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01/26/2021ANAHEIM CIN COUNCIL REGULAR MEETING OF JANUARY 26, 2021 The regular meeting of January 26, 2021, was called to order at 3:08 P.M. in-person and telephonically, pursuant to Governor Newsom's Executive Order N-29-20 (superseding the Brown Act related provisions of Executive Order N-25-20) in response to COVID-19. The meeting notice, agenda, and related materials were duly posted on January 21, 2021. MEMBERS PRESENT: Mayor Harry Sidhu and Council Member Avelino Valencia (in-person). Mayor Pro Tem Stephen Faessel and Council Members Jose F. Moreno and Trevor O'Neil (via teleconference). Council Member Jose Diaz joined the meeting at 3:11 P.M. (in person). Council Member Jordan Brandman joined the meeting during Closed Session (in person). 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 this Closed Session was a biennial summary of litigation. He further announced Item No. 03 pertained to a November 13, 2020, officer -involved shooting of Raul Sanchez, and Item No. 04 pertained to an August 29, 2020, officer -involved shooting of Jesse Nava. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 3:12 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 California Government Code Section 54956.9: One potential case (A copy of the claim against the City is included in the agenda packet and available for review by contacting the City Clerk's Office and on-line electronically with the agenda at: www. anaheim. nef/councilagendas.) 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: One potential case (A copy of the claim against the City is included in the agenda packet and available for review by contacting the City Clerk's Office and on-line electronically with the agenda at: www. anaheim. net/councilagendas.) 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: One potential case City Council Minutes of January 26, 2021 Page 2 of 23 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: One potential case 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case 6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Valenzuela, Fermin v. City of Anaheim, et al., USDC Case No. 8:17-cv-00278 CJC 7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Eisinger, Katrina, et al. v. City of Anaheim, et al., OCSC Case No. 30-2018 01035259 8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Perkins, Teresa, et al. v. City of Anaheim, et al., USDC Case No. 8:19-cv-00315 JLS 9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Hadley, Michelle v. City of Anaheim, et al., USDC Case No. 8:18-cv-01831 DOC 10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: D.R., by and through her guardian ad-litem, Vanessa Gonzalez, et al. v. City of Anaheim, USDC Case No. 8:20-cv-00659 DOC 11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Emmanuel, Elis, et al. v. City of Anaheim, et al., USDC Case No 8:20-cv-00482 SB 12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Pelayo, Florintina, et al. v. City of Anaheim, et al., USDC Case No. 8:19-cv-02318 MCS 13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Security National Insurance v. City of Anaheim, USDC Case No. 8:20-cv-00518 JVS 14. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Palmer, Ashlee v. City of Anaheim, OCSC Case. No. 30-2017 00938646 City Council Minutes of January 26, 2021 Page 3 of 23 15. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Kessner, Bonnie, et al. v. City of Santa Clara, et al., Santa Clara County Case No. 20CV364054 16. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Gov5ernment Code Name of Case: Turner Construction Company v. City of Anaheim, et al., OCSC Case No. 30-2017 00956538 17. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Peoples Homeless Task Force v. City of Anaheim, OCSC Case No. 30-2020-01174133 18. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Harrell, Andrew v. City of Anaheim, et al., OCSC Case No. 30-2020- 01166247 19. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Suarez, David v. City of Anaheim, OCSC Case No. 30-2020-0114746 20. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Lucero, Marco v. City of Anaheim, OCSC Case No. 30-2020-01154486 21. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Utzman, Cyndi, et al. v County of Orange, City of Anaheim, et al., OCSC Case No. 30-2020-01174005 22. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Sialic Contractors, et al. v. City of Anaheim, OCSC Case No. 30-2020 01170500 At 5:01 P.M., Mayor Sidhu reconvened the Anaheim City Council. MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Jose Diaz, Jordan Brandman, and Avelino Valencia (in-person). Mayor Pro Tem Stephen Faessel and Council Members Jose F. Moreno and Trevor O'Neil (via teleconference). INVOCATION: Council Member Avelino Valencia FLAG SALUTE: Council Member Jordan Brandman City Council Minutes of January 26, 2021 Page 4 of 23 PRESENTATION: Recognizing Anaheim Resident Robert Bruce Beamer's 100th Birthday on January 29, 2021 Mayor Pro Tem Faessel noted it was appropriate to recognize a centenarian and veteran who has lived most of his life in Anaheim. Acceptance of Other Recognitions (To be presented at a later date): Recognizing February 2021, as Black History Month Recognizing February 2021, as American Heart Month Recognizing February 2021, as Career and Technical Education Month ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass announced that, for Item No. 19, Council Member Brandman requested the District 2 appointment to the Cultural and Heritage Commission be continued to a later date. Council Member Valencia requested the District 4 appointment to the Housing and Community Development Commission also be continued to a later date. PUBLIC COMMENTS (all agenda items): City Clerk Theresa Bass reported that seven (7) public comments were received electronically prior to 1:00 P.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of eight (8) 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. Brian Kaye congratulated Council Members Moreno and Valencia for their newly -appointed positions on the City Council. He cited similarities between his family and that of Council Member Moreno, alleged City Council was not receptive to his petitions, believed the City was not helping the homeless, and criticized a lack of communication between leaders and residents. S.R. Lockwood stated he would submit comments in writing. Matthew addressed financial obligations and decisions made by the City Council, including the sale of Angel Stadium, the debt of the City, pay raises for the Anaheim Police Department, and providing $6,000,000 of federal relief funds to Visit Anaheim with no return of unused funds. He also addressed a lack of accessibility to meetings as they were not conducted via Zoom and campaign donations received by the newly -elected Council members. He believed much had been going on in the City while keeping the public in the dark. Donna Acevedo -Nelson stated her son, Joel, was killed by the Anaheim Police Department in 2012 and criticized the inability to address the City Council in person recently. She noted that, on July 25, 2020, a protester was hit by a police car and the public was unable to obtain the name of the officer; she requested to know the name of the officer. Vern Nelson stated 10 months was a long time not to have been able to comment directly and advised every other town in Orange County had figured out how to receive comments via Zoom or Webex. He congratulated Council Member Moreno on being inducted into the International City Council Minutes of January 26, 2021 Page 5 of 23 Educator's Hall of Fame. He addressed the recent election and campaign contributions, particularly from Disney, police and fire unions, and developers. He encouraged residents to get vaccinated. He expressed hope that Council Members Diaz and Valencia would be honest. CITY MANAGER'S UPDATE: City Manager Jim Vanderpool announced the Anaheim Public Library has a new application allowing patrons to manage accounts, keep track of reading history, renew books, and place holds. He further noted the application includes enhanced searching capabilities, digital library card option, and noted users can explore future events, find their nearest library, and can link multiple cards to one account. The advised the application is available for download by searching "Anaheim Public Library" in online application stores. CONSENT CALENDAR: At 5:30 P.M., the consent calendar was considered with Council Member Moreno pulling Item No. 11, Council Member Diaz pulling Item Nos. 13 and 15, and Council Member O'Neil pulling Item No. 16 for separate discussion and consideration. MOTION: Council Member Valencia 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 Council Member Diaz. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. 8105 1. Receive and file minutes of the Library Board meeting of December 14, 2020. AGR- 2. Determine, on the basis of the evidence submitted by PDC Anaheim Properties, LLC that the 10349 property owner has complied in good faith with the terms and conditions of Development Agreement No. 2015-00001 for the 2020 review period for the LT Platinum Center mixed-use project located in the Platinum Triangle (northeast corner of Orangewood Avenue and State College Boulevard). D180 3. Waive the sealed bid requirement of Council Policy 4.0 and authorize the issuance of master agreement(s), in a total amount not to exceed $300,000, as necessary to provide the pumping services for trailers used for housing homeless individuals requiring isolation due to the current pandemic for the period ending June 30, 2021. AGR- 4. Award the construction contract to the lowest responsible bidder, Asplundh Construction LLC, 12545 in the amount of $11,660,963.38 plus a 10% contingency, for the construction of Underground District No. 65 Phase 2 Santa Ana Canyon Road Project; authorize the Director of Public Works to execute the contract and related documents, and to take the necessary actions to implement and administer the contract; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. AGR 12546 5. Award the contract to the lowest responsible bidder, Hardy & Harper, Inc., in the amount of $654,000, for the East Street Rehabilitation from La Palma Avenue to Burton Street Project; authorize the Director of Public Works to execute the contract and related documents, and to take the necessary actions to implement and administer the contract; determine the project is categorically exempt under the California Environmental Quality Act pursuant to Class 1, Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. City Council Minutes of January 26, 2021 Page 6 of 23 AGR- 6. Approve Amendment No. 1 to Cooperative Agreement No. MA -080-19010444 with the County 11151.1 of Orange for the Brookhurst Street Widening, Phase 2 Project, increasing the County's contribution by $710,000 for a total of $3,210,000 and increasing Anaheim's pro -rata cost share by $505,000 for a total cost of $720,000; changing the term of the agreement by removing the time limits for construction; adjusting the City and County boundary; and amending the County's contribution towards the landscape maintenance expense until right- of-way boundary adjustments are finalized. AGR- 7. Approve the Final Map and Subdivision Agreement with Avanti-Anaheim, L.P. for Tract No. 12542 18170, located at 100-394 W. Cerritos Avenue, to establish a one numbered condominium lot map for 292 single-family attached condominium units. AGR- 8. Approve a License Agreement with Orange County Transportation Authority, with a one-time 12543 license fee of $1,500, for a water main crossing at Tustin Avenue between Miraloma Avenue and Jefferson Street; and authorize the Public Utilities General Manager to execute the agreement and related documents, and to take the necessary actions to implement and administer the agreement. AGR- 9. Approve the In -Lieu Treated Deliveries Agreement with the Metropolitan Water District of 10738.A Southern California and the Municipal Water District of Orange County to receive surplus water supplies through 2027 when available and needed to preserve groundwater supplies; and authorize the Public Utilities General Manager, or designee, to execute the agreement and any related documents, including in -lieu treated water delivery purchase agreements and other related written authorizations or requests, and to take the necessary actions to implement and administer the agreement. AGR- 10. Approve the Canine Transfer, Release and Indemnification Agreement with Officer Brian 12544 Bonczkiewicz transferring ownership of retired Police Service Dog "Ivan" to Officer Bonczkiewicz, and authorize the Chief of Police to execute the agreement. P124 12. RESOLUTION NO. 2021-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein [City Deed Nos. 12399 (1430 E. Triad Street and 1589 E. Gene Autry Way); 12407 (2357 W. Moro Place); 12408 (809 S. Knott Avenue); 12411 (2500 W. Eola Drive); 12448 (908 N. Sabina Street); 12449 (2720 W. Lincoln Avenue); 12481 (1942 W. Cerritos Avenue); 12482 (1802 E. Arbutus Avenue); and 12490 (500 N. Sunkist St.); for public right-of-way purposes]. E127 14. ORDINANCE NO. 6505 (INTRODUCTION) AN (UN -CODIFIED) ORDINANCE OF THE CITY OF ANAHEIM establishing the campaign contribution limit for the election cycle commencing January 1, 2021, pursuant to Anaheim Municipal Code Section 1.09.050 (campaign contribution limit increasing from $2,100 to $2,200). M142 17. ORDINANCE NO. 6503 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF D154 THE CITY OF ANAHEIM amending Chapter 1.05 of Title 1 of the Anaheim Municipal Code to include Ambulance Operators as members in the exempt service [introduced at Council meeting of January 12, 2021, Item No. 18]. City Council Minutes of January 26, 2021 Page 7 of 23 RESOLUTION NO. 2021-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the Ambulance Operator job classification, rates of compensation, and pay policies. RESOLUTION NO. 2021-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2016-033, as amended, adopting Personnel Rules Covering Management, Confidential, and Non -Represented Part -Time Employees, establishing a new employee group of Ambulance Operator, and defining terms and conditions of employment [finalize and implement the Anaheim Emergency Medical Transportation Program]. D114 18. Approve minutes of the City Council meetings of March 26, 2020 and April 7, 2020. END OF CONSENT CALENDAR: R100 11. RESOLUTION NO. 2021-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or their designee to submit an application to the State Department of Parks and Recreation for the Statewide Park Development and Community Revitalization Program Grant for the expansion and renovation of La Palma Park and if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly (grant funds in the amount up to $8,500,000). Interim Community Services Director Sjany Larson -Cash reported this item is to approve a grant application to the State to expand and improve La Palma Park. She advised the $8,500,000 award would cover 11 acres on the west side of the park including accommodations for special events, dedicated soccer fields, improved restrooms, new playgrounds, walking paths, picnic areas, and a safer connection to the parking lot across the street. Ms. Larson -Cash reported these changes came from input provided at multiple community meetings as the Master Plan was being developed and advised the estimated cost of the project is $15,000,000. She reported the grant funds, if approved, would be used for the community -requested improvements. She advised park in -lieu fees and proceeds would fund the remaining costs. She advised the grant application is due in March with award announcements expected in late summer. DISCUSSION: Council Member Moreno congratulated Ms. Larson -Cash for being named the Interim Director of the Community Services Department and praised her work. He expressed excitement about the project and appreciation that staff has been diligent about this being a community park. He advised there is a vacant building north of the park and questioned its potential use. He thanked staff for this project in District 3. Council Member Brandman recalled walking the park years ago with Ms. Larson -Cash who envisioned a better space. He noted that dream is manifested in this proposal, congratulated her, and anticipated seeing what she has planned. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2021-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or their designee to submit an application to the State Department of Parks and Recreation for the Statewide Park Development and Community Revitalization Program Grant for the expansion and renovation of La Palma Park and if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly, seconded by Council Member Brandman. City Council Minutes of January 26, 2021 Page 8 of 23 DISCUSSION: Council Member Valencia stated it was always good to vote for more green space. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2021-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or their designee to submit an application to the State Department of Parks and Recreation for the Statewide Park Development and Community Revitalization Program Grant for the expansion and renovation of La Palma Park and if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly, seconded by Council Member Brandman. AYES — 7 (Mayor Sidhu and Council Members Faessel, Brandman, Diaz, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. Resolution approved. M142 13. ORDINANCE NO. 6504 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Chapter 14.70 to Title 14 of the Anaheim Municipal Code to prohibit participating in or being a spectator at a street race or reckless driving exhibition, and repealing Sections 14.32.084 and 14.32.183 of the Code and relocating them as modified in Chapter 14.70. Police Chief Jorge Cisneros reported Anaheim had over 1,500 calls for service for street racing in 2020, which was an increase of 91 % from 2018 and 2019. He advised, that while not always reported due to connection to illegal activity, 11 street racing -related traffic accident reports were written in 2020, including three (3) with injuries and three (3) hit -and -runs. He advised a December 2020 street racing event at Wagner Avenue and Sunkist Street would cost the City over $3,000 in repairs. He advised 60 individuals were either booked or cited in 2020 for their involvement in street racing or exhibition of speed incidents. Chief Cisneros reported the proposed ordinance has been used by other cities, including Ontario, Fontana, San Diego, and Stockton, with positive effect. He advised the ordinance addresses spectators and noted spectators can slow response times, cause accidents, and impact egress times. DISCUSSION: Council Member Diaz advised he pulled the item because street racing is becoming increasingly popular in Anaheim and it is very dangerous to all involved, including spectators and the innocent bystanders living in neighboring homes. He noted there have been too many accidents, too many lives lost, and thanked Chief Cisneros for introducing the item. MOTION: Council Member Diaz moved to introduce ORDINANCE NO. 6504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Chapter 14.70 to Title 14 of the Anaheim Municipal Code to prohibit participating in or being a spectator at a street race or reckless driving exhibition, and repealing Sections 14.32.084 and 14.32.183 of the Code and relocating them as modified in Chapter 14.70, seconded by Council Member O'Neil. DISCUSSION: Council Member Valencia advised street racing has been an issue in the City at large. He advised he has recently heard it just a block or two from his house several times. He reported residents often express concerns about this issue, he expressed his appreciation for the Anaheim Police Department's (APD) work on the ordinance, and advised he is open to exploring other measures to eliminate the problem. Mayor Pro Tem Faessel thanked Council Member Diaz for pulling the item so they can add some comments. He advised he receives weekly calls about street racing. He noted the Wagner Avenue incident mentioned by Chief Cisneros is near his residence and thanked APD for bringing the ordinance forward. City Council Minutes of January 26, 2021 Page 9 of 23 In response to Mayor Pro Tem Faessel's inquiry, Chief Cisneros advised the ordinance would create a misdemeanor for spectating, with penalties of up to a year in jail or up to a $1,000 fine. He urged citizens and businesses to continue to call the APD for a better response than over social media. Council Member Moreno reported he also receives regular calls about street racing and expressed his full support for the efforts to stop the problem. He expressed concerns about the spectator question and someone simply being caught up in a crowd. In response to Council Member Moreno's inquiry, Chief Cisneros noted he did not want to speak for the City Attorney but believed the City would be interested in pursuing penalties at the lower levels to change behavior. He advised they want to make sure the roads are used for their intended purpose and it is a safe environment for all individuals. He agreed with Council Member Moreno about there being many young spectators but noted the events remain very dangerous and the presence of spectators can hinder police pursuits. City Attorney Robert Fabela explained, in his prosecutorial role, they often make discretionary decisions in the name of justice and this would be the sort of case they would review. He advised he has spoken to other cities with similar ordinances and they have found them to be a useful tool. Council Member Moreno expressed concerns about starting a penal pipeline for young people who make innocent mistakes. He encouraged it to be used as an educational tool to help learn about the consequences of actions. He cautioned he would not like to see generally innocent bystanders or otherwise good kids be over -punished. MOTION: Council Member Diaz moved to introduce ORDINANCE NO. 6504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Chapter 14.70 to Title 14 of the Anaheim Municipal Code to prohibit participating in or being a spectator at a street race or reckless driving exhibition, and repealing Sections 14.32.084 and 14.32.183 of the Code and relocating them as modified in Chapter 14.70, seconded by Council Member O'Neil. AYES — 7 (Mayor Sidhu and Council Members Faessel, Brandman, Diaz, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. Ordinance introduced. C280 15. ORDINANCE NO. 6506 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL C420 OF THE CITY OF ANAHEIM amending Chapters 17.08 (Subdivisions); 18.04 (Single -Family Residential Zones); 18.06 (Multiple -Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.14 (Public and Special -Purpose Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone); 18.30 (Downtown Mixed Use (DMU) Overlay Zone); 18.32 (Mixed Use (MU) Overlay Zone); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.44 (Signs); 18.46 (Landscaping and Screening); 18.56 (Nonconformities); 18.60 (Procedures); 18.62 (Administrative Reviews); 18.80 (Fees); 18.92 (Definitions); 18.114 (Disneyland Specific Plan No. 92-1 (SP 92-1)); 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)); 18.118 (Hotel Circle Specific Plan No. 93-1 (SP 93-1)); 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 Title 17 (Land Development and Resources) and Title 18 (Zoning) 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, Section 15061(b)(3) because it will not have a significant effect on the environment (Zoning Code Amendment No. 2020-00175) (Adjustment No. 15 to the Disneyland Specific Plan No. 92-1 City Council Minutes of January 26, 2021 Page 10 of 23 (SP 92-1) (SPN92-1 U)) (Adjustment No. 12 to the Anaheim Resort Specific Plan No. 92-2 (SP 92-2) (SPN92-2BB)) (Adjustment No. 11 to the Hotel Circle Specific Plan No. 93-1 (SP 93-1) (SPN93-1 K)) (Adjustment No. 11 to the Anaheim Canyon Specific Plan No. 2015-1 (SP 2015- 1) Zoning and Development Standards (SPN2015-00001 K)) (Adjustment No. 4 to the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards (SPN2017-00001 D)) (DEV2020-00185) [Code Streamlining and Improvement Program Zoning Code Amendment]. Planning and Building Director Ted White reported this is a City -initiated item to amend several portions of the Anaheim Municipal Code as part of the City's ongoing code streamlining and improvement program. He advised the Planning Commission reviewed these proposed changes and recommended City Council approval. Mr. White mentioned several of the more significant proposed changes. He reported the residential changes include allowing for private residential greenhouses in RS -3 and RS -4 zones. He advised sheds between 121 and 200 square feet and under eight (8) feet in height can be located five (5) feet from side and rear property lines. He noted walls and fences up to seven (7) feet tall would now be permitted if a rear or side yard faces an arterial street. He advised stand-alone pilasters with or without light fixtures could be eight (8) feet tall. Mr. White advised changes to commercial codes were to allow for more flexibility include reducing setbacks, changes to freeway -oriented signs, the ability to add wall signs to architectural features, new interior setbacks for the Anaheim Canyon Specific Plan, expanded outdoor dining in the Anaheim Resort, and permit streamlining for special events in areas like the Honda Center and Angel Stadium which are transitioning to being privately -owned. Mr. White recommended approving the amendments to help establish clearer standards, procedures, and definitions. DISCUSSION: In response to Council Member Diaz's inquiry, Mr. White stated the walls detailed in sections 48 and 49 are common in the area for homeowner privacy. He advised this would allow for existing walls to be one (1) foot taller than the current six (6) foot limit. He noted staff had originally recommended an eight (8) foot wall but the Planning Commission recommended seven (7) feet as a matter of aesthetics. He advised seven (7) feet is consistent with the height restriction which does not require a building permit. He advised typically there need to be engineering plans for an eight (8) foot wall. Council Member Diaz advised it is a quality of life issue for residents. He explained one (1) extra foot was not much for aesthetics but a huge difference for sound and was significant near main roads. MOTION: Council Member Diaz moved to introduce the proposed ordinance, as amended, with a revision to Section 48, Table 46-B, increasing the allowed height of fencing within the required side, rear, or interior setbacks in the single-family residential zone from seven (7) feet to eight (8) feet, seconded by Council Member Valencia. DISCUSSION: Council Member Valencia echoed the remarks of Council Member Diaz about the height of the walls. Council Member O'Neil reported extensions to these walls were often not made with the same material. He advised a concern about seven (7) feet is if someone who wanted to match his neighbors at eight (8) feet and do things right would be told by the City they could not build past City Council Minutes of January 26, 2021 Page 11 of 23 seven (7) feet. He noted eight (8) feet was more common and it made sense to remain consistent. He thanked Council Member Diaz for raising this issue and expressed support for the motion. Mayor Pro Tem Faessel stated appreciation for Council Member Diaz proposing the higher wall limit. In response to Mayor Pro Tem Faessel's inquiries, Mr. White advised the current code allows for higher than six (6) feet with a sound attenuation study. He advised, under the proposal, anything over eight (8) feet could still be constructed with a sound attenuation study and not need a variance. He clarified the proposed code would allow for up to eight (8) feet before requiring a variance. City Attorney Robert Fabela advised the original motion made by Council Member Diaz is the only motion on the floor. MOTION: Council Member Diaz moved to introduce ORDINANCE NO. 6506 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapters 17.08 (Subdivisions); 18.04 (Single -Family Residential Zones); 18.06 (Multiple -Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.14 (Public and Special -Purpose Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone); 18.30 (Downtown Mixed Use (DMU) Overlay Zone); 18.32 (Mixed Use (MU) Overlay Zone); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.44 (Signs); 18.46 (Landscaping and Screening); 18.56 (Nonconformities); 18.60 (Procedures); 18.62 (Administrative Reviews); 18.80 (Fees); 18.92 (Definitions); 18.114 (Disneyland Specific Plan No. 92-1 (SP 92-1)); 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)); 18.118 (Hotel Circle Specific Plan No. 93-1 (SP 93-1)); 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 Title 17 (Land Development and Resources) and Title 18 (Zoning) 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, Section 15061(b)(3) because it will not have a significant effect on the environment (Zoning Code Amendment No. 2020-00175) (Adjustment No. 15 to the Disneyland Specific Plan No. 92-1 (SP 92-1) (SPN92-1 U)) (Adjustment No. 12 to the Anaheim Resort Specific Plan No. 92-2 (SP 92-2) (SPN92- 2BB)) (Adjustment No. 11 to the Hotel Circle Specific Plan No. 93-1 (SP 93-1) (SPN93-1 K)) (Adjustment No. 11 to the Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards (SPN2015-00001 K)) (Adjustment No. 4 to the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards (SPN2017-00001 D)) (DEV2020- 00185), as amended, with a revision to Section 48, Table 46-B, increasing the allowed height of fencing within the required side, rear, or interior setbacks in the single-family residential zone from seven (7) feet to eight (8) feet, seconded by Council Member Valencia. AYES — 7 (Mayor Sidhu and Council Members Faessel, Brandman, Diaz, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. Ordinance introduced, as amended. C280 16. ORDINANCE NO. 6502 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapters 18.42 (Parking and Loading), and 18.92 (Definitions) of Title 18 (Zoning) 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 15061 (b)(3) (Zoning Code Amendment No. 2019-00166) (DEV2019-00110) [modify residential parking standards and the definition of a "bedroom"; introduced at Council meeting of January 12, 2021, Item No. 15]. City Council Minutes of January 26, 2021 Page 12 of 23 DISCUSSION: Council Member O'Neil reported they had received several public comments on the issue of tandem parking. He advised several residents asked for the cap to be reinstated but he noted there has never been a cap. He advised the Planning Commission recommended a 20% cap but the City Council declined to implement it. He clarified this ordinance has nothing to do with tandem parking but only revises the definition of a bedroom and increases the number of required parking spaces for single-family residences in RS -4 zoned neighborhoods. MOTION: Council Member O'Neil moved to adopt the ordinance as presented, seconded by Council Member Valencia. DISCUSSION: Mayor Pro Tem Faessel asked his colleagues to reconsider their votes from the last meeting relative to tandem parking. He advised he is the only Council Member who has served on the Planning Commission and acknowledged the experience may have given him a different perspective on this item. He noted it was well -vetted by staff and was the result of two years of outreach, including a pair of workshops. He noted the Planning Commission unanimously supported the item. He advised tandem parking is a less desirable residential product and is seen as an inconvenience. Mayor Pro Tem Faessel reported there may be no item other than homelessness they hear more about as Council Members than parking. He suggested the move should not be to eliminate tandem parking but rather to improve the quality of the housing product. He relayed the Planning Commission heard an item last week about a very dense housing project in West Anaheim with over 50% tandem parking. He noted it was not supported by all of the residents. He noted one tool the Planning Commission could have used to help improve the project could have been a maximum limit on the tandem parking but the tool was not at their disposal. Mayor Pro Tem Faessel noted the City has the potential for many in -fill projects. He expressed uncertainty that allowing 100% tandem parking improves the quality of a project. He advised he certainly continued housing projects as a Planning Commissioner to improve their quality. He cautioned that every district would eventually be affected by this decision. He suggested a higher cap than 20% if needed, but believed there should be consideration given to a limit. He encouraged his colleagues to reconsider their votes. Council Member Valencia noted Council Member O'Neil advised the issue of tandem parking was not in front of them and they were not voting on it. In response to Council Member Valencia's inquiries, Mr. White explained he did not have a percentage but tandem parking was not very common in new developments as developments go by the market-based consideration to use a traditional parking configuration. He advised they do see tandem parking more often on lots with odd dimensions, but it remains less than half of the projects overall. He advised, if land values continue to rise as well the cost of construction, he would expect more developers to use a tandem configuration due to the efficiency of the design. He clarified tandem parking does not require as much area as a traditional configuration and it can be a tool to configure parking spaces efficiently. He advised tandem parking may also eliminate the need to either build another level onto a parking garage or go subterranean for the extra level, both of which would add costs. He explained tandem parking provides for greater efficiency in land usage, along with making the units less desirable, both of which can potentially translate into the affordability of the housing. In response to Mayor Pro Tem Faessel's previous comments, Council Member O'Neil explained they were not voting on tandem parking, only the number of spaces in an RS -4 Zone and the definition of City Council Minutes of January 26, 2021 Page 13 of 23 a bedroom. He advised Council Members could bring a separate item at a later date involving tandem parking regulations. Council Member Moreno agreed with Mayor Pro Tem Faessel. He advised he also sees the value of the ordinance as currently written. He expressed appreciation for Mayor Pro Tem Faessel's tone and acknowledgment of the many letters received about tandem parking over the past two weeks. He advised several districts will only have in -fill projects squeezed into small acreage. He advised the City Council can add measures to help make this housing more affordable. SUBSIDIARY MOTION: Council Member Moreno moved to amend the motion to amend the ordinance to reinstate the 20% cap on tandem parking as previously presented by staff. DISCUSSION: City Attorney Robert Fabela clarified an amendment to an ordinance at the adoption stage would be a reintroduction of the ordinance and there would have to be another meeting to adopt the ordinance. He advised City Council should keep this in mind if considering revisions to the ordinance. Mayor Pro Tem Faessel expressed concern about a potential amendment. He agreed with Council Member O'Neil's suggestion of specifically bringing the tandem parking back to City Council independently in the future as opposed to complicating tonight's action. He stated, otherwise, he would support Council Member Moreno's amendment. The subsidiary motion failed for lack of a second. Mayor Sidhu advised there was a lot of discussion at the first reading of the ordinance and noted the amendments made were the correct ones. He agreed with those who believe increasing tandem parking would contribute to the housing shortfall. He noted staff could find no hard evidence of tandem parking causing overflow into neighborhoods. He advised the issue of tandem parking could come back for further discussion in the future. MOTION: Council Member O'Neil moved to adopt ORDINANCE NO. 6502 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapters 18.42 (Parking and Loading), and 18.92 (Definitions) of Title 18 (Zoning) 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 15061 (b)(3) (Zoning Code Amendment No. 2019-00166) (DEV2019-00110), seconded by Council Member Valencia. AYES — 6 (Mayor Sidhu and Council Members Faessel, Brandman, Diaz, Valencia, and O'Neil); NOES — 0; ABSTAIN — 1 (Council Member Moreno). Motion carried. Ordinance adopted. 8105 19. Consider (re)appointments to certain city Boards and Commissions to serve terms through December 31, 2022, and December 31, 2024; consider District 2 appointment of an unscheduled vacancy on the Cultural and Heritage Commission for a term ending December 31, 2022; and consider (re)appointments to the Sister City Commission to serve terms through June 30, 2023 (continued from Council meeting of January 12, 2021, Item No. 17; with the exception of the District 2 Cultural and Heritage Commission vacancy). Budget, Investment and Technology Commission (3 appointments): District 1 appointment: Paul Dallura (December 31, 2024) City Council Minutes of January 26, 2021 Page 14 of 23 Council Member Diaz nominated Paul Dallura. DISCUSSION: In response to Mayor Sidhu's inquiry, City Clerk Theresa Bass confirmed appointments must be ratified by a majority. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. District 4 appointment: John Noteboom (December 31, 2024) Council Member Valencia nominated John Noteboom. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. District 5 appointment: David (D.R.) Heywood (December 31, 2024) Mayor Pro Tem Faessel nominated David (D.R.) Heywood. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. Community Services Board (3 appointments): District 1 appointment: District 1 appointment continued to a later date. (December 31, 2024) District 4 appointment: Craig Farrow (December 31, 2024) Council Member Valencia nominated Craig Farrow. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. District 5 appointment: Ryann Higgins (December 31, 2024) Mayor Pro Tem Faessel nominated Ryann Higgins. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. Cultural and Heritage Commission (4 appointments): District 1 appointment: District 1 appointment continued to a later date. (December 31, 2024) District 4 appointment: Aleiandrina Arellano (December 31, 2024) Council Member Valencia nominated Alejandrina Arellano. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. City Council Minutes of January 26, 2021 Page 15 of 23 District 5 appointment: District 5 appointment continued to a later date. Unscheduled vacancy: District 2 appointment: _ (vacancy of Karl Squitier) District 2 appointment continued to a later date. (December 31, 2024) (term ending December 31, 2022) Housing and Community Development Commission (5 appointments): District 1 appointment: District 1 appointment continued to a later date. District 4 appointment: District 4 appointment continued to a later date. (December 31, 2024) (December 31, 2024) District 5 appointment: Timothy Houchen (December 31, 2024) Mayor Pro Tem Faessel nominated Timothy Houchen. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia, and O'Neil); NOES — 1 (Council Member Brandman). Nomination approved. At large -Tenant Seat: (December 31, 2022) (vacancy of John Gatti) At large -Tenant Seat appointment continued to a later date. At large -Tenant Seat: Linda Adair (December 31, 2024) (Incumbent: Linda Adair) Mayor Sidhu nominated Linda Adair. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil; NOES — 0. Nomination approved. Parks and Recreation Commission (3 appointments): District 1 appointment: Ryan Balius (December 31, 2024) Council Member Diaz nominated Ryan Balius. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Diaz, Brandman, Moreno, Valencia, and O'Neil; NOES — 0; ABSTAIN — 1 (Mayor Pro Tem Faessel). Nomination approved. District 4 appointment: Tony Flores (December 31, 2024) Council Member Valencia nominated Tony Flores. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. City Council Minutes of January 26, 2021 Page 16 of 23 District 5 appointment: Lynn Cudd (December 31, 2024) Mayor Pro Tem Faessel nominated Lynn Cudd. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. Planning Commission (3 appointments): District 1 appointment: Michelle Lieberman (December 31, 2024) Council Member Diaz nominated Michelle Lieberman. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. District 4 appointment: Luis Andes Perez (December 31, 2024) Council Member Valencia nominated Luis Andres Perez. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, and Valencia); NOES — 0; ABSTAIN — 1 (Council Member O'Neil). Nomination approved. District 5 appointment: Kimberly Keyes (December 31, 2024) Mayor Pro Tem Faessel nominated Kimberly Keyes. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. Public Utilities Board (3 appointments): District 1 appointment: Abdulmageed Abdulrahman (December 31, 2024) Council Member Diaz nominated Abdulmageed Abdulrahman. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. District 4 appointment: Norma Kurtz (December 31, 2024) Council Member Valencia nominated Norma Kurtz. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. District 5 appointment: Ernesto Medrano (December 31, 2024) Mayor Pro Tem Faessel nominated Ernesto Medrano. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. City Council Minutes of January 26, 2021 Page 17 of 23 Senior Citizen Commission (4 appointments): District 1 appointment: District 1 appointment continued to a later date. (December 31, 2024) District 4 appointment: Gabriel Zavala (December 31, 2024) Council Member Valencia nominated Gabriel Zavala. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. District 5 appointment: Janet Brown (December 31, 2024) Mayor Pro Tem Faessel nominated Janet Brown. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. Sister City Commission: Scheduled vacancies with eligible incumbents: Appointment: Kevin Barrot (term ending June 30, 2023) (Incumbent, Kevin Barrot) Appointment: James Dinwiddie II (term ending June 30, 2023) (Incumbent, James Dinwiddie II) Appointment: Elizabeth Jabaz (term ending June 30, 2023) (Incumbent, Elizabeth Jabaz) Scheduled vacancies: Appointment: Lori Dinwiddie (term ending June 30, 2023) (vacancy of Lori Dinwiddie) Appointment: Dara Maleki (term ending June 30, 2023) (vacancy of Mark Roeske) Council Member Valencia nominated Dara Maleki. DISCUSSION: In response to Council Member Brandman's inquiry, City Clerk Theresa Bass confirmed all incumbents were eligible except for Mark Roeske who did not show interest in reappointment. She advised all other incumbents were eligible and interested in reappointment. Council Member Brandman nominated all eligible incumbents. Mayor Pro Tem Faessel nominated Kevin Barrot. City Council Minutes of January 26, 2021 Page 18 of 23 Council Member Moreno agreed with Council Member Brandman's nomination of all incumbents willing to be reappointed to such a difficult Commission. He praised their willingness to serve and expressed support for Ms. Maleki replacing Mr. Roeske, and Ms. Jabaz from District 3. In response to Mayor Sidhu's inquiry, Ms. Bass confirmed the vote is for the four incumbents seeking reappointment along with Ms. Maleki, which would fill the City's five seats. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil); NOES — 0. Nominations approved. D116 20. Update on the City's Response to COVID-19: DISCUSSION: Mayor Sidhu reported Anaheim has hit the ground running in the new year. He advised the Mayor's ad hoc Public Health Advisory Task Force has focused on efforts to increase public education and outreach on best practices and how to access services. He reported Council Member Valencia, Mayor Pro Tem Faessel, and the City's communications team have been particularly important. He advised they have done a tremendous job of communication throughout the crisis but those efforts are only being enhanced. Mayor Sidhu reported the focus of the task force the past two weeks has been the rollout of vaccines, of which the City has given out over 50,000 so far. He advised many of the shots have gone to those who live and work in Anaheim. He advised the City helped Orange County set up some of the first vaccine sites and noted the vaccine super point of distribution (Super POD) at Disneyland was the State's first to open. He noted the City has opened other smaller sites in addition to the Orange County Super POD. He advised the vaccines cannot come fast enough because getting an appointment is not always possible. He acknowledged this can be difficult even though they are vaccinating about 5,000 people daily in Anaheim. Mayor Sidhu remained optimistic that things would continue to improve. He reported the City has urged its State and federal partners to keep the vaccines coming to Anaheim where they are being put to work efficiently and effectively. He advised the City is seeing progress, although noting cases remain high. He reported the State lifted the regional stay-at-home order, which had included Anaheim, allowing more flexibility for Anaheim's businesses to operate. He urged residents to support local businesses but to do so safely. Mayor Sidhu reported the goal is to save lives, lower cases, and reopen the City when the time is right. He advised everyone is tired of the pandemic but 2021 is a year of hope. City Manager Jim Vanderpool reported the City launched its first vaccine site on January 6, 2021, vaccinating more than 5,000 people at Anaheim Fire & Rescue's (AF&R) North Net Training Center. He advised the Disneyland Super POD opened on January 13 and is currently at over 40,000 vaccines distributed, with up to 5,000 administered daily. He noted many Anaheim residents and those who work in the City have been vaccinated at the Super POD. He advised two neighborhood centers opened over the past weekend and delivered over 700 vaccines to eligible senior citizens. He advised the Community Services Department was working closely with the Orange County Office on Aging to bring more senior clinics to the City in the coming weeks, targeting central and west Anaheim. He advised the City is doing more than 5,000 tests a week at the Anaheim Convention Center and three walk-up kiosks around the City. He reported on February 3, 2021 mobile testing would begin at Danbrook Elementary School, bringing testing to one of the City's hardest-hit neighborhoods. City Council Minutes of January 26, 2021 Page 19 of 23 Mr. Vanderpool thanked the City's partners at 360 Clinic and Latino Health Access. He advised the Public Health Task Force would meet again next week. He reported last week the task force stressed the successful launch of vaccines and the need to continue testing with all necessary resources. He advised staff would respond to this directive and he hoped to have details to share soon on their progress. Fire Chief Pat Russell reported things are going well at the Super POD after two weeks of operation. He reported they have vaccinated approximately 50,000 people despite challenges of vaccine supply and weather. He advised a second Orange County Super POD was now open at Soka University in Aliso Viejo. He reported there was a large commitment of City employees at the Disneyland Super POD with the support of the City Manager. He advised the site is managed by AF&R and the City is also providing paramedics. He advised first responders who got their first shot at North Net are now getting their second shots at the Super POD for logistical purposes. He advised Orange County Health is also providing personnel, but the City will continue to be involved for a while. Communications Specialist Lauren Gold reported it was one year ago today that the first COVID-19 cases were reported in Los Angeles and Orange County. She advised staff was cautiously optimistic about a downward trend in case numbers, the positivity rate, and the health equity metric. She advised the number of hospitalizations was stabilizing both in Orange County and statewide and noted the County was presently in the purple tier. She advised hospitals were forecast to continue improving over the next four weeks and should reach 33% of Intensive Care Unit beds being available by a month from now. She reported it was the first time in several reports where all seven Anaheim zip codes were trending downwards and specifically noted the dramatic decline in zip code 92804. Ms. Gold stated staff was cautiously optimistic as there were still deaths being reported in both the County and City, and there would be more from the winter surge. She stated the messaging is to not let your guard down, keep doing things to remain safe, and fight COVID-19. Mayor Pro Tem Faessel advised he was impressed by the 50,000 vaccinations thus far but noted it was only about 14% of the City's population. He advised not everybody will choose to be vaccinated. He stated 5,000 a day was a step in the right direction. In response to Mayor Pro Tem Faessel's inquiry, Mr. Vanderpool reported staff was in discussions about alternatives at Disneyland and elsewhere to find more weather -resistant venues. He advised staff would keep the City Council and residents updated. He noted concerns of high winds and rain are real and they are working with the County to address them. Council Member Diaz began sharing his Council Communications, stopping after Council Member O'Neil raised a point of order regarding the order of the agenda. Council Member Valencia expressed his pride in the City and Public Health Task Force's efforts to combat the virus. He thanked the City's team and noted there were still challenges securing a vaccine appointment but advised many residents praised the streamlined process on-site. He noted Latinos in Anaheim were testing positive for COVID-19 at a higher rate and were also significantly behind in the vaccination rate. He recommended focusing efforts on improving these numbers. He thanked the City's team for helping get the City back on track and save lives. Council Member Brandman echoed the comments of his colleagues and encouraged staff to keep up the great work. He reported people were still leaving him messages scared and concerned but the City Council Minutes of January 26, 2021 Page 20 of 23 tone had changed to hopeful and eager to get their vaccines as soon as possible. He thanked staff for helping make the process as seamless as possible for Anaheim and Orange County residents. Council Member Moreno thanked Anaheim Police Chief Jorge Cisneros and Mr. Vanderpool. He advised they had recently received a heightened amount of reports about nightclubs remaining in operation and becoming super -spreader events in violation of State orders. He reported Police Chief Cisneros and Mr. Vanderpool immediately addressed the matter and expressed hope they would continue to be diligent about bars and nightclubs hosting events. He reported the events were promoted on social media and were arrogant and irresponsible. He praised the bars that were acting responsibly. He advised having 400-500 people at nightclubs without masks puts everyone at risk. In response to Council Member Moreno's inquiry, Mr. Lyster reported they do not have City -level data on the 50,000 people who have been vaccinated at the Disneyland Super POD. He reported they have requested this from the County to get a clearer idea of how many Anaheim residents have been vaccinated. He confirmed you have to either work or live in Orange County to be eligible. He advised he has seen many Anaheim residents and Anaheim -based workers come through the site on days he has been working there but cannot provide an exact number. Council Member Moreno advised they did not get City -level data from the County until June 2020 and noted how shocking it was to see how deeply the pandemic had already entered the City by that stage. He advised getting the City -level data now was also critical to ensure those areas being the hardest hit were also getting the vaccine. Council Member Moreno reported a University of California - San Francisco study found the deadliest jobs during the pandemic were restaurant and agricultural workers with the chances of death doubling to 40% and advised Latinos within those industries had a 60% chance of death. He advised the study showed warehouse and delivery workers were also dying at a higher rate, followed by grocery and retail employees. He urged the Public Health Task Force and County to get the vaccine to not only those most at risk for contracting the virus but also those most likely to die from it. Council Member Moreno reported Latinos make up 45% of those infected by COVID-19 in Orange County even though they only comprise 35% of the total population. He advised the County has administered 178,000 doses of vaccine thus far but only 11 % have gone to Latinos. He noted this was distressing for a city of Latino essential workers and urged the Public Health Task Force to push hard for mobile clinics in Latino neighborhoods. He praised Orange County Supervisor Doug Chaffee and his staff for their work in this area and allocating 200 doses directly to the City's hardest-hit area. In response to Council Member Moreno's inquiry, Mr. Vanderpool confirmed a staff member can be on an upcoming conference call about how cities can pick up where counties left off with the discontinued Project Roomkey. In response to Council Member Moreno's inquiry, Mr. Lyster advised City and County staff share a commitment to bringing vaccines to all areas and particularly those hardest hit. He reported the County was still working through the hundreds of thousands of people eligible for a vaccine in the current Phase 1A, which are health care workers, first responders, and those 65 years of age or older. He advised only a Super POD can assist with so many people. He advised they were working to bring pop-up clinics to areas where seniors may have a harder time getting to a Super POD and advised those may also be particularly hard-hit areas. He advised the County was putting the same emphasis on health equity as the City and noted none of it can come fast enough due to the supply. Mr. Vanderpool advised he is in almost daily communication with County Executive Officer Frank Kim and vaccine distribution equity is in almost every conversation and a priority to the County. City Council Minutes of January 26, 2021 Page 21 of 23 Council Member Moreno urged residents to communicate with the County Board of Supervisors to relay how Anaheim has been especially hard hit by the pandemic. Council Member Moreno reported on a study from Texas which found non-smoking individuals who have contracted COVID-19, regardless of symptom level, have lungs that look like they have smoked for over 20 years. He encouraged those who have had COVID-19 to include chest X-rays in their future regular health care to monitor the long-term damage wrought by the virus. Council Member Moreno reported even those who have been vaccinated can still spread COVID-19 so they need to continue to be cognizant of best practices such as social distancing. He urged Mr. Lyster to encourage the vaccinated population to remain diligent about protecting others from the spread. Council Member Valencia echoed Council Member Moreno's acknowledgment of the collaboration between the City and the County and noted the County has put forth a righteous effort. In response to Council Member Valencia's inquiry, Mr. Lyster reported the City's vaccination process began with AF&R in late December 2020 with the creation of the North Net POD. He advised North Net was one of three early PODs in the County, along with ones in Huntington Beach and Irvine. He advised Anaheim vaccinated 5,000 people at its relatively small site led by AF&R with support from the City Manager and the fire agencies from the cities of Fullerton, Brea, Orange, and others. He advised the North Net team, and the City's Community Services staff, became the core launch team for the Disneyland Super POD. He advised many County staff have joined them and he praised their efforts for allowing the Super POD to succeed. He reported the task force and Mr. Vanderpool have pledged whatever is needed to make it successful. Informational item - No action taken. Council Member Brandman left the Council Chamber at 7:20 P.M. and joined the remainder of the meeting via teleconference. REPORT ON CLOSED SESSION ACTIONS: City Attorney Robert Fabela reported Closed Session Item No. 22 was not heard. PUBLIC COMMENTS (non-aaenda items): None COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Mayor Pro Tem Faessel recognized the virtual opening of Be Well OC, a public/private partnership between the County and healthcare providers, of an approximately 100 -bed facility to provide mental health care services, and he looked forward to a tour when possible. He reported his participation in a mask distribution to seniors at the Downtown Anaheim Community Center and as well as at a meeting regarding a new nonprofit foundation that could add to feeding hungry families in Anaheim, with more information to come. He asked everyone to be safe every day. Council Member Diaz announced two Zoom virtual community meetings on January 27 and February 4 at 6:00 P.M. regarding a proposed mixed-use, mixed -income development on the southeast corner of Beach Blvd. and Lincoln Ave. For more details, residents can contact Kevin Clausen at 714-765 4306. Council Member Diaz announced the new Community Care Response Team had begun its City Council Minutes of January 26, 2021 Page 22 of 23 work and responded to over 250 calls for service, about 50 of which would have previously had a law enforcement response. He encouraged residents to report homeless issues by calling 714-7820-9090 or send a report through Anaheim Anytime. He reminded residents that the Anaheim Public Library is a source for many needs and activities, the Haskett Library is open most weekdays 11:00 A.M. — 7:00 P.M., a food distribution would be on January 28 from 3:00 P.M. — 5:00 P.M., and more information could be found at www.anaheim.net/library. Council Member Moreno reminded everyone to stay vigilant until all people are vaccinated or there is enough community immunity to help avoid regressing and to battle the different strains of the virus. He asked the community to report businesses such as nightclubs and bars that were operating outside the regulations and thanked Chief Cisneros for addressing previous reports. He requested the City Manager include information in the next COVID-10 update regarding where Anaheim stands within the federal proposals for $350 billion to reimburse states and cities to help with their budgets, rent relief, and moratorium extensions, as well as the $160 billion for safe school reopenings. He asked everyone to communicate with the Board of Supervisors to ensure equity in vaccine distribution, thanked the Public Health Task Force for their work, and reminded them to ensure voices were heard at the County level. He expressed his appreciation of staff and volunteers for all their work and efforts over the past year. Council Member Valencia expressed his appreciation to his colleagues for supporting his boards and commissions recommendations, thanked all the applicants, and thanked the new and current appointees for their eagerness to serve the City. He reported his attendance at an Orange County Water District (OCWD) Zoom forum focused on access to affordable and clean water for residents, hosted by Fullerton Council Member Ahmad Zahra and Council Member/OCWD Director Jordan Brandman, and thanked Anaheim Public Utilities for their efforts in this regard. He reiterated the importance of taking precautions against the COVID-19 virus. Mayor Sidhu reiterated that COVID-19 was not over and encouraged everyone to remain vigilant, keep a six-foot distance, wear masks, not host parties, and stay home as much as possible to help save lives. If visiting open businesses, please follow guidelines to ensure numbers continue to reduce. He noted vaccine distribution is being operated by the County, almost 5,000 per day are being administered in Anaheim, and more distribution, including to neighborhoods, will be forthcoming. He suggested several facilities were available to assist with massive vaccination plans, pending state, and federal guidelines and distribution, and the need for health care workers to administer the vaccines. He applauded the efforts of staff and volunteers in Anaheim in the distribution. Council Member Brandman thanked and agreed with Mayor Sidhu on his comments. He thanked Council Member Valencia for his kind words and for attending the OCWD town hall on water and thanked the staff of Anaheim, Santa Ana, and Fullerton. He emphasized vigilance and getting through the pandemic together through hard work. City Council Minutes of January 26, 2021 Page 23 of 23 ADJOURNMENT: At 7:42 P.M., with no further business before the Council, Mayor Sidhu adjourned the City Council meeting. Respectfully submitted, 4CIer ss, CMC City Public Comment From: Edgar Arellano Sent: Tuesday, January 26, 2021 6:02 PM To: Public Comment Subject: I agree with Diaz re: wall height code 18.? Yes. Great idea Public Comment From: Matthew Gelfand <admin@caforhomes.org> on behalf of matt@caforhomes.org Sent: Monday, January 25, 2021 11:39 PM To: Harry Sidhu (Mayor); Stephen Faessel; dbarnes@anaheim.net; Jordan Brandman; Jose Moreno; Avelino Valencia; Trevor O'Neil; Public Comment Cc: Ted White; Robert Fabela Subject: Correspondence from Californians for Homeownership Attachments: 2021-1-25 - Californians Letter to City Council.pdf To the City Council: Please see the attached correspondence regarding Agenda Item 16 being considered at your upcoming meeting. Sincerely, Matthew Gelfand Matthew Gelfand Counsel, Californians for Homeownership 525 S. Virgil Avenue Los Angeles, CA 90020 nlG tI:.{ r>cGiforteoraaes.ori ........... Tel: (213) 739-8206 Californians for Homeownership is a 501(c)(3) non-profit organization that works to address California's housing crisis through impact litigation and other legal tools. 0NIE CALIFORNIANS FOR HOMEOWNERSHIP January 25, 2021 VIA EMAIL City Council City of Anaheim 200 S Anaheim Boulevard Anaheim, CA 92805 Email: hsidhu@anaheim.net; sfaessel@anaheim.net; jodiaz@anaheim.net; jbrandman@anaheim.net; jmoreno@anaheim.net; avalencia@anaheim.net; toneil@anaheim.net; publiccomment@anaheim.net RE: January 26, 2021 City Council Meeting, Agenda Item 16 To the City Council: MATTHEW GELFAND, COUNSEL MATT@CAFORHOM ES.ORG TEL: (213) 739-8206 Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using legal tools to address California's housing crisis. I am writing as part of our work monitoring local compliance with Government Code Section 66300, the Housing Crisis Act of 2019. This letter follows up on our May 26, June 8, July 6, and July 20 letters to the Planning Commission on the same subject. At your January 26 meeting, you will consider the second reading of an ordinance that would increase parking requirements in the City. It is puzzling that the City is considering increasing parking requirements despite the near -universal agreement among today's professional planners that minimum parking requirements are misguided, bad policy. Minimum parking requirements lead to increased traffic and vehicle use; they don't help anything. In any event, the City's draft ordinance is unlawful under the Housing Crisis Act because it would "lessen the intensity of housing" developable on the City's residential lots. See Gov. Code § 66300(b)(1)(A). And the City has conducted an inadequate review of its environmental impacts. Accordingly, we are considering litigation against the City to invalidate the ordinance and challenge its environmental review if it is adopted. 525 S. Virgil Avenue Los Angeles, CA 90020 Our concerns are detailed in the attached letters to the Planning Commission. We urge you January 25, 2021 Page 2 to abandon this misguided and outdated effort. Sincerely, Matthew Gelfand cc: Ted White, Planning and Building Director (by email to tedwhite@anaheim.net) Robert Fabela, Esq., City Attorney (by email to rfabela@anaheim.net) 525 S. Virgil Avenue Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP ATTACHMENT 0NIE CALIFORNIANS FOR HOMEOWNERSHIP May 26, 2020 VIA EMAIL Planning Commission City of Anaheim 200 S. Anaheim Blvd. 1 st Floor, Suite 162 Anaheim, CA 92805 Email: jarmst253�; kimberly.keys6l mlieberman natalieaeek, ; rmullead dhiruhv awhitstmanningcommission ana eim.net RE: May 27, 2020 Planning Commission Meeting, Agenda Item 4. To the Planning Commission: MATTHEW GELFAND, COUNSEL MATT@CAFORHOM ES.ORG TEL: (213) 739-8206 Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using legal tools to address California's housing crisis. I am writing as part of our work monitoring local compliance with Government Code Section 66300, the Housing Crisis Act of 2019, which was established by SB 330, Stats. 2019 c. 659 § 13. At your May 27 meeting, you will discuss an ordinance that increases parking requirements for new residential units in the City. The ordinance violates the Housing Crisis Act because it lessens the intensity of residential use allowed in the City's residential zones. We urge you to reject this unlawful proposal. Under the Housing Crisis Act, an "affected city" is prohibited from "enact[ing] a development policy, standard, or condition that would have any of the following effects:... [R]educing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district below what was allowed under the land use designation and zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018 ...." Gov. Code § 66300(b)(1)(A). "For purposes of this subparagraph, `less intensive use' includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, or new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or anything that would lessen the intensity of housing." Id. 525 S. Virgil Avenue Los Angeles, CA 90020 May 26, 2020 Page 2 Anaheim has been deemed an "affected city" by the state Department of Housing and Community Development.' The proposed ordinance would make three changes increasing the City's residential parking requirements: • It would increase the parking requirements for homes with four or more bedrooms in the RS -4 Zone. Proposed A.M.C. § 18.42.030.0403. • It would redefine "bedroom" throughout the City's residential zones to increase the number of "bedrooms" in typical floorplans, thus increasing parking requirements. Proposed A.M.C. § 18.42.030.0102. • It would reduce by 80% the number of parking spaces that can be provided in a tandem configuration, requiring a drastic increase in the space dedicated to parking with no increase in the number of parking spaces actually available to residents. Proposed A.M.C. § 18.42.030.0205. These changes violate the Housing Crisis Act because they have the effect of lessening the intensity of housing that can be developed in the City's residential zones in at least two ways. First, by increasing parking requirements and increasing the amount of space that must be dedicated per parking space (by limiting tandem parking), the ordinance would increase the amount of lot space and structural footprint dedicated to parking. By necessity, this would decrease the lot space and structural footprint that can be dedicated to housing, resulting in a decrease in housing units or bedrooms built per square foot of lot space or enclosed space. The staff report before you acknowledges that "developable land in Anaheim is becoming harder to find while the demand on housing continues to increase," but puzzlingly requires developers to dedicate more space to parking and less to housing. Second, they would drastically increase the per-unit cost of developing a typical multifamily housing project in the City. The impact of parking requirements on residential development costs is well-documented. The cost of developing a single parking space in a multifamily dwelling's parking garage is $25,000–$50,000.3 One of the stated purposes of the ordinance is to increase by 60% (from 1.25 spaces/unit to 2 spaces/unit) the parking requirements for a popular studio apartment floorplan commonly built by developers. For a multifamily building with 50 such units, the increase in costs could reach $1,500,000. Because parking requirements mandate the above -market production of parking—they would be unnecessary otherwise builders cannot recoup these costs by charging directly for parking. The result of this ordinance would be a reduction in unit or bedroom counts of future proposed projects to allow those projects to "pencil out." https://www. hcd. ca. gov/community-development/docs/Affected-Cities.pdf. See Donald Shoup, The High Cost of Free Parking, Updated Edition (2011). https://www. strongtowns. org/journal/2018/ 11/20/the-many-costs-of-too-much-parking. 525 S. Virgil Avenue Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP May 26, 2020 Page 3 We urge you to abandon this unlawful plan. To allow us to monitor the City's conduct, we request that the City include us on the notice list for all future public meetings regarding this ordinance or any other change to the City's residential parking requirements. Sincerely, Matthew Gelfand cc: Nick Taylor, Associate Planner (by email to njtaylor@anaheim.net) David See, Principal Planner (by email to dsee@anaheim.net) Robert Fabela, Esq., City Attorney (by email to rfabela@anaheim.net) 525 S. Virgil Avenue Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP 0NIE CALIFORNIANS FOR HOMEOWNERSHIP June 8, 2020 VIA EMAIL Planning Commission City of Anaheim 200 S. Anaheim Blvd. 1 st Floor, Suite 162 Anaheim, CA 92805 Email: jarms kimberly.keys mlieberma natalieameek rmullead dhiruh awhitst p anningcommission@anaheim.ne RE: June 8, 2020 Planning Commission Meeting, Agenda Item 4 To the Planning Commission: MATTHEW GELFAND, COUNSEL MATT@CAFORHOM ES.ORG TEL: (213) 739-8206 Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using legal tools to address California's housing crisis. I am writing as part of our work monitoring local compliance with Government Code Section 66300, the Housing Crisis Act of 2019, which was established by SB 330, Stats. 2019 c. 659 § 13. This letter follows up on our May 26 letter on the same subject. At your June 8 meeting, you will again discuss an ordinance that increases parking requirements for new residential units in the City. As we explained in our prior letter, the ordinance violates the Housing Crisis Act because it lessens the intensity of residential use allowed in the City's residential zones. The new staff report before you suggests that the ordinance is lawful because it imposes only objective criteria and does not limit the number of housing units that can be approved. Neither of those features changes the fact that the ordinance would unlawfully lessen the intensity of housing that can be developed in the City's residential zones. Several of the policies that are expressly listed in Government Code Section 66300(b)(1)(A)including reductions in height or floor area ratio and increased open space and lot coverage requirements—can be implemented without reducing unit count, through reductions in unit size, bedroom count, and the like. Which is exactly what developers will have to do in Anaheim to build units on the same lot or building footprint, or with the same amount of money. The Legislature designed the Housing Crisis Act to cover this broad range of changes, not simply reductions in density. The staff report also confusingly references the Housing Crisis Act's limitations on moratoria and changes to density, which are not the subject of our correspondence. 525 S. Virgil Avenue Los Angeles, CA 90020 May 26, 2020 Page 2 Additionally, the staff report refers to a discussion with staff at the Department of Housing and Community Development (HCD). With the exception of the Housing Crisis Act's limitations on moratoria, HCD is not authorized to permit a local jurisdiction to ignore the Act's restrictions. The proposed ordinance is unlawful. The City's environmental review of the proposed ordinance is also insufficient. The staff report before you appears to acknowledge that the ordinance is a "project" for the purposes of CEQA, but asks you to determine that the ordinance qualifies for the "common sense" exception under CEQA Guidelines Section 15061(b)(3). But the ordinance does not qualify for the "common sense" exception because it cannot "be seen with certainty that there is no possibility that the [ordinance] may have a significant effect on the environment ...." To the contrary, a cursory review suggests that the ordinance could have a significant impact on the environment, for at least two reasons. First, the region is operating at a significant housing deficit. Overcrowded dwelling units and homelessness are common. By reducing the buildable number of units and bedrooms in the City, for the reasons identified above, the City will push the effort to meet regional housing needs farther from the region's j ob centers, increasing emissions and other environmental impacts driven by distant commutes. This push will be especially acute for larger families, who bear the highest burdens under the proposed ordinance. Second, by forcing developers to build parking at levels above the market demand for parking, the City is forcing developers and residents alike to pay for parking they might not otherwise choose to use. This incentivizes and subsidizes the use of personal automobiles even for those who would otherwise be inclined to use public transit. Anaheim is a transit -rich city, with a strong bus network provided by OCTA and ART. And because of the City's combined access to both the Metrolink and Amtrak rail trunk lines, the City has better public transit access to the region's major job center in Downtown Los Angeles than many Los Angeles County communities. At the center of the City's transit infrastructure is ARTIC, a crown jewel in Southern California's multimodal transit system and a future connection point to the state's high-speed rail system. The City's decision to incentivize car use despite its strong public transit connections will have a serious environmental impact. If the City moves forward with this unlawful proposal, we may initiate litigation against the City. Sincerely, Matthew Gelfand cc: Nick Taylor, Associate Planner (by email to njtaylor@anaheim.net) David See, Principal Planner (by email to dsee@anaheim.net) Robert Fabela, Esq., City Attorney (by email to rfabela@anaheim.net) 525 S. Virgil Avenue Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP 0NIE CALIFORNIANS FOR HOMEOWNERSHIP July 6, 2020 VIA EMAIL Planning Commission City of Anaheim 200 S. Anaheim Blvd. 1 st Floor, Suite 162 Anaheim, CA 92805 Email: ja-ms Wkimberly.keys6l mliebnatalieameermullead hawhitst ningcommission@anaheim.ne RE: July 6, 2020 Planning Commission Meeting, Agenda Item 3. To the Planning Commission: MATTHEW GELFAND, COUNSEL MATT@CAFORHOM ES.ORG TEL: (213) 739-8206 Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using legal tools to address California's housing crisis. I am writing as part of our work monitoring local compliance with Government Code Section 66300, the Housing Crisis Act of 2019. This letter follows up on our May 26 and June 8 letters on the same subject. At your July 6 meeting, you will again discuss an ordinance that would increase parking requirements for new residential units in the City. For the reasons identified in our prior letters, the ordinance violates the Housing Crisis Act, and the environmental review conducted by the City has been insufficient. If the City moves forward with this unlawful proposal, we may initiate litigation against the City to invalidate these changes. We write now to make a comment based on our further review of staff's account of their discussion with staff at the state Department of Housing and Community Development (HCD). The staff report says: HCD believes that the proposed amendments would not be in conflict with the following criteria for SB 330: a) change the General Plan or zoning to reduce density b) impose a moratorium on housing c) impose design standards that are not objective, or d) limit number of housing units that can be approved This appears to be a strawman. We did not suggest that the City's ordinance would do any of those thin&s. Instead, we expressed concerns that the ordinance would unlawfully "lessen the 525 S. Virgil Avenue Los Angeles, CA 90020 July 6, 2020 Page 2 intensity of housing" developable on the City's residential lots. See Gov. Code § 66300(b)(1)(A). It seems that staff's discussion with HCD ignored the law's prohibition on "lessen[ing] the intensity of housing" and instead focused on density, presumably because the ordinance is tailor- made to "lessen the intensity of housing" without decreasing the stated density of a zoning district. The Legislature structured the Housing Crisis Act to prohibit any change that would "lessen the intensity of housing"—and not just reductions in density—precisely to handle these sorts of backdoor exclusionary zoning efforts. In any event, as we have said, HCD is not authorized to permit a local jurisdiction to ignore the Act's restrictions on "lessen[ing] the intensity of housing." The proposed ordinance is unlawful and exposes the City to the serious risk of litigation. Sincerely, Matthew Gelfand cc: Nick Taylor, Associate Planner (by email to njtaylor@anaheim.net) David See, Principal Planner (by email to dsee@anaheim.net) Robert Fabela, Esq., City Attorney (by email to rfabela@anaheim.net) 525 S. Virgil Avenue Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP WINE -- MATTHEW GELFAND, COUNSEL ■'■CALIFORNIANS FOR MATT@CAFORHOMES.ORG HOMEOWNERSHIP TEL: (213) 739-8206 July 20, 2020 VIA EMAIL Planning Commission City of Anaheim 200 S. Anaheim Blvd. 1 st Floor, Suite 162 Anaheim, CA 92805 Email: jarms kimberly.keylieberma natalieameeksM=planrningcommission@anahei rmullea iruh awhitst m.ne- RE: July 20, 2020 Planning Commission Meeting, Agenda Item 2. To the Planning Commission: Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using legal tools to address California's housing crisis. I am writing as part of our work monitoring local compliance with Government Code Section 66300, the Housing Crisis Act of 2019. This letter follows up on our May 26, June 8, and July 6 letters on the same subject. At your July 20 meeting, you will again discuss an ordinance that would increase parking requirements for new residential units in the City. For the reasons identified in our prior letters, the ordinance violates the Housing Crisis Act. The City has never addressed our actual concern regarding the ordinance's compliance with the Act, instead arguing that the ordinance is consistent with other aspects of the Act that we never raised as concerns. The environmental review conducted by the City has also been insufficient. The City has never made any effort to argue otherwise. If the City moves forward with this unlawful ordinance, we may initiate litigation against the City to invalidate it. Sincerely, Matthew Gelfand cc: Nick Taylor, Associate Planner (by email to njtaylor@anaheim.net) David See, Principal Planner (by email to dsee@anaheim.net) Robert Fabela, Esq., City Attorney (by email to rfabela@anaheim.net) 525 S. Virgil Avenue Los Angeles, CA 90020 Public Comment From: Keith Olesen Sent: Tuesday, January 26, 2021 8:44 AM To: Harry Sidhu (Mayor); Stephen Faessel; Jennifer Diaz; Jordan Brandman; Trevor O'Neil; Avelino Valencia; Jose Moreno Cc: Jodie Mosley; Kathy Tran; Sally Feldhaus; Carol Jang; Carol Sundman; Gloria Maae; Vic Real; Ab Abdulrahman; Heather Porretta; Rod Pierson; Judy Fletcher; ryan Tracy Urueta; Amanda Edinger; Public Comment Subject: Re: Item 16 Good morning Mayor and City Council Members - My plan was to write a note to you this morning regarding the tandem parking issue, however given Amanda's perfectly articulated statement I'll just add a few comments on the subject. First, tandem parking has been an issue for decades in the downtown area. It has created parking problems not solved them. In the 1980's when developers were demolishing affordable single family homes to build 4-plex rental units tandem parking was a favorite feature exploited by developers at the expense of quality of life in our neighborhoods. In a perfect world tandem parking would not be allowed at all. A 20% cap is, as Amanda stated, a "fair compromise". Anything beyond that trades quality of life in our neighborhoods for developer profits. And, again as stated below, the cap on tandem parking will have absolutely no impact on a developers decision to build in Anaheim. What it will do is require a higher quality development—something Anaheim and all Anaheim residents deserve. All too often our development standards are minimal at best. Eliminating the cap on tandem parking guarantees only one thing the quality of allowable developments in Anaheim will be lowered substantially and the quality of life in our residential neighborhoods will be negatively impacted to a very significant degree. Let's learn from the mistakes of the past. Let's put the quality of life in our residential neighborhoods at the top of our list of priorities. I urge you to support the 20% cap on tandem parking. Thank you, Keith Olesen District 3 Resident On Jan 25, 2021, at 7:31 PM, Amanda wrote: Mayor Sidhu and Council Members, As a lifelong resident of West Anaheim who has advocated for quality residential projects, I ask you to please reconsider your vote on item 16 related to parking modifications in residential developments. At the first reading of this ordinance at the January 12 meeting, the council voted 5-2 (Faessel and Moreno voting no) to REMOVE the 20% cap on tandem parking. This process started back in 2018 and involved two workshops, resident input, staff input and the unanimous approval of all seven planning commissioners. As stated in the staff report, tandem parking is not highly desired among home buyers. The inconvenience often results in residents choosing to park off site rather than utilizing tandem parking spaces. The 20% cap is a fair compromise between developers and residents and helps to ensure that our new residential projects are a quality product. Staff stated in their report that "it is advisable and reasonable to have a cap on the maximum amount of tandem parking to ensure there is a mix of parking options within a project and to lessen the potential impact for off-site parking." The cap on tandem parking will not significantly impact whether developers build in Anaheim. Not supporting the 20% cap, however, will significantly impact the quality of life for residents citywide. Please support the 20% cap on tandem parking. Thank you. Amanda Edinger District 1 resident Public Comment From: jodiemosley Sent: Tuesday, January 26, 2021 8:51 AM To: Keith Olesen; Harry Sidhu (Mayor); Stephen Faessel; Jennifer Diaz; Jordan Brandman; Trevor O'Neil; Avelino Valencia; Jose Moreno Cc: Kathy Tran; Sally Feldhaus; Carol Jang; Carol Sundman; Gloria Maae; Vic Real; Ab Abdulrahman; Heather Porretta; Rod Pierson; Judy Fletcher; ryane Tracy Urueta; Amanda Edinger; Public Comment Subject: Re: Item 16 Please cap the tandem parking at 20%. There is no good reason why anyone wouldn't. Please look to the future of west Anaheim, remember the past poor planning mistakes and the consequences they created. I believe its in your hands to set the rules, and its up to you but it is district 1 residents that will live in the choices you make. Please, remember what WE want. Thank you. Jodie Mosley Senn from my "l, obile .5G Device -------- Original message -------- From: Keith Olesen . Date: 1/26/21 8:43 AM (GMT -08:00) To: hsidhu@anaheim.net, Stephen Faessel <sfaessel@anaheim.net>, jdiaz@anaheim.net, Jordan Brandman <jbrandman@anaheim.net>, toneil@anaheim.net, avalencia@anaheim.net, Jose Moreno <j moreno@anaheim. net> Cc: Jodie Mosley Kathy Tran Sally Feldhaus Carol Jang Carol Sundman Gloria Maae Vic Real Ab Abdulrahman Heather Porretta - Rod Pierson Judy Fletcher ryan Tracy Urueta Amanda Edinger publiccomment@anaheim.net Subject: Re: Item 16 Good morning Mayor and City Council Members - My plan was to write a note to you this morning regarding the tandem parking issue, however given Amanda's perfectly articulated statement I'll just add a few comments on the subject. First, tandem parking has been an issue for decades in the downtown area. It has created parking problems not solved them. In the 1980's when developers were demolishing affordable single family homes to build 4-plex rental units tandem parking was a favorite feature exploited by developers at the expense of quality of life in our neighborhoods. In a perfect world tandem parking would not be allowed at all. A 20% cap is, as Amanda stated, a "fair compromise". Anything beyond that trades quality of life in our neighborhoods for developer profits. And, again as stated below, the cap on tandem parking will have absolutely no impact on a developers decision to build in Anaheim. What it will do is require a higher quality development—something Anaheim and all Anaheim residents deserve. All too often our development standards are minimal at best. Eliminating the cap on tandem parking guarantees only one thing the quality of allowable developments in Anaheim will be lowered substantially and the quality of life in our residential neighborhoods will be negatively impacted to a very significant degree. Let's learn from the mistakes of the past. Let's put the quality of life in our residential neighborhoods at the top of our list of priorities. I urge you to support the 20% cap on tandem parking. Thank you, Keith Olesen District 3 Resident On Jan 25, 2021, at 7:31 PM, Amanda wrote: Mayor Sidhu and Council Members, As a lifelong resident of West Anaheim who has advocated for quality residential projects, I ask you to please reconsider your vote on item 16 related to parking modifications in residential developments. At the first reading of this ordinance at the January 12 meeting, the council voted 5-2 (Faessel and Moreno voting no) to REMOVE the 20% cap on tandem parking. This process started back in 2018 and involved two workshops, resident input, staff input and the unanimous approval of all seven planning commissioners. As stated in the staff report, tandem parking is not highly desired among home buyers. The inconvenience often results in residents choosing to park off site rather than utilizing tandem parking spaces. The 20% cap is a fair compromise between developers and residents and helps to ensure that our new residential projects are a quality product. Staff stated in their report that "it is advisable and reasonable to have a cap on the maximum amount of tandem parking to ensure there is a mix of parking options within a project and to lessen the potential impact for off-site parking." The cap on tandem parking will not significantly impact whether developers build in Anaheim. Not supporting the 20% cap, however, will significantly impact the quality of life for residents citywide. Please support the 20% cap on tandem parking. Thank you. Amanda Edinger District 1 resident Public Comment From: Judy Fletcher Sent: Tuesday, January 26, 2021 10:06 AM To: Keith Olesen; Harry Sidhu (Mayor); Stephen Faessel; Jennifer Diaz; Jordan Brandman; Trevor O'Neil; Avelino Valencia; Jose Moreno; jodiemosley Cc: Kathy Tran; Sally Feldhaus; Carol Jang; Carol Sundman; Gloria Maae; Vic Real; Ab Abdulrahman; Heather Porretta; Rod Pierson; ryan Tracy Urueta; Amanda Edinger; Public Comment Subject: Re: Item 16 Dear Mayor and Council members, Please cap tandem parking at 20%. It truly is a less desirable parking arrangement for anyone. My son lived at a condo complex with tandem parking. It was a pain. It was very unhandy for the person parked "further in" causing the juggling of cars and ultimately - just finding a place to park somewhere else. In the case of West Anaheim - that would be our neighborhoods. This is unacceptable. Please consider the quality of life here in West Anaheim and cap tandem parking at 20% Sincerely, Judy and Allan Fletcher West Anaheim since 1987 On Tuesday, January 26, 2021, 08:51:25 AM PST, jodiemosley wrote: Please cap the tandem parking at 20%. There is no good reason why anyone wouldn't. Please look to the future of west Anaheim, remember the past poor planning mistakes and the consequences they created. I believe its in your hands to set the rules, and its up to you but it is district 1 residents that will live in the choices you make. Please, remember what WE want. Thank you. Jodie Mosley Sent from my 1 Muablle 5G IDev�ce -------- Original message -------- From: Keith Olesen Date: 1/26/21 8:43 AM (GMT -08:00) To: hsidhu@anaheim.net, Stephen Faessel <sfaessel@anaheim.net>, jdiaz@anaheim.net, Jordan Brandman <jbrandman@anaheim.net>, toneil@anaheim.net, avalencia@anaheim.net, Jose Moreno <jmoreno@anaheim.net> Cc: Jodie Mosley Kathy Tran Sally Feldhaus Carol Jang Carol Sundman Gloria Maae Vic Real - Ab Abdulrahman feather Porretta Rod Pierson _ Judy Fletcher ryan Tracy Urueta Amanda Edinger publiccomment@anaheim.net Subject: Re: Item 16 Good morning Mayor and City Council Members - My plan was to write a note to you this morning regarding the tandem parking issue, however given Amanda's perfectly articulated statement I'll just add a few comments on the subject. First, tandem parking has been an issue for decades in the downtown area. It has created parking problems not solved them. In the 1980's when developers were demolishing affordable single family homes to build 4-plex rental units tandem parking was a favorite feature exploited by developers at the expense of quality of life in our neighborhoods. In a perfect world tandem parking would not be allowed at all. A 20% cap is, as Amanda stated, a "fair compromise". Anything beyond that trades quality of life in our neighborhoods for developer profits. And, again as stated below, the cap on tandem parking will have absolutely no impact on a developers decision to build in Anaheim. What it will do is require a higher quality development—something Anaheim and all Anaheim residents deserve. All too often our development standards are minimal at best. Eliminating the cap on tandem parking guarantees only one thing—the quality of allowable developments in Anaheim will be lowered substantially and the quality of life in our residential neighborhoods will be negatively impacted to a very significant degree. Let's learn from the mistakes of the past. Let's put the quality of life in our residential neighborhoods at the top of our list of priorities. I urge you to support the 20% cap on tandem parking. Thank you, Keith Olesen District 3 Resident On Jan 25, 2021, at 7:31 PM, Amanda Mayor Sidhu and Council Members, wrote: As a lifelong resident of West Anaheim who has advocated for quality residential projects, I ask you to please reconsider your vote on item 16 related to parking modifications in residential developments. At the first reading of this ordinance at the January 12 meeting, the council voted 5-2 (Faessel and Moreno voting no) to REMOVE the 20% cap on tandem parking. This process started back in 2018 and involved two workshops, resident input, staff input and the unanimous approval of all seven planning commissioners. As stated in the staff report, tandem parking is not highly desired among home buyers. The inconvenience often results in residents choosing to park off site rather than utilizing tandem parking spaces. The 20% cap is a fair compromise between developers and residents and helps to ensure that our new residential projects are a quality product. Staff stated in their report that "it is advisable and reasonable to have a cap on the maximum amount of tandem parking to ensure there is a mix of parking options within a project and to lessen the potential impact for off-site parking." The cap on tandem parking will not significantly impact whether developers build in Anaheim. Not supporting the 20% cap, however, will significantly impact the quality of life for residents citywide. Please support the 20% cap on tandem parking. Thank you. Amanda Edinger District 1 resident Public Comment From: Sent: To: Lauren Torres Tuesday, January 26, 2021 12:37 PM Public Comment Subject: FW: Please Keep 20% Tandem Parking From: Stephan Muecke Sent: Tuesday, January 26, 202112:31 PM To: Council <c¢aun_cil_(nhient> Subject: Please Keep 20% Tandem Parking Hi, I am writing to you as a resident of District 1. 1 as that the council please re -instate the 20% tandem parking cap as it is a fair compromise for residents and builders. Regards, Stephan Muecke owl Accountant 11, A/R NNE Notable News Read the lclesNexGen(W Advisors hog rcccwi-ert deyeltme my in healthcare with President Biden's Healthcare e Policv AL�end a This message, and any documents attached hereto, may contain confidential or proprietary information intended only for the use of the addressee(s) named above or may contain information that is legally privileged. If you are not the intended addressee, or the person responsible for delivering it to the intended addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message by mistake, please immediately notify us by replying to the message and delete the original message and any copies immediately thereafter. Thank you for your cooperation. Public Comment From: Lauren Torres Sent: Tuesday, January 26, 2021 12:37 PM To: Public Comment Subject: FW: Tandem parking From: Brandon Nguyen Sent: Tuesday, January 26, 202111:51 AM To: Harry Sidhu (Mayor) Council <cauncii................................> _.._ __. Subject: Tandem parking Mayor Sidhu and Council Members, As a resident of West Anaheim who has advocated for quality residential projects, I ask you to please reconsider your vote on item 16 related to parking modifications in residential developments. At the first reading of this ordinance at the January 12 meeting, the council voted 5-2 (Faessel and Moreno voting no) to REMOVE the 20% cap on tandem parking. This process started back in 2018 and involved two workshops, resident input, staff input and the unanimous approval of all seven planning commissioners. As stated in the staff report, tandem parking is not highly desired among home buyers. The inconvenience often results in residents choosing to park off site rather than utilizing tandem parking spaces. The 20% cap is a fair compromise between developers and residents and helps to ensure that our new residential projects are a quality product. Staff stated in their report that "it is advisable and reasonable to have a cap on the maximum amount of tandem parking to ensure there is a mix of parking options within a project and to lessen the potential impact for off-site parking." The cap on tandem parking will not significantly impact whether developers build in Anaheim. Not supporting the 20% cap, however, will significantly impact the quality of life for residents citywide. Please support the 20% cap on tandem parking. Thank you. Brandon Nguyen District 1 resident Public Comment From: Tasheena Boyce Sent: Monday, January 25, 2021 2:53 PM To: Public Comment Subject: La Palma Park Restrooms Hello Please open the bathrooms at La Palma park. I would like to be able to take my family to the park to enjoy the park safely - which involves washing hands. Other parks we have visited in Anaheim are not only unlocked but fully stocked with soap and toiletries. Thank you, Tasheena B - resident of District 4