive to overflow parking arrangements and noted an extensive parking study was completed that determined there is adequate capacity. He advised they worked with ATN to incorporate a bus stop in the front of the hotel so parking demand can be further reduced. Council Member Barnes expressed concern regarding the parking and did not feel it was adequate. In response to Council Member Barnes's inquiry, Mr. Cheek reported Linscott, Law & Greenspan, Engineers (LLG), one of the City's preferred consultants, prepared the parking study. He advised LAZ City Council Minutes of September 15, 2020 Page 29 of 33 Parking prepared the Valet Study and is also a big operator in the area. He also noted the City had a third -party peer reviewer review the studies as well. Council Member Barnes believed there might be a need for an adjustment to the parking spaces in the future. City Clerk Theresa Bass reported five (5) public comments related to Public Hearing Item No. 27 were received, which was distributed to the City Council, posted to the City's website, and made part of the official record. — See Appendix. Mayor Sidhu closed the public hearing. DISCUSSION: Mayor Sidhu expressed support for the project and was thankful a developer was willing to work with the site to make it an important piece of the economic engine for Anaheim. MOTION: Council Member Kring moved to approve the project as presented by adopting three resolutions and introducing an ordinance, seconded by Mayor Pro Tem Faessel. ROLL CALL VOTE: AYES - 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried; ordinance introduced. F130.2 28. This is a public hearing to consider granting non-exclusive franchises for the operation of 205 taxicabs in Anaheim for the remainder of the current ten-year term ending June 28, 2022. ORDINANCE NO. 6495 (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 (155 taxicabs). ORDINANCE NO. 6496 (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 (50 taxicabs). Planning and Building Director Ted White reported the item is a public hearing to award two taxi franchises for the remainder of the current ten-year term, which ends on June 28, 2022. He noted City Council has been asked to grant these franchise licenses in the middle of the franchise period due to the closure of two taxi companies that previously held franchises in the City including Yellow Cab of Greater Orange County which closed in May of 2020. Mr. White reported a Request for Proposal (RFP) was distributed in July for 205 taxicab permits and was distributed to interested taxi companies. He reported the City received responses from California Yellow Cab and 24/7 Taxi Cab. He reported the City Manager appointed a Taxi Advisory Committee (TAC) consisting of city staff from the Convention Center, Police Department, Neighborhood and Human Services, and Community Preservation, as well as a representative of Visit Anaheim. He advised the TAC is authorized by the Municipal Code to evaluate franchise applications and make recommendations to the City Council on the awarding of franchises. Mr. White reported, on August 25, the City Council set a public hearing to review and grant non- exclusive franchises for the operation of 205 taxicabs in Anaheim for the remainder of the current ten- year term ending June 28, 2022. He advised there are a total of 255 taxicab permits for this franchise term and California Yellow Cab is the only current franchise holder with 50 permits, leaving 205 permits are available. City Council Minutes of September 15, 2020 Page 30 of 33 Mr. White reported the TAC was provided with the City's RFP before evaluating the proposals received by each company. He advised as part of their respective proposals, California Yellow Cab requested all 205 available licenses and 24/7 Taxi Cab requested 100 licenses. He advised the TAC evaluated both proposals and felt both met the minimum requirements but felt California Yellow Cab demonstrated a strong organizational infrastructure and capacity to expand their operations to incorporate a larger volume of additional taxicabs. He noted 24/7 Taxi Cab demonstrated some limited capacity to expand their operations and the TAC expressed reservations about the service provider's ability to successfully deploy and operate a fleet of 100 taxicabs. Mr. White reported the TAC recommends that 155 licenses be awarded to California Yellow Cab (with their current 50 licenses, this brings their total to 205 licenses), and 50 licenses be awarded to 24/7 Taxi Cab. Lastly, he reported the TAC's recommendation 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 taxicab customers. Mr. White reported staff received correspondence from Mr. Konstantinos Roditis, who represents 24/7 Taxi Cab, who believes the City should have issued two separate RFPs for the available licenses including one for the 50 licenses that were already available and one for 155 vacated due to the closure of Yellow Cab of Greater Orange County. He advised staff reviewed Mr. Roditis's letter and believes conducting one RFP for all of the available taxicab permits was the most efficient way to fulfill the remaining term of the franchise. He advised Mr. Roditis would be available to answer any questions and was unsure of the availability of a representative from California Yellow Cab. City Clerk Theresa Bass reported two (2) public comments related to Public Hearing Item No. 28 were received, which was distributed to the City Council, posted to the City's website, and made part of the official record. — See Appendix. Mayor Sidhu closed the public hearing. DISCUSSION: In response to Mayor Pro Tem Faessel's inquiry, Mr. Roditis reported 24/7 Taxicab is one of the largest taxicab companies in Orange County and when they were not awarded the franchises in 2012 and 2016 they began focusing their business on emergency medical transportation. He reported they do have contracts with hospitals that require them to operate and pick up in Anaheim and due to the Anaheim Municipal Code moved most of their fleet to a Private Carrier of Passengers (PCP) program with the State. He confirmed most taxicab companies in Orange County have gone completely out of business or transitioned to new license types. He reported there are 190 registered taxicabs in Anaheim. In response to Council Member Barnes's inquiry, Mr. Roditis reported 24/7 Taxicab LLC is the driver - owned company with each driver being a member of the company, which has helped with customer service and noted assisting drivers in and out of vehicles is part of the medical side of the service and part of their training. Council Member Kring reported Mr. Roditis has always done a great job in Anaheim and expressed support for awarding the franchise. In response to Council Member O'Neil's inquiry, Mr. Roditis confirmed he requested 100 permits and staff is recommending 50 permits. Mr. Roditis reported he recommended that 50 permits be issued to 24/7 Taxicabs alone because he does not think the taxicab industry is where it needs to be, especially with the pandemic. He believed the recommendation that TAC made of 50 to 24/7 and 205 City Council Minutes of September 15, 2020 Page 31 of 33 permits to California Yellow Taxi Cab creates a monopoly, as his competitor would have over 80% of the permits. He believed it would be incredibly difficult to compete in such a marketplace. He advised the City has a requirement of plus or minus 15% of the fleet and recommended it increase to plus 50% of the fleet, which he believed would be adequate for the next 19 months and would not create an unlawful monopoly. He noted his last recommendation is to have taxicab fleet requirements match the RFP. Community Preservation & Licensing Manager Sandra Sagert reported the consultant who did the 10 -year franchise for the City determined 255 taxicabs were needed. She acknowledged industry conditions have changed over the last few years, but the City is still operating under the current consultant recommendations for a 10 -year franchise. She confirmed Mr. Roditis was correct that there is a 15% overage for expansion, if needed. She explained that, with the current pandemic situation, it was possible the Anaheim Convention Center and the Anaheim Resort could open quickly so the City was still abiding by the 255 permits. She advised the City would be looking at this franchise with another consultant when this franchise comes to a close to look at the future. She advised there is a ballot measure in November that will dictate if there is a need for another 10 -year franchise and how many taxicabs would be needed. Ms. Sagert reported she believed a monopoly was one company. She advised the TAC decided, since there were only two proposals, they would have two companies to have some competition and avoid one large company as seen with Yellow Cab who recently went out of business which was a huge blow to the City. She does understand that California Yellow Cab was taking over many of Yellow Cabs' former fleet. She reported, under the franchise that California Yellow Cab currently has, the 2014 vehicles are okay along with the 2012 and 2013 ADA and Clean Air Vehicles on file with the City which had additional life years. She advised they would be working with both companies, if approved, to make sure they are under the current RFP franchise and meet all the requirements. City Attorney Robert Fabela reported the City is under an order to do an RFP for 50 permits, which dates back to 2016 and the action the City took back then. He reported the additional 155 permits became available for independent reasons and he did not think it was inconsistent with the current judicial orders to consider those 50 plus the additional number that had become available at this time. In response to Mayor Pro Tem Faessel's inquiry, Ms. Sagert reported the contract with Western Transit contract is with Community Services, who were discussing looking at other companies, but was unsure if a separate RFP would be issued. She believed both companies would be willing to assist in providing that service, should Community Services need additional help. Mayor Sidhu noted the taxicab industry has changed in recent times and thanked Yellow Cab of Greater Orange County for their service. He expressed support for approving the item. MOTION: Mayor Pro Tem Faessel moved to approve granting non-exclusive franchises for the operation of 205 taxicabs in Anaheim for the remainder of the current ten-year term ending June 28, 2022 by introducing two ordinances, seconded by Mayor Sidhu. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil; NOES — 0; ABSTAIN — 1 (Council Member Moreno). Motion carried; ordinances introduced. Report on Closed Session Actions: None PUBLIC COMMENTS {non -agenda items): None City Council Minutes of September 15, 2020 Page 32 of 33 COUNCIL COMMUNICATION: Council Member Moreno requested an agenda item to move City Council meetings to Zoom and allow the public to call in comments beginning September 29 and, if able to, return to meeting in the Council Chamber, concurred by Council Member Barnes (request failed for lack of second concurrence). He announced he may ask for a resolution, upon receipt of more information, to condemn alleged mass hysterectomies of women incarcerated by Immigration and Customs Enforcement. He recognized Central American Independence Day on September 15 and Mexican Independence Day, EI Grito, on September 16 and wished all happy celebrations. He also acknowledged the beginning of Hispanic Heritage Month. He encouraged everyone to complete the Census to assist with City resources and political representation. He expressed appreciation for the virtual town halls being held regarding Angel Stadium, stated that no Council agenda item had occurred to provide direction or discuss the community benefits component in the last 10 months, hoped for additional outreach, encouraged the public to attend meetings and read the documents to learn more about the deal, its timeline, its components, and related costs for affordable housing and parks, and formally requested the Mayor to postpone agendizing this item until Council could meet in person or via video conferencing with live, direct comment by residents. Council Member Barnes expressed gratitude for the generous food donations to west Anaheim, particularly from Islands Restaurant. She thanked Vineyard Church for working diligently on multiple food distribution events and thanked the Boys and Girls Club and Caterina's Club for serving dinners at the West Anaheim Youth Center each Wednesday at 4:00 P.M. She applauded the efforts of Muzeo Interim Executive Director Katie Farrell for championing efforts for Indigenous Peoples Day in Anaheim. She encouraged those in need of food to contact City Hall, recognized the work of several food banks, and thanked City staff for assisting in the distributions. She reiterated her request to know how the funding to Visit Anaheim is being spent, encouraged residents to pay attention to the Angel Stadium transaction, addressed the need to hear directly from residents and her colleagues via in-person or Zoom meetings, and encouraged residents to learn about candidates for the November election. Council Member Brandman reported the drive-thru mask giveaway at Magnolia Baptist Church last weekend where over 500 Anaheim families received a pack of 40 disposable mask and thanked everyone who coordinated the event. He announced the next mask giveaway will be at Anaheim First Christian Church at 520 W. South St. He reported his office had received numerous calls, texts, and emails from District 2 residents regarding the growing number of unsheltered individuals and increasing homelessness in west Anaheim, including right-of-way blocking near Brookhurst St. He thanked City staff and leadership for their quick response to the urgent matter, but noted that homelessness and its many second/third order effects are/have been on the rise, especially in light of the pandemic. He thanked the residents who contacted him, to provide feedback needed to keep the system working and assist with representation and addressing concerns. He noted he has asked the City management team to help communicate to residents how the homeless policy will be adapted to address this specific set of circumstances in west Anaheim and ensure a plan is in place and operative. Council Member Brandman was temporarily absent from the meeting between 11:44 P.M. and 11:46 P.M. He stated there is a path forward to not leave anyone behind, including residents and those in need. He reminded everyone to complete the Census at www.m 202Ocensus. ov, and to wear masks and practice social distancing to save lives. Council Member Kring concurred with Council Brandman about the homeless and spoke of the homeless and crime at Ball Rd. and Harbor Blvd. last week. She thanked staff and Sandra Sagert for doing a great job and addressing those concerns. She announced that this week, September 15 -26, is Orange County Restaurant Week and encouraged residents to support local restaurants hit by City Council Minutes of September 15, 2020 Page 33 of 33 COVID. She highlighted there is a new phase in dining, where you can order to go or dine outside; she encouraged residents to wear masks and dine local. Council Member Kring thanked all emergency workers throughout California, Oregon, and Washington battling the terrible wild fires across the west coast. She thanked all police personnel helping with evacuations and other emergency situations and providing shelter for many displaced families. She commended the Anaheim Fire and Rescue for providing mutual aid to the EI Dorado Fire, encouraged residents to create an emergency plan and visit www.ready.gov for more information and tips, because being prepared can help save you, family, neighbors, and emergency responders. She requested the meeting adjourn in memory of Senior Airman Jason Khai Phan who died in a vehicle accident while serving in Kuwait. Mayor Pro Tem Faessel thanked Council Member Kring for acknowledging Senior Airman Phan, a 26 -year-old Anaheim native. He appreciated the explanation by Council Member Moreno regarding Hispanic Heritage Month. He reported he helped facilitate a new wheelchair for a District 5 Miraloma resident and thanked Dr. Hassan of Ideal Home Care for providing the new wheelchair. He reported his participation at several food distributions, including Miraloma Family Resource Center, with ICNA Relief on State College Blvd., Boys & Girls Club at La Palma Park, a surplus copier donated by Republic Services to the Boys & Girls Club, ICNA Relief at the Sabina/Sycamore neighborhood, and a large walk-up event at Ambassador Church. He announced an upcoming fundraiser drive on September 26 at St. Anthony Claret Church featuring Sean Oliu. Council Member O'Neil addressed an inclusionary housing policy, and how neither he nor the committee wanted to entertain that idea, as such policies increase the costs of housing as they make it more expensive for developers to produce. He said land values were effected, and if such a policy was in place, the appraisal and ultimate sale price in the Angels deal would have been affected. He requested the recommendations / items in the Housing and Affordable Housing Action Plan that need further Council approval be brought back for Council consideration by staff in an appropriate and strategic manner, concurred by Council Member Kring and Mayor Pro Tem Faessel. He requested the meeting also adjourn in memory of District 6 resident and former Housing and Community Development Commissioner Chris Emami. Mayor Sidhu offered thoughts and prayers to the two Los Angeles Sherriff Deputies who were ambushed and severely injured last Saturday, thanked the City Manager and staff for a great meeting, asked his Council colleagues to address questions with staff between the posting of the agenda packet on Thursday and the Council meeting on Tuesday, and encouraged all to continue safety precautions including mask, six-foot distancing, and hand washing and sanitizing. He extend best wishes to those in the Jewish community on the upcoming holiday Rosh Hashanah starting at sundown Friday, September 18 through sundown Sunday, September 20. ADJOURNMENT: At 11:57 P.M., Mayor Sidhu adjourned the City Council meeting in memory of Senior Airman Jason Khai Phan and former Housing and Community Development Commissioner Chris Emami. Res ectfully subnii-tted, r Teresa Bass, CIVIC City Clerk Public Comment From: Pat D Sent: Tuesday, September 15, 2020 2:06 PM To: Public Comment Cc: Denise Barnes; Jose Moreno Subject: Agenda comments Sorry so brief but times are very busy. There are several items on your agenda this afternoon. One very important to me at this critical time during which housing the unhoused is so critical is item 25. I was pleased to read that the update is moving forward. It certainly included some important pieces and one hopes that a Housing First model focused on meeting the RHNA goals is in fact the priority. In reviewing the housing ad hoc committee report I find it quite curious that in terms of your stakeholders there were no housing advocates or other engaged people not attached to either pass service providers or those in the building industry. I hope that will be rectified and as you move forward and preparing the response to the next stage of planning to meet Rena goals you will include community members like myself who are quite intrested in Being honest and forthcoming in our response. They see is truly an opportunity to bring community gather to best understand what we need to do as a community to house those across the spectrum of and comes past practices of building priorities and moderate and above moderate income levels is not going to make a difference in a community where workforce and affordable housing is rare. You're continuing the STR program contributes to the housing shortage we now find ourselves in Item 3 — Section 8 — Changes yes. Plus increased need to build and acquire more vouchers and housing stock. Item 14 — Mercy House K with CHIPP continues to concern me. They cherry pick those served and provide little in way of consistent followup. Item 16 — Yes any help can get to our unhoused friends and their pets Item 21 YES Broadband support to those who don't have the resources or infrastructure to support the many needs for adequate connection. Families with children and work from home most in need. Is this enough? Thank you Pat Davis Sent from my phone. Please excuse brevity and typos. Public Comment From: Tamara Jimenez <tjimenez@lighthousetreatment.com> Sent: Friday, September 11, 2020 6:51 PM To: Public Comment Cc: Loretta Day Subject: Item #14 -Strong Support Good evening, We are writing to express our strong support for Item #14. This project is incredibly important to continue. In short, the funds help the chronically homeless stay housed and without this continued program they would, after successfully staying housed, be back out on the streets. Mercy House has and continues to provided exceptional services to the homeless individuals in the City of Anaheim and continues to keep these individuals off of the streets by assisting with housing among other supportive services. We respectfully ask for a yes vote. Thank you. 14. A rove a Professional Services Agreernent with Mercy House LlvinqQ g_n'g_rs un substantial form In an .a a_r: Public Comment From: Tamara Jimenez <tjimenez@lighthousetreatment.com> Sent: Friday, September 11, 2020 7:08 PM To: Public Comment Cc: Jose Moreno; Mariso) Ramirez; Karen Romero Estrada Subject: Item #16 -Support Good evening, We are writing to express our support for item #16. Councilman Moreno brought this to Council's attention awhile back and has since been holding online public meetings regarding the issue. It is extremely clear that this is much needed, although we would prefer to see a much higher dollar amount, hence our support as opposed to strong support. We do not believe that $1,000,000 is even close to the amount needed but at least it is a start. I have attached a screenshot from one of the public meetings Dr. Moreno held. It is our strong suggestion and hope that you review all of the information he brings to the table from the different stakeholders he has met with to determine the extent of the need and strongly consider any amendments that meet such need. However, we absolutely support approving assistance for this issue as soon as possible. Thank you for your time. 16. A rove an Income -Qualified Internet Assistance Rebate Pro ram In an arnount a to $1 aaa aaa to assist residents who have been Irnoacted by COVID-1g by orovldino financial assistance towards broadband inte_rnet services for distance V_ a_rnin. and telecorm"nutinq. Have a great day, Tamara Jimenez Community Relations Manager Lighthouse CONFIDENTIALITY NOTICE: This message is protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of this information unless a written consent is obtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Public Comment From: Tamara Jimenez <tjimenez@lighthousetreatment.com> Sent: Friday, September 11, 2020 7:11 PM To: Public Comment Cc: Jose Moreno; Mariso) Ramirez; Karen Romero Estrada Subject: RE: Item #16 -Support I realize our stance may not be clear... it is Support Have a great day, Tamara Jimenez Community Relations Manager Lighthouse 714-337-7851 CONFIDENTIALITY NOTICE: This message is protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of this information unless a written consent is obtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Tamara Jimenez Sent: Friday, September 11, 2020 7:08 PM To: publiccomment@anaheim.net Cc: Jose Moreno <JMoreno@anaheim.net>; Marisol Ramirez <MaRamirez@anaheim.net>; Karen Romero Estrada <KRomeroEstrada@anaheim.net> Subject: Item #16 -Support Good evening, We are writing to express our support for item #16. Councilman Moreno brought this to Council's attention awhile back and has since been holding online public meetings regarding the issue. It is extremely clear that this is much needed, although we would prefer to see a much higher dollar amount, hence our support as opposed to strong support. We do not believe that $1,000,000 is even close to the amount needed but at least it is a start. I have attached a screenshot from one of the public meetings Dr. Moreno held. It is our strong suggestion and hope that you review all of the information he brings to the table from the different stakeholders he has met with to determine the extent of the need and strongly consider any amendments that meet such need. However, we absolutely support approving assistance for this issue as soon as possible. Thank you for your time. 16. A rove an Income -Qualified Internet Assistance Rebate Pro ram In an arnount a0 to $1 000 000 to assist residents who have been Irnoacted by COVID-1g by orovldino financial assistance towards broadband inte_rnet services for distance V_ a_rnin. and telecorm"nUtinq. Have a great day, Tamara Jimenez Community Relations Manager Lighthouse CONFIDENTIALITY NOTICE: This message is protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of this information unless a written consent is obtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Public Comment From: Edgar Arellano Sent: Tuesday, September 15, 2020 9:49 AM To: Public Comment; Harry Sidhu (Mayor); Denise Barnes; Lucille Kring; Trevor O'Neil; Stephen Faessel; Jordan Brandman; Jose Moreno; Police Review Board Subject: No on Item 20, but also No on Item 19 Hello councilmembers, Given that you will most likely not read this correspondence, this is for the public record No on Consent Calendar Item 20 on today's Agenda. It is misuse of the State's Taxpayer money especially with their main premise of using "Best Practice Strategies" as stated in the grant descriptions. A major Best Practice that has taken hold due to recent Police Violence against our Community, is the scaling back of Policing in Traffic & Transportation Programs. Many traffic advocacy groups & many transportation professionals that are vocally refuting enforcement as a method to increase safety in transportation. The Safe Routes to School Partnership has dropped Enforcement from the 6 E's of Safe Routes to Schools, and The Vision Zero Network also pledged to no longer recommend police enforcement as strategy to make streets safer. It is evident that further enforcement will not create safe travel and will instead continue endangering our community as has been the case when police murdered: Oscar Grant (Oakland 2009), Cesar Rodriguez (Long Beach 2018), William Crawford (Los Angeles 2019), & Dijon Kizzee (Los Angeles 2020). These are but a few instances when officers have escalated a situation resulting in the murder of a person using public transportation or the right of way; the tactics currently being used by PDs are resulting in many more arrests due to benign & unreasonable contacts with police. I've also been writing to you for weeks as I capture dashcam evidence of Police speeding in our neighborhoods. Over the years, our community has noticed the reckless ways they use equipment to 'dominate' our streets, particularly their constant speeding in small neighborhood streets. I can hardly say that I trust Anaheim PD in upholding & encouraging safe use of public streets. I am a Transportation Professional & I am familiar with the methods that Police Depts have used these grants to collect data via enforcement, and to do "community policing" via community events; The grant's language allows for overtime pay, which is what many community events are classified as, the events are also a place for PD to show off their equipment/militarization. Finally, I want to continue reminding you that you are still violating our 4th & 5th amendment rights with your vote in favor of resolution 19 on the June 9, 2020 council meeting. The ACLU continues to condemn the abuse of for-profit contracts to overrule citizens privacy rights as afforded by the 4th and 5th amendment. There is no accountability nor transparency in the APD's use of this technology equipment, and they actively refuse inquiries due to non -disclosure agreements. The answers provided by Chief Cisneros are not satisfactory in the slightest, the doubt was loud in the ways which staff, the city manager, & police chief have avoided the privacy violation questions. If PD is reckless with their squad cars, then I have no confidence in their ability to have good judgement in using the "stingray" surveillance technology. No on Item 19, other departments are looking at limiting expenditures, so should PD and Cadets are low hanging fruit. We don't need more police hopefuls to believe that even during economic stresses, we can expect for wages & employment to remain normal. Other departments are finding ways, while APD continues to maintain & grow their expenditures. Do Better, Edgar Arellano Resident & business owner District 2 Public Comment From: Edgar Arellano Sent: Tuesday, September 15, 2020 3:28 PM To: Public Comment; Harry Sidhu (Mayor); Denise Barnes; Lucille Kring; Trevor O'Neil; Stephen Faessel; Jordan Brandman; Jose Moreno; Police Review Board Subject: Re: No on Item 20, but also No on Item 19 Did I mention that there are better candidates with long standing expertise in both bike/ped safety education, as well as public/community engagement. They are carrying out a similar program with OCTA currently and you know them from the COVID19 testing they did here at Anaheim High School and elsewhere. CalWalks is another group that does similar work. This is one of the ways that we can stop committing to policing & instead uplift other community organizations. A method within "refund the police". To speak more candidly, APD sucks at taking on bike rodeo & similar programs. The events end up being prioritized around photo ops and less around interactive education and enrichment for participating youth. Do better, Edgar On Tue, Sep 15, 2020, 9:49 AM Edgar Arellano Hello councilmembers, wrote: Given that you will most likely not read this correspondence, this is for the public record No on Consent Calendar Item 20 on today's Agenda. It is misuse of the State's Taxpayer money especially with their main premise of using "Best Practice Strategies" as stated in the grant descriptions. A major Best Practice that has taken hold due to recent Police Violence against our Community, is the scaling back of Policing in Traffic & Transportation Programs. Many traffic advocacy groups & many transportation professionals that are vocally refuting enforcement as a method to increase safety in transportation. The Safe Routes to School Partnership has dropped Enforcement from the 6 E's of Safe Routes to Schools, and The Vision Zero Network also pledged to no longer recommend police enforcement as strategy to make streets safer. It is evident that further enforcement will not create safe travel and will instead continue endangering our community as has been the case when police murdered: Oscar Grant (Oakland 2009), Cesar Rodriguez (Long Beach 2018), William Crawford (Los Angeles 2019), & Dijon Kizzee (Los Angeles 2020). These are but a few instances when officers have escalated a situation resulting in the murder of a person using public transportation or the right of way; the tactics currently being used by PDs are resulting in many more arrests due to benign & unreasonable contacts with police. I've also been writing to you for weeks as I capture dashcam evidence of Police speeding in our neighborhoods. Over the years, our community has noticed the reckless ways they use equipment to 'dominate' our streets, particularly their constant speeding in small neighborhood streets. I can hardly say that I trust Anaheim PD in upholding & encouraging safe use of public streets. I am a Transportation Professional & I am familiar with the methods that Police Depts have used these grants to collect data via enforcement, and to do "community policing" via community events; The grant's language allows for overtime pay, which is what many community events are classified as, the events are also a place for PD to show off their equipment/militarization. Finally, I want to continue reminding you that you are still violating our 4th & 5th amendment rights with your vote in favor of resolution 19 on the June 9, 2020 council meeting. The ACLU continues to condemn the abuse of for-profit contracts to overrule citizens privacy rights as afforded by the 4th and 5th amendment. There is no accountability nor transparency in the APD's use of this technology equipment, and they actively refuse inquiries due to non -disclosure agreements. The answers provided by Chief Cisneros are not satisfactory in the slightest, the doubt was loud in the ways which staff, the city manager, & police chief have avoided the privacy violation questions. If PD is reckless with their squad cars, then I have no confidence in their ability to have good judgement in using the "stingray" surveillance technology. No on Item 19, other departments are looking at limiting expenditures, so should PD and Cadets are low hanging fruit. We don't need more police hopefuls to believe that even during economic stresses, we can expect for wages & employment to remain normal. Other departments are finding ways, while APD continues to maintain & grow their expenditures. Do Better, Edgar Arellano Resident & business owner District 2 Public Comment From: Edgar Arellano Sent: Tuesday, September 15, 2020 3:38 PM To: Public Comment; Harry Sidhu (Mayor); Denise Barnes; Lucille Kring; Trevor O'Neil; Stephen Faessel; Jordan Brandman; Jose Moreno; Police Review Board Subject: Re: No on Item 20, but also No on Item 19 *Latino Health Access is the first group I hinted at alongside CalWalks. They deliver dynamic educational programming around traffic safety. On Tue, Sep 15, 2020, 3:28 PM Edgar Arellano wrote: Did I mention that there are better candidates with long standing expertise in both bike/ped safety education, as well as public/community engagement. They are carrying out a similar program with OCTA currently and you know them from the COVID19 testing they did here at Anaheim High School and elsewhere. CalWalks is another group that does similar work. This is one of the ways that we can stop committing to policing & instead uplift other community organizations. A method within "refund the police". To speak more candidly, APD sucks at taking on bike rodeo & similar programs. The events end up being prioritized around photo ops and less around interactive education and enrichment for participating youth. Do better, Edgar On Tue, Sep 15, 2020, 9:49 AM Edgar Arellano Hello councilmembers, wrote: Given that you will most likely not read this correspondence, this is for the public record No on Consent Calendar Item 20 on today's Agenda. It is misuse of the State's Taxpayer money especially with their main premise of using "Best Practice Strategies" as stated in the grant descriptions. A major Best Practice that has taken hold due to recent Police Violence against our Community, is the scaling back of Policing in Traffic & Transportation Programs. Many traffic advocacy groups & many transportation professionals that are vocally refuting enforcement as a method to increase safety in transportation. The Safe Routes to School Partnership has dropped Enforcement from the 6 E's of Safe Routes to Schools, and The Vision Zero Network also pledged to no longer recommend police enforcement as strategy to make streets safer. It is evident that further enforcement will not create safe travel and will instead continue endangering our community as has been the case when police murdered: Oscar Grant (Oakland 2009), Cesar Rodriguez (Long Beach 2018), William Crawford (Los Angeles 2019), & Dijon Kizzee (Los Angeles 2020). These are but a few instances when officers have escalated a situation resulting in the murder of a person using public transportation or the right of way; the tactics currently being used by PDs are resulting in many more arrests due to benign & unreasonable contacts with police. I've also been writing to you for weeks as I capture dashcam evidence of Police speeding in our neighborhoods. Over the years, our community has noticed the reckless ways they use equipment to 'dominate' our streets, particularly their constant speeding in small neighborhood streets. I can hardly say that I trust Anaheim PD in upholding & encouraging safe use of public streets. I am a Transportation Professional & I am familiar with the methods that Police Depts have used these grants to collect data via enforcement, and to do "community policing" via community events; The grant's language allows for overtime pay, which is what many community events are classified as, the events are also a place for PD to show off their equipment/militarization. Finally, I want to continue reminding you that you are still violating our 4th & 5th amendment rights with your vote in favor of resolution 19 on the June 9, 2020 council meeting. The ACLU continues to condemn the abuse of for-profit contracts to overrule citizens privacy rights as afforded by the 4th and 5th amendment. There is no accountability nor transparency in the APD's use of this technology equipment, and they actively refuse inquiries due to non -disclosure agreements. The answers provided by Chief Cisneros are not satisfactory in the slightest, the doubt was loud in the ways which staff, the city manager, & police chief have avoided the privacy violation questions. If PD is reckless with their squad cars, then I have no confidence in their ability to have good judgement in using the "stingray" surveillance technology. No on Item 19, other departments are looking at limiting expenditures, so should PD and Cadets are low hanging fruit. We don't need more police hopefuls to believe that even during economic stresses, we can expect for wages & employment to remain normal. Other departments are finding ways, while APD continues to maintain & grow their expenditures. Do Better, Edgar Arellano Resident & business owner District 2 Public Comment From: Tamara Jimenez <tjimenez@lighthousetreatment.com> Sent: Thursday, September 10, 2020 7:35 PM To: Harry Sidhu (Mayor); Jose Moreno; Denise Barnes; Stephen Faessel; Lucille Kring; Trevor O'Neil; Jordan Brandman; Annie Mezzacappa; Nam Bartash; Amanda Edinger; Cynthia Ward; Helen Myers; Mariso) Ramirez; Karen Romero Estrada; Samantha Saenz; Sarah Bartczak; Justin Glover Cc: Loretta Day; Public Comment Subject: Item #23 -OPPOSE -POSTPONE VOTE Attachments: item231h.pdf Importance: High Good evening, I have serious concerns about item 23. Please see attached letter. This item should be postponed on Tuesday. As experts in the field we are advising this item be revisited and brought back to council at another date. The ordinance as now written, despite what the city attorney states, violates current state and federal laws among other numerous problems. It will also result in us losing beds. In other words this will negatively affect us and force us to shut down part of our operation, which by the way was just recognized as one of the top facilities in the US by Newsweek. Anaheim Lighthouse has served this city for over 2 decades in the area of substance abuse. I would like to bring to your attention that although we met with and gave direction to the planning department they only made minor changes and did not make the changes suggested by our CEO who is also an attorney. We have been doing this a very long time and would like to assist the city in creating good policy as opposed to watch the city pass bad policy and try to fix it later in legal battles, which is what happens in other cities that do so. We would be happy to sit down with Council or staff to help you achieve your goals in the best way possible. Please remember, we have supported this council and this city on many fronts. We have helped you with some of your legal battles in court over the past few years, helped you with the homeless issue, we have scholarshipped countless clients into treatment for city, the police department, the Drug Free Anaheim Program (We took the I" participant), and for the various shelters throughout Anaheim. We have partnered with City Net, Mercy House, Eli Home, Pathways of Hope, Anaheim Police Department Homeless Outreach Team, Chrysalis, and many others. We actively participate in all of the city's events (pre-covid of course). We have invested a lot into the City of Anaheim and all we are asking is that you trust us to help you with this serious issue. You are dealing with many things from disability rights, to ADA laws, to health care, and most importantly peoples lives. We are talking about life and death for the residents of these homes. This isn't a zoning issue to be compared to or treated like a hotelier. We are dealing with something much more. We are simply asking that you take the time to meet with us and understand what it is you are voting on before doing so. Anaheim is supposed to "do it better". Let's do it better together! Have a great day, Tamara Jimenez Community Relations Manager Lighthouse CONFIDENTIALITY NOTICE: This message is protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of this information unless a written consent is obtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. I September 10, 2020 Re: Item #23 -Oppose -Requesting Postponement Dear Anaheim City Council Members: We are writing to express that Anaheim Lighthouse has concerns about the City's proposed ordinance regarding recovery residences also known as sober livings, and group homes. We have been operating in the city of Anaheim in the field of recovery for over two decades. We understand the City's concern that recovery residences are not required to be licensed and are not required to be regulated by the State or any other governmental organizations. Additionally, we understand the City is concerned about over concertation of these homes and operators who do not have any structure or oversight. What makes this even harder is that is difficult to determine how many actual recovery residences are in the City. We have similar concerns, but the proposed ordinance does not address the issues. In fact, it is making it difficult for good operators to provide the needed services. Requiring residences to be specific distances from each other and requiring staff meet certain requirements is very discriminating. Not only does the ordinance violate state laws, it also violates federal laws. We are also founding members of the Orange County Recovery Collaboration (OCRC), which consists of representatives from law enforcement, treatment providers, recovery residences, state and local political representatives, County Behavioral Health and local organizations that offer non -treatment services such as food and housing to individuals in need only identified eight recovery residences, and those were Sheriff Certified providers. The number of sober livings or recovery residences are purely guesstimating and are inflated with substance abuse treatment providers, group homes and transitional housing numbers. As there are no licensing requirements to operate a recovery residence it is very difficult to identify how many recovery residences exist in the city. According to the Recovery Residences report submitted by the Orange County Recovery Collaboration to the city of Anaheim, 8 residences in Anaheim were identified. This number came from the Orange County Sheriffs Sober Living Certification List. Antidotally OCRC believes there are no more than 25, which is most likely a very high estimate, recovery residences in the city of Anaheim. The rest of the homes in Anaheim are some type of group or transitional living home for special populations (seniors, disabled, mentally ill etc.) that are not for persons with substance use issues. In short, we are requesting that the Council postpone approving the City's Ordinance regarding recovery residences and group homes. Review the responses from OCRC, including a very thorough report on recovery residences and support or consider the recommendations from that report. Thank you for your consideration in this matter. Sincerely, Tamara Jimenez Community Relations Manager 1320 W Pearl Street 0 Anaheim, CA 92801 0 Phone: (714) 780-1174 • Fax: (714) 844-2068 Public Comment From: Ron Perry <Ron@roquecenterinc.org> Sent: Friday, September 11, 2020 6:46 AM To: Public Comment; Loretta Day; Jose Moreno; Denise Barnes; Jordan Brandman; Harry Sidhu (Mayor); Stephen Faessel; Lucille Kring; Trevor O'Neil Cc: Dana Subject: Item #23 -Oppose Attachments: ron@roquecenter.org_20200911_060001.pdf **********CONFIDENTIAL ********** Please Note: This email (a) is covered by the Electronic Communications Privacy Act, 18 u.s.c. §§2510-2521 and is legally privileged, (b) may otherwise contain proprietary information, privileged information, or work product, and, (c) contains confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this email in error, please immediately notify the above sender via reply email, and destroy all copies, whether in electronic or hard copy, of this email. From: ron@roquecenter.org <cnccopiers@gmail.com> Sent: Friday, September 11, 2020 4:00 AM To: Ron Perry <Ron@roquecenterinc.org> Subject: Scanned image from MX -4101N Reply to: ron@roquecenter.org <ron@roquecenter.org> Device Name: Not Set Device Model: MX -4101N Location: Not Set File Format: PDF MMR(G4) Resolution: 200dpi x 200dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document. Adobe(R)Reader(R) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated in the United States and other countries. http://www.adobe.com/ Roque Center, Inc. Residcntial, Social Model Detox Services 09/11/2020 Re: Item #23 -Oppose -Requesting Postponement Dear Anaheim City Council Member: My organization is Roque Center, Inc,, and I have concern about the City's proposed ordinance regarding recovery residences also known as sober livings, and group homes. I have been working in the field of recovery for S years. I understand the City's concern that recovery residences are not required to be licensed and are not required to be regulated by the State or any other governmental organizations. Additionally, I understand the City is concerned about over concentration of these homes and operators who do not have any structure or oversight. What makes this even harder is that is difficult to determine how many actual recovery resideftes are in the City. I have similar concerns, but the proposed ordinance does not address the issues. In fact, it is making it difficult for good operators to provide the needed services. Requiring residences to be specific distances from each other and requiring staff meet certain requirements is very discriminating. am a member of the Orange County Recovery Collaboration (OCRC), which consists of representatives from law enforcement, treatment providers, recovery residences, state and local political representatives, County Behavioral Health and local organizations that offer non -treatment services such as food and housing to individuals in need only identified eight recovery residences, and those are Sheriff Certified providers. The number of sober livings or recovery residences are purely guesstimating and are inflated with substance abuse treatment providers; group homes and transitional housing numbers. As there are no licensing requirements to operate a recovery residence it is very difficult to identify how many recovery residences exist in the city. According to the Recovery Residences report submitted by the Orange County Recovery Collaboration to the city of Anaheim, 8 residences in Anaheim were identified. This number came from the Orange County Sheriff's Sober Living Certification List. Anecdotally, OCRC believes there are no more than 25, which is most likely a very high estimate, recovery residences in the city of Anaheim. The rest of the horties in Anaheim are some type of group or transitional living home for special populations (seniors, disabled,�mentally ill etc.) that are not for persons with substance use issues. In short, I am requesting that the Council. postpone approving the City's Ordinance regarding recovery residences and group homes, review the responses from OCRC, including a very thorough report on recovery residences and support or consider the recommendations from that report. Thank you for your consideration in this matter. 1 can be reached at 714,952.4032. 11 14936 Dale avenue + SIAEU011, Calif, mini Q00 + (714)951,4032 + Fax: (714) 952A075 + ROIu-Ccnter,or- + —� 1 info�i�o��ueCeiuer"ur:; 1(';U"[F0RNI \ \E V PR FI"l iY�RPE�i :11'li)\ + STATE L.[CENSEn AND CE:RT[FIEL), RES1 DENT IAL D'ETOX PRti�1P, +,\{ Public Comment From: Dana <Dana@roquecenterinc.org> Sent: Friday, September 11, 2020 11:27 AM To: Public Comment; Loretta Day; Jose Moreno; Denise Barnes; Jordan Brandman; Harry Sidhu (Mayor); Stephen Faessel; Lucille Kring; Trevor O'Neil Cc: Ron Perry Subject: Item #23 -Oppose Attachments: Opposeltem23.pdf Please see attached letter that opposes Item # 23. Dana Scott Roque Center, Inc Executive Director — - --- - -ell Roque Center, Inc. 09/11/2020 Re: Itern #23 -Oppose -Requesting Postponement Dear Anaheim City Council Member: Residential, Social Model Derox Services My organization, Roque Center, Inc. and I have concern about the City's proposed ordinance regarding recovery residences also known as sober livings, and group homes. I have been working in the field of recovery for 20 years. I understand the City's concern that recovery residences are not required to be licensed and are not required to be regulated by the State or any other governmental organizations. Additionally, I understand the City is concerned about over concertation of these homes and operators who do not have any structure or oversight. What makes this even harrier is that is difficult to determine how many actual recovery residences are in the City. I have similar concerns, but the proposed ordinance does not address the issues. In fact, it is making it difficult for good operators to provide the needed services. Requiring residences to be specific distances from each other and requiring staff meet certain requirements is very discriminating. Roque Center provides housing to people that are waiting to get into a residential program & people after completing residential that are transitioning to Outpatient. These clients would otherwise be homeless. We provide a safe place to live while they get stronger in their recovery & transition to a place of their own. I am a member of the Orange County Recovery Collaboration (OCRC), which consists of representatives from law enforcement, treatment providers, recovery residences, state and local political representatives, County Behavioral Health and local organizations that offer non -treatment services such as food and housing to individuals in need only identified eight recovery residences, and those were Sheriff Certified providers. The number of sober livings or recovery residences are purely guesstimating and are inflated with substance abuse treatment providers, group homes and transitional housing numbers. As there are no licensing requirements to operate a recovery residence it is very difficult to identify how many recovery residences exist in the city. According to the Recovery Residences report submitted by the Orange County Recovery Collaboration to the city of Anaheim, 8 residences in Anaheim were identified. This number came from the Orange County Sheriff's Sober Living Certification List. Antidotally OCRC believes there are no more than 25, which is most likely a very high estimate, recovery residences in the city of Anaheim. The rest of the homes in Anaheim are some type of group or transitional living home for special populations (seniors, disabled, mentally ill etc.) that are not for persons with substance use issues. In short, I am requesting that the Council postpone approving the City's Ordinance regarding recovery residences and group homes. Review the responses from OCRC, including a very thorough report on recovery residences and support or consider the recommendations from that report. Thank you for your consideration in this matter. I can be reached at 714-952-4032. Dana Scott Executive Director 10936 Dale Avenue P Stanton, California 90680 a (714) 952.40.32 6 Fax: (714) 952-4075 + RoqueCenrer.org 0 infooRoqueCenter.org A CALIFORNIA 40N�PROFITC'ORP(:)RATION1 0 STATE LICE�NISED AND CERTIFIED, RESIDENTIAL. DETOX PROGRAM IIEALTHCARE SERVICES, INC. September 15, 2020 Ted White Planning & Building Director City of Anaheim 200 S. Anaheim Boulevard, Suite 162 Anaheim, CA 92508 Dear Ted, Via Per out telephone conversation last week, I am writing this 1 proposed ordinance. As we discussed, the Anaheim LPghthc relationship it has with the entire City of Anaheim since 20( our efforts to provide quality substance abuse treatment and the City of Anaheim community. We also appreciate your efforts to include us in the process a: proposed ordinance. As I mentioned in our conversation, we of local cities to develop a reasonable solution to the probleir providers of sober living environments. We followed the Cit following the City of Costa Mesa case(s). 151 KalmuDrive, Suite K-1 Costa Mesa, CA 92626 Phone 7147384-3339 Fax 714-384-3879 11 ,r regarding the above -referenced. " truly appreciates` the business Yob have been very supportive in a good neighbor and member of -und the development of the re very familiar with the attempt created by less than quality of Newport case(s) and are While we recognize and support the City of Anaheim's position around this issue; we see some potential litigation issues for the City of Anaheim, not unsimilar to those the Cities of Newport Beach and Costa Mesa face(d). I have attached a memo that I modified since the I last circulated it. It addresses each concern. The main thrust of this legislation appears to be tl of sober living homes in the City of Anaheim and complaints" about overcrowding, parking, noise a provided that supports an ordinance that may rests suspect the City gets many more complaints regar residents use their garage for storage and park on statement at there is an overconcentration Le City "receives continuous resident loitering. Yet, there is no factual basis t constitute Drial rights of a protected class. I ng parking where large apartment complex local streets- If the City does receive complaints, they must be number of complaints to support this action. Tha ordinance. It begs the question, "Why have they listed as a basis for this action can be address wit] (overcrowding), nuisance (noise), loitering and p€ The City offers the statement that there are 2051 and an additional 67 sober living beds. They be] supporting that assertion. These numbers surely "overconcentration" or "impairing the integrity ( number of beds in relation to the population of tl attached memorandum, it is less than '/2 of 1 %. would be of offered Why not provid )d factual suppo s information." current orfinances related to king code enforcement actioi beds in the the exact for the 'he other issues of Anaheim ve there aw, more, but have no facts moot be el vated to a status of residential neighborhoods". It is a paltry City of Anaheim. As I pointed out in the So, those are our concerns. Our sober living beds are only successfully completed our residential treatment program. them back to society successfully. We don't have an issue we see a bigger potential issue for the City. We urge the cc and caution on this issue. Whatever their decision, we will City of Anaheim and support the City whenever possible. Sincerely HEALTHCARE SERVICES, INC., dba Anah By: Timothy J alyer, Esq., CEO Cc; Tamara Jimenez Attachment: Memo re Legislation L by residents why offer that service I compliance, but it to proceed Witt ain a contributing have o transition as stated above, member of the SAFfles\HMCity ofAnaheir&SLE Regu[ationlCorresPondence1202009 5 tis 2 ted white; city f wlaheirn re sle ordinance.doc Attachment to Letter dated September 15, 2020 Anaheim Lighthouse Comments on Ordinance No. Proposed Ordinance & Zoning Code Amendment No. 2020-001-0170 City of Anaheim 1. The seventh "WHEREAS" contains reference to the Department of Alcohol and Drug Programs ("ADP"). ADP no longer exists for several years. They were replaced with the Department of Health Care Services ("DHCS"). This was addressed in the second draft. 2. The nineth "WHEREAS" has a typo on line four "and non -state". Separate "and" and "non". This issue was addressed in the second draft. 3. The thirteenth "WHEREAS" states Anaheim has 205 licensed and/or certified alcoholism and drug abuse recovery or treatment facilities providing 205 beds. The City of Anaheim is the largest city in Orange County by population with 347,000 residents. The 205 beds represent .059% of the total population, which is miniscule; 4. The sixteenth "WHEREAS" says, "overconcentration of these facilities in residential neighborhoods may lead to the institutionalization and commercialization of such neighborhoods..." This is a clearly false assumption inasmuch as they represent on .059% of the total population of the City of Anaheim; 5. The twentieth "WHEREAS" cites a 1997 study by the American Planning Association to support the proposition that "limiting the number of recovering addicts that can be placed in a single-family home enhances the potential for their recovery..." This is a study that is 23 years old. It is NOT prepared by a "clinically qualified" organization that has studied addiction treatment for the last 23 years where significant strides have been made in the treatment field. At least cite a clinically qualified study. This looks like a boot strap argument to anyone in the addiction field. If there is a study regarding the number of addicts living in a home, it could be cited, but it is highly doubtful; 6. The twenty-first "WHEREAS" argues that sober living homes do NOT "provide the disabled with an opportunity to `live in normal residential surroundings' but rather places them into living environments bearing more in common with the types of institutional, campus, and/or dormitory living that the FEHA and FHAA were designed to provide relief from for the disabled, and which no reasonable person could contend provides a life in a normal residential surrounding..." Sober living homes were never intended to do that. They are intended to be a temporary intermediary step between institutions and home. This is consistent with every clinical study and several national institutions who proscribe a "continuity of care" curriculum for recovery, such as, ASAM, SAMHAS and the Department of Mental Health. This "WHEREAS" misses the point completely as written; 7. The twenty-second "WHEREAS" points out some non-essential and irrelevant distinctions between a sober living environment and a single residential housing unit. The first one (1) is not true. Recovering addicts generally have more significant ties than a family. Their ties are life threatening and of utmost importance. A normal household has ties that are not "chosen". The second (2) one is not correct either. The "head" of the "family" makes that decision, just as the head of the family makes that decision in a normal household. It is really a hair-splitting distinction. The same with the third (3) one. There is no "sharing" of costs between the parents and the children. The parents pay for everything. Additionally, what significance is that? Number (5) is not true either. First, most all sober living homes operate in a similar fashion as a normal household. There are rules to follow. When broken, they are afforded additional chances to comply. Only when a member fails to comply in a repeated manner they are asked to leave, unless it is a cardinal transgression. This is similar to a normal household. That is why there are so many juveniles in juvenile halls in Orange County; 8. The twenty-third "WHEREAS" is really incorrect. ALL neighborhoods have parking problems when teenagers drive. Many households have 5 or 6 cars, depending on how many teenagers live there; 9. The twenty-fourth "WHEREAS" is not correct. The City of Newport Beach, for instance, has such a parking problem on the peninsula and in Newport Heights, that ALL those areas have parking restriction and a sticker system. They have extended the parking restriction into the Dover Shores area. This is ONE city in Orange County. It has zero to do with sober living homes. It has everything to do with tourists and teenagers, especially in Newport Heights by the high school. Parking problems in cities cannot be blamed on sober living homes. This is especially true in Anaheim, where 205 beds represent only .059% of the total population; 10. The twenty-fifth "WHEREAS" is misleading. The distance requirements of the "State Law" applies ONLY to mental health facilities. Again, at .059% of the total population, there can be no valid argument related to "overconcentration" in Anaheim; 11. The twenty-sixth "WHEREAS" again is based on the fiction that there "may" be an overconcentration of sober living homes in the City of Anaheim. Again, the City of Anaheim is the largest city in Orange County. .059% sober living beds to population ratio is infinitesimal. You cannot make a serious argument that this number represents a threat of overconcentration in Anaheim. Therefore, there is no need, nor any basis, for this legislation and the distancing requirements; 12. The twenty -seventy "WHEREAS" makes little sense at all. The recovering addict DOES get preferential treatment to assist in their recovery. Both the State and Federal government believe this is a socially beneficial situation and that is why they formulated the State and Federal Fair Housing and Employment Acts and the Cal. Health and Safety Code, sections 11830, et. seq.; 13. The twenty-eighth "WHEREAS" states reasons for this legislation, which are really unnecessary. There are existing nuisance laws and other personal protection laws that can be used to assure facilities are not operated in a way that constitutes a nuisance; as stated above, there cannot be a valid argument regarding "overconcentration" of neighborhoods; and, the City of Anaheim can provide sober living homes community housing resource information in person or on its website. 2 C:AUsers\jhall\AppData\Local\Microsoft\Windows\lNetCacheAContent.Outlook\7R57J5GD\20200803 City of Anaheim Ordinance comments v2 .docx Public Comment From: Tamara Jimenez <tjimenez@lighthousetreatment.com> Sent: Tuesday, September 15, 2020 11:38 AM To: Public Comment Cc: Loretta Day Subject: Fwd: CCF Draft Ordinance _City of Anaheim Attachments: 20200803 City of Anaheim Ordinance comments v2..docx; ATT00001.htm; 20200915 tjs 2 ted white re ordinance.pdf, ATT00002.htm Please see below Have a great day, Tamara Jimenez Community Relations Manager Lighthouse CONFIDENTIALITY NOTICE: This message is protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of this information unless a written consent is obtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Begin forwarded message: From: Timothy Salyer<tsalye r@Iighthousetreatment.com> Date: September 15, 2020 at 11:22:52 AM PDT To: Ted White <TedWhite@anaheim.net> Cc: Tamara Jimenez <tjimenez@lighthousetreatment.com>, Subject: RE: CCF Draft Ordinance _City of Anaheim Ted, attached please find a copy of: 1. Letter to you regarding ordinance; 2. Memo re proposed ordinance. I would appreciate it if you could see that all council members get a copy of each. I appreciate working with you on this. Tim Lighthouse 151 Kalmus Dr., K-1 Costa Mesa, CA 92626 714-328-3230 Cell The information in this e-mail and in any attachments, documents, files or previous email messages attached to it, are confidential, privileged and intended solely for the use of the person to whom it is addressed. If you are not the intended recipient, or person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, distribution, copying or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. This communication may contain information that is subject to legal, professional, or other privilege, or may otherwise be protected by privilege, work product, immunity or other legal rules. It must not be disclosed to any person without the sender's authority. Any unauthorized disclosure, distribution and/or copying of this e-mail or its attachments is strictly prohibited. Pursuant to 18 U.S.C. 2510-2521 and 2701-2709, the Electronic Communications Privacy Act, interception of e-mail is a crime. From: Ted White <TedWhite@anaheim.net> Sent: Friday, September 11, 2020 4:58 PM To: Timothy Salyer<tsalyer@lighthousetreatment.com> Subject: CCF Draft Ordinance _City of Anaheim Ti m, Thank you for taking the time to speak with me today. I appreciate your perspective, and the on-going service that your organization provides to the Anaheim community. Per our discussion, please find attached a copy of the draft ordinance that will be considered by the City Council next Tuesday. I also included the documents that summarize the changes proposed for ease of reference. For the complete staff report and all attachments, you can find them hese. as part of the City Council agenda. Please call or email if you have any questions. Best regards, Ted White Planning & Building Director I City of Anaheim 200 S. Anaheim Boulevard, Suite 162 Anaheim, CA 92805 714.765.5209 tedhit(nhimen_t For information on any modified services during the declared Emergency Health Crisis, please click here or visit https://www.a na heim. net/5464/City-Hal I -Services -Du ri ng -Coronavirus. IIEALTHCARE SERVICES, INC. September 15, 2020 Ted White Planning & Building Director City of Anaheim 200 S. Anaheim Boulevard, Suite 162 Anaheim, CA 92508 Dear Ted, Via Per out telephone conversation last week, I am writing this 1 proposed ordinance. As we discussed, the Anaheim LPghthc relationship it has with the entire City of Anaheim since 20( our efforts to provide quality substance abuse treatment and the City of Anaheim community. We also appreciate your efforts to include us in the process a: proposed ordinance. As I mentioned in our conversation, we of local cities to develop a reasonable solution to the probleir providers of sober living environments. We followed the Cit following the City of Costa Mesa case(s). 151 KalmuDrive, Suite K-1 Costa Mesa, CA 92626 Phone 7147384-3339 Fax 714-384-3879 11 ,r regarding the above -referenced. " truly appreciates` the business Yob have been very supportive in a good neighbor and member of -und the development of the re very familiar with the attempt created by less than quality of Newport case(s) and are While we recognize and support the City of Anaheim's position around this issue; we see some potential litigation issues for the City of Anaheim, not unsimilar to those the Cities of Newport Beach and Costa Mesa face(d). I have attached a memo that I modified since the I last circulated it. It addresses each concern. The main thrust of this legislation appears to be tl of sober living homes in the City of Anaheim and complaints" about overcrowding, parking, noise a provided that supports an ordinance that may rests suspect the City gets many more complaints regar residents use their garage for storage and park on statement at there is an overconcentration Le City "receives continuous resident loitering. Yet, there is no factual basis t constitute Drial rights of a protected class. I ng parking where large apartment complex local streets- If the City does receive complaints, they must be number of complaints to support this action. Tha ordinance. It begs the question, "Why have they listed as a basis for this action can be address wit] (overcrowding), nuisance (noise), loitering and p€ The City offers the statement that there are 2051 and an additional 67 sober living beds. They be] supporting that assertion. These numbers surely "overconcentration" or "impairing the integrity ( number of beds in relation to the population of tl attached memorandum, it is less than '/2 of 1 %. would be of offered Why not provid )d factual suppo s information." current orfinances related to king code enforcement actioi beds in the the exact for the 'he other issues of Anaheim ve there aw, more, but have no facts moot be el vated to a status of residential neighborhoods". It is a paltry City of Anaheim. As I pointed out in the So, those are our concerns. Our sober living beds are only successfully completed our residential treatment program. them back to society successfully. We don't have an issue we see a bigger potential issue for the City. We urge the cc and caution on this issue. Whatever their decision, we will City of Anaheim and support the City whenever possible. Sincerely HEALTHCARE SERVICES, INC., dba Anah By: Timothy J alyer, Esq., CEO Cc; Tamara Jimenez Attachment: Memo re Legislation L by residents why offer that service I compliance, but it to proceed Witt ain a contributing have o transition as stated above, member of the SAFfles\HMCity ofAnaheir&SLE Regu[ationlCorresPondence1202009 5 tis 2 ted white; city f wlaheirn re sle ordinance.doc Attachment to Letter dated September 15, 2020 Anaheim Lighthouse Comments on Ordinance No. Proposed Ordinance & Zoning Code Amendment No. 2020-001-0170 City of Anaheim 1. The seventh "WHEREAS" contains reference to the Department of Alcohol and Drug Programs ("ADP"). ADP no longer exists for several years. They were replaced with the Department of Health Care Services ("DHCS"). This was addressed in the second draft. 2. The nineth "WHEREAS" has a typo on line four "and non -state". Separate "and" and "non". This issue was addressed in the second draft. 3. The thirteenth "WHEREAS" states Anaheim has 205 licensed and/or certified alcoholism and drug abuse recovery or treatment facilities providing 205 beds. The City of Anaheim is the largest city in Orange County by population with 347,000 residents. The 205 beds represent .059% of the total population, which is miniscule; 4. The sixteenth "WHEREAS" says, "overconcentration of these facilities in residential neighborhoods may lead to the institutionalization and commercialization of such neighborhoods..." This is a clearly false assumption inasmuch as they represent on .059% of the total population of the City of Anaheim; 5. The twentieth "WHEREAS" cites a 1997 study by the American Planning Association to support the proposition that "limiting the number of recovering addicts that can be placed in a single-family home enhances the potential for their recovery..." This is a study that is 23 years old. It is NOT prepared by a "clinically qualified" organization that has studied addiction treatment for the last 23 years where significant strides have been made in the treatment field. At least cite a clinically qualified study. This looks like a boot strap argument to anyone in the addiction field. If there is a study regarding the number of addicts living in a home, it could be cited, but it is highly doubtful; 6. The twenty-first "WHEREAS" argues that sober living homes do NOT "provide the disabled with an opportunity to `live in normal residential surroundings' but rather places them into living environments bearing more in common with the types of institutional, campus, and/or dormitory living that the FEHA and FHAA were designed to provide relief from for the disabled, and which no reasonable person could contend provides a life in a normal residential surrounding..." Sober living homes were never intended to do that. They are intended to be a temporary intermediary step between institutions and home. This is consistent with every clinical study and several national institutions who proscribe a "continuity of care" curriculum for recovery, such as, ASAM, SAMHAS and the Department of Mental Health. This "WHEREAS" misses the point completely as written; 7. The twenty-second "WHEREAS" points out some non-essential and irrelevant distinctions between a sober living environment and a single residential housing unit. The first one (1) is not true. Recovering addicts generally have more significant ties than a family. Their ties are life threatening and of utmost importance. A normal household has ties that are not "chosen". The second (2) one is not correct either. The "head" of the "family" makes that decision, just as the head of the family makes that decision in a normal household. It is really a hair-splitting distinction. The same with the third (3) one. There is no "sharing" of costs between the parents and the children. The parents pay for everything. Additionally, what significance is that? Number (5) is not true either. First, most all sober living homes operate in a similar fashion as a normal household. There are rules to follow. When broken, they are afforded additional chances to comply. Only when a member fails to comply in a repeated manner they are asked to leave, unless it is a cardinal transgression. This is similar to a normal household. That is why there are so many juveniles in juvenile halls in Orange County; 8. The twenty-third "WHEREAS" is really incorrect. ALL neighborhoods have parking problems when teenagers drive. Many households have 5 or 6 cars, depending on how many teenagers live there; 9. The twenty-fourth "WHEREAS" is not correct. The City of Newport Beach, for instance, has such a parking problem on the peninsula and in Newport Heights, that ALL those areas have parking restriction and a sticker system. They have extended the parking restriction into the Dover Shores area. This is ONE city in Orange County. It has zero to do with sober living homes. It has everything to do with tourists and teenagers, especially in Newport Heights by the high school. Parking problems in cities cannot be blamed on sober living homes. This is especially true in Anaheim, where 205 beds represent only .059% of the total population; 10. The twenty-fifth "WHEREAS" is misleading. The distance requirements of the "State Law" applies ONLY to mental health facilities. Again, at .059% of the total population, there can be no valid argument related to "overconcentration" in Anaheim; 11. The twenty-sixth "WHEREAS" again is based on the fiction that there "may" be an overconcentration of sober living homes in the City of Anaheim. Again, the City of Anaheim is the largest city in Orange County. .059% sober living beds to population ratio is infinitesimal. You cannot make a serious argument that this number represents a threat of overconcentration in Anaheim. Therefore, there is no need, nor any basis, for this legislation and the distancing requirements; 12. The twenty -seventy "WHEREAS" makes little sense at all. The recovering addict DOES get preferential treatment to assist in their recovery. Both the State and Federal government believe this is a socially beneficial situation and that is why they formulated the State and Federal Fair Housing and Employment Acts and the Cal. Health and Safety Code, sections 11830, et. seq.; 13. The twenty-eighth "WHEREAS" states reasons for this legislation, which are really unnecessary. There are existing nuisance laws and other personal protection laws that can be used to assure facilities are not operated in a way that constitutes a nuisance; as stated above, there cannot be a valid argument regarding "overconcentration" of neighborhoods; and, the City of Anaheim can provide sober living homes community housing resource information in person or on its website. 2 C:AUsers\jhall\AppData\Local\Microsoft\Windows\lNetCacheAContent.Outlook\7R57J5GD\20200803 City of Anaheim Ordinance comments v2 .docx Public Comment From: Sent: To: Subject: Attachments: Please see attached. Sherry Daley Tuesday, September 15, 2020 1:41 PM Public Comment Public Comment RE: Item 23, Recovery residence Zoning Proposal Anaheim City Council 9_15_2020 Final.pdf, Attachment A legislative counsel opinion.pdf Sherry Daley Vice President of Governmental Affairs and Corporate Communications 111�;�Pp Professionals California Consortium of Addiction Programs and Professionals September 15, 2020 The Honorable Harry Sidhu Mayor City of Anaheim 200 S Anaheim Boulevard, 7th Floor Anaheim, CA 92805 2400 Marconi Ave. T (916) 338-9460 ccapp.us Sacramento, CA 95821 F (916) 338-9468 Re: Item 23, Recovery Residence Ordinance Dear Mayor Sidhu: On behalf of the California Consortium of Addiction Programs and Professionals (CCAPP) - the largest statewide consortium of community-based for profit and nonprofit recovery residences - we respectfully request your "no" vote on item 23, a discriminatory ordinance against people in recovery that will subject the City of Anaheim to significant litigation costs and increase homelessness in the jurisdiction. Simply put, the ordinance is discriminatory at every level because it asks people of a disabled class to adhere to regulation that people who are not disabled are not required to conform to. Employment checks, 24-hour supervision of adults in recovery, and distance requirements are glaringly not "reasonable accommodations," in any sense of the definition. The ordinance has been crafted in an extreme manner which will assuredly lead to its rejection by the Department of Fair Employment and Housing, as well as significant litigation from the disabled persons being impacted by it. CCAPP met with city representatives concerning this ordinance and provided written suggestions for its construction. Although some minor changes were made by the Planning Commission, the prima facie discriminatory nature of the ordinance has not been addressed. Rather than address the discrimination created by the ordinance, staff has surrendered to political direction, driven by NIMBY pressure, that seems to say, "We know the city will be sued, but this is what `council' wants." Staff has cited a recent rejection of the temporary injunction in the Yellowstone Womens First Step Nouse Inc et al v. City of Costa as reason to assure council that taking this route will somehow result in a positive outcome in litigation. This is a completely false narrative being promoted by Costa Mesa council members facing re-election and biased media sources. In Pacific Shores et. al. v. City of !Newport Beach, the Ninth Circuit Court of Appeals also ruled against a temporary injunction when that case began; this was not a harbinger for successful litigation in this arena. That suit resulted in the City of Newport Beach agreeing to pay $5.25 million to settle a federal lawsuit filed by a group of recovery residences. Given the settlement and both outside and in-house counsel, this case cost the City of Newport Beach well over $10 million over the seven year course of trying to defend its actions. Given the precarious budget issues facing all cities in California at this time, council members must consider the cost that will be required to defend the ordinance, and, as staff has pointed out, there are other cities with similar ordinances now being sued. Wouldn't it be prudent to delay passage of the Inspiring Excellence, Promoting Change ordinance until one or more of these cases is settled? There seems to be no urgency that would warrant council taking such a drastic, litigation -prone approach to resolving conflict between neighbors and people in recovery. Some of the items in the proposed ordinance (see detailed list attached), including the requirement of 24-hour paid supervision for a six bed residence, will assuredly close recovery residences, making vulnerable people who have made all of the right steps to reintegrate into society, subject to homelessness. It is incomprehensible, in this economy and with homeless at a critical level, that this legislative body would consider exacerbating this issue at this time. CCAPP presented planning commission with suggested language for an ordinance that does not impact recovery residences that do not pose problems for neighbors, and that we believe is nondiscriminatory in nature. CCAPP recommends that all local governments use nationally recognized certification of homes as a means to determine disability class within the jurisdiction. Simply put, if the city is experiencing problems with a "so-called" recovery residence (drug use, safety issues for the residents or neighbors) it could compel that entity to prove its Americans with Disabilities Act standing by requiring it to become certified. If the entity cannot establish certification, or has had its certification revoked by the national affiliate, it would no longer meet fair housing protections and the city could move to close it on the grounds that it would be a boarding house where not properly zoned. This approach would allow experts with decades of experience to provide the city with accurate information as to the nature of the living situation in question, thus providing the city with solid evidence to remove the "recovery residence" standing from the operator. This is also a no cost solution which will avoid future litigation. Before moving forward with an ordinance at this time, CCAPP implores the council to consider this alternative approach (attached). The council can always return to the ordinance proposed tonight should another city (doubtful) successfully litigate an ordinance such as the one being presented for your consideration tonight. Thank you for your consideration. Sincerely, Pete Nielsen Chief Executive Officer c.c.: Mayor Fro Tern Stephen Foessef, Councilmembers: Barnes, Brandmon, Moreno, Kring, and O'Neil Inspiring Excellence, Promoting Change Specific Considerations Obiectionable in the Ordinance 1. WHEREAS, over the past several years, cities within Orange County and the State have seen an increase in the number of homes in residential neighborhoods being utilized as state licensed and non -state licensed community care facilities; state -licensed AOD facilities; and, nonstate licensed facilities such as Sober Living Homes. This increase in such facilities has become a rising concern in many cities and counties in the State, and as such, there have been numerous state attempts at legislative fixes that have failed; and Fails to point out that these numerous state measures have failed because they were deemed contrary to state and federal law (see attached Legislative Counsel Opinion). WHEREAS, records from DH CS dated May 28, 2020 show that the City is home to 15 licensed and/or certified alcoholism and drug abuse recovery or treatment facilities, providing 205 beds. The City is one of 10 cities in Orange County that has 10 or more facilities within its jurisdiction, and one of four cities in Orange County that provides more than 200 beds within its jurisdiction; and The City of Anaheim has a population of 352,000 residents. A survey of American adults revealed that drug use disorder is common, co-occurs with a range of mental health disorders and often goes untreated. The study, funded by the National Institute on Alcohol Abuse and Alcoholism (NIAAA), part of the National Institutes of Health, found that about 4 percent of Americans met the criteria for drug use disorder in the past year and about 10 percent have had drug use disorder at some time in their lives. 4% of Anaheim's population is 14,080. Anaheim has a severe shortage of necessary AOD beds for its population. WHEREAS, the Orange County Sheriff Department ("OCSD") administers Orange County Adult Alcohol & Drug Sober Living facilities Certification Program, which is a voluntary certification program for Sober Living Homes. The county has a voluntary certification program — huge distinction. CCAPP is recommending that a voluntary approach be taken unless there is a substantiated need to determine ADA status. WHEREAS, overconcentration of community care facilities, ADD Facilities and Sober Living Homes impair the integrity of residential neighborhoods and may lead to the institutionalization and commercialization of such neighborhoods; Discriminatory on face value. Would a concentration of birdwatchers Living together degrade a neighborhood? Would a concentration of LGBTQ individuals degrade a neighborhood? There are no services in a recovery residence; they are not institutions. 5. WHEREAS, the City receives continuous resident complaints regarding residential facilities expressing concerns such as overcrowding, parking, noise, and loitering; and Inspiring Excellence, Promoting Change CCAPP has asked for evidence of "continuous" from staff and received no response. CCAPP will submit a Public Records Act request to evaluate whether these complaints include defamatory and discriminatory comments about the nature of the disability this group of people has. Are staff and council developing policy due to unmitigated code violations, or complaints about "those people?" There are code enforcement provisions to address noise and parking — why is this class of people being treated differently from other who may violate noise or "overcrowding" ordinances? 0. WHEREAS, permitting six or fewer residents in non -licensed community care facilities and Saber Living Homes and establishing separation requirements is reasonable and nondiscriminatory because: (1) the State legislature, in establishing state- licensed community care and alcoholism or drug abuse recovery or trea-,ment facilities as a residential use, found that six residents was a sufficient number to provide the supportive living environment that experts agree is L-eneficial to recovery; (2) the official positon of the American Planning Association as reflected in the Policy Guide on Community Residences (1997) recommends that residential care facilities should not be concentrated in a single neighborhood or block and that if they were to locate next to another or be placed on the same block, the ability of the residents of such facilities to be normalized into the community would be compromised; and, (3) limiting the number of recovering addicts that can be placed in a single-family home enhances the potential for their recovery as it prevents overcrowding and provides for comfortable living environments; and (1) Point (1) has no factual context. Staff was asked to provide any evidence to demonstrate the Legislature found this; none was received. Also, persons in treatment do not "live" in a treatment program. Their treatment episode is limited in duration. Recovery residences are not treatment facilities; the statement has no bearing even if it were factual. The Legislature has specifically rejected attempts to regulate these homes as recently as January, 2020: The Legislature has rejected more than 15 bills attempting to regulate this housing due to its conflict with state and federal statute. The most recent measure, SB 486 (Bates) was rejected by Senate Health Committee on January 15, 2020, with repudiation from its Chair, Senator Richard Pan: "The challenge is that fundomentally we can't basically say that, well these are sober living homes and that these ore "other houses," right? So whatever rule we apply. it has to apply across all living situations. That's what the FHA Says. If we are going to take any approach (to regulating) on the homes side, we have to think about things that apply equally to all houses. The fundamental issue is, unfortunately, the bill runs afoul of civil rights law and housing laws.» (2) There is no evidence to support paint (3). The study cited is 23 years old and is NOT prepared by a "clinically qualified" organization that has studied addiction treatment. Significant strides have been made in the treatment field over more than two decades, as has societal acceptance of alternative living groups. Those representing recovery residences are the experts and they agree that a recovery residence in proximity to a treatment facility is healthy and encourages participation in alumni activities that promote long term sobriety for the residents and clients currently in treatment. Inspiring Excellence, Promoting Change WHEREAS, non -state licensed community care facilities, especially Sober Living Homes, often do not function as a single housekeeping unit nor do they fit the City's zoning definition of a single housekeeping unit, as proposed, for the following reasons: (1) the residents generally do not have established ties to each other when they move in; (2) the residents have little to no say about who lives or does not live in the home; (3) the residents do not generally share expenses; (4) the residents are often responsible for their own food, laundry and phone; (5) when residents disobey house rules they are often simply removed from the house; (6) there is a third party property manager (i.e. house manager) that oversees the operation of the facility; and Recovery residences that are certified with national standards, as well as others operating with no certification, DO operate as a single housekeeping unit. Specific standards require them to do so as follows: Zoning as a Single Family' Residential Unit: Typically, recovery residences operate as a single household for living and sleeping purposes, having only one kitchen and separate toilet facilities. They are single households where the occupants of the dwelling will have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities. They have no indications that they will not be operating as single household: members of the household do not have separate, private entrances from other members; members of the household do not have locks on their bedroom doors; members of the household do not have separate food storage facilities, such as separate refrigerators. Homes that have been certified by the California Consortium of Addiction Programs and Professionals meet the National Alliance for Recovery Residence Standard 14 which requires a family -like setting: "14. The residence is comfortable, inviting, and meets residents' needs b. Verification that furnishings are typical of those in single family homes or apartments as opposed to institutional settings; c. Verification that entrances and exits are home -like vs. institutional or clinical.; d. Verification of 50+ sq. ti per bed per sleeping room. h. Verification that laundry services are accessible to all residents." A family atmosphere is also required for certification. Participants must have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities. Homes that are certified by the California Consortium of Addiction Programs and Professionals meet the National Alliance for Recovery Residence Standards 15, 23. b, 27. a -f, and 28. a- d, which requires interaction and joint use of common areas: "15. The living space is conducive to building community a. Verification that a meeting space is large enough to accommodate all residents, b. Verification that a comfortable group area provides space for small group activities and socializing; c. Verification that kitchen and dining area(s) are large enough to accommodate all residents sharing meals together. d. Verification that entertainment or recreational areas and/or furnishings promoting social engagement are provided." Additionally, CCAPP certified recovery residences are required to operate as a family as follows. - 2 7. ollows: 27. Sustain a "functionally equivalent family" within the residence by meeting at least 50% of the following: a. Residents are involved in food preparation. b_ Residents have a voice in determining with whom they live. e. Residents help maintain and clean the home (chores, etc.). d. Residents share in household expenses_ e. Community or residence meetings are held at least once a week_ f Residents have access to common areas of the home. 28. Foster ethical, peer -based mutually supportive relationships among residents and staff a. Engagement in informal activities is encouraged. b_ Engagement in formal activities is required. c Community gatherings, recreational events and/or other social activities occur periodically. d. Transition (e.g. entry, phase movement Inspiring Excellence, Promoting Change and exit) rituals promote residents sense of helnnging and confer progressive status and increasing opportuniti(.-s within the recovery living envirouunent cuid conununity." The insistence on staffs part to refer to these homes as "facilities' is erroneous. They are not facilities. Persons living in them form close social bonds and meet to decide important issues, including roommate selection. Discriminatory nature of four tests four "single housekeeping units:" "Established ties" before moving in: Many recovery residence participants know one another from having completed treatment together or through mutual aid societies. Will the standard of whether all persons know a new resident before he or she becomes a member of the group, be applied to other groups of persons living together? Will college roommates be required to prove they have "established ties" with each new roommate betore allowing them to live together? Will families who invite a distant relative to move in be required to prove their children know and approve of the new roommate? If the answer is "no," the city is applying a divergent standard to a disabled class pf people. Say about who lives or does not live in the home: Recovery resident participants agree when choosing this lifestyle to give other recovering persons a chance to belong to their family unit. In choosing this lifestyle, each commits to accepting new roommates who will become part of the family. Each expects that there will be some members of the family farther along on their personal recovery journey and others who are just beginning, This is PRECISELY why this family unit works and why persons in recovery choose this lifestyle. To say participants have no choice is false. They choose to live in this manner from the first day of moving into the home. Shared expenses: Of course residents share expenses. All contribute to rent, utilities, and dedicate time and energy to the upkeep of the home. Laundry is typically accessible to all persons living in the household. Like other families, people are expected to do their own laundry and clean up after themselves. Yes; residents pay their own phone bills. Will all families that require young people living in their homes to pay their cellular telephone bills be expected to follow this ordinance for lack of "shared expenses?" 4. See above. Removal from the home: In (2) staff states that residents have little choice concerning roommates and here staff states that persons can be removed for disobeying a set of rules the roommates have agreed upon. Removal of residents is generally driven by other residents' desire to maintain the healthy family unit that has pledged a drug-free lifestyle. Residents do have a say in roommate situations where they are unconducive to the family's goals. It is not uncommon for other families to ask a member of a family who is using drugs and disrupting other members' daily lives to move out. Will other families be required to prove they are a single housekeeping unit if their "policy" is to ask members who will not comply with family norms to leave, or is this provision only for people living in recovering family units? Third party property manager that oversees the operation of the facility: All rental properties have a third party property manager; will all rentals need to abide by this ordinance? There is NO facility and there is no "operation" being overseen. House managers live with residents and are part of the family in much the same way a parent Inspiring Excellence, Promoting Change would act as mentor, leader, and person who encourages that rules are followed, chores are completed, and disputes are amicably resolved. 8. WHEREAS, because of the residents' independence from each other, non -state licensed community care facilities and Sober Living Homes, may present impacts not typically associated with more traditional single-family uses, including a disproportionate numbers of cars associated with the facility, which may cause parking problems in the neighborhood; and If there is already a residential parking permit program in the city, why is this group of citizens required to have a separate regulation that is more specific and stringent? Is this discriminatory? Do large families who are not in recovery face similar consequences? 9. WHEREAS, a 3001 -foot distance requirement for non -state licensed community care facilities is appropriate as it is consistent with State Law, which states that there is an overconcentration of certain state -licensed community care facilities if such facilities are separated by a distance of 300 feet or less; and The types of facilities where distance requirements may be imposed is set by state statute. This ordinance is contrary to this statute. State statute applies to licensed facilities only and the arbiter who decides whether "overconcentration" exists is the Department sof Health Care Services: 1520.5. (b) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of residential facilities that impair the integrity of residential neighborhoods. Therefore, the department shall deny an application for a new residential facility license if the department determines that the location is in a proximity to an existing residential facility that would result in overconcentration. 10. WHEREAS, a 800 -foot distance requirement for Sober Living Homes is appropriate, as it is consistent with an average block length of a typical residential neighborhood in the City and provides a reasonable market for the purchase and operation of a Sober Living Home in the City while preventing overconcentration; and Why is this "'appropriate?" Even for state licensed facilities, 300 feet is what statute dictates. Again, is the city acting in a discriminatory manner by requiring three times the distance for this disabled class of people who are not living in a licensed facility? 11. WHEREAS, even with the separation requirements, this ordinance provides non -state licensed community care facilities and Sober Living Homes with preferential treatment in that non - disabled individuals in a similar living situation (i.e. boarding house) cannot reside in single family residential zones; and What "non -state licensed community care facilities" are being referenced? All community care facilities providing services are required to be licensed as per Health and Safety Code 1503.5: Inspiring Excellence, Promoting Change (a) A facility shall be deemed to be an "unlicensed community care facility" and "maintained and operated to provide nonmedical care" if it is unlicensed and not exempt from licensure and any one of the following conditions is satisfied: (1) The facility is providing care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (2) The facility is held out as or represented as providing care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (3) The facility accepts or retains residents who demonstrate the need for care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (4) The facility represerils itself as a licensed crummuniLy care facility. (5) The facility is performing any of the functions of a foster family agency or holding itself out as a foster family agency. (6) The facility is performing any of the functions of an adoption agency or holding itself out as performing any of the functions of an adoption agency as specified in paragraph (9) of subdivision (a) of Section 1502 or subdivision (b) of Section 8900.5 of the Family Code. (b) No unlicensed community care facility, as defined in subdivision (a), shall operate in this state. (c) Upon discovery of an unlicensed community care facility, the department shall refer residents to the appropriate local or state ombudsman, or placement, adult protective services, or child protective services agency if either of the following conditions exist: (1) There is an immediate threat to the clients' health and safety. (2) The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license. Is this term "unlicensed comm unity care facility" being inserted into this ordinance in a veiled attempt to reduce the discriminatory nature of the ordinance by requiring that it apply to others who are not protected by the Americans with Disabilities Act? 12. .0102 Operator's Permit. Any person desiring to operate a Community Care Facility - Unlicensed (Small), or a Sober Living Home (Small) without a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department shall first obtain an Operator's Permit in compliance with the provisions of this section. All such applications shall be referred to the Chief of Police (or his or her designee), who shall conduct all necessary investigations. In what other instance is law enforcement invited to inspect the residence of a person or family? This is one of the most egregious requirements of the ordinance which will assuredly be deemed discriminatory and a violation of privacy. On what basis will the chief make this decision? Why is law enforcement involved in housing decisions? Do other families need permission from the chief of police to live in the neighborhood they choose? If this standard were applied to another select group of people, Black, blind, LGBTQ, etc., wouldn't it immediately be seen as discriminatory? Inspiring Excellence, Promoting Change 13. .04 The owner/operator or staff person of a Sober Living Horne fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non- prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. The ordinance asks for "immediate removal' of persons not "actively participating" in a "legitimate recovery program" and to ban communication with other residents, Substance use disorder is prone to relapse. A person should not become homeless for relapse. What immediate measures are to be taken? The staff report complains about "throwing people out" and the ordinance requires this. Is this consistent? Substance use disorder is a medical issue. Anyone relapsing may be in physical danger and in need of detoxification or treatment. It takes time to contact family, arrange for detoxification, and find an open treatment bed. If someone dies due to "immediate removal," wouldn't the city be exposed to litigation? Council should be aware that "immediate removal" of a client in a licensed treatment program is prohibited by regulation due to safety concerns for the relapsing client. Many recovering people are not in need or do not desire to participate in recovery programming. This is their right. If hiking in the wilderness and reuniting with family are the recovery activities that enhance and individuals' recovery journey, they have a right to devise any and all methods to support their recovery as possible. Will city staff, with no knowledge of recovery define what is "legitimate?" What will constitute "active participation?" People in recovery are mature adults with civil rights which include the right to pursue personal recovery activities as they choose. This onerous requirement will assuredly draw civil rights litigation. To prove program attendance, requires violating the disabled persons' privacy (particularly if the attendance involves outpatient treatment, a medical service, as opposed to mutual aid meetings). Many persons in long term recovery do not necessarily attend meetings or have a need for outpatient services. How does the city intend to take this into account? Is forcing a person to attend a religious group or seek medical attention they no longer need contrary to the civil rights of this group of disabled individuals? Has staff consulted any civil rights attorneys to determine if this policy will draw civil rights organizations into any future litigation? Is Council aware that the City of Dana Point has successfully sued a recovery residence for requiring that outside services be attended as a violation of state licensing law for alcohol drug treatment facilites? Does this requirement make recovery residences "integral facilities" that require licensing? Has staff posed this question to the licensing authority (DHCS)? 14- .01 Any owner/operator or staff person of the facility has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test, and selling or furnishing illegal drugs or alcohol. .02 Any owner/operator or staff person of the facility has been convicted of or pleaded nolo contendere, within the previous five (5) years for an owner/operator or within the previous three (3) years for a staff person, to any of the following offenses: Inspiring Excellence, Promoting Change (e) Any offenses in violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Ccde Sections 11054, 11055, 11056, 11057 or 11058, as may be amended., 11055, 11056, 11057 or 11058, as may be amended. Where would the city obtain employment and criminal background information? Many people with substance use disorder lose employment for reasons stated in the ordinance. House managers live at the residence. Denial of housing based on employment history is beyond reasonable. Realizing that people in early recovery often have legal issues connected to previous drug use, denial of housing based on criminal history, including simple possession of cannabis, is discriminatory and specifically designed to limit this type of housing. Are other renters in the jurisdiction denied housing for this broad array of criminal acts? Has staff consulted housing attorneys about denial of housing based on criminal background or employment loss? Are other businesses who provide housing held to this standard? 15. .0203 The facility shall have a house manager who resides on site or any number of persons acting as a house manager who are present at the facility on a 24-hour basis or who will be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty- five (45) minutes notice and who are responsible for the day-to-day operation of the facility. Recovery residences are homes, not facilities. What is the "day to day operation?" What is the house manager responsible for? This requirement, particularly for smaller homes will make it economically unfeasible to exist. Recovery residences cannot simply require 24-hour supervision without paying the persons responsible for providing this service. Typically, house managers, senior residents, or mentors are paid a small stipend for thir contributions to the leadership they provide. To change this model to 24-hour supervision would make this type of housing unaffordable. Three 8 -hour shifts at $15 per hour would increase the cost to the unit to $2,520 per week, or $110,080 per month. If it is the City's intention to expel this housing from the jurisdiction via onerous financial requirements, the resulting homelessness increase should be taken into consideration. Persons in this stage of recovery are not in need of supervision as determined by the American Society of Addiction Medicine: Although persons in recovery are afforded protection under the Americans with Disabilities Act, the disability concerned does not imply that persons in recovery are in need of physical assistance (dressing, feeding) or in need of supervision. In fact, the American Society of Addiction Medicine placement criteria for addiction patients, originally published in 1991 and now in its third edition (2013), directly contradicts the notion that persons in recovery residences are being supervised, in a clinical sense. Use of this criteria is a decades old industry standard and is now required for all programs licensed or certified by the Department of Health Care Services. By definition, persons living in a recovery residence do not require supervision. Applying ASAM criteria, persons in a supportive living environment would, at most, be classified as level 1.0, although many in long term recovery may not even be assessed as needing any treatment: Inspiring Excellence, Promoting Change ASAM PLACEMENT CRITERIA LEVELS OF 1 OUTPT 2 INTENSIVE 3 MEQ s MEQ OF CARE OUTPT MOW INPT MGD INPT 1, Bloc la w risk minxnal am* rrsk severe risk W01111111110111111er1aR/Cal 24 -ter acute MXdleat med care no risk manageable requ1W faeglMeled 2444 psych pesydVBB tav a atit�Wort C,O npkag4tM no risk mild severity ntt ft to TX necWW cooperafes 24- heed iiaadl►Kits but raqueres needs 24 -ht Fix Cha -v Cooperative structure motrvatrng �. mor@ symplarns, unable to Raw" maem7aens needsclose contr'OI uia in potenhw abstmcnce mmtonng outpt care = danw toe lass support log sbcal ROCDMV W? MIUCILIrc encapactly EntirannWint suppnrtrve c:rr1 COW 1- autpt At ASAM Level I placement/Recovery Environment, it is clear that medical experts do not consider supervision to be necessary. Likening this level to a mental health scenario, one could compare this level to a patient who has received a higher level of care, inpatient or otherwise, and is now perhaps receiving medication and attending weekly therapy. 16. .0207 Sober Living Home shall not provide any of the following services as they are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended: detoxification, educational counseling, individual or group counseling sessions, and treatment or recovery planning. Section 10501(a) includes supervision as a service: (3) "Care and Supervision" means any one or more of the following activities provided by a person or facility to meet the reeds of the clients: (A) Assistance in dressing, grooming, bathing and other personal hygiene. (B) Assistance with taking medication, as specified in section 80075. (C) Central storing and/or distribution of medications, as specified in section 80075. (D) Arrangement of and assistance with medical and dental care. (E) Maintenance of house rules for the protection of clients. Inspiring Excellence, Promoting Change (F) Supervision of client schedules and activities. (G) Maintenance and/or supervision of client cash resources or property. (H) Monitoring food intake or special diets. (1) Providing basic services as defined in section 80001(b)(2). The ordinance both requires and prohibits: "(E) Maintenance of house rules for the protection of clients." Perhaps the ordinance was rushed if staff did not perform a simple review of referenced regulations and should be tabled until a thorough examination of the ordinance can be performed. Additionally, the State of California and the nation are rapidly moving toward medicated assisted treatment for opioid use disorder which requires central storing of medications (C) for some in early recovery. Prohibiting the illegal use of prescribed medications while prohibiting one of the means to accomplish this by banning central storage of medicines is contradictory and could put some residents at risk of opioid overdose when recovery residences in the jurisdiction are forced to deny persons using medication assisted treatment to live in recovery residences due to this prohibition. 17. .0209 .03 A good neighbor policy, which, at minimum, requires residents to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. Are other citizens prohibited from profanity or being "obnoxious?" Are other families required to respond to neighbor's complaints? Who decides what "unduly interfering" means? There are code compliance mechanisms in place to handle such complaints for other persons in the jurisdiction. Why is this disabled class being subjected to different criteria with consequences that can lead to removal of housing for them? Should all citizens in the jurisdiction who violate noise codes or use their First Amendment rights to express themselves in poor taste be subject to loss of residency and homelessness? Is an arbitrary "be good" clause a reasonable accommodation? 18. .0210 .01 An active program participation policy that requires ail residents, other than the house manager, to actively participate in legitimate recovery programs located off-site. The sober living home operator shall maintain current records of program attendance. Who decides how much attendance is necessary for each person? What if working and reuniting with family is what enables a person to maintain sobriety and there is no need for a "program?" Why do residents need to leave to go to a meeting; what if the meeting is at their home? Maintaining records regarding medical and spiritual attendance for an individual is a violation of privacy, and in the case of outpatient treatment, a violation of Health Insurance Portability and Accountability Act of 1996. Asking city staff to review the personal health and spiritual activities of any of its citizens is a violation of privacy on every level. 1.9. "Family." An individual or a collective body of persons, living together as a single housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other, as distinguished from a group Inspiring Excellence, Promoting Change occupying a boardinghouse, lodging house, club, fraternity, sorority, hotel, motel, or any residential or group care facility requiring a conditional use permit. Current Anaheim Municipal Code defines a family as persons living together who share a "domestic bond of social, economic and psychological commitments to each other." That is precisely what these living environments are doing. To selectively remove them from this definition based on their disability is poor policy from a financial, humanitarian, and societal basis. Inspiring Excellence, Promoting Change RECOVERY RESIDENCE LOCAL REGULATION GUIDELINES Presented by l ire California Consortiuni of Addiction Programs and Professionals Rale of CCAPP: CCAPP represents over 700 recovery residences in California and is an affiliate of the National Alliance for Recovery Residences. CCAPP formed by consolidation with the oldest certifying organization for recovery residences who has implemented quality standards for this type of housing since 1979. CCAPP regularly inspects recovery residences throughout the state to ensure they are meeting national standards for quality and adherence to recovery residence principles which include maintaining a family -like environment in each home. Emphasis on recovery residences as families: In a 1980 California Supreme Court decision, City of Santa Barbara v. Adamson, the court ruled, based on privacy rights, that definitions of "family" for purposes of zoning cannot distinguish between related and unrelated individuals. Following are examples of legal definitions of family local governments can use: Example 1 One or more persons living together as single house -keeping unit Example 2 One or more persons, related or unrelated, living together as a single integrated household in a dwelling unit Recovery residences and other independent living environments for persons with addiction, that function as a family, do not provide care, treatment, individual or group counseling, case management, medication management, or treatment planning, and do not supervise daily activities. Therefore, sober living and independent living residences that function as families are not subject to state licensure requirements. What they do provide is a supportive family -like setting for unrelated adults. Typical characteristics of a family found in recovery residences may include: the formation of close emotional and psychological bonds, commitment to each other and emotional support, rotation of chores, eating evening meals together, and socializing together and engaging in shared activities of their choosing. Recovery Residences (Sober Living Homes) are very different from treatment centers, assisted living, medical residences, and mental health houses. The activities in the home do not require anyone to directly supervise residents or provide health/physical assistance. Residents form a supportive peer-to-peer family unit. The family structure of the Iiving space within a recovery Inspiring Excellence, Promoting Change residence is a critical element to its success. It is difficult to overestimate the degree to which participants interact as a family would. They share each other's challenges; contribute to one another's successes; and often develop lifelong relationships with one another. Role of Fair Housing Accommodations To prevent discriminatory decisions regarding zoning or regulation of recovery residences, policy makers must remove the lens of the disability that these types of household members share. Two helpful tests follow: Birdw atcher Analogy Assume that the family unit being examined for regulation or zoning, taking into consideration Santa Barbara v. Adamson, consists of a group of eight women over 50 who share a common interest: birdwatching. The eight women live in a private residence in a residential neighborhood. Some of the women have lived at the residence longer than others. Over a period of time, one or more of the eight (Nancy and Cathy) take on responsibilities such as gathering rent from the other members, making chore lists to ensure that the home stays presentable, organizing outings for bird watching trips, and mediating disputes between house members. Recovery residences developed from their earliest existence in this way. Members are not paying for services or being supervised. They live together as a family and akin to all families, some members provide leadership and generally keep the home in working order both physically and psychologically. If this group of housemates is not required to "register," agree to abstinence, seek a permit to live in a residential neighborhood, or agree to restrictions that other families do not submit to, any ordinance that seeks to treat people with addiction differently than birdwatchers, would be considered to be based upon the disability of the residents (addiction). It would therefore be considered discriminatory on its face. LGBTQ Analogy Assume that the family unit being examined for regulation or zoning, taking into consideration Santa Barbara v. Adamson, consists of a group of eight young adults who are gay or bi-sexual, who share a common need to support each other from a society that discriminates against their sexual orientation and decide that, for their safety and security, sharing a home together is a preferable option. Although this household likely is not common, it would never be considered for an ordinance to "regulate" it so that neighbors feel safe living near it. No local jurisdiction would contemplate crafting an ordinance to compel a household of gay men to come forward, make itself known, Inspiring Excellence, Promoting Change submit to "registering," agree to rules that if not followed would leave them homeless, or require them to prove they are anything other than an ordinary family unit. If a proposed ordinance cannot be applied to a home with a group of gay men living together, likewise it cannot be reasonably applied to people with addiction who choose to live together, without being considered equally discriminatory. This household of gay men enjoys another protection not shared by the birdwatchers. Under California law discrimination based on sexual preference is explicitly illegal. Individuals in recovery from substance use disorders are considered disabled for purposes of access to housing, and share the same statutory protection, under both California and federal law. Addressing Problem Homes without Discrimination CCA -PP's mission is to improve the quality of and access to addiction treatment and recovery services. For decades, CCAPP has actively sought to eliminate abusive or poorly run "recovery residences." The safety of people in recovery is the organization's primary objective. As such, CCAPP has spent years gathering data, meeting with attorneys, and working with the Legislature and Administration to create guidance that will assist local government in protecting people in recovery, while encouraging harmony for recovering people and the communities they have always lived in. The first rule for addressing problem homes is to treat them in the same way that any neighborhood problem would be addressed. Strong code enforcement is critical to ridding neighborhoods of nuisance homes. This approach does not violate the rights of the disabled because it is applied evenly, to all members of the community. CCAPP is abundantly aware that some operators victimize people in early recovery, offering cheap rooms with little or no "family environment" and no attempt to collaborate on supporting residents' goals in recovery. These types of arrangements are NOT family units and do not fall under the definition of recovery residence. They should be evaluated according to their structure (boarding house, group home, assisted living, etc.) and zoned as such. CCAPP also recognizes that there are times when a local government may be unable to determine whether a particular congregate living situation meets the definition of a bona fide recovery residence. In these instances, the local jurisdiction should be allowed to compel a home to become certified by an organization aff f ated with the National Alliance for Recovery Residences to settle any disputes about the classification of the home. To address nuisance homes that fail to utilize quality standards to the extent that they impact the health and safety of the residents and community, CCAPP recommends that local ordinances require continuous certification for violators. In this way, a local jurisdiction could challenge the Inspiring Excellence, Promoting Change zoning classification of boarding houses that masquerade as "sober living." It would also allow local jurisdictions to classify the use of a property as other than single family occupancy if its certification is revoked by the certifying organization for failing to fulfill its contractual agreements for quality and consumer protection. The use of certification to determine proper classification for property use is a way to ensure that a community can rid itself of poorly run boarding houses white leaving recovery residence families to continue to live without fear of discrimination. CCAPP has crafted a draft local ordinance for use in updating codes to reflect the needs of communities to address imposter recovery residences. The model ordinance relies on anti- discrimination foundations that CCAPP believes will withstand legal challenge from disability rights advocates and fair housing representatives. It is attached for your consideration. Inspiring Excellence, Promoting Change Recovery Residence Model Local Ordinance Proposed by: The California Consortium of Addiction Programs and Professionals Title: Recovery Residence Housing A. Recovery Residence. "Recovery residence" means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the Department of Health Care Services and does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01) of the Health and Safety Code. A recovery residence may include, but is not limited to, residential dwellings commonly referred to as "sober living homes," "sober living environments," or "unlicensed alcohol and drug free residences." B. Recovery Residence Zoning 1. Residents of a recovery residence shall be considered a family and the recovery residence shall be considered a residential use of property. 2. A recovery residence shall be allowed as a use by right in the following zoning classifications: dist all locations where dwelling units are allowed. 3. A recovery residence shall comply with the development standards for one family or multiple family dwellings, as applicable, located within the same zone. 4. To distinguish a recovery residence from other congregate living, group facility, or health facility designations, when the manner in which the residence is operated cannot be accurately categorized as a recovery residence, evidence of current certification from a recognized nonprofit certifying organization, as defined in C., shall be considered shall constitute proof that such residence is a recovery residence. A recovery residence shall be allowed 90 days from the date of notice of violation, or equivalent formal notification from a city or county agency, to apply for and be certified by the recognized nonprofit certifying organization. C. For purposes of this article, a recognized nonprofit certifying organization means an organization that is currently a recognized affiliate of the National Alliance for Recovery Residences (NARR), or a successor agency, and has adopted the standards approved by NARR, including at least the following: Inspiring Excellence, Promoting Change 1. The recovery residence is being used as a residence for persons recovering from substance use disorder and participants are engaged in recovery programs of their choosing; 2. The recovery residence observes and promotes a zero tolerance policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications used in accordance with the prescription; 3. The recovery residence has no sanitation or structural issues that pose a threat to the safety and wellbeing of the participants; 4. The recovery residence has a written policy for addressing relapse and the use of drugs or alcohol; 5. The recovery residence operates as a family unit: sharing chores and responsibilities, working together to support residents' personal goals, socializing together with meals and activities, and determining policies and goals together that benefit the family unit. D. The (insert city, county, or city and county) or local law enforcement that has documented, that a recovery residence within its jurisdiction is not operating in compliance with NARR standards to an extent that resident or community safety is being impacted, in a manner that suggests fraudulent activity is occurring, or in a manner that would require licensure as a residential treatment facility, shall report these findings to the Department of Health Care Services for suspected unlicensed activity, to the County District Attorney for suspected fraudulent activity, or to the NARR affiliate that provides certification for the recovery residence for not operating in compliance with NARR standards. E. A recovery residence shall provide no on-site, clinical services such as, but not limited to, educational counseling, counseling sessions, treatment planning, or detoxification. F. A recovery residence that cannot obtain certification, when required for determining zoning classification, or has its certification revoked by a recognized nonprofit certifying organization, shall no longer be considered a recovery residence and must comply with requirements for the designated property classification assigned to it. G. No recovery residence shall be required to register with, seek a permit from, or disclose its location to the (city/county) or to any of its subdivisions, departments or agencies. Where certification of a recovery residence is necessary to determine that the residence meets the definition of recovery residence, the recovery residence shall request that a verification letter be mailed directly from the recognized nonprofit organization to the (city/county) and the (city/county) may verify the ongoing status of the certification by viewing the organization's public database or by contacting the organization directly. Inspiring Excellence, Promoting Change LEGRSLAr IVE COUNSEL. A TRADITION OF TRUSTED LEGAL SERVICE Diane E Boyer -Vine TO THE CALIFORNIA LEGISLATURE I uter DEPUTY LEGISLATIVE LEGISLATIVE COUNSEL BUREAU Aaron D. Silva. O V N S E L 925 L STREET PRINCIPAL DEPUTIES V EAU SACRAMENTO, CALIFORNIA 95814 Joe Ayala TELEPHONE (916) 341-8000 Sergio E. Carpio AmyJean Haydt Thomas J. Kerbs Kirk S. Louie Fred A. Messerer Lara Bierman Nelson Robert A. Pratt Stephen G. Dehrer Lisa C. Goldkuhl L. Erik Lange William. E. Moddelmog Sheila R. Mohan Gerardo Partida Robert D. Roth Michelle L. Samore Stephanie Lynn Shirkey DrPUTIES JudyAnne Alanis Paul Arata Jennifer Klein Baldwin Jeanette Barnard Jennifer M. Barry Vanessa S. Bedford Robert C. Binning Brian Bitzer Rebecca Bitzer Brian Bobb Ann M. Bumstero William Chan Elaine Chu Paul Coaxum Byron D. Damiani,.Jr. Thomas Dombrowski Roman A. Edwards Sharon L. Everett Krista M. Ferns Jessica S. Gosuey Nathaniel W. Grader Ryan Greenlaw Mari C. Guzman Ronny Hamed-Troyansky Jacob D. Hettinger Alex Hirsch Stephanie Elaine Hoehn Russell H. Holder Cara L. Jenkins Valerie R. Jones Lori Ann Joseph Dave Judson Alyssa Kaplan Amanda C. Kelly Christina M. Kenzie Michael]. Kerins Deborah Kiley Mariko Kotam Felicia A. Lee Kathryn W.Loudenberg Richard Mahiea Anthony P Marquez Aimee Martin Francisco Martin Amanda Mattson Abigail Maurer Natalie R. Moore Lindsey S. Nakano Yooli Choi O'Brien Christine Paxinos Sue-Atn, Peterson Lisa M. Plummer Stacy Saechao Kevin Schmitt Any E. Schweitzer Melissa M. Scolari Jessica L. Steele Mark Franklin Terry Josh Tosney Daniel Vandekoolwyk Joanna E. Varner Bradley N. Webb Rachelle M. Weed Genevieve Wong Armin G. Yazdi Jack Zorman FACSIMILE (916) 341-8020 INTERNET WWW.LEGISLATIVECOUNSELCA.GOV July 6, 2018 Honorable Bob Wieckowski Room 4085, State Capitol SOBER LIVING HOMES: DISCRIMINATORY ZONING: ENFORCEMENT - #1810121 Dear Senator Wieckowski; QUESTION If a local government enacts a zoning ordinance that restricts the establishment or continued operation of a sober living home' in a manner that violates state or federal laws that prohibit discrimination against persons with disabilities, which government entities may bring an action to invalidate the ordinance? DISCUSSION A zoning ordinance that restricts the establishment or continued operation of a sober living home may violate several state and federal statutes that prohibit housing discrimination against persons with disabilities Newport Beach (9th Cir. 2013) 730 F.3d 1142 statutes and their enforcement provisions below. Federal Fair Housing Act (See Pacific Sbores Properties, LLC v. City of (hereafter Pacific Shores).) We discuss these The federal Fair Housing Act (hereafter FHA) (42 U.S.C. 4 3601 et seq.) renders it unlawful to "discriminate in the sale or rental, or to otherwise make unavailable or deny, a Although the term "sober living home" is not defined in statute, it is generally understood to mean an unlicensed facility that provides a residence for people who are recovering from alcohol or drug addiction, (See, e.g., California Research Bureau, Sober Living Homes in California; Options for State and Local Regulation (Oct. 2016), p.2, available at <httpst//www.library.ca.gov/Content/ pdf/ crb/reports/CRB_SoberLivingReport_2016,pdf> [as of June 25, 2018].) Honorable Bob Wieckowski — Request #1810121— Page 2 of 5 dwelling to any buyer or renter because of a handicap ...." (42 U.S.C. 4 3604(f)(1),) Courts have determined that a person who is recovering from drug or alcohol addiction is disabled2 under the FHA and therefore protected from housing discrimination. (Pacific Shores, supra, 730 F.3d at p. 1156-1157; see 42 U.S.C. 4 3602(h).) Government zoning practices may violate the FHA if they result in the unavailability of housing for disabled persons and therefore discriminate against those individuals. (Pacific Shores, supra, 730 F.3d at p. 1157.) Moreover, the FHA expressly preempts state and local laws that conflict with its provisions, providing that "any law of a State, a political subdivision, or other such jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under [the FHA] shall to that extent be invalid." (42 U.S.C. 4 3615,) Thus, a zoning ordinance is invalid if it amounts to a discriminatory housing practice under the FHA. (See Gibson v. County of Riverside (C.D. Cal. 2002) 181 F.Supp.2d 1057, 1084.) The United States Department of Housing and Urban Development (hereafter HUD) and the United States Attorney General are jointly responsible for enforcing the FHA. (42 U.S.C, 44 3610, 3612,) The FHA gives HUD the power to receive, investigate, and conciliate complaints of discrimination, including complaints that a state or local government has discriminated in exercising its land use and zoning powers. (42 U.S.C. 4 3610.) After receiving a complaint, HUD must determine whether, based on the facts presented in the complaint, reasonable cause exists to believe that housing `discrimination has occurred. ' 2 U.S.C: § 3610(g)(1)0 If, after making the reasonable cause determination, HUD further determines that a complaint relates to "the legality of any State or local zoning or other land use law or ordinance," it is required to "immediately refer the matter to the Attorney General for appropriate action" in civil court. (42 U.S.C, 4 3610(g)(2)(C).) The United States Attorney General has discretion to bring suit against the locality within 18 months after the practice at issue occurred. (42 U,S.C. 4 3614(b).) Federal Americans with Disabilities Act The federal Americans with Disabilities Act (hereafter ADA) (42 U.S.C. 4 12101 et seq.) protects persons with disabilities from discrimination in employment, public services, and public accommodations. The ADA provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." (42 U.S,C. 4 12132.) Like the FHA, this provision prohibits governmental entities from discriminating against disabled persons through zoning. 2 Although the FHA uses the term "handicap," courts generally use the preferred term "disabled" when discussing these provisions, (Pacific Shores Properties, supra, 730 F.3d at p. 1156, fn. 15.) Honorable Bob Wieckowski — Request #1810121 — Page 3 of 5 (Pacific Shores, supra, 730 F.3d at p. 1157.) The ADA's protections also extend to persons recovering from drug or alcohol addiction. (Ibid.) The standards regarding disparate treatment claims under the FHA and the ADA are typically identical, and courts accordingly "interpret them in tandem." (Pacific Shores, supra, 730 F.3d at p. 1157.) Therefore, if an ordinance violates the FHA on the basis that it discriminates against disabled persons through zoning, the ordinance would also likely violate the ADA, The United States Attorney General is the federal entity responsible for administering and enforcing the ADA with respect to all programs, services, and regulatory activities relating to planning and development by public entities. (42 U.S.C. § 12133; 28 C.F.R. § 35.190.) An individual who believes that he or she has been subjected to discrimination on the basis of disability by a public entity may file a complaint with the United States Attorney General, (28 C.F.R. § 35,170,) The United States Attorney General is required to investigate the complaint and, if appropriate, attempt informal resolution of any matter being investigated, (28 C.F.R. § 35,172.) If the public entity being investigated declines to enter into voluntary compliance negotiations or if negotiations are unsuccessful, the United States Attorney General is authorized to bring a civil action to enforce the ADA. (42 U.S.C, § 12133; 28 CRR. § 35.174.) California Fair Employment and Housing Act The California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (hereafter FEHA)' prohibits discrimination in housing on the basis of certain characteristics, including disability. (§ 12955,) Like the FHA and ADA, courts have recognized that persons recovering from alcohol and drug abuse are disabled for purposes of FEHA, (See City of Edmonds v. Washington State Bldg, Code Council (1994) 18 F.3d 802.) Moreover, courts analyze FEHA claims under the same standards as FHA claims, (Pacific Shores, supra, 730 F,3d at p. 1156, fn. 14.) Thus, an ordinance that violates the FHA on the basis that it discriminates against disabled persons through zoning would also violate FEHA, The state Department of Fair Employment and Housing (hereafter DFEH) and the California Attorney General are jointly responsible for enforcing FEHA, (§ 12930 et seq,) A person may file a complaint with the DFEH alleging that a zoning ordinance violated FEHA by discriminating on the basis of disability. (§§ 12955, subd, (1), 12980 subd, (a).) Upon the filing of a complaint, the DFEH is required to commence an investigation. (§ 12980, subd. (f).) If the DFEH determines that a FEHA violation occurred, but is unable to eliminate the violation through conference, conciliation, mediation, or persuasion, it is required to bring a civil action on behalf of the aggrieved person as a real party in interest. (§ 12981.) 3 All further section references are to the Government Code unless otherwise indicated. Honorable Bob Wieckowski — Request #1810121 — Page 4 of 5 The California Attorney General is also authorized to bring a civil action to enforce FEHA upon referral from the DFEH or if he or she has reasonable cause to believe that any person or group is engaged in a pattern of denying others the rights granted by FEHA or that denial of those rights raises an issue of general public importance. (§ 12989.3.) These procedures apply to complaints that concern local land use ordinances. (§ 12981, subd. (b).)4 Thus, if a local government enacts a zoning ordinance that restricts sober living homes in a manner that violates FEHA, the DFEH or the California Attorney General may bring an action to invalidate the ordinance. California Planning and Zoning Law A zoning ordinance that prohibits or restricts sober living homes may also violate the state Planning and Zoning Law (§ 65000 et seq.). Section 65008, which forms part of the Planning and Zoning Law, prohibits local governments from discriminating against residential developments on the basis that the intended occupants have any of the characteristics protected by FEHA, including disability. (§ 65008, subd. (b).) That section provides that a local government action is "null and void" if it interferes with the residency of a person on the basis of those characteristics (id. at subd. (a)) and prohibits local governments from imposing different requirements on developments because of the characteristics, including disability, of the intended occupants (id. at subd. (d)(2)). In general, the Planning and Zoning Law serves "the same purpose [as] and contains similar language to the federal Fair Housing Act." (Keith v. Volpe (9th Cir. 1988) 858 F.2d 467, 485.) Therefore, by "proving a claim under the Fair Housing Act, plaintiffs also establish[] a violation of section 65008(6)." Jbid.) The state Department of Housing and Community Development (hereafter DHCD) and the California Attorney General are jointly responsible for enforcing the antidiscrimination provisions of the Planning and Zoning Law. (§ 65585.) If the DHCD determines that a local government has taken an action in violation of section 65008, it may notify the California Attorney General of this violation. (§ 65585, subd. (j).) The California Attorney General "has charge, as attorney, of all legal matters in which the State is interested," except for matters pertaining to the University of California and certain state boards and officers, so he or she may pursue a civil suit on behalf of the DHCD to invalidate an ordinance that violates the Planning and Zoning Law. (§ 12511; see Keith v. Volpe (C.D. Cal. 1986) 644 F.Supp.1317, 1321.) 4 Section 12981, subdivision (b) provides that if the DFEH "determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination." Honorable Bob Wieckowski — Request* 1810121 — Page 5 of 5 CONCLUSION If a local government enacts a zoning ordinance that restricts the establishment or continued operation of a sober living home in a manner that violates state and federal laws prohibiting discrimination against persons with disabilities, the following government entities may bring a civil action to invalidate the ordinance; the United States Attorney General, the California Attorney General, and the state Department of Fair Employment and Housing. Additionally, the United States Department of Housing and Urban Development and the state Department of Housing and Community Development may investigate a complaint of housing discrimination and refer the matter to the United States Attorney General or the California Attorney General, respectively, for appropriate action in civil court, Very truly yours, Diane F. Boyer -Vine Legislative Counsel By Natalie R, Moore Deputy Legislative Counsel NRM.blt Jennifer L. Hall From: Theresa Bass Sent: Tuesday, September 15, 2020 3:03 PM To: Jennifer L. Hall Subject: Item #23 Attachments: Anaheim City Council 9_15_2020 Final.pdf, ATT00001.htm; Attachment A legislative counsel opinion.pdf, ATT00002.htm The below/attached was distributed to the City Council. From: Tamara Jimenez<tiimenez@lighthousetreatment.com> Sent: Tuesday, September 15, 2020 2:55 PM To: Denise Barnes <DBarnes@anaheim.net>; Jose Moreno <JMoreno@anaheim.net>; Stephen Faessel <SFaessel@anaheim.net>; Harry Sidhu (Mayor) <HSidhu@anaheim.net>; Lucille Kring <LKring@anaheim.net>; Jordan Brandman <JBrandman@anaheim.net>; Trevor O'Neil <TONeil@anaheim.net> Subject: Item #23 Please see below before tonight & call Sherry Daley with any questions Have a great day, Tamara Jimenez Community Relations Manager Lighthouse CONFIDENTIALITY NOTICE: This message is protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of this information unless a written consent is obtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Begin forwarded message: From: Sherry Daley Date: September 15, 2020 at 2:42:00 PM PDT To: Tamara Jimenez <tjimenez o,lighthousetreatment.com> Subject: Council Submission Sherry Daley Vice President of Governmental Affairs and Corporate Communications AIM6 p Addiction Programis and Professionals California Consortium of Addiction Programs and Professionals September 15, 2020 The Honorable Harry Sidhu Mayor City of Anaheim 200 S Anaheim Boulevard, 7th Floor Anaheim, CA 92805 2400 Marconi Ave. T (916) 338-9460 ccapp.us Sacramento, CA 95821 F (916) 338-9468 Re: Item 23, Recovery Residence Ordinance Dear Mayor Sidhu: On behalf of the California Consortium of Addiction Programs and Professionals (CCAPP) - the largest statewide consortium of community-based for profit and nonprofit recovery residences - we respectfully request your "no" vote on item 23, a discriminatory ordinance against people in recovery that will subject the City of Anaheim to significant litigation costs and increase homelessness in the jurisdiction. Simply put, the ordinance is discriminatory at every level because it asks people of a disabled class to adhere to regulation that people who are not disabled are not required to conform to. Employment checks, 24-hour supervision of adults in recovery, and distance requirements are glaringly not "reasonable accommodations," in any sense of the definition. The ordinance has been crafted in an extreme manner which will assuredly lead to its rejection by the Department of Fair Employment and Housing, as well as significant litigation from the disabled persons being impacted by it. CCAPP met with city representatives concerning this ordinance and provided written suggestions for its construction. Although some minor changes were made by the Planning Commission, the prima facie discriminatory nature of the ordinance has not been addressed. Rather than address the discrimination created by the ordinance, staff has surrendered to political direction, driven by NIMBY pressure, that seems to say, "We know the city will be sued, but this is what `council' wants." Staff has cited a recent rejection of the temporary injunction in the Yellowstone Womens First Step Nouse Inc et al v. City of Costa as reason to assure council that taking this route will somehow result in a positive outcome in litigation. This is a completely false narrative being promoted by Costa Mesa council members facing re-election and biased media sources. In Pacific Shores et. al. v. City of !Newport Beach, the Ninth Circuit Court of Appeals also ruled against a temporary injunction when that case began; this was not a harbinger for successful litigation in this arena. That suit resulted in the City of Newport Beach agreeing to pay $5.25 million to settle a federal lawsuit filed by a group of recovery residences. Given the settlement and both outside and in-house counsel, this case cost the City of Newport Beach well over $10 million over the seven year course of trying to defend its actions. Given the precarious budget issues facing all cities in California at this time, council members must consider the cost that will be required to defend the ordinance, and, as staff has pointed out, there are other cities with similar ordinances now being sued. Wouldn't it be prudent to delay passage of the Inspiring Excellence, Promoting Change ordinance until one or more of these cases is settled? There seems to be no urgency that would warrant council taking such a drastic, litigation -prone approach to resolving conflict between neighbors and people in recovery. Some of the items in the proposed ordinance (see detailed list attached), including the requirement of 24-hour paid supervision for a six bed residence, will assuredly close recovery residences, making vulnerable people who have made all of the right steps to reintegrate into society, subject to homelessness. It is incomprehensible, in this economy and with homeless at a critical level, that this legislative body would consider exacerbating this issue at this time. CCAPP presented planning commission with suggested language for an ordinance that does not impact recovery residences that do not pose problems for neighbors, and that we believe is nondiscriminatory in nature. CCAPP recommends that all local governments use nationally recognized certification of homes as a means to determine disability class within the jurisdiction. Simply put, if the city is experiencing problems with a "so-called" recovery residence (drug use, safety issues for the residents or neighbors) it could compel that entity to prove its Americans with Disabilities Act standing by requiring it to become certified. If the entity cannot establish certification, or has had its certification revoked by the national affiliate, it would no longer meet fair housing protections and the city could move to close it on the grounds that it would be a boarding house where not properly zoned. This approach would allow experts with decades of experience to provide the city with accurate information as to the nature of the living situation in question, thus providing the city with solid evidence to remove the "recovery residence" standing from the operator. This is also a no cost solution which will avoid future litigation. Before moving forward with an ordinance at this time, CCAPP implores the council to consider this alternative approach (attached). The council can always return to the ordinance proposed tonight should another city (doubtful) successfully litigate an ordinance such as the one being presented for your consideration tonight. Thank you for your consideration. Sincerely, Pete Nielsen Chief Executive Officer c.c.: Mayor Fro Tern Stephen Foessef, Councilmembers: Barnes, Brandmon, Moreno, Kring, and O'Neil Inspiring Excellence, Promoting Change Specific Considerations Obiectionable in the Ordinance 1. WHEREAS, over the past several years, cities within Orange County and the State have seen an increase in the number of homes in residential neighborhoods being utilized as state licensed and non -state licensed community care facilities; state -licensed AOD facilities; and, nonstate licensed facilities such as Sober Living Homes. This increase in such facilities has become a rising concern in many cities and counties in the State, and as such, there have been numerous state attempts at legislative fixes that have failed; and Fails to point out that these numerous state measures have failed because they were deemed contrary to state and federal law (see attached Legislative Counsel Opinion). WHEREAS, records from DH CS dated May 28, 2020 show that the City is home to 15 licensed and/or certified alcoholism and drug abuse recovery or treatment facilities, providing 205 beds. The City is one of 10 cities in Orange County that has 10 or more facilities within its jurisdiction, and one of four cities in Orange County that provides more than 200 beds within its jurisdiction; and The City of Anaheim has a population of 352,000 residents. A survey of American adults revealed that drug use disorder is common, co-occurs with a range of mental health disorders and often goes untreated. The study, funded by the National Institute on Alcohol Abuse and Alcoholism (NIAAA), part of the National Institutes of Health, found that about 4 percent of Americans met the criteria for drug use disorder in the past year and about 10 percent have had drug use disorder at some time in their lives. 4% of Anaheim's population is 14,080. Anaheim has a severe shortage of necessary AOD beds for its population. WHEREAS, the Orange County Sheriff Department ("OCSD") administers Orange County Adult Alcohol & Drug Sober Living facilities Certification Program, which is a voluntary certification program for Sober Living Homes. The county has a voluntary certification program — huge distinction. CCAPP is recommending that a voluntary approach be taken unless there is a substantiated need to determine ADA status. WHEREAS, overconcentration of community care facilities, ADD Facilities and Sober Living Homes impair the integrity of residential neighborhoods and may lead to the institutionalization and commercialization of such neighborhoods; Discriminatory on face value. Would a concentration of birdwatchers Living together degrade a neighborhood? Would a concentration of LGBTQ individuals degrade a neighborhood? There are no services in a recovery residence; they are not institutions. 5. WHEREAS, the City receives continuous resident complaints regarding residential facilities expressing concerns such as overcrowding, parking, noise, and loitering; and Inspiring Excellence, Promoting Change CCAPP has asked for evidence of "continuous" from staff and received no response. CCAPP will submit a Public Records Act request to evaluate whether these complaints include defamatory and discriminatory comments about the nature of the disability this group of people has. Are staff and council developing policy due to unmitigated code violations, or complaints about "those people?" There are code enforcement provisions to address noise and parking — why is this class of people being treated differently from other who may violate noise or "overcrowding" ordinances? 0. WHEREAS, permitting six or fewer residents in non -licensed community care facilities and Saber Living Homes and establishing separation requirements is reasonable and nondiscriminatory because: (1) the State legislature, in establishing state- licensed community care and alcoholism or drug abuse recovery or trea-,ment facilities as a residential use, found that six residents was a sufficient number to provide the supportive living environment that experts agree is L-eneficial to recovery; (2) the official positon of the American Planning Association as reflected in the Policy Guide on Community Residences (1997) recommends that residential care facilities should not be concentrated in a single neighborhood or block and that if they were to locate next to another or be placed on the same block, the ability of the residents of such facilities to be normalized into the community would be compromised; and, (3) limiting the number of recovering addicts that can be placed in a single-family home enhances the potential for their recovery as it prevents overcrowding and provides for comfortable living environments; and (1) Point (1) has no factual context. Staff was asked to provide any evidence to demonstrate the Legislature found this; none was received. Also, persons in treatment do not "live" in a treatment program. Their treatment episode is limited in duration. Recovery residences are not treatment facilities; the statement has no bearing even if it were factual. The Legislature has specifically rejected attempts to regulate these homes as recently as January, 2020: The Legislature has rejected more than 15 bills attempting to regulate this housing due to its conflict with state and federal statute. The most recent measure, SB 486 (Bates) was rejected by Senate Health Committee on January 15, 2020, with repudiation from its Chair, Senator Richard Pan: "The challenge is that fundomentally we can't basically say that, well these are sober living homes and that these ore "other houses," right? So whatever rule we apply. it has to apply across all living situations. That's what the FHA Says. If we are going to take any approach (to regulating) on the homes side, we have to think about things that apply equally to all houses. The fundamental issue is, unfortunately, the bill runs afoul of civil rights law and housing laws.» (2) There is no evidence to support paint (3). The study cited is 23 years old and is NOT prepared by a "clinically qualified" organization that has studied addiction treatment. Significant strides have been made in the treatment field over more than two decades, as has societal acceptance of alternative living groups. Those representing recovery residences are the experts and they agree that a recovery residence in proximity to a treatment facility is healthy and encourages participation in alumni activities that promote long term sobriety for the residents and clients currently in treatment. Inspiring Excellence, Promoting Change WHEREAS, non -state licensed community care facilities, especially Sober Living Homes, often do not function as a single housekeeping unit nor do they fit the City's zoning definition of a single housekeeping unit, as proposed, for the following reasons: (1) the residents generally do not have established ties to each other when they move in; (2) the residents have little to no say about who lives or does not live in the home; (3) the residents do not generally share expenses; (4) the residents are often responsible for their own food, laundry and phone; (5) when residents disobey house rules they are often simply removed from the house; (6) there is a third party property manager (i.e. house manager) that oversees the operation of the facility; and Recovery residences that are certified with national standards, as well as others operating with no certification, DO operate as a single housekeeping unit. Specific standards require them to do so as follows: Zoning as a Single Family' Residential Unit: Typically, recovery residences operate as a single household for living and sleeping purposes, having only one kitchen and separate toilet facilities. They are single households where the occupants of the dwelling will have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities. They have no indications that they will not be operating as single household: members of the household do not have separate, private entrances from other members; members of the household do not have locks on their bedroom doors; members of the household do not have separate food storage facilities, such as separate refrigerators. Homes that have been certified by the California Consortium of Addiction Programs and Professionals meet the National Alliance for Recovery Residence Standard 14 which requires a family -like setting: "14. The residence is comfortable, inviting, and meets residents' needs b. Verification that furnishings are typical of those in single family homes or apartments as opposed to institutional settings; c. Verification that entrances and exits are home -like vs. institutional or clinical.; d. Verification of 50+ sq. ti per bed per sleeping room. h. Verification that laundry services are accessible to all residents." A family atmosphere is also required for certification. Participants must have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities. Homes that are certified by the California Consortium of Addiction Programs and Professionals meet the National Alliance for Recovery Residence Standards 15, 23. b, 27. a -f, and 28. a- d, which requires interaction and joint use of common areas: "15. The living space is conducive to building community a. Verification that a meeting space is large enough to accommodate all residents, b. Verification that a comfortable group area provides space for small group activities and socializing; c. Verification that kitchen and dining area(s) are large enough to accommodate all residents sharing meals together. d. Verification that entertainment or recreational areas and/or furnishings promoting social engagement are provided." Additionally, CCAPP certified recovery residences are required to operate as a family as follows. - 2 7. ollows: 27. Sustain a "functionally equivalent family" within the residence by meeting at least 50% of the following: a. Residents are involved in food preparation. b_ Residents have a voice in determining with whom they live. e. Residents help maintain and clean the home (chores, etc.). d. Residents share in household expenses_ e. Community or residence meetings are held at least once a week_ f Residents have access to common areas of the home. 28. Foster ethical, peer -based mutually supportive relationships among residents and staff a. Engagement in informal activities is encouraged. b_ Engagement in formal activities is required. c Community gatherings, recreational events and/or other social activities occur periodically. d. Transition (e.g. entry, phase movement Inspiring Excellence, Promoting Change and exit) rituals promote residents sense of helnnging and confer progressive status and increasing opportuniti(.-s within the recovery living envirouunent cuid conununity." The insistence on staffs part to refer to these homes as "facilities' is erroneous. They are not facilities. Persons living in them form close social bonds and meet to decide important issues, including roommate selection. Discriminatory nature of four tests four "single housekeeping units:" "Established ties" before moving in: Many recovery residence participants know one another from having completed treatment together or through mutual aid societies. Will the standard of whether all persons know a new resident before he or she becomes a member of the group, be applied to other groups of persons living together? Will college roommates be required to prove they have "established ties" with each new roommate betore allowing them to live together? Will families who invite a distant relative to move in be required to prove their children know and approve of the new roommate? If the answer is "no," the city is applying a divergent standard to a disabled class pf people. Say about who lives or does not live in the home: Recovery resident participants agree when choosing this lifestyle to give other recovering persons a chance to belong to their family unit. In choosing this lifestyle, each commits to accepting new roommates who will become part of the family. Each expects that there will be some members of the family farther along on their personal recovery journey and others who are just beginning, This is PRECISELY why this family unit works and why persons in recovery choose this lifestyle. To say participants have no choice is false. They choose to live in this manner from the first day of moving into the home. Shared expenses: Of course residents share expenses. All contribute to rent, utilities, and dedicate time and energy to the upkeep of the home. Laundry is typically accessible to all persons living in the household. Like other families, people are expected to do their own laundry and clean up after themselves. Yes; residents pay their own phone bills. Will all families that require young people living in their homes to pay their cellular telephone bills be expected to follow this ordinance for lack of "shared expenses?" 4. See above. Removal from the home: In (2) staff states that residents have little choice concerning roommates and here staff states that persons can be removed for disobeying a set of rules the roommates have agreed upon. Removal of residents is generally driven by other residents' desire to maintain the healthy family unit that has pledged a drug-free lifestyle. Residents do have a say in roommate situations where they are unconducive to the family's goals. It is not uncommon for other families to ask a member of a family who is using drugs and disrupting other members' daily lives to move out. Will other families be required to prove they are a single housekeeping unit if their "policy" is to ask members who will not comply with family norms to leave, or is this provision only for people living in recovering family units? Third party property manager that oversees the operation of the facility: All rental properties have a third party property manager; will all rentals need to abide by this ordinance? There is NO facility and there is no "operation" being overseen. House managers live with residents and are part of the family in much the same way a parent Inspiring Excellence, Promoting Change would act as mentor, leader, and person who encourages that rules are followed, chores are completed, and disputes are amicably resolved. 8. WHEREAS, because of the residents' independence from each other, non -state licensed community care facilities and Sober Living Homes, may present impacts not typically associated with more traditional single-family uses, including a disproportionate numbers of cars associated with the facility, which may cause parking problems in the neighborhood; and If there is already a residential parking permit program in the city, why is this group of citizens required to have a separate regulation that is more specific and stringent? Is this discriminatory? Do large families who are not in recovery face similar consequences? 9. WHEREAS, a 3001 -foot distance requirement for non -state licensed community care facilities is appropriate as it is consistent with State Law, which states that there is an overconcentration of certain state -licensed community care facilities if such facilities are separated by a distance of 300 feet or less; and The types of facilities where distance requirements may be imposed is set by state statute. This ordinance is contrary to this statute. State statute applies to licensed facilities only and the arbiter who decides whether "overconcentration" exists is the Department sof Health Care Services: 1520.5. (b) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of residential facilities that impair the integrity of residential neighborhoods. Therefore, the department shall deny an application for a new residential facility license if the department determines that the location is in a proximity to an existing residential facility that would result in overconcentration. 10. WHEREAS, a 800 -foot distance requirement for Sober Living Homes is appropriate, as it is consistent with an average block length of a typical residential neighborhood in the City and provides a reasonable market for the purchase and operation of a Sober Living Home in the City while preventing overconcentration; and Why is this "'appropriate?" Even for state licensed facilities, 300 feet is what statute dictates. Again, is the city acting in a discriminatory manner by requiring three times the distance for this disabled class of people who are not living in a licensed facility? 11. WHEREAS, even with the separation requirements, this ordinance provides non -state licensed community care facilities and Sober Living Homes with preferential treatment in that non - disabled individuals in a similar living situation (i.e. boarding house) cannot reside in single family residential zones; and What "non -state licensed community care facilities" are being referenced? All community care facilities providing services are required to be licensed as per Health and Safety Code 1503.5: Inspiring Excellence, Promoting Change (a) A facility shall be deemed to be an "unlicensed community care facility" and "maintained and operated to provide nonmedical care" if it is unlicensed and not exempt from licensure and any one of the following conditions is satisfied: (1) The facility is providing care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (2) The facility is held out as or represented as providing care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (3) The facility accepts or retains residents who demonstrate the need for care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (4) The facility represerils itself as a licensed crummuniLy care facility. (5) The facility is performing any of the functions of a foster family agency or holding itself out as a foster family agency. (6) The facility is performing any of the functions of an adoption agency or holding itself out as performing any of the functions of an adoption agency as specified in paragraph (9) of subdivision (a) of Section 1502 or subdivision (b) of Section 8900.5 of the Family Code. (b) No unlicensed community care facility, as defined in subdivision (a), shall operate in this state. (c) Upon discovery of an unlicensed community care facility, the department shall refer residents to the appropriate local or state ombudsman, or placement, adult protective services, or child protective services agency if either of the following conditions exist: (1) There is an immediate threat to the clients' health and safety. (2) The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license. Is this term "unlicensed comm unity care facility" being inserted into this ordinance in a veiled attempt to reduce the discriminatory nature of the ordinance by requiring that it apply to others who are not protected by the Americans with Disabilities Act? 12. .0102 Operator's Permit. Any person desiring to operate a Community Care Facility - Unlicensed (Small), or a Sober Living Home (Small) without a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department shall first obtain an Operator's Permit in compliance with the provisions of this section. All such applications shall be referred to the Chief of Police (or his or her designee), who shall conduct all necessary investigations. In what other instance is law enforcement invited to inspect the residence of a person or family? This is one of the most egregious requirements of the ordinance which will assuredly be deemed discriminatory and a violation of privacy. On what basis will the chief make this decision? Why is law enforcement involved in housing decisions? Do other families need permission from the chief of police to live in the neighborhood they choose? If this standard were applied to another select group of people, Black, blind, LGBTQ, etc., wouldn't it immediately be seen as discriminatory? Inspiring Excellence, Promoting Change 13. .04 The owner/operator or staff person of a Sober Living Horne fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non- prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. The ordinance asks for "immediate removal' of persons not "actively participating" in a "legitimate recovery program" and to ban communication with other residents, Substance use disorder is prone to relapse. A person should not become homeless for relapse. What immediate measures are to be taken? The staff report complains about "throwing people out" and the ordinance requires this. Is this consistent? Substance use disorder is a medical issue. Anyone relapsing may be in physical danger and in need of detoxification or treatment. It takes time to contact family, arrange for detoxification, and find an open treatment bed. If someone dies due to "immediate removal," wouldn't the city be exposed to litigation? Council should be aware that "immediate removal" of a client in a licensed treatment program is prohibited by regulation due to safety concerns for the relapsing client. Many recovering people are not in need or do not desire to participate in recovery programming. This is their right. If hiking in the wilderness and reuniting with family are the recovery activities that enhance and individuals' recovery journey, they have a right to devise any and all methods to support their recovery as possible. Will city staff, with no knowledge of recovery define what is "legitimate?" What will constitute "active participation?" People in recovery are mature adults with civil rights which include the right to pursue personal recovery activities as they choose. This onerous requirement will assuredly draw civil rights litigation. To prove program attendance, requires violating the disabled persons' privacy (particularly if the attendance involves outpatient treatment, a medical service, as opposed to mutual aid meetings). Many persons in long term recovery do not necessarily attend meetings or have a need for outpatient services. How does the city intend to take this into account? Is forcing a person to attend a religious group or seek medical attention they no longer need contrary to the civil rights of this group of disabled individuals? Has staff consulted any civil rights attorneys to determine if this policy will draw civil rights organizations into any future litigation? Is Council aware that the City of Dana Point has successfully sued a recovery residence for requiring that outside services be attended as a violation of state licensing law for alcohol drug treatment facilites? Does this requirement make recovery residences "integral facilities" that require licensing? Has staff posed this question to the licensing authority (DHCS)? 14- .01 Any owner/operator or staff person of the facility has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test, and selling or furnishing illegal drugs or alcohol. .02 Any owner/operator or staff person of the facility has been convicted of or pleaded nolo contendere, within the previous five (5) years for an owner/operator or within the previous three (3) years for a staff person, to any of the following offenses: Inspiring Excellence, Promoting Change (e) Any offenses in violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Ccde Sections 11054, 11055, 11056, 11057 or 11058, as may be amended., 11055, 11056, 11057 or 11058, as may be amended. Where would the city obtain employment and criminal background information? Many people with substance use disorder lose employment for reasons stated in the ordinance. House managers live at the residence. Denial of housing based on employment history is beyond reasonable. Realizing that people in early recovery often have legal issues connected to previous drug use, denial of housing based on criminal history, including simple possession of cannabis, is discriminatory and specifically designed to limit this type of housing. Are other renters in the jurisdiction denied housing for this broad array of criminal acts? Has staff consulted housing attorneys about denial of housing based on criminal background or employment loss? Are other businesses who provide housing held to this standard? 15. .0203 The facility shall have a house manager who resides on site or any number of persons acting as a house manager who are present at the facility on a 24-hour basis or who will be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty- five (45) minutes notice and who are responsible for the day-to-day operation of the facility. Recovery residences are homes, not facilities. What is the "day to day operation?" What is the house manager responsible for? This requirement, particularly for smaller homes will make it economically unfeasible to exist. Recovery residences cannot simply require 24-hour supervision without paying the persons responsible for providing this service. Typically, house managers, senior residents, or mentors are paid a small stipend for thir contributions to the leadership they provide. To change this model to 24-hour supervision would make this type of housing unaffordable. Three 8 -hour shifts at $15 per hour would increase the cost to the unit to $2,520 per week, or $110,080 per month. If it is the City's intention to expel this housing from the jurisdiction via onerous financial requirements, the resulting homelessness increase should be taken into consideration. Persons in this stage of recovery are not in need of supervision as determined by the American Society of Addiction Medicine: Although persons in recovery are afforded protection under the Americans with Disabilities Act, the disability concerned does not imply that persons in recovery are in need of physical assistance (dressing, feeding) or in need of supervision. In fact, the American Society of Addiction Medicine placement criteria for addiction patients, originally published in 1991 and now in its third edition (2013), directly contradicts the notion that persons in recovery residences are being supervised, in a clinical sense. Use of this criteria is a decades old industry standard and is now required for all programs licensed or certified by the Department of Health Care Services. By definition, persons living in a recovery residence do not require supervision. Applying ASAM criteria, persons in a supportive living environment would, at most, be classified as level 1.0, although many in long term recovery may not even be assessed as needing any treatment: Inspiring Excellence, Promoting Change ASAM PLACEMENT CRITERIA LEVELS OF 1 OUTPT 2 INTENSIVE 3 MEQ s MEQ OF CARE OUTPT MOW INPT MGD INPT 1, Bloc la w risk minxnal am* rrsk severe risk W01111111110111111er1aR/Cal 24 -ter acute MXdleat med care no risk manageable requ1W faeglMeled 2444 psych pesydVBB tav a atit�Wort C,O npkag4tM no risk mild severity ntt ft to TX necWW cooperafes 24- heed iiaadl►Kits but raqueres needs 24 -ht Fix Cha -v Cooperative structure motrvatrng �. mor@ symplarns, unable to Raw" maem7aens needsclose contr'OI uia in potenhw abstmcnce mmtonng outpt care = danw toe lass support log sbcal ROCDMV W? MIUCILIrc encapactly EntirannWint suppnrtrve c:rr1 COW 1- autpt At ASAM Level I placement/Recovery Environment, it is clear that medical experts do not consider supervision to be necessary. Likening this level to a mental health scenario, one could compare this level to a patient who has received a higher level of care, inpatient or otherwise, and is now perhaps receiving medication and attending weekly therapy. 16. .0207 Sober Living Home shall not provide any of the following services as they are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended: detoxification, educational counseling, individual or group counseling sessions, and treatment or recovery planning. Section 10501(a) includes supervision as a service: (3) "Care and Supervision" means any one or more of the following activities provided by a person or facility to meet the reeds of the clients: (A) Assistance in dressing, grooming, bathing and other personal hygiene. (B) Assistance with taking medication, as specified in section 80075. (C) Central storing and/or distribution of medications, as specified in section 80075. (D) Arrangement of and assistance with medical and dental care. (E) Maintenance of house rules for the protection of clients. Inspiring Excellence, Promoting Change (F) Supervision of client schedules and activities. (G) Maintenance and/or supervision of client cash resources or property. (H) Monitoring food intake or special diets. (1) Providing basic services as defined in section 80001(b)(2). The ordinance both requires and prohibits: "(E) Maintenance of house rules for the protection of clients." Perhaps the ordinance was rushed if staff did not perform a simple review of referenced regulations and should be tabled until a thorough examination of the ordinance can be performed. Additionally, the State of California and the nation are rapidly moving toward medicated assisted treatment for opioid use disorder which requires central storing of medications (C) for some in early recovery. Prohibiting the illegal use of prescribed medications while prohibiting one of the means to accomplish this by banning central storage of medicines is contradictory and could put some residents at risk of opioid overdose when recovery residences in the jurisdiction are forced to deny persons using medication assisted treatment to live in recovery residences due to this prohibition. 17. .0209 .03 A good neighbor policy, which, at minimum, requires residents to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. Are other citizens prohibited from profanity or being "obnoxious?" Are other families required to respond to neighbor's complaints? Who decides what "unduly interfering" means? There are code compliance mechanisms in place to handle such complaints for other persons in the jurisdiction. Why is this disabled class being subjected to different criteria with consequences that can lead to removal of housing for them? Should all citizens in the jurisdiction who violate noise codes or use their First Amendment rights to express themselves in poor taste be subject to loss of residency and homelessness? Is an arbitrary "be good" clause a reasonable accommodation? 18. .0210 .01 An active program participation policy that requires ail residents, other than the house manager, to actively participate in legitimate recovery programs located off-site. The sober living home operator shall maintain current records of program attendance. Who decides how much attendance is necessary for each person? What if working and reuniting with family is what enables a person to maintain sobriety and there is no need for a "program?" Why do residents need to leave to go to a meeting; what if the meeting is at their home? Maintaining records regarding medical and spiritual attendance for an individual is a violation of privacy, and in the case of outpatient treatment, a violation of Health Insurance Portability and Accountability Act of 1996. Asking city staff to review the personal health and spiritual activities of any of its citizens is a violation of privacy on every level. 1.9. "Family." An individual or a collective body of persons, living together as a single housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other, as distinguished from a group Inspiring Excellence, Promoting Change occupying a boardinghouse, lodging house, club, fraternity, sorority, hotel, motel, or any residential or group care facility requiring a conditional use permit. Current Anaheim Municipal Code defines a family as persons living together who share a "domestic bond of social, economic and psychological commitments to each other." That is precisely what these living environments are doing. To selectively remove them from this definition based on their disability is poor policy from a financial, humanitarian, and societal basis. Inspiring Excellence, Promoting Change RECOVERY RESIDENCE LOCAL REGULATION GUIDELINES Presented by l ire California Consortiuni of Addiction Programs and Professionals Rale of CCAPP: CCAPP represents over 700 recovery residences in California and is an affiliate of the National Alliance for Recovery Residences. CCAPP formed by consolidation with the oldest certifying organization for recovery residences who has implemented quality standards for this type of housing since 1979. CCAPP regularly inspects recovery residences throughout the state to ensure they are meeting national standards for quality and adherence to recovery residence principles which include maintaining a family -like environment in each home. Emphasis on recovery residences as families: In a 1980 California Supreme Court decision, City of Santa Barbara v. Adamson, the court ruled, based on privacy rights, that definitions of "family" for purposes of zoning cannot distinguish between related and unrelated individuals. Following are examples of legal definitions of family local governments can use: Example 1 One or more persons living together as single house -keeping unit Example 2 One or more persons, related or unrelated, living together as a single integrated household in a dwelling unit Recovery residences and other independent living environments for persons with addiction, that function as a family, do not provide care, treatment, individual or group counseling, case management, medication management, or treatment planning, and do not supervise daily activities. Therefore, sober living and independent living residences that function as families are not subject to state licensure requirements. What they do provide is a supportive family -like setting for unrelated adults. Typical characteristics of a family found in recovery residences may include: the formation of close emotional and psychological bonds, commitment to each other and emotional support, rotation of chores, eating evening meals together, and socializing together and engaging in shared activities of their choosing. Recovery Residences (Sober Living Homes) are very different from treatment centers, assisted living, medical residences, and mental health houses. The activities in the home do not require anyone to directly supervise residents or provide health/physical assistance. Residents form a supportive peer-to-peer family unit. The family structure of the Iiving space within a recovery Inspiring Excellence, Promoting Change residence is a critical element to its success. It is difficult to overestimate the degree to which participants interact as a family would. They share each other's challenges; contribute to one another's successes; and often develop lifelong relationships with one another. Role of Fair Housing Accommodations To prevent discriminatory decisions regarding zoning or regulation of recovery residences, policy makers must remove the lens of the disability that these types of household members share. Two helpful tests follow: Birdw atcher Analogy Assume that the family unit being examined for regulation or zoning, taking into consideration Santa Barbara v. Adamson, consists of a group of eight women over 50 who share a common interest: birdwatching. The eight women live in a private residence in a residential neighborhood. Some of the women have lived at the residence longer than others. Over a period of time, one or more of the eight (Nancy and Cathy) take on responsibilities such as gathering rent from the other members, making chore lists to ensure that the home stays presentable, organizing outings for bird watching trips, and mediating disputes between house members. Recovery residences developed from their earliest existence in this way. Members are not paying for services or being supervised. They live together as a family and akin to all families, some members provide leadership and generally keep the home in working order both physically and psychologically. If this group of housemates is not required to "register," agree to abstinence, seek a permit to live in a residential neighborhood, or agree to restrictions that other families do not submit to, any ordinance that seeks to treat people with addiction differently than birdwatchers, would be considered to be based upon the disability of the residents (addiction). It would therefore be considered discriminatory on its face. LGBTQ Analogy Assume that the family unit being examined for regulation or zoning, taking into consideration Santa Barbara v. Adamson, consists of a group of eight young adults who are gay or bi-sexual, who share a common need to support each other from a society that discriminates against their sexual orientation and decide that, for their safety and security, sharing a home together is a preferable option. Although this household likely is not common, it would never be considered for an ordinance to "regulate" it so that neighbors feel safe living near it. No local jurisdiction would contemplate crafting an ordinance to compel a household of gay men to come forward, make itself known, Inspiring Excellence, Promoting Change submit to "registering," agree to rules that if not followed would leave them homeless, or require them to prove they are anything other than an ordinary family unit. If a proposed ordinance cannot be applied to a home with a group of gay men living together, likewise it cannot be reasonably applied to people with addiction who choose to live together, without being considered equally discriminatory. This household of gay men enjoys another protection not shared by the birdwatchers. Under California law discrimination based on sexual preference is explicitly illegal. Individuals in recovery from substance use disorders are considered disabled for purposes of access to housing, and share the same statutory protection, under both California and federal law. Addressing Problem Homes without Discrimination CCA -PP's mission is to improve the quality of and access to addiction treatment and recovery services. For decades, CCAPP has actively sought to eliminate abusive or poorly run "recovery residences." The safety of people in recovery is the organization's primary objective. As such, CCAPP has spent years gathering data, meeting with attorneys, and working with the Legislature and Administration to create guidance that will assist local government in protecting people in recovery, while encouraging harmony for recovering people and the communities they have always lived in. The first rule for addressing problem homes is to treat them in the same way that any neighborhood problem would be addressed. Strong code enforcement is critical to ridding neighborhoods of nuisance homes. This approach does not violate the rights of the disabled because it is applied evenly, to all members of the community. CCAPP is abundantly aware that some operators victimize people in early recovery, offering cheap rooms with little or no "family environment" and no attempt to collaborate on supporting residents' goals in recovery. These types of arrangements are NOT family units and do not fall under the definition of recovery residence. They should be evaluated according to their structure (boarding house, group home, assisted living, etc.) and zoned as such. CCAPP also recognizes that there are times when a local government may be unable to determine whether a particular congregate living situation meets the definition of a bona fide recovery residence. In these instances, the local jurisdiction should be allowed to compel a home to become certified by an organization aff f ated with the National Alliance for Recovery Residences to settle any disputes about the classification of the home. To address nuisance homes that fail to utilize quality standards to the extent that they impact the health and safety of the residents and community, CCAPP recommends that local ordinances require continuous certification for violators. In this way, a local jurisdiction could challenge the Inspiring Excellence, Promoting Change zoning classification of boarding houses that masquerade as "sober living." It would also allow local jurisdictions to classify the use of a property as other than single family occupancy if its certification is revoked by the certifying organization for failing to fulfill its contractual agreements for quality and consumer protection. The use of certification to determine proper classification for property use is a way to ensure that a community can rid itself of poorly run boarding houses white leaving recovery residence families to continue to live without fear of discrimination. CCAPP has crafted a draft local ordinance for use in updating codes to reflect the needs of communities to address imposter recovery residences. The model ordinance relies on anti- discrimination foundations that CCAPP believes will withstand legal challenge from disability rights advocates and fair housing representatives. It is attached for your consideration. Inspiring Excellence, Promoting Change Recovery Residence Model Local Ordinance Proposed by: The California Consortium of Addiction Programs and Professionals Title: Recovery Residence Housing A. Recovery Residence. "Recovery residence" means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the Department of Health Care Services and does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01) of the Health and Safety Code. A recovery residence may include, but is not limited to, residential dwellings commonly referred to as "sober living homes," "sober living environments," or "unlicensed alcohol and drug free residences." B. Recovery Residence Zoning 1. Residents of a recovery residence shall be considered a family and the recovery residence shall be considered a residential use of property. 2. A recovery residence shall be allowed as a use by right in the following zoning classifications: dist all locations where dwelling units are allowed. 3. A recovery residence shall comply with the development standards for one family or multiple family dwellings, as applicable, located within the same zone. 4. To distinguish a recovery residence from other congregate living, group facility, or health facility designations, when the manner in which the residence is operated cannot be accurately categorized as a recovery residence, evidence of current certification from a recognized nonprofit certifying organization, as defined in C., shall be considered shall constitute proof that such residence is a recovery residence. A recovery residence shall be allowed 90 days from the date of notice of violation, or equivalent formal notification from a city or county agency, to apply for and be certified by the recognized nonprofit certifying organization. C. For purposes of this article, a recognized nonprofit certifying organization means an organization that is currently a recognized affiliate of the National Alliance for Recovery Residences (NARR), or a successor agency, and has adopted the standards approved by NARR, including at least the following: Inspiring Excellence, Promoting Change 1. The recovery residence is being used as a residence for persons recovering from substance use disorder and participants are engaged in recovery programs of their choosing; 2. The recovery residence observes and promotes a zero tolerance policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications used in accordance with the prescription; 3. The recovery residence has no sanitation or structural issues that pose a threat to the safety and wellbeing of the participants; 4. The recovery residence has a written policy for addressing relapse and the use of drugs or alcohol; 5. The recovery residence operates as a family unit: sharing chores and responsibilities, working together to support residents' personal goals, socializing together with meals and activities, and determining policies and goals together that benefit the family unit. D. The (insert city, county, or city and county) or local law enforcement that has documented, that a recovery residence within its jurisdiction is not operating in compliance with NARR standards to an extent that resident or community safety is being impacted, in a manner that suggests fraudulent activity is occurring, or in a manner that would require licensure as a residential treatment facility, shall report these findings to the Department of Health Care Services for suspected unlicensed activity, to the County District Attorney for suspected fraudulent activity, or to the NARR affiliate that provides certification for the recovery residence for not operating in compliance with NARR standards. E. A recovery residence shall provide no on-site, clinical services such as, but not limited to, educational counseling, counseling sessions, treatment planning, or detoxification. F. A recovery residence that cannot obtain certification, when required for determining zoning classification, or has its certification revoked by a recognized nonprofit certifying organization, shall no longer be considered a recovery residence and must comply with requirements for the designated property classification assigned to it. G. No recovery residence shall be required to register with, seek a permit from, or disclose its location to the (city/county) or to any of its subdivisions, departments or agencies. Where certification of a recovery residence is necessary to determine that the residence meets the definition of recovery residence, the recovery residence shall request that a verification letter be mailed directly from the recognized nonprofit organization to the (city/county) and the (city/county) may verify the ongoing status of the certification by viewing the organization's public database or by contacting the organization directly. Inspiring Excellence, Promoting Change LEGRSLAr IVE COUNSEL. A TRADITION OF TRUSTED LEGAL SERVICE Diane E Boyer -Vine TO THE CALIFORNIA LEGISLATURE I uter DEPUTY LEGISLATIVE LEGISLATIVE COUNSEL BUREAU Aaron D. Silva. O V N S E L 925 L STREET PRINCIPAL DEPUTIES V EAU SACRAMENTO, CALIFORNIA 95814 Joe Ayala TELEPHONE (916) 341-8000 Sergio E. Carpio AmyJean Haydt Thomas J. Kerbs Kirk S. Louie Fred A. Messerer Lara Bierman Nelson Robert A. Pratt Stephen G. Dehrer Lisa C. Goldkuhl L. Erik Lange William. E. Moddelmog Sheila R. Mohan Gerardo Partida Robert D. Roth Michelle L. Samore Stephanie Lynn Shirkey DrPUTIES JudyAnne Alanis Paul Arata Jennifer Klein Baldwin Jeanette Barnard Jennifer M. Barry Vanessa S. Bedford Robert C. Binning Brian Bitzer Rebecca Bitzer Brian Bobb Ann M. Bumstero William Chan Elaine Chu Paul Coaxum Byron D. Damiani,.Jr. Thomas Dombrowski Roman A. Edwards Sharon L. Everett Krista M. Ferns Jessica S. Gosuey Nathaniel W. Grader Ryan Greenlaw Mari C. Guzman Ronny Hamed-Troyansky Jacob D. Hettinger Alex Hirsch Stephanie Elaine Hoehn Russell H. Holder Cara L. Jenkins Valerie R. Jones Lori Ann Joseph Dave Judson Alyssa Kaplan Amanda C. Kelly Christina M. Kenzie Michael]. Kerins Deborah Kiley Mariko Kotam Felicia A. Lee Kathryn W.Loudenberg Richard Mahiea Anthony P Marquez Aimee Martin Francisco Martin Amanda Mattson Abigail Maurer Natalie R. Moore Lindsey S. Nakano Yooli Choi O'Brien Christine Paxinos Sue-Atn, Peterson Lisa M. Plummer Stacy Saechao Kevin Schmitt Any E. Schweitzer Melissa M. Scolari Jessica L. Steele Mark Franklin Terry Josh Tosney Daniel Vandekoolwyk Joanna E. Varner Bradley N. Webb Rachelle M. Weed Genevieve Wong Armin G. Yazdi Jack Zorman FACSIMILE (916) 341-8020 INTERNET WWW.LEGISLATIVECOUNSELCA.GOV July 6, 2018 Honorable Bob Wieckowski Room 4085, State Capitol SOBER LIVING HOMES: DISCRIMINATORY ZONING: ENFORCEMENT - #1810121 Dear Senator Wieckowski; QUESTION If a local government enacts a zoning ordinance that restricts the establishment or continued operation of a sober living home' in a manner that violates state or federal laws that prohibit discrimination against persons with disabilities, which government entities may bring an action to invalidate the ordinance? DISCUSSION A zoning ordinance that restricts the establishment or continued operation of a sober living home may violate several state and federal statutes that prohibit housing discrimination against persons with disabilities Newport Beach (9th Cir. 2013) 730 F.3d 1142 statutes and their enforcement provisions below. Federal Fair Housing Act (See Pacific Sbores Properties, LLC v. City of (hereafter Pacific Shores).) We discuss these The federal Fair Housing Act (hereafter FHA) (42 U.S.C. 4 3601 et seq.) renders it unlawful to "discriminate in the sale or rental, or to otherwise make unavailable or deny, a Although the term "sober living home" is not defined in statute, it is generally understood to mean an unlicensed facility that provides a residence for people who are recovering from alcohol or drug addiction, (See, e.g., California Research Bureau, Sober Living Homes in California; Options for State and Local Regulation (Oct. 2016), p.2, available at <httpst//www.library.ca.gov/Content/ pdf/ crb/reports/CRB_SoberLivingReport_2016,pdf> [as of June 25, 2018].) Honorable Bob Wieckowski — Request #1810121— Page 2 of 5 dwelling to any buyer or renter because of a handicap ...." (42 U.S.C. 4 3604(f)(1),) Courts have determined that a person who is recovering from drug or alcohol addiction is disabled2 under the FHA and therefore protected from housing discrimination. (Pacific Shores, supra, 730 F.3d at p. 1156-1157; see 42 U.S.C. 4 3602(h).) Government zoning practices may violate the FHA if they result in the unavailability of housing for disabled persons and therefore discriminate against those individuals. (Pacific Shores, supra, 730 F.3d at p. 1157.) Moreover, the FHA expressly preempts state and local laws that conflict with its provisions, providing that "any law of a State, a political subdivision, or other such jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under [the FHA] shall to that extent be invalid." (42 U.S.C. 4 3615,) Thus, a zoning ordinance is invalid if it amounts to a discriminatory housing practice under the FHA. (See Gibson v. County of Riverside (C.D. Cal. 2002) 181 F.Supp.2d 1057, 1084.) The United States Department of Housing and Urban Development (hereafter HUD) and the United States Attorney General are jointly responsible for enforcing the FHA. (42 U.S.C, 44 3610, 3612,) The FHA gives HUD the power to receive, investigate, and conciliate complaints of discrimination, including complaints that a state or local government has discriminated in exercising its land use and zoning powers. (42 U.S.C. 4 3610.) After receiving a complaint, HUD must determine whether, based on the facts presented in the complaint, reasonable cause exists to believe that housing `discrimination has occurred. ' 2 U.S.C: § 3610(g)(1)0 If, after making the reasonable cause determination, HUD further determines that a complaint relates to "the legality of any State or local zoning or other land use law or ordinance," it is required to "immediately refer the matter to the Attorney General for appropriate action" in civil court. (42 U.S.C, 4 3610(g)(2)(C).) The United States Attorney General has discretion to bring suit against the locality within 18 months after the practice at issue occurred. (42 U,S.C. 4 3614(b).) Federal Americans with Disabilities Act The federal Americans with Disabilities Act (hereafter ADA) (42 U.S.C. 4 12101 et seq.) protects persons with disabilities from discrimination in employment, public services, and public accommodations. The ADA provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." (42 U.S,C. 4 12132.) Like the FHA, this provision prohibits governmental entities from discriminating against disabled persons through zoning. 2 Although the FHA uses the term "handicap," courts generally use the preferred term "disabled" when discussing these provisions, (Pacific Shores Properties, supra, 730 F.3d at p. 1156, fn. 15.) Honorable Bob Wieckowski — Request #1810121 — Page 3 of 5 (Pacific Shores, supra, 730 F.3d at p. 1157.) The ADA's protections also extend to persons recovering from drug or alcohol addiction. (Ibid.) The standards regarding disparate treatment claims under the FHA and the ADA are typically identical, and courts accordingly "interpret them in tandem." (Pacific Shores, supra, 730 F.3d at p. 1157.) Therefore, if an ordinance violates the FHA on the basis that it discriminates against disabled persons through zoning, the ordinance would also likely violate the ADA, The United States Attorney General is the federal entity responsible for administering and enforcing the ADA with respect to all programs, services, and regulatory activities relating to planning and development by public entities. (42 U.S.C. § 12133; 28 C.F.R. § 35.190.) An individual who believes that he or she has been subjected to discrimination on the basis of disability by a public entity may file a complaint with the United States Attorney General, (28 C.F.R. § 35,170,) The United States Attorney General is required to investigate the complaint and, if appropriate, attempt informal resolution of any matter being investigated, (28 C.F.R. § 35,172.) If the public entity being investigated declines to enter into voluntary compliance negotiations or if negotiations are unsuccessful, the United States Attorney General is authorized to bring a civil action to enforce the ADA. (42 U.S.C, § 12133; 28 CRR. § 35.174.) California Fair Employment and Housing Act The California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (hereafter FEHA)' prohibits discrimination in housing on the basis of certain characteristics, including disability. (§ 12955,) Like the FHA and ADA, courts have recognized that persons recovering from alcohol and drug abuse are disabled for purposes of FEHA, (See City of Edmonds v. Washington State Bldg, Code Council (1994) 18 F.3d 802.) Moreover, courts analyze FEHA claims under the same standards as FHA claims, (Pacific Shores, supra, 730 F,3d at p. 1156, fn. 14.) Thus, an ordinance that violates the FHA on the basis that it discriminates against disabled persons through zoning would also violate FEHA, The state Department of Fair Employment and Housing (hereafter DFEH) and the California Attorney General are jointly responsible for enforcing FEHA, (§ 12930 et seq,) A person may file a complaint with the DFEH alleging that a zoning ordinance violated FEHA by discriminating on the basis of disability. (§§ 12955, subd, (1), 12980 subd, (a).) Upon the filing of a complaint, the DFEH is required to commence an investigation. (§ 12980, subd. (f).) If the DFEH determines that a FEHA violation occurred, but is unable to eliminate the violation through conference, conciliation, mediation, or persuasion, it is required to bring a civil action on behalf of the aggrieved person as a real party in interest. (§ 12981.) 3 All further section references are to the Government Code unless otherwise indicated. Honorable Bob Wieckowski — Request #1810121 — Page 4 of 5 The California Attorney General is also authorized to bring a civil action to enforce FEHA upon referral from the DFEH or if he or she has reasonable cause to believe that any person or group is engaged in a pattern of denying others the rights granted by FEHA or that denial of those rights raises an issue of general public importance. (§ 12989.3.) These procedures apply to complaints that concern local land use ordinances. (§ 12981, subd. (b).)4 Thus, if a local government enacts a zoning ordinance that restricts sober living homes in a manner that violates FEHA, the DFEH or the California Attorney General may bring an action to invalidate the ordinance. California Planning and Zoning Law A zoning ordinance that prohibits or restricts sober living homes may also violate the state Planning and Zoning Law (§ 65000 et seq.). Section 65008, which forms part of the Planning and Zoning Law, prohibits local governments from discriminating against residential developments on the basis that the intended occupants have any of the characteristics protected by FEHA, including disability. (§ 65008, subd. (b).) That section provides that a local government action is "null and void" if it interferes with the residency of a person on the basis of those characteristics (id. at subd. (a)) and prohibits local governments from imposing different requirements on developments because of the characteristics, including disability, of the intended occupants (id. at subd. (d)(2)). In general, the Planning and Zoning Law serves "the same purpose [as] and contains similar language to the federal Fair Housing Act." (Keith v. Volpe (9th Cir. 1988) 858 F.2d 467, 485.) Therefore, by "proving a claim under the Fair Housing Act, plaintiffs also establish[] a violation of section 65008(6)." Jbid.) The state Department of Housing and Community Development (hereafter DHCD) and the California Attorney General are jointly responsible for enforcing the antidiscrimination provisions of the Planning and Zoning Law. (§ 65585.) If the DHCD determines that a local government has taken an action in violation of section 65008, it may notify the California Attorney General of this violation. (§ 65585, subd. (j).) The California Attorney General "has charge, as attorney, of all legal matters in which the State is interested," except for matters pertaining to the University of California and certain state boards and officers, so he or she may pursue a civil suit on behalf of the DHCD to invalidate an ordinance that violates the Planning and Zoning Law. (§ 12511; see Keith v. Volpe (C.D. Cal. 1986) 644 F.Supp.1317, 1321.) 4 Section 12981, subdivision (b) provides that if the DFEH "determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination." Honorable Bob Wieckowski — Request* 1810121 — Page 5 of 5 CONCLUSION If a local government enacts a zoning ordinance that restricts the establishment or continued operation of a sober living home in a manner that violates state and federal laws prohibiting discrimination against persons with disabilities, the following government entities may bring a civil action to invalidate the ordinance; the United States Attorney General, the California Attorney General, and the state Department of Fair Employment and Housing. Additionally, the United States Department of Housing and Urban Development and the state Department of Housing and Community Development may investigate a complaint of housing discrimination and refer the matter to the United States Attorney General or the California Attorney General, respectively, for appropriate action in civil court, Very truly yours, Diane F. Boyer -Vine Legislative Counsel By Natalie R, Moore Deputy Legislative Counsel NRM.blt Public Comment From: Cynthia Guerra <cynthiag@ken nedycommission.org> Sent: Tuesday, September 15, 2020 5:04 PM To: City Clerk; Public Comment Cc: Cesar C Subject: Letter on Items 25 on Anaheim City Council Agenda for 9.15.2020 Attachments: Ltr_Anaheim Stakeholder Meeting -5.30.2019 (1).pdf, Ltr_ltem 25- Anaheim Housing Ad -Hoc Committee Report_9.15.2020.pdf Hi, Please find attached the comments regarding today's Anaheim City Council meeting (9.15.2020): • Item #25: Report from Housing Ad Hoc Committee Comprised of Council Members O'Neil and Kring and Mayor Pro Tem Faessel Also included in this email is the letter sent to Council Member O'Neil, Faessel, and Kring on August 6, 2020 as a follow-up to the Affordable Housing Roundtable held on May 30th, 2020. Please confirm receipt of this email and let me know if you have any questions. Thank you for your help. Thank you, Cynthia Guerra Cynthia Guerra The Kennedy Commission Community Organizer September 15, 2020 www.kennedycoimnission.org 17701 Cowan Ave., Suite 200 Irvine, CA 92614 Mayor Harry Sidhu and City Council Members 949 250 0909 City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 RE: Item #25- Report from Housing Ad Hoc Committee Comprised of Council Members O'Neil and Kring and Mayor Pro Tem Faessel Dear Mayor Sidhu 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 reviews the report from the Housing Ad Hoc Committee, the Commission strongly encourages the Council consider key elements. The first is that the City of Anaheim must prioritize building affordable housing over above moderate housing. As the 2014-2021 Housing Element planning period comes to a close with one year left, it is clear that the City continues to have a very large need for housing at the very low and low income level and a disproportionate production of above moderate housing. For the 2014-2021 Housing Element planning period, the City has a Regional Housing Needs Assessment (RHNA) of 1,256 very low- and 907 low-income households. To -date, the City has built 124 or 10% of the 1,256 very low-income units and 121 or 13% of the 907 low-income units.' However, for the above moderate -income units, the City outperformed and exceeded the RHNA by constructing 7,182 or 287% of the 2,501 above moderate -income RHNA.2 While 948 above moderate units were added in 2019, only 53 units total were added at the very low and low income levels. With a remaining RHNA need of 1,950 lower income homes and an excess of 4,681 homes at the above moderate income level, it is urgent that the City evaluate its current policies and programs that have not facilitated the development of homes affordable to lower income households in the City. As demonstrated by the unbalanced housing production, the Adhoc Committee's recommendations continue to support above moderate housing production and have not yet prioritized affordable housing production for Anaheim's low income working families. It clearly does not have problem producing above moderate housing. The Commission participated in the Affordable Housing Roundtable held on May 30th, 2019. Our recommendations at the Roundtable requested that the City implement a series of specific affordable housing policies and programs that would effectively increase the production of housing for Anaheim's very low and low income working families. The Commission followed-up with a letter sent to the Councilmembers who formed the Ad -Hoc Committee, Council Members Faessel, O'Neil, and Kring, in which we summarized our policy and program recommendations. The letter is attached for your convenience. Unfortunately, the recommendations we provided over a year ago have not been implemented nor have they been incorporated into the City Staff's Housing Action Plan being 'City of Anaheim's 2019 Annual Housing Element Progress Report, p. 2, April 2020. ' City of Anaheim's 2019 Annual Housing Element Progress Report, p. 3, April 2020. Mayor Harry Sidhu and City Council Members September 15, 2020 reviewed today. Therefore, it is not surprising that the production imbalance between lower and above moderate income housing units persists. Committee members have expressed a preference "to explore options and policies that are market driven and incentive -based, as opposed to mandates that potentially serve to increase the cost of housing development and thereby exacerbate affordability."3 Unfortunately, as demonstrated by the current unbalanced housing production, this strategy has provided only incentives and concessions that produce above market rate housing that most working families in Anaheim cannot afford. To truly impact the need and increase the affordable housing the Committee must proactively prioritize and incentivize affordable housing through setting affordable housing goals and enacting effective and targeted policies. To -date, the City has followed a "market-driven" approach that has only incentivized and produced above moderate housing and depleted the City's housing opportunity sites. Currently market -rate developers can voluntarily choose to include affordable housing units, pay a voluntary contribution to affordable housing programs, or neither option. Since it is voluntary, many eschew either providing affordable housing units or provide the voluntary contribution. While "market rate developers noted their appreciation for its use of incentives and options as opposed to mandates,"4 it is clear that the housing affordability crisis will only be addressed through stronger, clearer, and more specific affordability requirements. The following is a list of a few of the policies and programs that Commission has advocated for over the years that would increase the production of affordable housing at the very low and low income levels. The Council should also refer to the letter the Commission submitted a year ago in response to our participation in the Affordable Housing Roundtable (attached). 1) Create an Affordable Housing Strategic Plan that provides specific goals in the construction of affordable homes. This is not included in the Plan currently proposed in this agenda item. 2) Engage community stakeholder and experts on affordable housing solutions not just market rate developers. 3) Prioritize adopting a mixed -income housing ordinance, especially in the Platinum Triangle, Housing Overlays, and in other areas in which the City is giving away density and incentives. 4) Ensure that development of affordable housing is prioritized in the Platinum Triangle, Honda Center and Stadium Development opportunity sites. While market -rate housing has been developed in significant numbers in the current planning period, none of the thousands of units built in the Platinum Triangle are affordable to lower income households. The City needs to ensure that planning and housing approvals in the current and upcoming planning period provide access to housing opportunities for a full spectrum of incomes, especially lower income households in these economically segregated areas. 5) Examine policies implemented by other jurisdictions, like the City of Irvine and the City of Santa Ana which have both adopted an inclusionary housing policy that has resulted in robust production of affordable housing. By giving market -rate developers the option of choosing between making a percentage of their market -rate housing projects affordable and, alternatively, paying an in -lieu fee, these cities have been able to exceed Anaheim's production of affordable housing in their respective jurisdictions. The City of Irvine has produced a total s City of Anaheim's City Council Staff Report, Item 25, p. 1, September 15, 2020. 4 City of Anaheim's City Council Staff Report, Item 25, p. 3, September 15, 2020. Page 2 of 3 Mayor Harry Sidhu and City Council Members September 15, 2020 of 1,012 units at the very low and low affordability level,5 while the City of Santa Ana has produced 794 units at these affordability levels.6 The inclusionary housing policy allows jurisdictions to facilitate the production of affordable housing by creating a fund that is available to subsidize affordable housing projects, which makes these projects more competitive when applying for state funds and tax credits. 6) Ensure that development of affordable housing is prioritized on the Housing Opportunity Sites identified in the Housing Element for planning period 2014-2021. The Report being considered today highlights the City's creation of the Housing Opportunity Sites to facilitate affordable housing.7 However, while market -rate housing has been developed on these sites, a minimal amount of affordable housing development has been produced on these sites. For example, a 20 -acre market -rate development by TRI Pointe Homes, Inc. has been approved in two of these opportunity sites located in the Residential Overlay Zone. Upon its completion, the development will provide 546 residential units at the above moderate income level.' 7) Explore creative land use and zoning policies that facilitate the development of affordable housing. For example, include a housing overlay zone or religious institutions amendment. 8) Support legislation that removes CEQA requirements for affordable housing, not above moderate housing. 9) Identify and explore allocating city -owned sites that may be well suited for housing for which there are no other development plans. 10) Continue to support tenant based rental assistance programs that facilitates additional affordable housing for homeless and low-income individuals. Finally, the City emphasizes the need to collaborate with the Building Industry Association (`BIA") to "develop a "tool kit" to facilitate all types of housing development and incentivize private market developers to help the City address its affordable housing goals." 9 However, the City must make an explicit effort to also collaborate with The Kennedy Commission and other affordable housing stakeholders to develop policies and programs that will specifically address affordability. The City's inability to produce the housing needed at the very low and low income levels, is apparent in the critically low production of lower income homes and demonstrates that a "market -rate" approach will not address the affordability crisis. Thank you for your consideration of these concerns. We look forward to further conversation regarding this important matter. 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 me at (949) 250-0909 or cesarc@kennedycommission.org. Sincerely, w Cesar Covarrubias Executive Director 5 City of Irvine's 2018 Annual Housing Element Progress Report, March 2019. 6 City of Santa Ana's 2018 Annual Housing Element Progress Report, p. 2, March 2019. City of Anaheim's City Council Staff Report, Item 25, p. 2, September 15, 2020. s City Council Agenda Report for Item 20, p.1, June, 2019. 9 City of Anaheim's City Council Staff Report, Item 25, p. 5, September 15, 2020. Page 3 of 3 August 6, 2019 www.kennedycommission.org 17701 Cowan Ave., Suite 200 Irvine, CA 92614 Councilmember Trevor O'neil 949 250 0909 City of Anaheim 200 S Anaheim Boulevard 7th Floor Anaheim, CA 92805 RE: City of Anaheim Affordable Housing Discussion Dear Councilmember O'neil: Thank you for including the Kennedy Commission in the Affordable Housing Discussion at the City of Anaheim on May 30th, 2019. 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 a follow up to the Affordable Housing Discussion, the Commission is providing the following recommendations that will help facilitate the development of homes affordable to lower income households. Given that the City has met and exceeded its production of units at the above moderate income level based on the City's RHNA requirements, it should now focus on increasing the opportunities for production at the extremely low, very low, and low income levels. Housing Opportunity Sites The City needs to ensure that development of affordable housing is prioritized on the Housing Opportunity Sites identified in the Housing Element for planning period 2014- 2021. While market -rate housing has been developed, a minimal amount of affordable housing development has been produced on these sites. Given the sharp disparity between the overall production of affordable housing and market -rate housing in the City, it is important that these sites be prioritized for affordable housing developments. Please see the Commission's attached March 18th letter submitted to the City Council regarding the City's Housing Element Annual Progress Report for more information on the City's RHNA implementation progress. Recommendation: The City should create a requirement that any housing projects on the Housing Opportunity Sites include 15%-20% of housing affordable to very low and low income families, especially in the Platinum Triangle Mixed Use Overlay Zone. Affordable Housing Policies The City should adopt policies that will provide developers with incentives and rezoning in consideration for developing affordable housing at the very low and low income level. This will result in a more robust and balanced production of affordable housing in the City. For example, the cities of Santa Ana and Irvine have both adopted Housing Opportunity Councilmember O'neil August 6, 2019 Page 2 of 2 Ordinances. By giving developers the option of choosing between making a percentage of market -rate housing projects affordable and paying an in -lieu fee, these cities have been able to exceed Anaheim's production of affordable housing in their respective jurisdictions. The City of Irvine has produced a total of 1,012 units at the very low and low affordability level,' while the City of Santa Ana has produced 794 units at these affordability levels.2 A Housing Opportunity Ordinance allows jurisdictions to facilitate the production of affordable housing by creating a fund that is available to subsidize affordable housing projects, making these projects more competitive when applying for state funds and tax credits. Recommendation: Anaheim should follow the examples of the City of Irvine and the City of Santa Ana and adopt a Housing Opportunity Ordinance. Recommendation: The City should adopt an updated Affordable Housing Strategic Plan that provides specific goals in the construction of affordable homes. City Owned Sites Unlike other jurisdictions in the County, the City of Anaheim's Community Development Department owns a significant inventory of housing sites that can be used to prioritize the development of affordable housing. Recommendation: The Community Development Department should issue and RFP for these City -owned sites that prioritizes the development of housing affordable to very low and low income families. Communication with Affordable Housing Stakeholders - The City should continue to engage affordable housing stakeholders to discuss other effective policies and programs that will facilitate the development of homes affordable to lower income households in the City. The Commission looks forward to partnering with the City to increase and preserve affordable homes for lower income households in the City. Please keep us informed of any updates and meetings regarding the City's action to effectively address rent increases in mobile home parks. If you have any questions, please free to contact me at (949) 250-0909 or cesarc@kennedycommission.org. Sincerely, Cesar Covarrubias Executive Director 1 City of Irvine's 2018 Annual Housing Element Progress Report, March 2019. 2 City of Santa Ana's 2018 Annual Housing Element Progress Report, p. 2, March 2019. Public Comment From: buddyfitz Sent: Thursday, September 10, 2020 10:41 PM To: Public Comment Subject: Public Hearing Comments for Sept 15 council Meeting Attachments: PUBLIC HEARING COMMENTS.pdf Attached Public Hearing Comments. Anaheim Council Public Hearing Comments for September 15, 202 Public Hearing, Agenda Items # 26 & # 27 Home Owners Maintaining our Environment Public r ..type" giveaway*by six of councilthe seven corrupt b ' concerns where the amount of the "franchise fee" is kept secret fromthe public. JOHN ARMSTRONG B ROSA Ar i MICHELLE B; KIM KEYS (FAESSEL) A Jennifer L. Hall From: Elaine Thienprasiddhi Sent: Friday, September 11, 2020 12:53 PM To: Jennifer L. Hall Cc: Ted White; Susan Kim Subject: FW: Letter of Support - 1730 Clementine Hotel Development Attachments: 1730 Clemtentine 9.15.20 Support.pdf Jennifer, I received the attached letter of support for Item No. 27 on CC 9/15. A From: Heather Sievers <heather@anaheimchamber.org> Sent: Friday, September 11, 2020 12:51 PM To: Harry Sidhu (Mayor) <HSidhu@anaheim.net>; Stephen Faessel <SFaessel@anaheim.net>; Trevor O'Neil <TONeil@anaheim.net>; Jordan Brandman <JBrandman@anaheim.net>; Lucille Kring <LKring@anaheim.net>; Denise Barnes <DBarnes@anaheim.net>; Jose Moreno <JMoreno@anaheim.net> Cc: Elaine Thienprasiddhi <EThien@anaheim.net>; Andy Uk <AUk@anaheim.net>; jwhang@anaheim.net Subject: Letter of Support - 1730 Clementine Hotel Development Dear Mayor and City Council Members, Please see attached letter of support for Tuesday's City Council Meeting. Best Regards, On behalf of Todd Ament Heather Sievers Director of Events Anaheim Chamber of Commerce 2099 S. State College, Ste. 650 Anaheim, CA 92806 he:�ther@2 _n hei_ .c. mber.:_org 714.758.0222 1 September 11, 2020 The Honorable Harry Sidhu, Mayor Members of the City Council City of Anaheim 200 S Anaheim Boulevard, 7th Floor Anaheim, CA 92805 Dear Mayor and Councilmembers: Phone: 714-758-0222 2099 S. State College, Ste. 650 Anaheim, CA 92806 www.anaheimehamber.org On behalf of the Anaheim Chamber of Commerce, I am writing to urge you to approve item 27 on the September 15, 2020 Council Agenda. Despite these difficult times in the travel and hospitality sectors, we're excited to see a developer come forth and move forward with this new hotel development. As we look forward to recovery, this 125 -room boutique will provide additional options for visitors to the Resort area in the long term. The Anaheim Chamber of Commerce supports building a strong local economy and bringing more jobs to our residents. The 1730 Clementine hotel development will continue Anaheim's growth and economic vitality. This is an excellent opportunity to develop vacant property into something special for Anaheim. With your approval, Anaheim benefits, providing much-needed jobs, and we welcome a good neighbor to our community. The Chamber supports the plans and development of the 1730 Clementine hotel project. Anaheim benefits with this project. We urge you to approve item 27. Sincerely, Todd Ament President & CEO Anaheim Chamber of Commerce Build a Strong Local Economy Promote and Brand the Anaheim Community Create Networking through Business Development Opportunities Represent Business Interests in Government Political Action Public Comment From: Heather Sievers <heather@anaheimchamber.org> Sent: Friday, September 11, 2020 1:18 PM To: Public Comment Subject: Letter of Support - 1730 Clementine Hotel Development Attachments: 1730 Clemtentine 9.15.20 Support.pdf Please see attached letter of support for Tuesday's City Council Meeting. Best Regards, On behalf of Todd Ament Heather Sievers Director of Events Anaheim Chamber of Commerce 2099 S. State College, Ste. 650 Anaheim, CA 92806 he:�the.rC�2A_n heimch mber.:_org 714.758.0222 September 11, 2020 The Honorable Harry Sidhu, Mayor Members of the City Council City of Anaheim 200 S Anaheim Boulevard, 7th Floor Anaheim, CA 92805 Dear Mayor and Councilmembers: Phone: 714-758-0222 2099 S. State College, Ste. 650 Anaheim, CA 92806 www.anaheimehamber.org On behalf of the Anaheim Chamber of Commerce, I am writing to urge you to approve item 27 on the September 15, 2020 Council Agenda. Despite these difficult times in the travel and hospitality sectors, we're excited to see a developer come forth and move forward with this new hotel development. As we look forward to recovery, this 125 -room boutique will provide additional options for visitors to the Resort area in the long term. The Anaheim Chamber of Commerce supports building a strong local economy and bringing more jobs to our residents. The 1730 Clementine hotel development will continue Anaheim's growth and economic vitality. This is an excellent opportunity to develop vacant property into something special for Anaheim. With your approval, Anaheim benefits, providing much-needed jobs, and we welcome a good neighbor to our community. The Chamber supports the plans and development of the 1730 Clementine hotel project. Anaheim benefits with this project. We urge you to approve item 27. Sincerely, Todd Ament President & CEO Anaheim Chamber of Commerce Build a Strong Local Economy Promote and Brand the Anaheim Community Create Networking through Business Development Opportunities Represent Business Interests in Government Political Action L July 30, 2020 City of Anaheim City Council 200 S Anaheim Boulevard 7th Floor Anaheim, CA 92805 Dear Members of the Anaheim City Council, 2099 S. State (,'dlllcWge IElvd. SiJte 600 F 0. IF ox 4270 AruaNu&n, C,d4 92806 7147652800 As a member of the greater Anaheim community for the past 7 % years, I am always excited to see this city grow. I am writing this letter to urge you to vote in favor of the 1730 Clementine development that will becoming to your commission on September 15tH This property has been vacant for 10 years, not generating any benefit for the community. The developers saw an opportunity to turn a less than an acre of land into something special for Anaheim. I have met these developers, I have seen their plans, they have a true heart for what it means to be a part of this community. With this hotel development, Anaheim will benefit greatly. In these unforeseen times we are in, our city is going to need to continue to attract investment to recover, and approving this project will send a signal to the market that Anaheim continues to be bullish on our future, regardless of short term challenges. We are excited for this project and hope you will support it. We are hopeful that we will have a neighbor to add to our community. Sincerely, Jay Buress President & CEO Visit Anaheim e8 �)�SN,'E Y1, AND DRIVE |oU11 sxw W|NCOME aWO ic/w,cxe28m2 � H(}SPH"AUT\' September loth 2020 Off ice oftheCity [ouncl| City ofAnaheim lOOSAnaheim Boulevard 7t' Floor Anaheim, CA 92805 Re: 1730 Clementine Development Dear Members of the City Council, As'amomber ofthe Anaheim Resort District for the over 25 years, Uamalways excited tosee this community grow. I am writing this letter to urge you to vote in favor of the 1730 Clementine development that will be coming to you for a vote on September 15th. This property has been vacant for l0years and issitting empty. The developers saw amopportunity to turn a less than an acre piece of land into something special for Anaheim. I have met these developers, I have seen their plans, and they have a true heart for what it means to be a part of this community. This lot ixsitting idle imthe middle ofthe Resort, not generating any benefit for the community. With this hotel development, Anaheim will benefit greatly. In these unforeseen times weare in, our city isgoing to need to continue to attract investment to recover, and approving this project will send a signal to the market that Anaheim continues to be bullish on our future, regardless of short-term challenges. VVeare excited for this project and hope you will support it. VVeare hopeful that xvewill have aneighbor toadd tmour community, Wincome Hospitality Pa�,� r''l(� 11 Public Comment From: Konstantinos Roditis Sent: Tuesday, September 15, 2020 12:14 PM To: Public Comment Subject: Agenda Item # 28 - Taxi Franchise Attachments: AGT - 2020 Sept 15 LTR Anaheim City Council w attachmts bkmd.pdf Here are the public comments from Maryann Cazzell for Cazzell & Associates in regards to tonight's taxicab franchise public hearing. CAZZELL & ASSOCIATES, ATTORNEYS 505 N. Tustin Ave., Sate. 276 Santa Ana, CA 92705 (714) 558-1772 tel. (714) 558-1883 fax. September 15, 2020 TO: THE HON. HARRY S. SIDHU, MAYOR AND THE HON. LUCILLE KRING, MAYOR PRO TEM, - AND TO CITY COUNCILPERSONS DENISE BARNES JORDAN BRANDMAN JOSE F. MORENO STEPHEN FAESSEL and TREVOR O'NEIL ANAHEIM CITY COUNCIL 200 S. Anaheim Blvd., City Council Chambers Anaheim, CA 92805 RE: ITEM #28 on September 15, 2020 ANAHEIM CITY COUNCIL AGENDA (Proposed Taxicab Franchise Awards;) Procedural and Legal Mistakes and Violations permeating the Recommendations of the Anaheim Planning and Building Department ("STAFF") and the Taxicab Advisory Committee ("TAC") to issue in excess of fifty (50) taxicab franchises pursuant to the Request for Proposal ("RFP") circulated by Staff on July 15, 2020; Demand that these 50 taxicab franchises be awarded to American Ground Transportation dba 24/7 Taxi Cab ("AGT";) Demand that any award of up to one hundred fifty-five (155) of the taxicab franchises previously given to Yellow Cab of Greater Orange County ("Yellow Cab") in the year 2012 be done by a separate RFP; and Objection of proposed award of 155 taxicab franchises to CABCO, INC. dba California Yellow Cab ("CABCO".) Dear Gentlepersons: This firm represents AGT in these proceedings; which include without limitation, matters concerning Agenda Item 928 now before you. I write in response and opposition to Anaheim's Recommendation to adopt the Recommendations of TAC as stated in Staff's September 15, 2020 Agenda Report, to award 155 Anaheim taxicab franchises, or to award any number of franchises, to CABCO pursuant to the RFP circulated on July 15, 2020. Following either course would be wrongful. I. ANAHEIM WAS REQUIRED TO ISSUE AN RFP FOR THE ISSUANCE OF 50 TAXICAB FRANCHISES ALONE. As also noted in the written material submitted by Konstantinos Roditis (President of AGT) related to this Agenda Item, Anaheim was required by the Courts to initiate a new RFP for the issuance of an isolated 50 taxicab franchises. This requirement was in the form of a FILED ORDER dated October 31, 2019 and entered by the Court of Appeal for the Fourth District of California, Third Division ("COA") in Appellate Case 9G055501, and made final upon issuance of its Remittitur on February 14, 2020. Immediately thereafter, Anaheim should have begun the process of issuing the 50 -franchise RFP, which could have been completed by early March 2020 at the latest. Anaheim absolutely should not have waited until July 15, 2020, four -and -a -half months later, to do this. The COA made it abundantly clear that the RFP was to be limited to "those 50 taxicab permits." (COA Opinion, page 26.) These facts are detailed in the recent Court paperwork filed in ongoing Orange County Superior Court case 930-2013-00688977-CU-MC-CJC, styled as AGT v. The City ofAnaheim (the "AGT Case.") Portions of various court documents from the AGT case are attached hereto and incorporated herein by reference. What is bookmarked here as Exhibit "AI" is pages 3-5 of AGT's Brief submitted in support of its Motion, that literally traced the 50 franchise W permits in question, all the way back to the 2012 RFP. These very franchise permits were awarded to A White and Yellow Cab, Inc. dba A Taxi Cab ("AWYC,") which held onto them until the Spring of 2016 when it went out of business. But in the AGT Case the Orange County Superior Court ("OCSC") had already held in June 2016 that Anaheim had acted unconstitutionally in its August 2012 Rehearing award of those very same permits (to AWYC;) and that, accordingly, the hearing had to be re -done. So, new City Council proceedings took place in Anaheim in the Fall of 2016, that paid only "lip -service" to the OCSC Order. Despite AGT's fully - compliant RFP paperwork, Anaheim "split up" the 50 AWYC franchises between Yellow Cab and CABCO, and called it a day. It was Anaheim's Fall 2016 action that the COA declared unlawful, and this is what lead the COA to ORDER Anaheim to issue a new RFP for those same 50 permits. This is the task, and the only task, that should now be before you. Anaheim Staff and TAC now "recommend" that these 50 permits, the same ones directly traceable back to2012, at last, be awarded to AGT. In so doing, Anaheim admits without condition, that AGT should have, and should have had, these same 50 permits, from way back in 2012. AGT lost a mint of money, not to mention loss of market share and other economic opportunity, from being deprived of those permits for over eight (8) years. AGT continues to lose income and economic opportunities from Anaheim's failure and refusal to have granted AGT those particular permits back in 2012. Just one obvious example of additional losses caused by Anaheim, is TAC's degrading of AGT's current RFP submittal, on the grounds that AGT did not have experience operating in Anaheim! In addition to being untrue, had Anaheim not treated AGT unfairly, unconstitutionally, and illegally in 2012, 2016, now, and at all points in between, AGT would have been operating in Anaheim for all of those years and would have scored as much as another 13.8 in the first three categories of TAC's current RFP Scoring evaluation, bringing AGT's scoring to at least a total of a 76.0 or higher. As it is, Anaheim, despite grading AGT with a "62.2" (%) RFP score, still is now willing to award it 50 franchise stickers. AGT posits that the real reason that this is so, is that (as explained and in its paperwork in the AGT 3 Case,) Anaheim has manipulated these administrative proceedings in such a way that an award of 50 franchise stickers has very little value (since Anaheim proposes to simultaneously award CABCO a taxicab monopoly of over eighty percent (80%+) of the Anaheim franchises.) But the discussion should take place. The scoring given AGT by TAC, is the lowest ever given in the relevant proceedings! In 2012 TAC graded AGT with a score of 62.25%. In 2016, that score had gone up to 66.60 percent! Yet at that time, Anaheim and its attorneys insisted that any score in the "60s" was not even a "passing score!" So why, suddenly, is 62.2 percent not only "passing," but "passing" enough to justify an award of 50 franchises? II. ANAHEIM HAS UNCONSTITUTIONALLY AND WRONGFULLY EXPANDED THIS RFP INTO ONE INCLUDING YELLOW CAB'S SUBSEQUENTLY -AVAILABLE 155 FRANCHISES, WHICH EMASCULATES MOST OF THE ADVANTAGE TO AGT FROM ACQUIRING 50 FRANCHISES. A more detailed explanation of this phenomenon, and how and why it works to effectively deny AGT of the real value of the 50 permits (that Anaheim suddenly recommends be awarded to it,) is contained at the portion of the AGT Case MOVING papers attached and bookmarked as "A2," and that portion of the REPLY papers attached and bookmarked as "B 1." It is also addressed in the paperwork simultaneously submitted by AGT pertaining to this Agenda Item. In summary, the action that Staff and TAC recommend that the City adopt, awarding AGT 50 franchises, and an additional 155 to CABCO (which will then hold 205 franchises,) so dilutes the market that AGT cannot reasonably expect to make a profit. This violates Anaheim Municipal Code ("AMC") 4.75.045.040, because it unduly burdens AGT as the other franchisee and prevents it from realistically having an opportunity to make a profit. It also creates an unlawful "monolopy" in favor of CABCO (because it causes CABCO to hold a market share of over 80%.) If Anaheim truly believes that its city now requires more than 100 taxicabs on the road in Anaheim (plus a 15% overage,) then it is free to initiate a separate RFP for the same - an RFP of up to the remaining 155 "treasury M stock" franchises allowed by the AMC. But it may not do so now, through this COA-Ordered RFP for "those 50 permits." III. CABCO'S RECENT ILLEGAL AND FRAUDULENT ACTIVITY IN KNOWINGLY VIOLATING THE FRANCHISE AND THE AMC BY OPERATING VEHICLES AS ANAHEIM TAXICABS WITHOUT AUTHORIZATION AND PRIOR TO A NEW FRANCHISE AWARD, SHOULD NOT BE REWARDED BY AN AWARD OF ADDITIONAL FRANCHISES (ESPECIALLY GIVEN THAT THE SAME ARE NOT EVEN ALLOWED UNDER THIS RFP IN THE FIRST PLACE!) AGT has presented to the OCSC, and also submits herewith, ample evidence proving that CABCO has been using Yellow Cab's previously - franchised vehicles, and operating them in the City just as if they belonged to CABCO and were part of CABCO's franchise. This is not true, of course, and could not be true. Even as of this date, CARCO holds only 50 franchises. Yellow Cab's franchises are non -transferable (AMC 4.73.120,) and do not belong to, nor may they be used by, CABCO. AGT has also submitted to the OCSC and submits herewith, documentary evidence, that CABCO has been using as part of its Anaheim franchise fleet, vehicles that exceed the maximum model year date allowed, a further violation of AMC 4.73.030. In addition to the evidence attested to in AGT's submission of this date, AGT references the following evidence of CABCO's unlawful acts and breaches of the franchise, set forth in particular in the AGT Case's MOTION paperwork (Ex. "A") at p. iii(H) & pp. 2-3; and in the AGT Case's REPLY paperwork at pp. 1 & 5-7. Further evidence in the form of actual photographs of CABCO's wrongful acts in breach of the franchise, including its use of Yellow Cab vehicles and franchise stickers that did not belong to it, to pick up fares in the City, and its use of overage vehicles as part of its Anaheim franchise fleet, is included in the AGT Case document attached hereto as Exhibit "C," the Declaration of Savvas Roditis and its attachments. CABCO's surreptitious operation of Yellow Cab vehicles is not a "no harm, no foul" event. In so doing, CABCO has violated the AMC and has committed a misdemeanor. Anaheim has the right to (and frankly, should,) 61 fine and cite CABCO under AMC 4.73,170, and either terminate CABCO's franchise under AMC 4.73. 100 or temporarily suspend it under AMC 4.73.110. It should strip CABCO of all of its taxi franchises, not give it more! And certainly not give it so many taxi franchises that it creates and hands CABCO an unlawful monopoly! To conclude, the franchise for consideration, by legal edict, must be limited to an award of "those 50 franchises" that were awarded to AWYC in 2012 (and subsequently revoked by the OCSC's 2016 Order finding the award unconstitutional;) then awarded in a split between CABCO and Yellow Cab (25 each) in 2016 (which award was subsequently held to be unlawful by the COA in 2019;) and now, finally, up for the COA-Ordered RFP in 2020. Any RFP for the remaining 155 "treasury stock" franchises, or any portion of them, must take place later. Should the City proceed to award any portion of those additional 155 franchises, it should be 50 of them, and they should go to AGT. AGT has been pursuing a franchise for an aggregate of 100 stickers, since 2012; and has been qualified to receive them, every time. The unfairness, bias, and ethnic discrimination must stop. Thank you in advance for reviewing and considering the contents of this letter and its attachments. Very Truly Yours, /S/ Maryann Cazzell MARYANN CAZZELL MC:sc cc: Client Attachments: AGT Case documents no ll p I.,µ.,,..I - 30-2013- 1 0®20131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electronically Filed by Superior Court of California, County of Orange, 07/29/2020 04:01:00 PM. 88977®CU®MC®CJC ® ROP, # 435 ® DAVID H. YAMASA I, Clerk of the Court By Jonathan Aguilar, Deputy CAZZELL & ASSOCIATES, ATTORNEYS MARYANN CAZZELL, ESQ. (Bar 9128780) 505 N. Tustin Ave., Ste. 276 Santa Ana, California 92705 Telephone: 714/558-1772 Telefax: 714/558-1883 cazzellkmsn.com Attorneys for Plaintiff/Moving party AMERICAN GROUND TRANSPORTATION, INC., a California Corporation, doing business as 24/7 Taxi Cab SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF ORANGE CENTRAL DISTRICT CENTER, UNLIMITED AMERICAN GROUND TRANSPORTATION, INC., A California Corporation, doing business as 24/7 Taxi Cab, Plaintiff, vs. THE CITY OF ANAHEIM, DOES 1 THROUGH 100, Defendants. AM. GROUND TRANSPORTATION v. ANAHEIM CASE NO.: 30-2013-00688977-CU- MC-CJC [REASSIGNED FOR ALL PURPOSES TO THE HON. GLENN R. SALTER, DEPT. C-22] NOTICE OF MOTION AND MOTION OF PLAINTIFF AMERICAN GROUND TRANSPORTATION, INC. FOR AN IMMEDIATE AWARD OF FIFTY TAXICAB FRANCHISES UPON SHOWING OF ACTUAL BIAS ON THE PART OF ANAHEIM, PURSUANT TO OCTOBER 31, 2019 COURT OF APPEAL OPINION IN CASE 9G055501; MEMORANDUM IN SUPPORT THEREOF [DECLARATIONS OF SAVVAS AND KONSTANTINOS RODITIS SUBMITTED SEPARATELY AND CONCURRENTLY] HEARING DATE: 8/20/2020 TIME: 9:30 a.m. DEPT.: C-22 [RESERVATION # 733454 79] REMITTITUR ISSUANCE DATE: 2/14/2020 COMPLT. FIL'G DATE: 11/21/13 TRIAL DATE: NONE MOT. FOR IMMEDIATE FRANCHISE AWARD :lerk. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THIS HONORABLE COURT, TO DEFENDANT/RESPONDING PARTY THE CITY OF ANAHEIM ("ANAHEIM") AND TO MOSES W. JOHNSON, IV., ASSISTANT CITY ATTORNEY, ITS COUNSEL OF RECORD HEREIN, AND TO ALL OTHER INTERESTED PARTIES AND THEIR COUNSEL: NOTICE IS HEREBY GIVEN that on August 20, 2020, at 9:30 a.m., or as soon thereafter as the matter may be heard, in Dept. C-22 of the above -captioned Court, located at 700 Civic Center Drive West, Santa Ana, CA 92701, PLAINTIFF/MOVING PARTY AMERICAN GROUND TRANSPORTATION, INC. (hereinafter "AGT") will and does hereby move this Court for an Order for an immediate award of fifty ANAHEIM taxicab franchises upon the showing of actual bias on the part of ANAHEIM, pursuant to the October 31, 2019 OPINION issued by the Court of Appeal for the Fourth District of California, Division Three ("COA") in case 9G055501 ("OPINION,") and for further or alternative relief. This Motion is made on the following grounds: (A) That by means of the OPINION, AGT was determined to be the prevailing party on the Seventh Cause of Action Writ of the Supplemental Complaint filed in this case in 2017, which itself followed up on ANAHEIM's failure to have conducted an entirely new REQUEST FOR PROPOSAL ("RFP") in October 2016 (rather than a cursory "Rehearing,") despite the finding of the Trial Court's June 20, 2016 MINUTE ORDER ("MINUTE ORDER") in favor of AGT on its Fourth Cause of Action Writ taken from ANAHEIM's franchise award in the year 2012; (B) That by means of its OPINION the COA ORDERED ANAHEIM to issue a new RFP for the 50 franchise stickers that had belonged to the former third ANAHEIM taxicab franchisee A WHITE AND YELLOW CAB, INC. ("A TAXI,") but which later became available after A TAXI's franchise was terminated by ANAHEIM in the Fall of 2016; (C) That in the Fall of 2016, ANAHEIM had scheduled a City Council Hearing to terminate A TAXI's fifty franchises to take place immediately prior to the AM. GROUND TRANSPORTATION v. ANAHEIM ii MOT. FOR IMMEDIATE FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rehearing to award those very franchises in an equal split to its remaining taxicab franchisees (25 to YELLOW CAB OF GREATER ORANGE COUNTY ("YELLOW CAB") and 25 to CABCO, INC. dba CALIFORNIA YELLOW CAB ("CABCO"),) to the exclusion of AGT; (D) That AGT maintains that in 2016 ANAHEIM had knowingly allowed YELLOW CAB and CABCO each to use their additional 25 taxi franchises (those formerly used by A TAXI) as early as April/May 2016 right after A TAXI had gone out of business, before ANAHEIM had even terminated A TAXI's franchise, and prior to the time that it had held any sort of public hearing whatsoever about redistributing A TAXI's fifty franchise permits; (E) That in the REVERSAL Order of the OPINION, the COA only chose to "decline (AGT's) invitation to order the City to award it 50 taxicab permits in the first instance" specifically because it had concluded that "AGT has not demonstrated actual bias" (OPINION page 22;) yet at the same time, the COA was quick to clarify that "[O]ur conclusion does not preclude AGT from asserting bias in future proceedings, supported by concrete facts and not baseless allegations" Ibid.; (F) That at the urging of this Court, ANAHEIM officially terminated YELLOW CAB's taxi franchise on July 14, 2020, simultaneously with ANAHEIM's termination of YELLOW CAB's 25 permits as Ordered by the COA (which 25 -permit "reduction" "staff did not have time to complete" by the time YELLOW CAB ceased operations,) but made no specific reference to a termination of CABCO's 25 permits as Ordered by the COA; and that on the following day, July 15, 2020, ANAHEIM issued and circulated a new RFP for up to two hundred five (205) new taxicab franchises, but for a duration of only about two years, and still without making any specific reference to a termination of CABCO's 25 permits as required by the COA in its OPINION; 1 ANAHEIM CITY COUNCIL AGENDA REPORT for July 14, 2020 Agenda Item 426, page 2. AM. GROUND TRANSPORTATION v. ANAHEIM iii MOT. FOR IMMEDIATE FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (G) That ANAHEIM represented at the last Court Hearing in this case held July 16, 2020 that CABCO had turned in or had otherwise stopped using the 25 ANAHEIM franchises that the COA had ordered be taken from it and put out for bid under a new RFP, assuring the Court that CABCO was then only operating in ANAHEIM under its remaining 50 taxicab franchises; and (H) That AGT now has documentary proof that CABCO is now and already operating taxicabs in ANAHEIM well in excess of those allowed under its franchise; and that this evidence now before this Court establishes the actual bias necessary to allow this Court to exercise its discretion to direct ANAHEIM to award the fifty taxicab franchises directly to AGT for the regular 10 -year franchise period. This MOTION is based upon this NOTICE OF MOTION, on the attached MEMORANDUM, on the concurrently -submitted DECLARATIONS OF SAVVAS RODITIS and KONSTANTINOS RODITIS, on the contents of any and all Responses to each Public Records Request ("PRR") submitted to ANAHEIM and/or to the ORANGE COUNTY TRANSPORTATION AUTHORITY ("OCTA") on behalf of the ORANGE COUNTY TAXI ADMINISTRATIVE PROGRAM ("OCTAP") in July or August 2020 related to this Motion, and on such other matters of which JUDICIAL NOTICE may respectfully be invited prior to or at the time of the hearing of the Motion, on all of the pleadings, papers and documents on file herein, and on such oral and documentary evidence as may be presented at the time of the hearing. RESPECTFULLY SUBMITTED, CAZZELL & ASSOCIATES, ATTORNEYS /S/ Maryann Cazzell DATED: July 28, 2020 By: MARYANN CAZZELL, ESQ. Attorneys for Plaintiff/Moving Party AMERICAN GROUND TRANSPORTATION, INC. AM. GROUND TRANSPORTATION v. ANAHEIM iv MOT. FOR IMMEDIATE FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM 1. INTRODUCTORY STATEMENT OF CASE POSTURE.- By OSTURE: By now this Court is reasonably familiar with the current posture of this 2013 case, involving ongoing attempts by AGT (in relevant part a taxicab operator) to secure the right to be able to operate in ANAHEIM. The Court's first hearing upon remand, held June 25, 2020, was a combined Joint Status Conference and a hearing on the parties' cross-motions, the salient one being AGT's Motion to Set Matter for Jury Trial or related relief. In both its TENTATIVE RULING and in Open (Court -Call) Court, the Court directed ANAHEIM to comply with the orders of the COA, and to supply the Court with a copy of its RFP. Since neither of these directives had yet been accomplished, the Court asked about ANAHEIM's upcoming City Council hearing pertaining to the RFP. Learning that such hearing was scheduled for July 14, 2020, the Court advanced the follow-up Further Status Conference to July 16th. Prior to the July 16' continued hearing, AGT submitted via a REQUEST FOR JUDICIAL NOTICE ("RJN,") ANAHEIM's complete CITY COUNCIL AGENDA REPORT for Item 926 on the July 14'h calendar ("AGENDA REPORT,") concerning the termination of the taxicab franchise of YELLOW CAB. The Court granted that RJN at the time of the hearing. ANAHEIM's counsel indicated that it had submitted its own RJN, a copy of the RFP it had circulated on July 15, 2020. While it hadn't been processed by the Court as of the time of the hearing, AGT's counsel acknowledged having reviewed the same. At the July 16'h hearing, the Court generally discussed the AGENDA REPORT and the RFP with counsel. AGT's counsel noted that there were several problems with the RFP as drafted, chief among them being: 2 This was delayed for several months per the Orange County Superior Court's Administrative Orders related to the COVID-19 pandemic. I AM. GROUND TRANSPORTATION v. ANAHEIM 1 MOT. FOR IMMEDIATE FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1) That instead of issuing a separate RFP limited to the 50 taxi franchises as ordered by the COA, ANAHEIM had issued a single RFP soliciting public bids for up to 205 taxicab franchises; 2) That prior to even issuing the RFP, ANAHEIM had failed to conduct its customary "public convenience and necessity" study, performed by a nationwide taxicab expert, for the purpose of determining how many taxicab franchises ANAHEIM actually needed at this time (which was substantially less that slated due both to the COVID-19 pandemic and the prevalence of non -taxi for -hire vehicles operating in competition to taxicabs, such as "LIBER" or "LYFT"-type Transportation Network Companies" (TNCs"),) and that the ANAHEIM transportation market would be flooded with more taxicabs than needed; and 3) That the term of the franchise offered by the RFP, was limited to about two years rather than the typical ten-year period ANAHEIM had offered in recent years, which longer period was necessary so that a new franchisee had a realistic ramp -up period within which to amortize its purchase new or newer vehicles and equipment, which costs would be over $1,000,000 for the (minium -allowed) fifty -cab fleet. The Court and counsel also briefly discussed the possibility that the franchise might ultimately be found to violate a new law initiated as "AB 1069" and now codified as Cal. Govt. Code sections 53075.51 et sem, which was enacted for the purpose and with the intent of "opening up" municipal borders for taxicab operations so that taxis could have a prayer of remaining in business despite crushing governmental regulations, and having to compete alongside TNCs. AGT argued that ANAHEIM had still not required CABCO to "give back" the 25 "vacated" permits as Ordered by the COA, so that these, along with the 25 "vacated"permits then held by YELLOW CAB, could be put out for the 50 -franchise RFP as directed in the OPINION. AGT opined that in fact CABCO was still operating in ANAHEIM using its legitimate 50 franchises PLUS the 25 it was required to give back; pointing out that ANAHEIM had never done the required TERMINATION hearing (just as it had to do for YELLOW CAB on July 14th, evidenced in the AGENDA REPORT.) AM. GROUND TRANSPORTATION v. ANAHEIM 2 MOT. FOR IMMEDIATE FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANAHEIM's counsel steadfastly denied that CABCO was still using those 25 permits that were supposed to have been included in the COA-ordered RFP, stating that it had some sort of documentation for this. To date, AGT has been made aware of no such documentation. It has, however, been made aware of this: ANAHEIM HAS BEEN COMPLICIT IN CABCO'S UNDERHANDED SCHEME TO USE THE ANAHEIM FRANCHISE STICKERS STILL AFFIXED TO YELLOW CAB'S VEHICLES TO OPERATE FAR MORE THAN ITS 50 ANAHEIM FRANCHISES. IL AT ISSUE ARE THE VERY SAME 50 ANAHEIMFRANCHISE STICKERS AS WERE ORIGINALL Y A WARDED TO A TAXI BYMEANS OF ANAHEIM'S RFP OF M4Y2012. A bit of "tracing" is in order, as the 50 subject franchises are not of the "fungible" variety. They had a genesis, and it was the May 2012 taxicab franchise awards.' These 50 franchises were those same ones originally awarded to A TAXI, then. ' Possibly more accurately, they were first awarded to A TAXI at the time of the first ANAHEIM taxicab franchise which commenced on February 14, 2002. The other franchisees were YELLOW CAB, for 130 permits, and CABCO, for its 50 permits. As this Court has been made aware, CABCO only squeaked into the franchise at the last minute. With its lackluster "70" RFP score, CABCO was not slated to receive a single franchise sticker. It snatched victory from the jaws of defeat as a substitute for AMERICAN LIVERY, INC. dba AMERICAN TAXI, which would have been the third franchisee with 50 permits, but for its going out of business in the wake of 9/11, a catastrophic event for taxicabs holding airport contracts (it then held the John Wayne Airport Concession Contract.) The 2002 franchises were for a 5 -year term, with 5 "rolling" one-year extensions, requiring each company to request an additional year's extension, at the conclusion of each year. None of the companies got this exactly right; and A TAXI got it the "least right." Thus staggered renewal requests began in 2007, when A TAXI's 50 permits went up for bid under a new RFP. The City Council chose to solve this inconsistency by consolidating the timing of all of the RFPs so that they would all expire together in 2012. In so doing it changed the franchise periods to 10 -years for the reasons stated above. In 2008 ANAHEIM kept the same number of franchises per franchisee, but threw in another 25 franchise stickers to YELLOW CAB for good measure, increasing the total number of outstanding permits from 230 to 255. AM. GROUND TRANSPORTATION v. ANAHEIM 3 MOT. FOR IMMEDIATE FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 But CABCO filed a REQUEST FOR REHEARING pertaining in particular to A TAXI's award. The Request was granted and a Rehearing took place in August 2012, whereafter the franchise distribution among the three companies remained the same - 155 to YELLOW CAB, 50 to CABCO, and 50 to A TAXI. The Fourth Cause of Action of AGT's First Amended Complaint in relevant part challenged the propriety of the August 2012 Rehearing, and the Trial Court agreed that it had been improperly done, by its MINUTE ORDER directing a "Rehearing" of that Rehearing. But in the interim between the hearing on which the MINUTE ORDER was made, and the time that it was issued, A TAXI went out of business. ANAHEIM did another short-cut. Since A TAXI had surrendered its franchise, under Anaheim Municipal Code ("AM(") section 4.73.045.03 0(111) ANAHEIM was required to, but did not, conduct a full RFP for those same 50 permits. AGT cried foul and moved the trial court for an order allowing it to supplement or augment the record, and ultimately the trial court granted it leave to file a Supplemental Complaint. AGT did so, adding this new challenge as its Seventh Cause of Action Writ. But the Trial Court found against AGT on this Writ, and in the end, dismissed the action, entering Judgment against AGT. On Appeal, the COA expressly found that ANAHEIM's conduct of a Rehearing was unauthorized and unlawful (OPINION pages 16-19,) and that AGT was correct: ANAHEIM had to issue a new RFP "for those 50 taxicab permits" (OPINION at p. 26 (emph. added).) This brings the case posture, roughly, to current. THEY SAY THAT HISTORY REPEATS ITSELF. At least in a litigation context, nowhere is it more apparent than in this case, where CARCO continued to 'jump the gun " to use A TAXI's franchises both BEFORE that was authorized in 2016, and AFTER it WAS NO LONGER authorized, to do so in 2020. Ditto for YELLOW CAB. Even today history repeats itself with ANAHEIM allowing CABCO to sneak in through the back door, what it could not sneak in, through the front door. AM. GROUND TRANSPORTATION v. ANAHEIM 4 MOT. FOR IMMEDIATE FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGT is informed and believes that in April and May 2016, when A TAXI went out of business, both YELLOW CAB and CABCO, with the knowledge and perhaps the cooperation of ANAHEIM, just "divvied up" A TAXI's 50 permits, taking 25 each and operating with them immediately.' Then when in October 2016 ANAHEIM was directed by the Trial Court to "re -hear" the August 2012 Rehearing, even though AGT had submitted a fully -compliant and competitive RFP Application and its scoring increased in comparison with all the other contenders (all of whose scores, decreased.) ANAHEIM didn't change a thing. Conveniently, it awarded CABCO and YELLOW CAB an additional 25 permits each - splitting the number of A TAXI's permits right down the middle. This was a good thing for CABCO and YELLOW CAB, since it saved them the hassle of having to "process" the return of the A TAXI permits they had already been using since the Spring of that year! It was just business as usual. Nothing changed in YELLOW CAB's and CABCO's operations between the Spring of 2016 and October of 2016, when the actual extra 25 -permit "award" was made to each of them. Fast -forward to October 31, 2019, the date of the COA's OPINION, ordering ANAHEIM to conduct a new RFP for those 50 A TAXI permits. Again, nothing happened. It was business as usual for CABCO and YELLOW CAB: they continued to operate with their regular number of franchise awards, plus half of the A TAXI 50 permits. Neither company gave them back, nor did ANAHEIM invalidate them. Any question about the need for ANAHEIM to comply with the OPINION in light of the interim Appeal evaporated on February 14, 2020, the date that the REMITTITUR was issued. At least a month passed between then and the Governor's issuance of the Stay - At -Home Administrative Orders in mid-March: still, ANAHEIM took no action whatsoever to begin the process to take away CABCO's and YELLOW CAB's 50 A TAXI permits, which CABCO and YELLOW CAB continued to use. 4 AGT's attempts to be able to conduct "targeted, limited discovery," such as the taking of the Deposition of ANAHEIM "Staff' Manager Sandra Sagert, were disallowed by the Trial Court, so AGT has not yet been able to prove this. AM. GROUND TRANSPORTATION v. ANAHEIM 5 MOT. FOR IMMEDIATE FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In fact, the only reason that YELLOW CAB stopped using A TAXI's permits in May 2020, was that it went out of business altogether. To date, ANAHEIM has offered no evidence whatsoever that CABCO was ever required to surrender its 25 A TAXI permits. As explained by KONSTANTINOS RODITIS in his DECLARATION, he submitted a PRR to ANAHEIM on July 17'h seeking such proof, for which (although a response was statutorily required within ten days,) has not been forthcoming. Possibly it is a situation in which CABCO did pay lip service to "surrendering" its 25 A TAXI permits, but even if so, AGT has proof positive that CABCO is now operating with many permits in excess of its 50 allotted ones: photographs of many "CABCO" vehicles now picking up fares in ANAHEIM using YELLOW CAB's ANAHEIMpermits (Please see the concurrently -submitted SAVVAS RODITIS DECLARATION and its Exhibits.) This is not a "no harm, no foul" situation. There is no way that this could be lawful and appropriate. CABCO now has only an ANAHEIM franchise for 505 permits. It doesn't get to "inherit" YELLOW CAB's franchises when it went out of business, since the franchises are non -transferable (AMC 4.73.120.) Besides, the franchises have to go out for public bid among all of the interested and qualified taxicab companies - each of which gets to compete for them (AMC 4.73.045.030(iii).) Besides (again,) these YELLOW CAB franchises are purportedly already the subject of ANAHEIM's latest RFP: the one for which it submitted its July 15, 2020 RFP. The common factor here is that "[A]11 roads lead to Rome," where the "roads" represent the procedural vehicles ANAHEIM uses, and "Rome" represents the destination of having the incumbent franchisees always come out on top with as many franchises as they want, to the utter exclusion of AGT (and its predecessor.) s Per the RFP and franchise and their allowances for fluctuations in peak or low period usage, this number can increase or decrease by 15% (RFP page 5 - GENERAL FRANCHISE REQUIREMENTS.) Thus a 50 -cab franchise can actually allow for up to 58 stickers. This regular "overage" is not what is being challenged here. AM. GROUND TRANSPORTATION v. ANAHEIM 6 MOT. FOR IMMEDIATE FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. ANAHEIM'S MOST RECENT SHENANIGANS PROVIDE SUFFICIENT PROOF OF "ACTUAL BIAS" AS DESCRIBED IN THE OPINION, TO ALLOW THIS COURT DISCRETION TO DIRECTLYA WARD AGT THE 50 PERMITS THAT ARE THE SUBJECT OF THE ORDERED RFP. This Court opined at the June 25, 2020 Hearing, words to the effect that it was clear that the COA wanted AGT to be operating in ANAHEIM. The Court is also appropriately wanting to comply with the letter and spirit of the Order of the OPINION. With these most recent developments and evidence, the Court can do so by making an immediate award of 50 taxicab franchises to AGT. It is noteworthy that the COA in no way limited the sort of "bias" that AGT could assert "in future proceedings" (OPINION at pg. 22) other than to say that it should be "supported by concrete facts and not baseless allegations" Ibid.' Here then are those concrete facts: (1) ANAHEIM refused to implement the Order of the OPINION until forced to do so by this Court, allowing both CABCO and YELLOW CAB to continue to use the aggregate 50 franchises rather than terminating them; (2) When ANAHEIM finally "complied" by issuing its July 15, 2020 RFP, it included provisions that realistically emasculated any advantage that AGT could possibly have gained from it, including proposing a total of 180 (rather than the COA-Ordered 50) franchise stickers; foreshortening the term of the franchise; and applying no -longer tenable vehicle age limitations; (3) ANAHEIM still has failed to require CABCO to turn in its no -longer authorized 25 franchises; (4) ANAHEIM now allows CABCO to use YELLOW CAB's Importantly, the COA's rejection of AGT's "bias" claim was extremely narrow. The COA found that in order for AGT to have preserved its bias claim, it literally had to itselfhave presented and argued specific detailed facts before the Anaheim City Council, proving that particular City Councilpersons and/or members of the Taxicab Advisory Committee ("TAC") were biased against AGT (OPINION at pp. 19-22.) Here, in contrast, AGT has established that even outside of a City Council hearing or TAC proceeding, ANAHEIM' continued refusal to act in a way that would comply with and further the letter and spirit of the Order in the OPINION, instead delaying taking any action to comply whatsoever, and then finding a way to twist and manipulate the situation so as to favor the continued operation of CABCO (and to possibly assist any other taxicab operator that might wish to operate in the City,) constitutes sufficient evidence of bias. AM. GROUND TRANSPORTATION v. ANAHEIM 7 MOT. FOR IMMEDIATE FRANCHISE AWARD 1 (supposedly terminated and surrendered) franchises in addition to CABCO's own 2 franchise stickers; and (5) ANAHEIM allows CABCO to operate taxicabs (its own, and 3 former YELLOW CAB taxis) that do not even meet the model year limitations, and some 4 of which do not even bear current franchise stickers. 5 Case law supports findings of municipal impropriety. In a building permit 6 case, Ogo Assoc's v. City of v. City of Torrance (1974), 37 Ca1.App.3d at p. 834 the Court 7 found that it could override the City's actions where "[T]he evidence is overwhelming 8 that the city council rezoned the Victor Precinct area because appellants planned to build 9 their project there" (emph. added.) Likewise in G & D Holland Construction Co. v. City 10 of Marysville (1970), 12 Ca1.App.3d 989, an appellate court reversed a grant of summary 11 judgment where the city's actions represented a discriminatory exercise of legislative 12 power..." (at p. 996.) In Cohan v. City of Thousand Oaks (1994), 30 Ca1.App.,4th 547, (a 13 procedurally similar case in that the plaintiff had pursued a municipal permit for close to 14 15 years,) bias was found in the fact that the city had broken its own laws. Here evidence 15 has been presented that ANAHEIM has broken its own laws too: in (per the OPINION) 16 failing to conduct the required RFP in 2016; in allowing both CABCO and YELLOW 17 CAB to continue to use the 50 A TAXI franchise permits even after the OPINION 18 became final; and now, in allowing CABCO to operate under YELLOW CAB's 19 (supposedly terminated and surrendered) franchises, often using taxicabs that exceed the 20 maximum model year limitation of the franchise. 21 Several subparts of C. C.P. section 128(a) give this Court plenary power to 22 grant the Orders requested in this Motion. In this Court's TENTATIVE RULING for the 23 June 25, 2020 hearing that was the genesis of the within Motion, the Court noted that 24 ANAHEIM should submit a copy of its RFP and/or be ready to answer for why this had 25 not yet been accomplished. Further proceedings followed suit. 26 Subparts -(1), -(2), and -(3) of C. C.P. section 128(a) all grant this Court the 27 authority to "preserve and enforce order" both "in its immediate presence" and "in the 28 proceedings before it" (and others,) and to "provide for the orderly conduct of AM. GROUND TRANSPORTATION v. ANAHEIM 8 MOT. FOR IMMEDIATE FRANCHISE AWARD 1 proceedings before it...". Perhaps most relevant now is subpart -(4), which grants this 2 Court power "[T]o compel obedience to its judgments, orders, and process, and to the 3 orders of a judge out of court, in an action or proceeding pending therein" (emph. 4 added.) The final phrase of this statute can relate to the Justices at the COA in their 5 OPINION Order, to which ANAHEIM has not been obedient. In fact, its delays and 6 omissions have effectively thwarted the intention of the COA in its OPINION. 8 IV. THE COURT ALSO HAS THE DISCRETION TO MODIFY UNTENABLE 9 PROVISIONS OF THE NEWLY -ISSUED RFP TO MAKE COMPLIANCE WITH IT 10 FEASIBLE, IN ORDER TO COMPORT WITH THE INTENT OF THE COA OPINION. 11 The July 15, 2020 RFP no longer "works" for the reasons stated throughout 12 this Motion. First and foremost, it is unnecessary: due to ANAHEIM's blatant display of 13 bias in these proceedings, the 50 franchise award should go directly to AGT without a 14 competitive bidding process. And even if this Court finds that an RFP is still necessary, 15 in order to comply with the Order in the OPINION it must be ONLY for 50 A TAXI 16 permits traceable back to the 2012 franchise awards. 17 Next, the proposed two-year franchise period should be extended to the 18 usual and customary ten-year period. Nothing that ANAHEIM can say can justify such a 19 short franchise period. AGT predicts that ANAHEIM will argue that the term should be 20 limited to the remainder of the original franchise granted in 2012, but the OPINION said 21 no such thing. Such a limitation would also force an untenable result and be 22 fundamentally unfair to AGT. There have been relevant important things that have 23 changed since ANAHEIM's last taxicab RFP (back in 2012) on both a State and local 24 level. TNCs began operating in Anaheim in direct competition to taxicabs. Next, Cal. 25 Govt. Code sections 53075.51 et sem. were enacted as a codification of AB 1069, 26 throwing ANAHEIM's very ability to continue operations under its taxi franchise system 27 into question. Just a few months back, the COVID-19 pandemic hit, throwing almost all 28 regular business endeavors (including local taxicab business) into disarray and AM. GROUND TRANSPORTATION v. ANAHEIM 9 MOT. FOR IMMEDIATE FRANCHISE AWARD 1 uncertainty. And most recently of all, YELLOW CAB went out of business, "throwing" 2 its (legitimate) 155 franchise stickers back into the marketplace. 3 In addition to C. C.P. section 128, this Court is also graced with discretion 4 to "amend the proceedings" under C.C.P. section 473(a)(1). That statute provides in 5 salient part that "The court may likewise, in its discretion, after notice to the adverse 6 party, allow, upon any terms as may be just, an amendment to any... proceeding...". The 7 amendment proposed in this Motion - to wit, to amend the 5-year vehicle model-year 8 limitation to 10-years in order to comply with AB 1069 and the universal Orange County 9 OCTAP requirements, is necessary and appropriate in order for the franchise to even be 10 tenable under the present conditions. 11 12 V. CONCL USION. 13 Based upon all of the foregoing, on the concurrently-submitted 14 DECLARATIONS, and such other documents as may be presented upon RJN, in addition 15 to the oral arguments of counsel, it is respectfully requested that this Court grant this 16 Motion in its entirety, Ordering ANAHEIM to award AGT the subject 50 taxicab 17 franchises forthwith for a ten-year period, and that this Court modify the proposed 18 Vehicle Requirements (as stated in Section 2 (at page 7) of ANAHEIM's related RFP) so 19 as to allow AGT to comply with AB 1069 and OCTAP Vehicle Requirements standards;) 20 or that this Court otherwise modify the RFP award for AGT to make compliance with it 21 feasible; or that this Court grant such other or further relief as it deems just and proper. 22 23 RESPECTFULLY SUBMITTED, 24 CAZZELL & ASSOCIATES, ATTORNEYS 25 /S/ Maryann Cazzell 26 DATED: July 28, 2020 By: M RY NN CAZZELL, E 27 Attorneys for Plaintiff AMERICAN GROUND TRANSPORTATION, INC. 28 AM. GROUND TRANSPORTATION v. ANAHEIM 10 MOT. FOR IMMEDIATE FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 505 N. Tustin Ave., Ste. 276, Santa Ana, California 92705. On July 29, 2020 I caused the foregoing document(s) described as: NOTICE OF MOTION AND MOTION OF PLAINTIFF AMERICAN GROUND TRANSPORTATION, INC. FOR AN IMMEDIATE AWARD OF FIFTY TAXICAB FRANCHISES UPON SHOWING OF ACTUAL BIAS ON THE PART OF ANAHEIM, PURSUANT TO OCTOBER 31, 2019 COURT OF APPEAL OPINION IN CASE 9G055501; MEMORANDUM IN SUPPORT THEREOF; AND DECLARATION OF SAVVAS RODITIS (submitted and served separately and concurrently); and DECLARATION OF KONSTANTINOS RODITIS (submitted and served separately and concurrently) to be served on the interested party in this action as follows: XX by causing a true and correct copy of the same to be personally delivered to the office of the following recipient: MOSES W. JOHNSON, IV, ESQ. ASSISTANT CITY ATTORNEY CITY OF ANAHEIM 200 W. Anaheim Blvd., Ste. 356 Anaheim, CA 92805 miohnsonkanaheim.net AND - (Attorney for Defendant and Responding Party THE CITY OF ANAHEIM) _XX_ By serving the counsel identified hereinbelow electronically through service effected by ONE LEGAL at the electronic mail address on file with this Court, concurrently with the filing of the above document, with confirmation of electronic service; AND ALSO directly sending a copy thereof via email to the email address below, this date: Executed on July 29, 2020 at Santa Ana, California. xx (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. /S/ Maryann Cazzell MARYANN CAZZELL AM. GROUND TRANSPORTATION v. ANAHEIM 11 MOT. FOR IMMEDIATE FRANCHISE AWARD � -r � r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electronically Filed by Superior Court of California, County of Orange, 08/13/2020 06:27:00 PM. 13-00688977-CU-MC-CJC - ROA # 445 - DAVID H. YAMASAKI, Clerk of the Court By e Clerk, Deputy C CAZZELL & ASSOCIATES, ATTORNEYS MARYANN CAZZELL, ESQ. (Bar #128780) 505 N. Tustin Ave., Ste. 276 Santa Ana, California 92705 Telephone: 714/558-1772 Telefax: 714/558-1883 cazzellkmsn.com Attorneys for Plaintiff/Moving party AMERICAN GROUND TRANSPORTATION, INC., a California Corporation, doing business as 24/7 Taxi Cab SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF ORANGE CENTRAL DISTRICT CENTER, UNLIMITED AMERICAN GROUND TRANSPORTATION, INC., A California Corporation, doing business as 24/7 Taxi Cab, Plaintiff, vs. THE CITY OF ANAHEIM, DOES 1 THROUGH 100, Defendants. AM. GROUND TRANSPORTATION v. ANAHEIM CASE NO.: 30-2013-00688977-CU- MC-CJC [REASSIGNED FOR ALL PURPOSES TO THE HON. GLENN R. SALTER, DEPT. C-22] MEMORANDUM OF PLAINTIFF AMERICAN GROUND TRANSPORTATION, INC. IN REPLY TO OPPOSITION TO MOTION FOR AN IMMEDIATE AWARD OF FIFTY TAXICAB FRANCHISES UPON SHOWING OF ACTUAL BIAS ON THE PART OF ANAHEIM, PURSUANT TO OCTOBER 31, 2019 COURT OF APPEAL OPINION IN CASE #G055501 [DECLARATIONS OF SAVVAS RODITIS, KONSTANTINOS RODITIS, AND MARYANN CAZZELL; REQUEST FOR JUDICIAL NOTICE; AND OBJECTIONS TO EVIDENCE SUBMITTED SEPARATELY AND CONCURRENTLY] HEARING DATE: 8/20/2020 TIME: 9:30 a.m. DEPT.: C-22 REMITTITUR ISSUANCE DATE: 2/14/2020 COMPLT. FIL'G DATE: 11/21/13 TRIAL DATE: NONE REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 TO THIS HONORABLE COURT, TO DEFENDANT/RESPONDING PARTY 2 THE CITY OF ANAHEIM ("ANAHEIM") AND TO MOSES W. JOHNSON, IV., 3 ASSISTANT CITY ATTORNEY, ITS COUNSEL OF RECORD HEREIN, AND TO 4 ALL OTHER INTERESTED PARTIES AND THEIR COUNSEL: 5 6 COMES NOT PLAINTIFF/MOVING PARTY AMERICAN GROUND 7 TRANSPORTATION, INC. (hereinafter "AGT") and does herewith submit the following 8 REPLY to ANAHEIM's OPPOSITION to AGT's MOTION FOR AN IMMEDIATE 9 AWARD OF FIFTY TAXICAB FRANCHISES UPON SHOWING OF ACTUAL BIAS lo ON THE PART OF ANAHEIM, PURSUANT TO OCTOBER 31, 2019 COURT OF 11 APPEAL OPINION IN CASE #G055501 and/or related relief, currently set to be heard 12 on August 20, 2020, at 9:30 a.m. (By Court Call Appearance) in Dept. C-22 of the above - 13 captioned Court. 14 15 RESPECTFULLY SUBMITTED, CAZZELL & ASSOCIATES, ATTORNEYS 16 17 /S/ Maryann Cazzell 18 DATED: August 14, 2020 By: 19 MARYANN CAZZELL, ESQ. Attorneys for Plaintiff/Moving Party 20 AMERICAN GROUND TRANSPORTATION, INC. 21 22 23 24 25 26 27 28 AM. GROUND TRANSPORTATION v. ANAHEIM ii REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM 1. SUMMARY OF ARGUMENT: ANAHEIM's OPPOSITION says many things, but it does not say: 1) THAT it cannot perform the relief sought in the Motion; and 2) WHY it should not perform the relief sought in the Motion. Instead, in flagrant disregard for both this Court and the Court of Appeal ("COA") and their processes, ANAHEIM "doubles -down" on its insistence that it has its franchise ordinance (Anaheim Municipal Code ("AM(") Chapter 4.73) and that its timing and procedures take precedence; that it has discretion with which no one, including any Court, should interfere; and that as to compliance with the COA's October 31, 2019 ORDER, well, it will "get around to it when it gets around to it," and oh, by the way, it can interpret its duty of compliance however it deems appropriate and convenient for it. When confronted by the MOTION'S solid evidence that just last month, in July 2020, CABCO (the last Anaheim taxicab franchisee now standing,) has been using the Anaheim Franchise stickers still affixed to defunct franchisee YELLOW CAB's taxicabs, to pick up Anaheim taxi fares, ANAHEIM feigns ignorance rather than taking action to terminate CABCO's franchise (although it has in the past taken immediate action to terminate another company's franchise for far lesser offenses.) Rather than prosecuting CABCO for a misdemeanor under AMC 4.73.170 for operating cabs in its City without a franchise, ANAHEIM has embraced this illegal activity. Rather than requiring YELLOW CAB / CABCO to surrender the cabs bearing forfeited Anaheim franchise stickers to be literally scraped off (as ANAHEIM did for SCC's Court -Ordered permits (SAVVAS RODITIS ("SAVVAS") DECLARATION, paras. 3&4,) it capitulated in a clandestine transfer of those cabs complete with franchise stickers to CABCO. Throughout these proceedings on remand (and likely beforehand,) the favoritism that ANAHEIM has shown to CABCO defies belief. When confronted with 1 See CAZZELL DECLARATION, paras. 4-6 and Exhibits "A" & "B" thereof, and REQUEST FOR JUDICIAL NOTICE ("RJN") Exhibit "A" (referring to "A TAXI.") AM. GROUND TRANSPORTATION v. ANAHEIM 1 REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 clear written evidence that CABCO is operating franchised cabs in the City that grossly exceed the allowable vehicle model year limitation, ANAHEIM argues a tortured interpretation of that limitation to try to shoehorn CABCO's acts into the "OK zone," a construct that is any case overcome by the written requirements of ANAHEIM's own REQUEST FOR PROPOSAL ("RFP") ADDENDUM (from 2012) which detailed the calculation of the latest model year acceptable (see the KONSTANTINOS RODITIS ("KONSTANTINOS") DECLARATION, paras.4-6 and its EXHIBIT "A", at p.2, Sec. 8.) Although ANAHEIM admits that the COA ORDERED it to issue an RFP for "those fifty permits,") (OPPOSITION MEMORANDUM ("OPPO,") page 1 lines 2-4 (p.1:2-4),) it persists to insist that this Court "bless" its substitute initiation of an RFP for 205 permits, also claiming that there is no need for its traditional expert taxicab study on how many cabs are needed now (see paras. 8&9 of the SAGERT DECLARATION,) using only objectionable "evidence" to do so (addressed, a time permits, in the concurrently -submitted OBJECTIONS TO EVIDENCE.) Indeed, there is something inherently wrong in the fact that almost all of the factual evidence submitted in the opposition paperwork came from SAGERT, the witness whom AGT's repeated attempts to depose were rejected by both the Trial Court and the COA in response to ANAHEIM's strenuous objections.) There is even more than inherently wrong in SAGERT's statement at page 2 lines 27-28 of her DECLARATION made under penalty of perjury, that: "...-on July 15, 2020, the City issued an RFP for the 50 permits to abide by the Court's order and while preparing the RFP another company went out of business..." (emph. added.) WHAT? YELLOW CAB went out of business on May 31, 2020, as ANAHEIM is well aware. The parties and this Court are also well -aware that ANAHEIM, by its counsels;s own admission in "Open Court," did not even start working on the RFP until JULY 2020! SAGERT's statement is a blatant falsehood, which casts complete doubt on her veracity. What is clear is that ANAHEIM will fight AGT's MOTION at all costs, because once AGT, after twelve years of attempts, is able to operate in the City, it will do AM. GROUND TRANSPORTATION v. ANAHEIM 2 REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 an excellent job, and ANAHEIM fears that AGT will then (legitimately) seek an award of damages and fees for prevailing on its Writ claims, twice. But there is no need for the litigants to get ahead of themselves: the case will progress; and the chips "will fall.." It is far more important not cater to ANAHEIM's desperate attempt to avoid justified relief now sought, just because it has painted itself into the proverbial corner. �AHEIM's track record has proven that it will never willingly grant AGT a franchise; d it has gone through great efforts to perpetuate that goal. First, it put off doing ything to comply with the COA ORDER, all the while allowing CABCO to take over YELLOW CAB taxicabs AND their franchises in violation of AMC 4.73.120 iting franchise alienation (in particular franchise transfers.) Next ANAHEIM the issuance of the RFP until this Court mandated it. Then ANAHEIM "mixed" 50 -franchise RFP required by the COA with, and rolled it into, a re -issuance of a total 205 franchises. These tactics are perhaps not surprising given that ANAHEIM is y disincentivized to conduct a "fair" RFP for "those 50 permits" as ORDERED the COA; because, what if AGT should win? Then ANAHEIM will then have to in damages and fees. Better to have a larger RFP, where ANAHEIM can more ily manipulate things and possibly even dodge the radar in so doing. If ANAHEIM has anything, it is its desire to litigate against AGT (paying for it with taxpayer ,) "until the cows come home." This Court has discretion to short-circuit that ill - path by granting the relief sought in AGT's MOTION. 2. ANAHEIMHAS OFFERED NO EVIDENCE, NOR REASONABLE ARGUMENT, FOR WHY THE RELIEF SO UGHT IN THE MOTION SHOULD NOT BE GRANTED (OTHER THAN THAT IT DOESN'T HAVE TO DO WHAT THE COURT SAYS IT MUST DO.) AGT expected argument in the OPPO for why this Court did not have the thority or discretion to grant AGT's Motion, but found none. Instead, ANAHEIM actually floated this argument at OPPO, p.5:24-25: "It should be noted that the Appellate Court did not order when the City was required to issue the RFP" (emph. added.) AM. GROUND TRANSPORTATION v. ANAHEIM 3 REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 The argument which followed pointed out that "[T]he first Status 2 Conference was held on June 25, 2020" (OPPO p.6:2.) In other words, ANAHEIM didn't 3 have to actually do anything until AFTER this Court told it to. 4 ANAHEIM then segued into its Section III, pertaining to its REQUEST 5 FOR JUDICIAL NOTICE of AMC Chapter 4.73 (the taxicab franchise Chapter) (OPPO 6 pp.6:3-7:4.) In other words, this is the "law" that ANAHEIM made, and this is what it 7 will follow regardless of what any Court should order. Not to put too fine a point on it, 8 ANAHEIM sealed this argument by explaining that this Court had no business meddling 9 in its administration, citing to the cases of Ctr. for Biological Diversity v. Dep't of 10 Conservation (2018), 26 Cal.App.5th 161 and State Comp. Ins. Fund v. Workers' Comp. 11 Appeals Bd. (2016), 248 Cal.AppAth 349 for why ANAHEIM could not be compelled to 12 exercise its discretion in any "particular manner;" and that the Court could not "mandate" 13 the "award of a contract," since a public entity's award of it is "legislative in nature" 14 (citing to Mike Moore's 24 -Hour Towing v. City of San Diego (1996), 45 Cal.App.4 h 15 1294,) such that "...[T]he Plaintiff is not entitled to a court order mandating that the City 16 immediately grant them a taxicab franchise" (OPPO. p.7:27-8:11.) That's it. AGT's tenet 17 that C. C.P. section 128(a)(1), -(2), -(3), and -(4) all grant this Court the authority and 18 discretion to grant the relief sought by the MOTION, stands unchallenged. 19 3. ANAHEIM'S ONGOING DELA YS IN IMPLEMENTING THE COA 'S ORDER 20 CONTINUE TO WORK TO AGT'S SUBSTANTIAL PREJUDICE IN THE FORM OF 21 LOST INCOME AND B USINESS OPPORTUNITY. 22 Were this a taxicab franchise of ANAHEIM's standard ten-year term, the 23 resulting damage from the delay in implementation would be relatively small (as a 24 percentage of time compared to the total franchise period.) But ANAHEIM has refused to 25 issue the COA-Ordered 50 sticker franchise for ten years: thus, the inclusion of the request 26 to increase the franchise period to ten years among the relief requested in the MOTION. 27 28 2 Regardless, the "franchise" is not a "contract." AM. GROUND TRANSPORTATION v. ANAHEIM 4 REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 2 3 4 5 6 7 8 9 10 11 AGT has "done the math" to see how ANAHEIM's ongoing delays have orked to its substantial prejudice, and the results are significant. ANAHEIM's planned will only be effective through 5/15/2022. Assuming that there are no delays in AHEIM's planned award process outlined in its RFP, it will commence on 9/29/2020, a total of only 593 operating days. The following time/percentage calculations made by using the 76 -day spread that ANAHEIM used in its own RFP, between the e when the RFP was first issued, and the franchises are actually awarded: If AHEIM had issued the RFP on 2/15/2020, the day following the 2/14/2020 AGT could have operated for 745 days. Thus ANAHEIM's delays ved AGT of about twenty percent (2001o) of its profits and economic advantage.' ANAHEIM's argument that the franchise should only be issued for the 12 11remaining period from now until the completion of the originally -issued 2012 franchise, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 doesn't work" for the COA's ORDER. At no point in its OPINION did the COA limit its -RFP issuance to less than two years. Nor would it make sense for the COA to ve done this, since it obviously did not intend to make a ruling that would eviscerate GT's success. It might be appropriate to limit any upcoming separate RFP for W CAB's own surrendered permits, to that less than two-year period, however, for , which has enjoyed the benefits of the franchise continuously since 2012 . THE OPPOSITION ONLY SHOWCASES MORE BIAS IN ANAHEIM'S FLIPPANT PROACH TO REGULATING CABCO'S FRANCHISE OPERATIONS (OR NOT,) PECIALLYAS COMPARED TO ITS TREATMENT OF OTHER OPERATORS. (A) Improper "counting" of acceptable model year taxicabs: In response to the moving DECLARATIONS OF SAWAS and NSTANTINOS, ANAHEIM, through Declarant SAGERT, argues that CABCO cabs ' An argument can be made that ANAHEIM should have issued the RFP on 11/1/2019, the day after the COA OPINION was filed, since ANAHEIM never appealed the decision. If the RFP had been issued then, the franchise would have taken effect on 1/15/2020 and would have allowed 866 operation days. Under this calculation ANAHEIM's delay deprived AGT of up to thirty-two percent (32%) of its time, profit, and economic advantage. AM. GROUND TRANSPORTATION v. ANAHEIM 5 REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 11as old as 2014 meet the franchise's five-year age limitation! (SAGERT DECLARATION 2 paras. 12, 20, 21.) To reach this erroneous conclusion, SAGERT applies the old mistake 3 in arithmetic that to figure out how many copies are made, one can subtract the number of 4 pages printed from the total: as in, if you have a 2020 -page -long document and you print 5 pages 2015 through 2020, you've printed 5 pages (2020 - 2015.) WRONG: you've 6 printed 6 pages (2015, 2016, 2017, 2018, 2019, & 2020.) So, even excluding the 2020 7 model year (a typical and in fact legal method of calculation for the "last day to perform an 8 11act" per C. C.P. section 12c(a), - one excludes the last date (2020) and counts back the 9 11specified number -) the oldest year standard cab now allowed, is 2015 (subject to the very 10 limited exception in the following paragraph.) 11 An ADDENDUM to the existing franchise does add an allowance, but it is 12 of only three months (from January 1 - April 1" of each year.) This is described in detail 13 in the KONSTANTINOS DECLARATION at paras. 5&6 and in EXHIBIT "A" thereto - 14 the RFP ADDENDUM. Perhaps SAGERT had this in mind when she boldly claimed that 15 112014 cabs were franchise -legal; but she didn't review her own paperwork. Such 2014 16 11 franchise cabs ceased to be legal on April 2, 2020 -four and a half months ago. To make 17 11matters worse, SAGERT claimed that all 2014 franchise cabs were valid all the way 18 through the end of 2013! (SAGERT DECLARATION paras. 12, 20, & 21.) But 2015 is 19 absolutely cut-off now, and the analysis set forth in para. 7 of the KONSTANTINOS 20 DECLARATION concluded that the 2020 Roster of CABCO vehicles ANAHEIM 21 supplied, showed that CARCO had 53 2014 and older cabs. Also reprehensible is 22 ANAHEIM's lack of enforcement of CABCO's repeated violations of the franchise laws 23 11(even after called them to its attention!) SAGERT admits to CABCO's violations, but 24 11instead of doing anything about it says things in her DECLARATION such as, CABCO's 2 5 11taxi was "[E]xpired and working with Cabco on replacing taxi," (para. 12;) "Staff is 2 6 following up with Cabco ... regarding the removal of those taxi franchise stickers" (para. 2 7 13;) "...staff is following up..." (paras. 14, 15, 16, 17 & 18.) In other words, "CABCO, 2 8 you shouldn't be doing that." (Nudge Nudge, Wink Wink.) AM. GROUND TRANSPORTATION v. ANAHEIM 6 REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 2 3 4 5 6 (B) Improper failure to take action to terminate CABCO's franchise due to its flagrant disregard for the requirements. ANAHEIM also argues that it was "...unaware that those taxis being operated by CABCO" (SAGERT DECLARATION para. 12;) and that from of the photos presented with the moving paperwork there was no evidence that a fare being picked up and one cannot tell "who was driving the vehicle;..." Loc. Cit., paras. 7 1114-18. As to "who was driving the vehicle," the photos are self -authenticating in that they E3 j1depict CABCO's trade dress on the doors, as in "Operated by California Yellow Cab" (see 9 11the SAVVAS DECLARATION supporting the Motion.) As to the argument about the 10 vehicle perhaps not "picking up" a fare in Anaheim (even if true,) that misses the point: 11 YELLOW CAB was out of business. Its ANAHEIM franchise was gone. There vehicles 12 still bore the franchise stickers. ANAHEIM should have, but did not, require YELLOW 13 CAB and CABCO to have them scraped off, the way it required SCC to immediately have 14 its permits scraped off when its operating rights were terminated. End of story. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANAHEIM doesn't practice what it preaches. At p.9 of its OPPO it touts is "police powers" to regulate its taxi business under O'Connor v. Sup. Ct. (1979) 90 .App.3d 107, but then does no regulation of CABCO. It could (and should) have enforcement and termination actions against CABCO as authorized under AMC 73.030.010, -.100,.170, -.200, as it did against A TAXI (see argument inra.) Instead, of ANAHEIM's pro-CABCO bias is evident in the sympathetic tone that SAGERT in the letter she sent about terminating its (A TAXI'S) 25 franchises, starting with "It is with regret, that we inform you..." (p.2 of SAGERT Exhibit "C.") Why should ANAHEIM "regret" anything in informing CABCO that the jig was up; that the COA had seen through the improprieties of CABCO getting those 25 permits in the first place? (C) ANAHEIM's grossly disparate treatment of its taxicab franchisees: THE A TAXI STUDY. If the above sub -sections seem to treat CABCO's failure to comply with the harshly (after all, maybe it was all just a mistake,) the Court need look no further AM. GROUND TRANSPORTATION v. ANAHEIM 7 REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 what happened with the "third" franchisee, A WHITE AND YELLOW CAB, INC, ba "A TAXI" to find evidence of the intentionality of ANAHEIM's acts and omissions �sulting in disparate treatment. After all, A TAXI's 50 franchise permits, (re-) awarded in lay 2012, and eventually (re -)issued after the REQUEST FOR REHEARING submitted t CABCO in June 2012, lead to the August 2012 ANAHEIM "Rehearing" at issue in GT's Fourth and Seventh Cause of Action in the Trial Court in this case. These are the ill-fated So permits that are still being fought over today. The "Powers -That -Be" at ANAHEIM didn't want A TAXI to get that 50 award; or at least, once they were awarded, ANAHEIM did everything it could to them back from A TAXI. As all of the parties and counsel to this action are aware, GT's counsel knows these facts intimately because she and her firm represented A TAXI 2012 through 2016 throughout these proceedings.' These facts are attested to in it in the accompanying CAZZELL DECLARATION, supported by evidence attached thereto, and/or in the concurrent RJN. (i) ANAHEIM'S attempts to kick A TAXI out through the ploy of CABCO's Request for a Rehearing As also explained by CAZZELL, the same SAGERT who informed "with regret" that the 25 permits it had stolen from AGT in the first place had to returned, had no qualms whatsoever in taking A TAXI's 50 permits away from it imply because CABCO had filed a (deficient and untimely) REQUEST FOR ; and under SAGERT's rigid interpretation of AMC 1.12.100.090, A TAXI's award was "completely voided" and A TAXI was out on its ear. And, less than a later, this same SAGERT refused to agree to a voluntary stay of the enforcement of edict so that A TAXI could have a fair shake to challenge it in Court. This caused in A 4 Due to the specialization needed to practice in this area of law, and the somewhat incestuous nature of the taxi industry, there is some overlap of representation. All of this was done with full knowledge on the parts of all clients, and with written disclosures and waivers. Counsel has at other times represented A TAXI on other matters. During the pendency of this case from 2012 to 2016, AGT was represented by Attorney WILLIAM KENNON. AM. GROUND TRANSPORTATION v. ANAHEIM 8 REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 TAXI to have to rush to file an action and run into Court for a Temporary Restraining 2 Order to restrain such activity; which, fortuitously, was granted. 3 (ii) ANAHEIM'S Administrative Trial Against A TAXI: 4 The CAZZELL DECLARATION also explains that beginning in or about 5 early 2013 ANAHEIM took administrative action against A TAXI to terminate its 6 (August) 2012 franchise on the grounds that it had not submitted the three years' worth of 7 audited financial statements required by the RFP. A TAXI was forced to defend itself 8 through a protracted public administrative trial which took place in ANAHEIM's Council 9 Chambers before the Hon. ALAN BURNS, HEARING OFFICER (appointed pursuant to 10 MC 4.73.100.040 and by Stipulation of the Parties.) 11 The September 18, 2013 DECISION OF THE HEARING OFFICER (later 12 adopted by the ANAHEIM CITY COUNCIL pursuant to AMC 4.73.100.050,) is attached 13 as EXHIBIT "B" to CAZZELL's DECLARATION and also referenced in the RJN. A 14 TAXI was charged with not having properly submitting its audited financial statements (as 15 they had previously been submitted "combined" as a group and were not actually audited, 16 but they later had been broken down and prepared separately, and audited per 17 ANAHEIM'S demand.) After all was said and done, the Hearing Officer concluded that 18 ANAHEIM had failed to carry its burden to proof on every single one of the issues (at p. 19 14.) In so doing, the Hearing Officer also found that competitor YELLOW CAB had not 20 even submitted GAAP -compliant audits, and had submitted less than the three requisite 21 years' worth of financials (Findings 66 & 67 at p. 8.) 22 (D) ANAHEIM's grossly -disparate treatment of its taxicab franchisees: 23 THE SCC STUDY.• 24 As explained in paras. 4&5 of the SAVVAS DECLARATION, and briefly 25 hereinabove, when ANAHEIM "sunsetted" the 117 Court-ordered permits awarded to 2 6 AGT's predecessor, ANAHEIM required SCC to bring each of its Anaheim -stickered cabs 2 7 to its City Officers where, one by one, Code Enforcement literally scraped those stickers 2 8 off. In stark contrast, ANAHEIM never required either YELLOW CAB or CABCO to AM. GROUND TRANSPORTATION v. ANAHEIM 9 REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 have their invalidated stickers removed in any way, so that it is not apparent which cars 2 are licensed to operate in ANAHEIM, and which are not (with the result that the 3 disenfranchised cabs can and have continued to be operated in ANAHEIM with impunity.) 4115. CONCLUSION: THE MULTIPLE, UNDISPUTED EXAMPLES OFANAHEIM'S 5 SYSTEMIC BIAS IN ITS A CTIONS A GAINST A GT (AND ITS PREDECESSOR SCC, AND 6 OTHER TAXI COMPANIES THAT ANAHEIMDIDN'T LIKE,) SUBSTANTIALLY 7 CERTAIN TO CONTINUE IF LEFT UNCHECKED, JUSTIFY THIS CO URT IN ITS 8 EXER CISE OF DISCRETION TO GRANT THE IMMEDIA TE RELIEF REQUESTED. 9 In its OPINION the COA specifically left open to AGT, the ability to assert 10 "bias in future proceedings, supported by concrete facts..." (2019 WL 5617590, at * 12.) 11 This is the sort of future proceeding included in the COA's contemplation. 12 1 In both its hearings on June 25h and July 16th this Court specifically asked 13 11AGT's counsel what relief it was requesting vis-a-vis the COA's Order. AGT responded 14 11that it would like to begin operating its taxicabs in the City immediately. This Court 15 11responded that while it was not comfortable allowing that without ANAHEIM's approval 16 (which was not given,) the Court would consider granting relief based upon a Motion for 17 which ANAHEIM had the opportunity to respond in writing. This is that. AGT has based 18 its Motion on concrete facts and evidence of bias and wrongdoing on ANAHEIM's part. 19 ANAHEIM hasn't been able to refute this through credible, non -objectionable evidence. 20 11 Based upon all of the foregoing and on all of the other evidence submitted 21 in support of the Motion, it is respectfully requested that this Court grant this Motion in its 22 entirety, or that this Court otherwise modify the RFP award for AGT to make compliance 23 with it feasible; or that this Court grant such other or further relief as it deems appropriate 24 RESPECTFULLY SUBMITTED, CAZZELL & ASSOCIATES, ATTORNEYS 25 26 /S/ Maryann Cazzell DATED: August 14, 2020 27 By: M RY NN CAZZELL, E 28 Attorneys for Plaintiff AMERICAN GROUND TRANSPORTATION, INC. AM. GROUND TRANSPORTATION v. ANAHEIM 10 REPLY - MOT. FOR IMMEDIATE FRANCHISE 1 2 3 4 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 505 N. Tustin Ave., Ste. 276, Santa Ana, California 92705. 5 On August 14, 2020 I caused the foregoing document(s) described as: 6 MEMORANDUM OF PLAINTIFF AMERICAN GROUND TRANSPORTATION, INC. IN REPLY TO OPPOSITION TO MOTION OF FOR AN IMMEDIATE AWARD OF 7 FIFTY TAXICAB FRANCHISES UPON SHOWING OF ACTUAL BIAS ON THE PART OF ANAHEIM, PURSUANT TO OCTOBER 31, 2019 COURT OF APPEAL 8 OPINION IN CASE #G055501 AND DECLARATIONS OF SAVVAS RODITIS, KONSTANTINOS RODITIS, AND MARYANN CAZZELL, REQUEST FOR 9 JUDICIAL NOTICE, AND OBJECTIONS TO EVIDENCE, SUBMITTED 10 SEPARATELY AND CONCURRENTLY to be served on the interested party in this action as follows: 11 XX by causing a true and correct copy of the same to be sent via UNITED PARCEL 12 SERVICE ("UPS,") NEXT BUSINESS DAY DELIVERY, by enclosing said documents in a specialized UPS OVERNIGHT LETTER PAK, with delivery charges billed to the 13 "SENDER,"and depositing the same in an UPS Mailing Receptacle, this date, prior to the time marked on the receptacle as the "LAST PICK-UP" of the day, addressed as follows: 14 MOSES W. JOHNSON, IV, ESQ. (Attorney for Defendant and Responding Party 15 ASSISTANT CITY ATTORNEY THE CITY OF ANAHEIM) CITY OF ANAHEIM 16 200 W. Anaheim Blvd., Ste. 356 17 iAnaheim, CA 92805 rninhn,,nnnannnheirn net 18 19 20 21 22 23 24 25 26 27 28 _XX_ By serving the counsel identified hereinbelow electronically through service effected by ONE LEGAL at the electronic mail address on file with this Court, concurrently with the filing of the above document, with confirmation of electronic service, this date: Executed on August 14, 2020 at Santa Ana, California. (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. /S/ Maryann Cazzell MARYANN CAZZELL AM. GROUND TRANSPORTATION v. ANAHEIM REPLY - MOT. FOR IMMEDIATE FRANCHISE All 30-2013- 1 0®20131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electronically Filed by Superior Court of California, County of Orange, 07/29/2020 04:01:00 PM. 88977®CU®MC®CJC ® ROP, # 437 ® DAVID H. YAMASA I, Clerk of the Court By Jonathan Aguilar, Deputy CAZZELL & ASSOCIATES, ATTORNEYS MARYANN CAZZELL, ESQ. (Bar 9128780) 505 N. Tustin Ave., Ste. 276 Santa Ana, California 92705 Telephone: 714/558-1772 Telefax: 714/558-1883 cazzellkmsn.com Attorneys for Plaintiff/Moving party AMERICAN GROUND TRANSPORTATION, INC., a California Corporation, doing business as 24/7 Taxi Cab SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF ORANGE CENTRAL DISTRICT CENTER, UNLIMITED AMERICAN GROUND TRANSPORTATION, INC., A California Corporation, doing business as 24/7 Taxi Cab, Plaintiff, vs. THE CITY OF ANAHEIM, DOES 1 THROUGH 100, Defendants. AM. GROUND TRANSPORTATION v. ANAHEIM CASE NO.: 30-2013-00688977-CU- MC-CJC [REASSIGNED FOR ALL PURPOSES TO THE HON. GLENN R. SALTER, DEPT. C-22] DECLARATION OF SAVVAS RODITIS IN SUPPORT OF MOTION OF PLAINTIFF AMERICAN GROUND TRANSPORTATION, INC. FOR AN IMMEDIATE AWARD OF FIFTY TAXICAB FRANCHISES UPON SHOWING OF ACTUAL BIAS ON THE PART OF ANAHEIM, PURSUANT TO OCTOBER 31, 2019 COURT OF APPEAL OPINION IN CASE 9G055501 [NOTICE OF MOTION, MOTION AND DECLARATION OF KONSTANTINOS RODITIS SUBMITTED SEPARATELY AND CONCURRENTLY] HEARING DATE: 8/20/2020 TIME: 9:30 a.m. DEPT.: C-22 [RESERVATION # 733454 79] REMITTITUR ISSUANCE DATE: 2/14/2020 COMPLT. FIL'G DATE: 11/21/13 TRIAL DATE: NONE DECL RE: MOTION FOR FRANCHISE AWARD :lerk. 1 DECLARATION OF SAVVAS RODITIS 2 I, SAVVAS RODITIS, declare: 3 1. I am an individual, and the father of KONSTANTINOS RODITIS, 4 principal of Plaintiff AMERICAN GROUND TRANSPORTATION, INC. ("AGT") in 5 this action. From approximately 1991 to 2005 I was a principal of SCC (and in the earlier 6 years, its predecessor,) which during those times was authorized to operate taxicabs 7 generally in most (later in all) of the cities and unincorporated areas of Orange County; 8 and between the years 2001 to 2005, in the City of Anaheim ("Anaheim") as well. 9 Thereafter I sometimes operated a taxicab in Orange County. Because of this experience 10 I am familiar with the Orange County taxicab industry and the licensing and operational 11 requirements. I make this Declaration in support of AGT's Motion to allow it to 12 immediately be allowed to operate with fifty (50) Anaheim taxicab franchises and for 13 alternative and related relief. I have personal knowledge of the facts stated below and 14 could testify to them in Court. 15 2. On July 17, 2020 I used my cell phone to take a total of five photographs 16 that, among them, depicted two separate taxicabs that were then operating in Anaheim. 17 These taxicabs appear at first to belong to YELLOW CAB, the company that has held the 18 vast majority of the Anaheim taxicab franchises all along. The cabs bear the words 19 "YELLOW CAB" in many places, and also display YELLOW CAB's phone number of 20 (714) 999-9999, but the Court is already aware that YELLOW CAB is no longer 21 operating at all since May 31, 2020, and that ANAHEIM revoked YELLOW CAB's 22 operating authority altogether on July 14, 2020. Upon closer examination the cabs are 23 being operated by CABCO, which are using YELLOW CAB's Anaheim franchises: this 24 is apparent because on the side of each vehicle, underneath the inverted triangle that 25 contains the words "YELLOW CAB CO.," are the words "Operated by: California 26 Yellow Cab" (CABCO.) Each vehicle that has an Anaheim franchise has the franchise 27 logo on it in the form of an "A" sticker affixed to both the right and left front quarter - 28 AM. GROUND TRANSPORTATION v. ANAHEIM 2 DECL RE: MOTION FOR FRANCHISE AWARD 1 panels, and the current sticker consists of a large capital A in blue against a white 2 background, inside a lighter blue circle. When a franchisee loses its Anaheim franchise, 3 each cab that had held an Anaheim franchise had to quickly be taken into the Anaheim 4 Offices, where literally the City Staff would scrape those franchise stickers off each 5 stickered vehicle. The stickers were not allowed to remain. This is what Anaheim did to 6 SCC when it forced it to surrender its Anaheim stickers in about 2005. 7 3. Attached hereto collectively as Exhibit "A" and incorporated herein by 8 this reference are the two photos that I took of YELLOW CAB car 9158 (license plate 9 number 36965F2,) which was stopped in traffic on Harbor Blvd. The first page of 10 Exhibit "A" shows the rear of cab #158 with the YELLOW CAB CO. wording. The 11 second page shows the side, with the YELLOW CAB triangle logo, and the "Operated 12 by..." verbiage. The Anaheim franchise sticker is also displayed, to the right and slightly 13 above those words. 14 4. Attached hereto collectively as Exhibit "B" and incorporated herein by 15 this reference are the three photos I took of YELLOW CAB car 9683. This was parked in 16 front of a small fast food -type strip mall in Anaheim with a WABA Grill and a Subway 17 shop. The first of these photos shows, to the right -side of the cab, a sales transaction with 18 the driver having purchased fast food and the sales assistant helping him with the credit 19 card charge after having brought the food out (thus seeming that this cab was being 20 operated and the driver had just stopped to pick up something to eat.) The photo also 21 shows the triangular YELLOW CAB Operated by: California Yellow Cab logo and 22 wording. This cab is easily identifiable in the following two photos since there is damage 23 to the body of the vehicle at the lower and right-hand portion of the passenger door. In 24 the second of these photos, the cab number (683) is shown, as well as a clear view of the 25 Anaheim ("A") franchise sticker. The third of these photos shows the driver seated in the 26 car, evidencing that the cab was not just some random vehicle parked in front of the 27 WABA Grill, but rather was one in current service. 28 AM. GROUND TRANSPORTATION v. ANAHEIM 3 DECL RE: MOTION FOR FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 5. On July 17, 2020 I also observed YELLOW CAB 9697 operated by , and bearing an ANAHEIM franchise sticker, in service and operating on Katella venue near the 55 freeway in Villa Park, but I was unable to get a photograph of it. 6. On July 19, 2020 I took two cell photos of (former YELLOW CAB) taxi 9120 at the Fullerton Amtrak station. This cab also bears an ANAHEIM sticker, and bears the same CABCO identifying information as above. I have d them here collectively designated as Exhibit "C" and incorporate them herein. 7. On July 22, 2020 I took a cell photograph of YELLOW CAB (operated CABCO) taxi number 986, near Moulton Parkway and El Toro Road. Again, this ab bears an ANAHEIM franchise logo. A true and correct copy of this photograph is d hereto as Exhibit "D" and incorporated herein. 8. On July 22, 2020 while in San Juan Capistrano I noticed CABCO car 633 operating there because it bore an older -looking (and possibly not current) AHEIM franchise logo. I took a cell photograph of it, and a true and correct copy of photograph is attached hereto as Exhibit "E" and incorporated herein. 9. Around this time I began noticing that many of the CABCO cars in the County bore what appeared to possibly be older ANAHEIM franchise 18 11stickers, and the vehicles looked to be older than the maximum model year age of 2015. 19 20 21 22 23 24 25 26 27 28 July 22, 2020 I took two photographs of CABCO vehicle 9773 that was being operated Highland and Irvine Blvd., and had a franchise sticker, and I have attached them here ctively as Exhibit "I"' and incorporate them herein. 10. On July 23, 2020 I took cell photographs of four more "CABCO" abs staged for operation at the John Wayne Airport. These included two photographs of CABCO vehicles numbers 614 and 654, which bore the possibly older ANAHEIM stickers, and which photographs I've attached hereto collectively designated as it "G" and incorporated herein. They also include CABCO's taken -over YELLOW vehicles numbers 104 and 376, each of which bears an ANAHEIM franchise sticker, AM. GROUND TRANSPORTATION v. ANAHEIM 4 DECL RE: MOTION FOR FRANCHISE AWARD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 one affixed to cab number 376 of the older variety. I have attached copies of )tographs of cab numbers 104 and 376 hereto collectively designated as Exhibit "H" I incorporate them herein by this reference. 11. Finally, on July 24, 2020 at the Anaheim Convention Center I took two )tographs of YELLOW CAB car 9905 (operated by CABCO) bearing what appears to an older -style ANAHEIM franchise sticker. I've attached copies of those photographs lectively designated as Exhibit 1," and incorporate them herein by this reference. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct Executed on July 28, 2020 at Anaheim, California. /S/ Savvas Roditis SAWAS RODITIS I AM. GROUND TRANSPORTATION v. ANAHEIM 5 DECL RE: MOTION FOR FRANCHISE AWARD illomilliuld < > 7 � � :...- _ = : .��� .� v.a :� .� . . \ƒr����\:�:� 4 Flo- —meg � � � _ --���. J I llftl __ m J .-. . .. .� « r yv .m>e � ._ . . ... . -- l... - �.� >�y. . . .. : . .. � � - - \� ems: ? . A- _ \ \4g�alw A� 4 1*41-1511'.. �' N l�<. �� /`« » _«< � d�� . — v. � � �« « ¥\« . :�«. ««y<. «� � �« ��y *» < « � <�° «<4 �� n k 10h IBM 'Im I X14 L 14 Ta M - WTI -40% 41 � �' i7l Public Comment From: Konstantinos Roditis Sent: Tuesday, September 15, 2020 12:15 PM To: Public Comment Subject: Agenda Item # 28 - Taxi Cab Franchise Attachments: Konstantinos Roditis Public Comments - 09-15-2020 Agenda Item # 28.pdf Here are the public comments from Konstantinos Roditis representing 24/7 Taxi Cab in regards to tonight's taxicab franchise public hearing. September 15, 2020 -- Agenda 0tem 28 Mayor and City Councilmembers, my name is Konstantinos Roditis, and I represent 24/7 Taxi Cab. I wish I could be there today to speak with you regarding this matter, as well as having California Yellow Cab present to discuss and have a genuine public hearing on this taxicab franchise. Since we are unable to do that, I would like to make the following reasoned and appropriate recommendations, which I believe are the most advantageous for all parties involved. 1. Issue 24/7 Taxi Cab and 24/7 Taxi Cab alone 50 franchise permits at this time. 2. Allow CABCO and 24/7 Taxi Cab to increase their fleet from +/- 15% to +50%. 3. Allow CABCO to be exempt from their vehicle standard of five-year-old vehicles to OCTAP from their original franchise. Recommendation I As you may be aware, a court case has once again required the City of Anaheim to conduct an RFP for 50 franchise permits. Therefore, the City is required to act on 50 franchise permits. However, the City is not compelled to act regarding Yellow Cab's 155 permits. So being wise on how many franchise permits Anaheim should distribute is within the council's discretion. I ask you to use that discretion now and, therefore, consider our three recommendations. If you remember, Yellow Cab did not close down just because of the COVID-19 pandemic. As stated on July 14, 2020, in Item # 26 City Council Agenda, "due to shifting market trends in the taxi industry and the recent effect of COVID-19, Yellow Cab has decided to cease operations... effective May 31, 2020...". This is just one reason we advocated with the City on limiting the RFP to 50 franchise permits. This would be in line with the court's ruling, as well as allow the City to conduct a demand study in the future to help determine the appropriate number of taxicabs. In every prior RFP, a demand study was conducted, except for this RFP. It makes no sense to me to issue so many franchise permits when doing so would oversaturate the market and create an environment that increases the likelihood of having another taxicab firm cease operation. Since the closure of Yellow Cab, Anaheim has had only had 50 lawful franchise permits in place. California Yellow Cab is currently the only taxicab company in Anaheim. That means you have had only 50 legal franchise permits operating in Anaheim for the last four months. This point helps illustrate that a total of 255 franchise permits in Anaheim would be excessive. Case in point, there are not currently 255 taxicabs in all of Orange County. There are only 190 taxicabs in Orange County. Therefore, increasing the amount more than the market can now handle is not wise. Now, the number of taxicabs will increase because of 24/7 Taxi Cab. The vast majority of our fleet operates under our California Public Utilities Commission (CPUC) license. We perform thousands of non- emergency medical transportation trips throughout Orange County, including a large volume in Anaheim. We even are contracted and submitted a letter of recommendation in our RFP package from College Hospital of Anaheim. We operated our fleet under our CPUC license because doing so allows us to fulfill our contracts in Anaheim legally. Operating a taxicab in Anaheim without a franchisee violates Anaheim Municipal Code. By granting us 50 franchise taxicab permits, we can begin to shift our fleet and add more taxicabs to our fleet, while not sacrificing our contracts. It is more advantageous to operate our fleet as a taxicab because it gives us access to new clientele, which we previously did not have. For instance, under CPUC regulations, we cannot sit at a taxicab stand and receive customers at the convention center. Therefore, with our current contracts and fleet, adding 50 franchise taxicab permits to 24/7 Taxi Cab will not disturb the market place. In fact, it will give more stability to Anaheim and OCTAP. Also, we cannot ignore the reality of the COVID-19 pandemic. It will take time for conventions to be scheduled, businesses to open up, and tourism to come roaring back. There is no doubt that it will take time to get back to a pre-COVID-19 business environment. So the question is, would it be wise to limit the number of taxicabs for the duration of this franchise? I believe the answer is yes. With the requirement of two readings plus thirty days for this franchise to go into effect, we are looking at 19 months, as this franchise expires on June 28, 2022. This period is not very long, considering when this franchise goes into effect, Anaheim would have only had 50 lawful franchise permits in place for nearly five months (Yellow Cab ceasing operation of May 31, 2020, to approximately October 29, 2020). Therefore, we request the City Council use their discretion and vote to issue 50 franchise permits to 24/7 Taxi Cab and no new franchise permits to CABCO at this time. Recommendation 2 The RFP and AMC as stated on page six of the RFP: Franchisee must agree to abide by all applicable laws, rules, regulations, orders, and restrictions which are now in force or which may be hereafter adopted by the City, OCTAP, or any federal, state, or municipal government authority lawfully exercising jurisdiction over taxicab service in the City (emphasis added.) As the City is well aware, Assembly Bill 5 (AB5) has affected many businesses throughout the State of California. Therefore, as per the RFP, we were required to demonstrate how we comply with all applicable laws. As demonstrated in our RFP, 24/7 Taxi Cab is made of our two companies. One is a management company (Inc.), and the other is a driver -owned company (LLC). This structure and joint -venture, we believe, adhere to all applicable laws, including AB5. Pursuant to California Labor Code §§3351 and 3352, as amended by Assembly Bill 2883, effective January 1, 2017, the following may elect to be excluded from workers' compensation insurance coverage: • Officers or members of the board of directors must own at least 15% of the issued and outstanding stock of the corporation. Any officer or director owning less than 15% of the stock of the corporation must be covered by workers' compensation insurance. • The ownership listed must be identical to the information filed with the Secretary of State in the Statement of Information. The above portion applies to corporation. CABCO is a corporation. Therefore, drivers that are owner - operators would not be considered exempt from employee requirements like worker's compensation. They must own at minimum 15% of the corporations stock, as listed in the statement of information. CABCO Inc. therefore could only have six (6 *15% = 90%) corporate owning drivers, if not under the new application of AB5 they could be required to provide employee benefits, healthcare for full-time drivers, and worker's compensation coverage. I have not examined CABCO's RFP package (Sealed), but looking at their corporate structure, I doubt they comply with ABS. This brings up two possible issues that the City may face. If the City grants additional franchises to CABCO and they are in violation of AB5 and have not adequately demonstrated that they comply with AB5 in their RFP, this would be a violation of the RFP. Therefore, granting additional franchisees, we believe, could have legal implications for the City as they are showing bias and favoritism towards CABCO. The other issue is if the State of California or a private individual claimed to have been an employee under AB5 and brings a suit against CABCO, it could result in CABCO shutting down, and the City faced with a situation of losing another taxicab company. Since this is a real possibility, I believe it is wise to allow CABCO to address this over the next 19 months. Then come back in 2022 for additional franchise permits once they have demonstrated they comply with AB5. So, therefore, why +50%. The RFP allows us to put 50% of our fleet within six months of being awarded the RFP, and then work with the City with the rest after that. So in a sense, we are being granted -50%, but only +15% on the positive side. By increasing it to +50% and adjusting CABCO's 2012 franchise from 50 franchise permits at 85% minimum to 115% maximum, to a maximum of 150%, this would increase CABCO's useable licenses to 75, without issuing another franchise to CABCO. Before a court order removed 25 permits from CABCO when they were operating 75 licenses, according to an Anaheim public record request, CABCO had 68 Anaheim franchise taxicabs on March 6, 2020. This is thirteen days before Governor Newsom's Executive Order N-33-20, which began shutting down the state because of COVID-19. So at the time, CABCO's 75 permits were adequate to service its clientele. CABCO was not fully utilizing its 75 permits +15% but did lose some permits when they dropped from 75 to 50. Therefore, this recommendation would, in effect, give CABCO 25 more permits. By granting 24/7 Taxi Cab and CABCO -50% on this franchise over the first six months and possibly beyond that, I believe it is reasonable to make it +50% for each company as well for the duration of this franchise. Therefore, this recommendation would authorize up to 150 franchise taxicabs in Anaheim over the next 19 months. These 150 permits do not include special use permits as permitted by the franchise. Thus, I believe this would be an adequate amount of taxicabs and more than fair to CABCO and 24/7 Taxi Cab. The other issue I find with the TAC recommendation is that it creates a monopoly. The City Council Agenda Report states: 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 taxicab customers. I agree there shouldn't be a monopoly, but TAC's recommendation would result in a monopoly. TAC's recommendation would create the following scenario, 205 taxicab franchises for CABCO and 50 taxicab franchises for 24/7 Taxi Cab. That means CABCO would control 80.4% of the taxicab franchise permits, and 24/7 Taxi Cab would control 19.6%. This percentage of allocation, I believe, would still be considered a monopoly. According to the US Department of Justice: Competition and Monopoly: Single -Firm Conduct Under Section 2 of The Sherman Act: Chapter 21 states: Following Alcoa and American Tobacco, courts typically have required a dominant market share before inferring the existence of monopoly power. The Fifth Circuit observed that "monopolization is rarely found when the defendant's share of the relevant market is below 70%."Z Similarly, the Tenth Circuit noted that to establish "monopoly power, lower courts generally require a minimum market share of between 70% and 80%."3 Likewise, the Third Circuit stated that "a share significantly larger than 55% has been required to establish prima facie market power 114 and held that a market share between seventy-five percent and eighty percent of sales is "more than adequate to establish a prima facie case of power."' 24/7 Taxi Cab requested 100 taxicab permits in our RFP. Therefore, having a more equitable split and not creating a monopoly would be the fairest and legal thing to do. By following TAC's recommendation, I believe the City would be showing bias and favoritism towards the incumbent firm by allowing them to create a monopoly. 1 https://www.justice.gov/atr/competition-and-monopoly-single-firm-conduct-under-section-2-sherman- act-chapter-2 Z Exxon Corp. v. Berwick Bay Real Estates Partners, 748 F.2d 937, 940 (5th Cir. 1984) (per curiam) 3 Colo. Interstate Gas Co. v. Natural Gas Pipeline Co. of Am., 885 F.2d 683, 694 n.18 (loth Cir. 1989) (citation omitted) 4 United States v. Dentsply Int'l, Inc., 399 F.3d 181,187 (3d Cir. 2005). 5 Id. at 188. Therefore, by granting 24/7 Taxi Cab, 50 franchise permits, and adjusting franchise permit allocation from 85-115% to up to 150%, you will not be creating a monopoly, as well as not issuing a franchise to a taxicab firm that may be in violation of ABS. Finally, giving a monopoly to CABCO would be devastating to 24/7 Taxi Cab. TAC is supposed to be an independent body, and even include input from residents. Unfortunately, TAC is not, which concerns us. When the 2012 RFP came out, you had Larry Slagle of Yellow Cab on the Convention Center Board, later becoming Visit Anaheim, which was grading our RFP. Larry Slagle was, at one point, the president of the Anaheim/Orange County Visitor & Convention Bureau. At the same time, you had Paul Sanford, who was with the Anabella Hotel, who also sat on the Visit Anaheim Board. Anabella Hotel, via the Wincome Group, received $225 million in TOT subsidies from the City. Larry Slagle was also the co-chair of Save Our Anaheim Resort (SOAR) PAC along with Todd Ament from the Anaheim Chamber. These groups advocate political policies, which they are more than entitled to do. Yet, if you do not know, at one point in the past, Yellow Cab had received exclusive operating rights from Disneyland and the hotels at the Convention Center. Therefore, Yellow Cab essentially created a monopoly from his political friends and allies. Unfortunately, these same people/groups are connected to or sat on TAC. We believe this will happen once again. Larry Slagle is now with CABCO. He was on the mandatory conference call on behalf of CABCO. With 205 permits to CABCO and the history of the taxicab industry in Anaheim, I implore the council to use discretion and wisdom. Later in this document, I will point out areas we believe TAC got utterly wrong, and rightfully so, we are concerned with bias since TAC has shown bias in the past. For instance, back in 2009, an RFP for A Taxi Cab's 50 franchise permits came out for bid. TAC recommended those 50 to go to Yellow Cab. 24/7 Taxi Cab and A Taxi Cab demonstrated the false statements and conclusions of the TAC report. It was so evident that the City Council voted to extend the franchises of all the incumbents and reject TAC's recommendation. In the 2012 and 2016 hearings again, TAC was filled with misstatements, falsities, and their recommendation violated the RFP requirements. Not to belabor the point, but one such instance was the ADA vehicle requirement. The RFP required a minimum of 5% ADA vehicles. Yellow Cab in their package stated they had five and would add up to eight if they were awarded the maximum of 255 permits. Yellow Cab was proposing up to 3.1% ADA compliance at best. TAC recommended 180 permits in 2016 based on Yellow Cab's 2012 RFP package. With five ADA vehicles, this means a maximum of 100 franchise permits. TAC recommendation meant 2.77% ADA compliance. TAC's statements about 24/7 Taxi Cab ADA was filled with misstatements that were easily debunked when I read excerpts of our package to the City Council. Unfortunately, in 2012 and 2016, TAC and the City Council showed a preferential bias to the incumbent firms and prejudicial bias towards 24/7 Taxi Cab. Even though the overall outcome of the 2009 RFP wasn't to our liking. The City Council did use their discretion by rejecting the TAC recommendation. We ask you to use this same discretion now. From what has transpired in Anaheim, I think it is reasonable for us to be concerned about being granted a franchise but then ultimately being squeezed out of the market. We even had a City Official once say to my father, "Go back to Greece, you'll never get a license." I say this to help show you some of the decades -long history that has brought us here today. Our concerns are real, and that is why I have brought this to your attention. With the City being required by court order to issue 50 and 50 RFP permits only, this recommendation would be in line with the court's ruling and help address some of our concerns of bias and prejudice against us. I believe this is a win-win situation for the City. It doesn't expose the City to any unnecessary litigation and authorizes 150 franchise permits (via this recommendation) over the next 19 months. I believe this is a wise and measured approach and would advise the City Council to use their discretion and allow the allocation of +50% of taxicab franchise permits. Then in 19 months, the City can adequately evaluate both incumbent firms' performance, and a more accurate comparison for allocation of franchise permits would be more appropriate. Recommendation 3 When Yellow Cab ceased to operate on May 31, 2020, and after the City of Anaheim revoked Yellow Cab's franchise stickers on July 14, 2020, we observed Yellow Cab vehicles with Anaheim franchise permits operating in Anaheim. For most of these vehicles, we observed a sticker saying, "Operated by California Yellow Cab" on the door. Making a public records request (PRR) of CABCO vehicles, we discovered a few things. First, these vehicles were not authorized to operate in Anaheim, and most of the vehicles listed as Anaheim franchise vehicles were older than five model years old. Two vehicle rosters were given to us from our PRR. The lists were identical, but 11 taxicabs were highlighted blue. Not knowing what the blue highlighted cabs indicate, we conclude that if we excluding those 11 vehicles, the Anaheim fleet for CABCO was as follows: Two (2) cabs that are model year 2012. Ten (10) cabs that are model year 2013. Thirty-one (31) cabs that are model year 2014. This means that 43 out of 57 vehicles, or 75.4%, of their fleet is unlawful and should not be operating under their current franchise. Taking into account, CABCO was operating taxicabs with revoked Yellow Cab franchise permits, is not only grounds to be fined but grounds to have their franchise permanently revoked. The City of Anaheim's actions toward revoking A Taxi Cab's franchise on lesser grounds has been established, and what I am suggesting is not unreasonable. Therefore, our third recommendation is to the benefit of CABCO. 24/7 Taxi Cab truly wants to be fair and a reasonable business partner in Anaheim. Because of CABCO's recent actions, I also can't entirely agree with giving them more franchise permits, especially a monopoly, after they blatantly violated the AMC and their franchise. Therefore, for the stability of the taxicab market and to be more equitable, it would be too much of a financial burden on CABCO to remove 75.4% of their fleet and replace it with five year or newer model year vehicles. This could bring them to financial collapse. Therefore, we recommend the City of Anaheim adjust CABCO's 2012 franchise to OCTAP vehicle year age standards. Since 24/7 Taxi Cab's franchise will be at OCTAP standards, I think the same rules that apply to 24/7 Taxi Cab should apply to CABCO. We believe this recommendation is fair and equitable for everyone and doesn't burden CABCO with replacing their fleet in these unprecedented times. Again, I hope you will consider our three recommendations. We are not looking to have an unfair advantage over CABCO. What I have proposed is equitable for all involved and quite reasonable. Thank you again for your consideration. Respectfully, Konstantinos Roditis Besides my three recommendations, I want to address some of the findings from TAC. I believe that some of these finds are incorrect, and even though TAC has recommended 50 franchise permits, I thought it would be helpful to clear the record. Company Experience: As stated in our RFP, our company has many contracts, including with the government. Our company has transitioned primarily from a taxicab company to a non -emergency transportation company. With clients living or going to medical facilities in Anaheim, we could not have serviced our contracts with our 24/7 Taxi Cab fleet. It is prohibited under the Anaheim Municipal Code. Now with the ability to operate in Anaheim, we will transition back to a taxi cab company. If we had received this franchise back in 2012, we would have never made the transition because we would have fulfilled those newer contracts as well as having access to the rest of Anaheim and the Resort Area. We did mention this transition and the time necessary to complete the transition. This transition is well within the Anaheim RFP requirements. Additionally, once the council makes its decision, 24/7 Taxi Cab will be purchasing our ADA fleet. The purchase of ADA is scheduled for Thursday morning, September 17, 2020. TAC mentioned our Oceanside franchise. I agree Oceanside is a different environment. We used it as an example that when we applied for an Oceanside franchise, the first time, we immediately were granted a franchise, and we fulfilled all the requirements of the franchise. We also wanted to highlight that we left the Oceanside market and have been strictly focusing our energies on Anaheim and Orange County. The previous TAC recommendation looked negatively upon our Oceanside and Camp Pendleton contracts because they believed we couldn't do both, which we very much disagreed with them. Still, we wanted to assure this TAC organization that this shouldn't be a concern for them any longer. When TAC speaks of Anaheim Standards, actually, our Veyo contract has higher service standards than Anaheim. This was mentioned in our RFP package. We provided a letter of recommendation from Veyo, and they are very satisfied with our service. Also, if you are not aware, 24/7 Taxi Cab is the predecessor of sorts to South Coast Cab. South Coast Cab operated under the permit system, and we had 117 licenses then. So compared to CABCO, 24/7 Taxi Cab's company experience in Anaheim is more significant than that of CABCO. They have only had up to 75 licenses. These mischaracterizations do affect our score and thus affects how many franchise permits we are being recommended for. So we want to bring these to your attention. Management Experience: TAC is concerned about who successful we will be in a big city like Anaheim. I specifically mentioned South Coast Cab and our experience in our RFP to show we have operated a large taxicab company in Anaheim. A company with even a more extensive presence than CABCO. Again they have had a maximum of 75 permits (now 50), but we had 117. Before we transitioned to our state license. 24/7 Taxi Cab was one of the largest taxi companies in Orange County. TAC also is concerned about our management. They state all our management is from the same family. Not all of our management is from the same family—about half of the upper management. With the new Anaheim managers, current accounts manager, and current fleet manager are not part of the family. This was clearly indicated in our organizational chart and job descriptions. I once again do not see how TAC could make this mistake. We have had issues of bias with TAC reporting, which the City is well aware of, and thus we are concerned that untrue and incorrect statements from TAC are once again hurting our overall score. TAC is concerned about our fleet size. Yes the initial part of our fleet is less than 50 vehicles. But we did give a fleet implementation plan. Additionally, I would like to highlight that CABCO doesn't have 205 vehicles either, and that is the recommended amount TAC has proposed for them. Yet, TAC does not mention this in their recommendation. Financial Capacity and Stability: TAC had two concerns about out financial capacity and stability. In our business plan, I listed part of our current fleet that we would begin to transition into taxicabs. I showed our cash -on -hand and the vehicles we would be purchased by heavily reinvesting profits to vehicle purchases. I also stated I have a dealership license, and that gives me access not only to vehicles below market value, but lines of credit which can be used. Additionally, we had very little time to put this RFP together. In the past we had months, this time we had about two weeks. With such limited time I could not get the proper paperwork together as I did in 2012 when I secured funding for 100 brand new CNG vehicles with over 4 million in a line of credit. As you can imagine, securing that type of line of credit takes time. Therefore, I used my home as evidence of funds that are available if it was needed to give TAC confidence that I have the financial wealth to fund this if needed. My home being in Anaheim Hills and completely paid off, and an ability to draw on it if need be was to give comfort to TAC that I have financial resources. If we had more time to put this package together, I would have been able to provide lines of credit for purchasing of vehicles. The second concern was about a recent settlement. This is what I wrote in the RFP concerning this case: "We have no open cases against 24/7 Taxi Cab. The last and only case was closed and settled on August 13, 2020. We were part of an action that did not directly involve us, but our insurance company decided to settle the matter because it was cheaper to settle than the legal fees to fight the case." The settlement papers from the court were provided. There is no possibility of additional fees. Like zero! So once again, I don't understand how TAC and the auditor could have arrived at this conclusion and concern. Management and Quality Assurance: TAC was concerned with the age of our vehicles, but the age of the vehicles will not be too old for the complete duration of the franchise. These vehicles have similar ages to CABCO's current fleet. TAC also stated no mention of quality assurance. The section was titled Quality Control in our package, and it was eleven pages of content. We also highlighted quality assurance throughout the package. I don't understand how TAC could completely miss this. Again, I am concerned with how they missed this and ultimately hurt our overall score. Facilities and Equipment: We have one full-time mechanic, but we do bring a part-time mechanic in when needed. Similarly, I didn't mention all our staff members like call -takers and dispatchers. The RFP was to highlight the upper management, not go into detail of all our employees. Also, TAC stated that our warehouse is old. I don't know where they got that idea. The building was built in 1987. CABCO's location was built in 1977. Our building is a private building with a contractors' yard; CABCO's is not. There is no basis for this claim by TAC. Zero! The opposite is true. CABCO has an older warehouse. Again, I am concerned with the language in this section and throughout this TAC report because it concerns me that TAC is biased toward us and lowering our score to keep us at 50 franchise permits while recommending an unlawful monopoly to CABCO. Fleet Sustainability: TAC brings up the notion of borrowing vehicles once again. We state nowhere in our package we are borrowing anything. I might borrow a friend's car to go to the store, but I don't borrow cars and make them into a taxicab. We clearly demonstrated how we are moving our fleet from our state license back to a taxicab and that we are going to be purchasing more vehicles and approximately when and how. As stated, we will be buying some of Yellow Cab's old Anaheim fleet from the dealer that took those vehicles in possession. Including Toyota Prius vehicles. Fleet Accessibility: I mentioned the five vehicles we would buy for our ADA vehicles and prices. As stated earlier, I am going Thursday morning to purchase these vehicles once the Council votes. TAC had an issue with us fully complying with the ADA requirement. We agree 5% is the minimum, which was not a standard held in the past with Yellow Cab. But since we are immediately purchasing these vehicles, it was essential to highlight that for TAC. Final Thoughts: Again we are excited to begin operating in Anaheim as your newest taxicab franchise. I wanted to highlight some of the inconsistencies in the TAC report and issues we found. As the City is aware of our concerns of bias against 24/7 Taxi Cab, we wanted to highlight these issues respectfully to make you aware of these errors. Debunking some of the statements made by TAC and showing their inaccuracy and, in some cases, bias or slanted language, which has hurt our overall score, is important; those inaccuracies would make you think we are not prepared to begin operations in Anaheim; but that is untrue. So with this brief explanation of TAC's report and our recommendations, we do hope you seriously consider our recommendation and vote on them. Thank you for your time and consideration. Public Comment From: Dan Burley Sent: Wednesday, August 26, 2020 2:57 PM To: Public Comment Cc: Patrice Denbeau Subject: Anaheim City Council Comments The purpose of the following comments is to make the Anaheim City Council aware of free recovery communities dedicated to helping adults of all ages, but particularly young adults succeed in their long-term drug and alcohol recovery. Drug and alcohol addiction have become epidemic in America and particularly in Orange County with the explosion of the Opioid crisis. There are multiple paths to drug and alcohol recovery available in Orange County and many resources are free. 12 Step Programs, Faith Based, Smart Recovery and Medical Assist are some of the pathways. Young People in Recovery or YPR is a nonprofit organization in Orange County dedicated to administering free resources for long term recovery to anyone in Orange County. Recovery support communities such as YPR and The Phoenix Organization based in Newport are dedicated to helping young and older adults thrive and live a drug and alcohol -free lifestyle. L Dan Burley Program Coordinator, Orange County YPR - Young People in Recovery Public Comment From: buddyfitz Sent: Thursday, September 10, 2020 7:42 PM To: Public Comment Subject: Public Comment for September 15, 2020 Council Meeting Attachments: September 15 council comments.pdf Attached comment. The Anaheim PD is still investigating the connecting of an Anaheim city council family member to a cannabis related beating of an elderly Anaheim lady, or, the Anaheim PD is not investigating, but is covering up a crime for the benefit of an Anaheim council member? ANAHEIM COUNCILPUBLW COMMENTS H 11 At the last icouncil meeting, the question was asked- "Anaheim police concealed criminal beating,of an elderly lai y b - ,d y a ffimfl* mejAber ofanAnaheim; council member? The "Anaheini Investigator" bl6g.site has iloverwhelining�te; ,iconcerninghe present mayqr9 his son, Council Member Faessel� and the Chamber, of Commeree,ithatare using, multiple taxable Cannabis Distribution Businesses ;in lAnnheimito avoid &�Gate 'Tax on Disneyland. it GOU C 'Anahei mniiG' :t 1 One though on, yv'14" n H Pushlolelize gall I s,Bus,inesses��'-U",,"QU�lid�,;[M"a,ke \N,ealthyl Man; Lill] ,'Eaorn,ina on M1 L =Q2 --i - 3� 8 pin– wadi _iy_ _� JQ J-- 1, �_.2 Dear. Anaheim Investigator, �'"*X , � ' Myself and :any fam,,iiiy have lived, workedr and lbeen a bi.i.siness stakeholders in. Ariaheim �SlSince 1949, T,casnot` imagine a WORSE de sio -nade b �.Jefed , officials ,j , Qi'lci ni that cotild,beii yi ot.n A',* than making Ariataeim. a:legal venue, fori'DRUGST 1. do not care wli at: argi,-=ent you can,makeifor "t1le -le-venue we wih..gairi�' from selling; DRU(""'S in our city...notjui­ig°will convince ine t.hatitisagDead idea,-tom� a!kel-)R.UGSirnore-availiibleit.(),C)Ul'I youth arid. other inembers of our citizenry. I graduat,.ed from high khool tnt 1969ard I have seeix the hilpactsa-tatsmokhigDOPI-,, (Cannabis) has had, onthe lives of nay classmates of fifty—years1pasti lbe drug users' lives neverlh ad tractionbecause they were storie& all the ti-ine. Vic. d-ung"has 6han3ed, `171 -ie; people J. lmow that use IDRUGS40r 6ntertaimnent-th, ese days arel LOSERO).,WI-iy,w,oilid,we,,want to breed more Josersat'id create.m.ore crime in Anelheim? Why would we want to, waste.W.-aff filne I am praying that our staff!and elected lofficials, will ,dee ply study thi& rnafter and. &eck-in wit -11, other cities, that have made DRUGS legal.; 'hey will discover that; there areino positive! benefits. to this. If., it is money we are looking for -in thiscity then lot's,getdt fTorn. the -.Lrdllions of tourists that come here and, deplete our, city's resources. We can raise $25,000-,'000 per yezu-bya sign le $1,00 beer head: I,ZFS0R.T,'LJSER FEE imposed on tourists asAhey, check out ofhotolsl in Ariaheirn. 11,ey, do it in Las Vegas. We. shoul&do that here. NO DOPF�, IN ANAFTFIM! Bill 'Faormina, Cell/Text R.+1P "&E VIA EMAIL, TO: 1!_�Ll ecommen CqOanaheim.net FROM: 11oine'Owners Maintaining our iiEnvironment ANAIIEEW POLICECONCEALS CRIMINAL BEATING OF ELDERLY LADY:BY FAMILY MEMBER OF ANAHEIM CITY COUNCILMAN' Beca use the.Anaheim police refuse itoxelease the investigative police report, details of the criminal assault are snot,clear concerning the illegal Cannabis distribution business located on the800 block, of, South, East � Street in Anaheinx. The inarijuana sales atthatIocation are during a two evening hour period, a few days each week. iDu ring those itwo evening hours,,the adjoining residential streets to East Street, (Topaz and, Opaj),are, completely packed with the parked cars of those buying, drugs,; many doubled; parked. Ldast month (,July 2020), an eighty-year-old resident, a member of the 'ropaz-Opal Neighborhood Watch, was taking,videos of the illegally parked cars blocking the streets, and theirildrug buyingoccupants,. Ift'is understood that several of the drug buying costo mersi reported thisielderly1ady taking videos to those connected to the� cannabis l business. Thelbusiness owners dispatched their security personnel (larges men) to �stop theielderly woman frwn taking pictures of their customers. She was beaten, thrown down,,and leftNeeding on the street. fResidents called 911, a fire engine and ambulance carne about ten minutes later, two police cars came About 15 minutes later and stayed for� Almost, aW hour investigating the criminal assault. The lady returned1rom the hospital ,looking horrible. Her face was all black and blue, right eye puffeA n on tier head. The elderly victim who, courageously opposed the, cannabis parking problem was a retiree fromit e Anaheim Elementa;S ool District and active in the Anaheim Downtown,Senior Center. The Anaheim Police epart ment,in concealing any criminal activities by family members of a councilman, are obviously doin,g so to repaythe city council for their ge-nerous compensation increases4o Anaheim i police i officers. Public Comment From: Mario Sandez Sent: Friday, September 11, 2020 9:28 AM To: Public Comment Subject: Attention DISTRICT 2 Hello, I am resident of District 2 and have been for over 20 years and my concerns are on the subject of transients in my neighborhood. I live near Brookhurst and Orange and me and my family walk to Cortina's, In N Out, and Stater Bro'a quite often. Over the past several weeks I have noticed an abundance of transients in that area. My concerns are for the safety of my children and all children in our city. I feel like city officials have turned a blind eye to the obvious and now I feel like this "look" is the new normal and that is unacceptable! I have been in contact with SGT Enriquez of homeless outreach and from what I gathered is that their hands are tied from a legal standpoint on what can be done, again unacceptable! Our city needs to be cleaned up! What is the solution? To be frank, I am sick of tired people of seeing these individuals in my neighborhood!! Please restore safety in our city! Mario Sandez Public Comment From: Justin Chou Sent: Saturday, September 12, 2020 3:05 PM Subject: Reallocate Police Spending. End the nonsense. To the Anaheim City Council: My name is Justin Chou and I am a resident of Anaheim Hills. I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only $1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2003-2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, NYPD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, Justin Chou Anaheim, CA 92808 Justin Chou Public Comment From: KATHY CHANCE Sent: Monday, September 14, 2020 9:45 AM To: Public Comment Subject: Please add my attachment to the 9/15/2020 Public Comments Attachments: D-2 Mario Sandez Piggyback.docx Please add my attached document, complete with photos, to the Public Comments for the Anaheim City Council Meeting 9/15/2020. Should you experience any issues with this attached document, please contact me immediately so that I can submit it to you an alternative way. Please send me an email receipt when you have received, and approve this attached document for uploading as a pubic comment for tomorrow night's city council meeting. Thank you, Kathy Chance MON 9.14.2020 0945 hrs ANAHEIM City Council; This is to piggyback on Mr. Mario Sandez' (District 2) email concerns to you on 9111/2020 at 0928 hrs. His email can be found under "General (3)" for tomorrow night's city council meeting, Tuesday 911512020. As I frequent this area because both my councilperson (Barnes) and the District 2 councilperson (Brandman) refuse to do their elected jobs, I have mourned for these communities and get out there and do it myself! I concur whole-heartedly that Sgt Enriquez, who calls himself the Supv of the Homeless Outreach Team, does nothing but states HE CAN'T! I have requested an overhaul of APD -HOT, as well as the West Side APD CPT for over a year now, but it falls on deaf ears. APD -HOT continues to BS the Public by saying their hands are tied, when, in fact, they have every resource to correct these homeless issues as stated in the Orange County Catholic Workers Settlement Agreement. There are TONS of vacancies in ALL OF THE HOMELESS SHELTERS WE BUILT, yet APD in conjunction with CityNet and Illuminations foundation sit back, collect their paychecks, while the community suffers! Has ANY OF YOU READ THE OCCWSA? All 51 pages? In response to Mr Sandez' heart -felt and agonizing plea to this City to DO SOMETHING, I went out there this morning and this is just a FRACTION of what I found! (See my photos, followed by a copy of Mr Sande.' email to Council). I took the time to write Anaheim Anytime Requests for these areas on behalf of Mr Sandez, but APD HOT will get out there, say they SEE NOTHING, and will close out the AAR (Anaheim Anytime Request). This city continues to send the community into a vicious circle of dog chasing tail, while APD spends our tax dollars racing to .Tim's Super Burgers every morning, RIGHT AFTER BRIEFING, and then have breakfast for 30-45 minutes. On behalf of assisting Mr Sandez, something that councilperson BRANDMAN should be doing, see the fallowing. ABSOLUTELY DISGUSTED AFTER FOUR YEARS OF TRYING TO FIX THIS CRAP, Kathy Chance 30+ year homeowner West Anahiem, District 1 RYAN BALIUS FOR DISTRICT 1 2020!!!!} MON 9.14.2[}20 0559 hrs 7-11 Brookhurst/Orange Extreme trash over -flaw!! Black male transient laying in front of store front.. MON 9.14.2020 0559 hrs f Nail Ave 14 598 S Brvvkhurst St r /1 i ♦ ! *L_ Homeless Public Comment From: Mario Sandez Sent Friday, September 11, 2020 9:28 AM To: Public Comment Subject: Attention DISTRICT 2 Hello, lam resident of District 2 and have been for over 20 years and my concerns are on the subject of transients in my neighborhood. I live near Brookhurst and Orange and me and my family walk to Cortina's, In N Out, and Stater Bro'a quite often. Over the past several weeks I have noticed an abundance of transients in that area. My concerns are for the safety of my children and all children in our city, I feel like city officials have turned a blind eye to the obvious and now I feel like this "look" is the new normal and that is unacceptable! i have been in contact with SGT Enriquez of homeless outreach and from what I gathered is that their hands are tied from a legal standpoint on what can be done, again unacceptable! Our city needs to be cleaned up! What is tie solution? To be frank, I am sick of tired people of seeing these individuals in my neighborhood l! Please restore safety in our city! Mario Sandez Public Comment From: KATHY CHANCE Sent: Monday, September 14`2O2OS:20PM To: Theresa Bass; Public Comment Subject: In FAVOR of selling Angel Stadium of Anaheim to SRB In, a//Z'111/1�,M Kathy Chance 30+ year Homeowner West Anaheim - District I 1 Public Comment From: CarlottaRhea Clark Sent: Tuesday, September 15, 2020 9:40 AM To: Public Comment Subject: Public Comment for Tonight's Meeting To the Anaheim City Council: As a concerned resident of the Packing District/Historic area I have watched the growth over the last 6 years with multiple condos and townhomes. I have tried contacting Republic Services but they have referred me to you. I would like to get smaller trash bins available to Anaheim residents. With the thousands of condos/townhomes built over the last few years with every single one having their own bins taking up quite a bit of space in the small areas we have. Not only that but many residents are becoming more aware of their trash and creating less trash and many have not as many people in one home. I take out on average 1 trash bag per week in my household. That's it, just 1! Many of my neighbors are the same way. Why can't we have smaller bin options like other cities? Costa Mesa, Irvine, Laguna Beach, Mission Viejo, Newport Beach, Santa Ana and others have a 35 gallon cart option that would be perfect for so many homes in Anaheim. Please make this an option for us here in Anaheim. Carlotta Clark Public Comment From: Mark Daniels Sent: Tuesday, September 15, 2020 11:09 AM To: Public Comment Subject: Angel Stadium Voice of the OC. "OC Judge Allows Resident Lawsuit Against Angel Stadium Sale to Proceed, Mayor Sidhu Might Testify." I do believe that, giving the fact the Judge, has consented to hear this case, and putting the city of Anaheim 'again' on the defense and the costly amount of a trial, I do believe that The Mayor & City Council (majority) should resend this deal, call off of sale and transfer of the stadium and surrounding properties, because you do not want to go to a trial under these circumstances, there is still a question of the Brown ACT violations, had so many turns the council under the "Covic 19, World" we find ourselves living in and your Teleconference Council Meetings, were in all likelihood there is collusion and violation of the Brown ACT... Since the public has no direct input other than 'This' email, and many others you will received due to the events of the last few days and the utter disregard for the Public's interest. Should the court find in favor of the plaintiffs, the Mayor and Council Majority should submit their resignations Immediately. Please keep in mind, That there is a movement to Recall the Mayor of Anaheim.... And by your actions, and the Court's willingness to hear this case you have indeed giving this recall effort life that it might not have had before. Mark Richard Daniels Born in Anaheim and a lifelong resident. Public Comment From: DAVID DURAN Sent: Tuesday, September 15, 2020 1:54 PM To: Public Comment Cc: Harry Sidhu (Mayor); Denise Barnes; Jordan Brandman; Jose Moreno; Lucille Kring; Stephen Faessel; Trevor O'Neil Subject: PUBLIC COMMENT Q. Why are "we the people" not being allowed to participate live during public comments when technology is available to do so? The city of Anaheim continues to jeopardize the economic stability of the city by continuing to support Mayor Harry Sidhu by not speaking out against the alleged unlawful actions of the mayor and the majority (Steven Faessel, Lucille Kring, Trevor O'Neil, and Jordan Brandman) of the city council. A long list of mayors throughout the country have been found guilty for their unlawful actions, motivated personal gains, and corrupt alliances with other entities that benefit from the mayor's and city council members support and contributions. Evidence that the city elected leadership is currently identified, is the current suit that addresses the alleged unlawful compliance with he Brown Act and failed transparency that the law requires. Next steps for this city and the mayor could be the unlawful actions and failed transparency in accordance with the Hobbs Act, Travel Act, RICO, etc. just to name a few. Attempting to negotiate and sell the cities largest asset in the dark of night is currently being investigated in the court system. What's next Anaheim? Who's willing to do the right thing by falling on their sword and coming clean by providing the much needed transparency that the public is demanding? If the answer is no one .... the public is poised and positioned to add elected's to the long and growing list of mayor's and city council members convicted of wrong doing.... David L. Duran Orange County, California cell: email: Breach of confidentiality & accidental breach of confidentiality This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Public Comment From: DAVID DURAN Sent: Tuesday, September 15, 2020 10:59 PM To: Public Comment Cc: Harry Sidhu (Mayor); Denise Barnes; Jordan Brandman; Jose Moreno; Lucille Kring; Stephen Faessel; Trevor O'Neil; Kelly Aviles Subject: Re: PUBLIC COMMENT It is horrific that the public is unable to interact through public comment; yet, you provide developers and others to access and present. The malicious and calculated effort to ignore and neglect public participation is not acceptable! Please reply with the complete "verbatim" transcript of tonights meeting. The technology continues to fail and it is the public's right to the detailed and accurate access to this meeting. The online access to the meeting continues to "go silent" except to notice toilet flushing in the background. Stop ignoring the Brown Act requirements! In addition, the PowerPoint presentations were illegible online. So, I am also requesting a digital copy of the Powerpoints presented during the meeting. Your immediate response is greatly appreciated. Respectfully, Dave Duran On Tue, Sep 15, 2020, 1:54 PM DAVID DURAN wrote: Q. Why are "we the people" not being allowed to participate live during public comments when technology is available to do so? The city of Anaheim continues to jeopardize the economic stability of the city by continuing to support Mayor Harry Sidhu by not speaking out against the alleged unlawful actions of the mayor and the majority (Steven Faessel, Lucille Kring, Trevor O'Neil, and Jordan Brandman) of the city council. A long list of mayors throughout the country have been found guilty for their unlawful actions, motivated personal gains, and corrupt alliances with other entities that benefit from the mayor's and city council members support and contributions. Evidence that the city elected leadership is currently identified, is the current suit that addresses the alleged unlawful compliance with he Brown Act and failed transparency that the law requires. Next steps for this city and the mayor could be the unlawful actions and failed transparency in accordance with the Hobbs Act, Travel Act, RICO, etc. just to name a few. Attempting to negotiate and sell the cities largest asset in the dark of night is currently being investigated in the court system. What's next Anaheim? Who's willing to do the right thing by falling on their sword and coming clean by providing the much needed transparency that the public is demanding? If the answer is no one .... the public is poised and positioned to add elected's to the long and growing list of mayor's and city council members convicted of wrong doing.... David L. Duran Orange County, California cell: email: Breach of confidentiality & accidental breach of confidentiality This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.