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08/24/2021ANAHEIM CITY COUNCIL REGULAR MEETING OF AUGUST 24, 2021 The regular meeting of August 24, 2021 was called to order at 3:00 P.M. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Blvd. The meeting notice, agenda, and related materials were duly posted on August 19, 2021. MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Stephen Faessel, Jose Diaz, and Trevor O'Neil. Council Member Jose F. Moreno joined the meeting at 3:04 P.M. and Council Member Avelino Valencia joined the meeting at 3:22 P.M. [One City Council vacancy] STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass PUBLIC COMMENTS ON WORKSHOP: City Clerk Theresa Bass reported that one (1) public comment was received electronically related to the Workshop. [A final total of 1 public comment was received electronically, distributed to the City Council, and made part of the official record]. — See Appendix. D159 WORKSHOP: Housing Element Update Project Dave Barquist, Kimley-Horn, provided a brief overview of the Housing Element and advised it is a required Chapter of the Anaheim General Plan. He reported the foundation of the plan is goals, policies, objectives, and actions related to housing and noted it is the only element of the plan that is submitted to the State for review and certification. He explained many procedural steps need to be completed before being certified. He advised the five basic components of the plan are a demographic profile of the community, analysis of constraints and resources to form the foundation of understanding with the community, analysis of potential sites to accommodate growth needs, and a foundation of existing policy that is evaluated including continuing programs, adding programs, and addressing new policy issues as they arise. He advised the foundation through 2029 is the policy program that is the core of the Housing Element process. Mr. Barquist advised community engagement is an important aspect of the plan and noted the City has done an excellent job of engaging with the community with all of the outreach activities done in English and Spanish including all live participation dialogue. He advised the website, project fact sheet, and email lists provide information and access to anybody who wants it at any time of day. He reported several workshops were held to address housing issues, a community surrey was made available from March through June, and a Housing Element Update Committee (HEUC) has been convened to review and analyze the Housing Element with the community's participation. Additionally, he reported a Planning Commission Workshop was held and a Housing and Community Development Commission meeting occurred on August 18, 2021. He advised some of the themes that have come out of those meetings is the overall need for housing and that the community is interested in creative solutions to meet that housing such as mixed -use live/work units, Accessory Dwelling Units (ADUs), and the equitable distribution of affordable opportunity throughout the community. Mr. Barquist advised the Regional Housing Needs Assessment (RHNA) is just one-half of the Housing Element process but is very important. He explained it is a trickle -down process through the State that defines a growth need and allocates that to the regional planning agencies or Housing City Council Minutes of August 24, 2021 Page 2 of 20 Non -Profit Organizations; in this case, the Southern California Association of Governments (SCAG) conducts a fair share allocation to each jurisdiction. He reported the allocation for 2021 — 2029 is 17,453 units broken down by income category from Very Low Income to Above Moderate Income and is the number of units of growth to satisfy the existing growth of housing unit need within the community. He provided a comparison of 51h Cycle RHNA unit allocation to 51 Cycle RHNA permits issues and noted that while the overall number exceeded the RHNA allocation, there were challenges in the lower -income portion of the spectrum. He explained that is where many of the policies and considerations moving forward would need to be addressed. He further explained the difference between the 51h cycle and the coming 6th cycle in terms of growth highlights a significant need to accommodate growth within the next number of years to 2029. He provided a brief overview of the occupations that make up the various income levels in Anaheim. Mr. Barquist provided photos of affordable housing units and noted they look like regular market -rate housing units but have some level of assistance to make the affordable housing opportunity come to fruition. Planning and Building Director Ted White reiterated the RHNA need for 2021-2029 for Anaheim is 17,453 units and the number of units in current projects is 13,463. He advised the Extremely -Low Income, Low Income, and Moderate Income projects are generally projects where the Community and Economic Development Department have played a role in the production of those units. He explained the 11,886 units listed in Above Moderate Income are reflective of the market -rate developments and include projects such as Angel Stadium and ocV!BE, which accounts for a large number of those units. He reported projected ADU construction based on State law is based on past performance and projected ADUs the City would see over the next eight -year period. He explained unit capacity on -site inventory could be thought of as sites in the City in which the planning process has been completed such as the Platinum Triangle, Beach Boulevard, and other opportunities in the community where the General Plan has already designated opportunities for housing. He advised the Proposed Change In General Plan Land -Use designation is where the City would be looking to change its General Plan and provide for new opportunities for housing to occur. He advised these are opportunity sites that meet the criteria where the City could see 9,367 very low and low-income units built. He noted the criteria for those units include the minimum size of the site, locations, as well as affirmatively furthering fair housing. He advised this does not mean the City expects all of those sites would be built with low-income or very -low-income units and noted it simply identifies sites that meet the criteria for the location of those units. Mr. White reported, when looking at the remaining RHNA need, the City is doing well. He advised the City has identified capacity in the low and very -low-income units that put the City over by nearly 6,000 in that category, the opportunity for moderate -income units that puts the City over by 10,000 units, and opportunity for above -moderate units that puts the City over by 3,000 units. He noted the total is ahead of schedule and advised there is a significant capacity to get the City to 37,000 units towards RHNA. He explained it is important to have a buffer zone in the numbers because one of the 71 State laws that were passed since 2017 is to meet No Net Loss, which means if the City develops sites then it must have additional site capacity at the ready. He believes the City has done a good job of building a buffer to set the City up for a successful eight years of implementation. Mr. White provided a brief overview of sites in Anaheim. He explained the green sites in the displayed image are projects that are in the City's project pipeline and include projects that have been entitled, are under construction, are in the formal development review process, or are in the conceptual development review process. He explained the yellow sites are those where the City has done the heavy lifting and planning to identify sites. He explained the red sites are those where there is a policy discretion and requested action as part of this Housing Element for sites that are planned and City Council Minutes of August 24, 2021 Page 3 of 20 that are currently not identified in the General Plan for housing but the City is proposing to identify for additional residential capacity. He advised there has been some interest in and he expected to see some significant mixed -use in the area of the Lowe's parking lot on Lemon Street. He noted many of the sites along the Anaheim Boulevard Corridor are sites staff plans to bring forward as part of the Center City Corridor Specific Plan in future months. He advised the areas identified in red in the northern portions of the Platinum Triangle are currently industrial areas that currently do not have a residential capacity identified in the Master Land Use Plan. He believes there would be pressure to expand those residential opportunities with the maturation of the Platinum Triangle. He noted, from a good land -use planning perspective, that the location could be capable of accepting additional residential units. Mr. White highlighted sites in the eastern portion of Anaheim in yellow on the slide that was planned for and approved as part of the Canyon Specific Plan where additional capacity is already planned. He advised the Canyon Specific Plan also identified two additional areas west of the transit center along the south side of La Palma Avenue between the 91 freeway and La Palma Avenue and near the intersection of Imperial Highway and La Palma Avenue. He explained both sites were identified in the specific plan as potential future policy discussions for residential and believed it was time to lean into those discussions as part of the Housing Element. He noted the former Kaiser Permanente Hospital site on Lakeview Avenue and further east a portion of the Festival Shopping Center have been identified as future housing opportunity sites where the General Plan and the Specific Plan would need to be amended. He reported the area identified in green near the 91 Freeway logo on the presentation is a single-family subdivision in Deer Canyon that has been on the books for a while. He advised the large piece of property is for the single-family units and the smaller piece is reflective of a larger apartment complex proposal the City recently received. Mr. White provided a brief overview of the next step and reported the public review of the Draft Housing Element would be available on August 26 and would be followed by a third community workshop on September 2. He explained the next step would be another HEUC meeting on September 9, followed by the Planning Commission recommendation to the City Council on September 27 where City Council would review the draft Housing Element and hopefully approve its submittal to the State on October 5. He advised once the draft Housing Element is submitted to the State, a statutory 60-day compliance review period begins. He explained the City then has roughly from November through January to review comments from the State, continue the dialogue, and come back to the Planning Commission and City Council with a formal General Plan amendment that would formally adopt and approve the Housing Element and incorporate it into the General Plan, noting that needs to be done by February 2022 and then becomes the City's guiding policy document for the next eight years. Lastly, he advised post -adoption activities include rezoning and land -use amendments, environmental clearance, and identifying the City's Pro -Housing Plan Designation and Implementation Plan. Mr. White provided a brief overview of policy considerations. He reported the 5th cycle programs were reviewed for performance, effectiveness, and appropriateness, community input was solicited for feedback on housing concerns and challenges, the HEUC was constituted to discuss needs and various technical issues, and State law changes were introduced. He noted all of those need to be incorporated into the City's policy discussion. He advised future policy discussion items include the production of affordable housing units and the potential use of religious and community facility sites for housing, which is a creative tool gaining momentum throughout the state. He reported it was a draft law a few years ago called "Yes in God's Back Yard" (YIGBY) and noted there has been interest from Anaheim's religious and community facilities looking to facilitate a new mission that includes housing. City Council Minutes of August 24, 2021 Page 4 of 20 DISCUSSION: Mayor Sidhu thanked staff for the presentation. He noted housing is a basic and universal need and advised planning for the future of housing in Anaheim is critical for the well-being of the community. He explained that economic opportunity hinges on the City's ability to house a diverse workforce. He advised the City needs housing for workers in the Anaheim resort, manufacturing, and tech workers throughout the Anaheim Canyon, civil servants, teachers, police officers, firefighters, healthcare workers and professionals, entrepreneurs, and business leaders. He noted the City must ensure quality housing for seniors and those with special needs. Mayor Sidhu reported the City has a strong record of accomplishment of meeting the housing needs of the community. He advised in the 1960s and 1970s, Anaheim expanded to the west and east of downtown, and in the 1970s and 1980s, the City saw growth in Anaheim Hills. He reported today, the City is seeing redevelopment across the City in west Anaheim, downtown, and the Platinum Triangle that is revitalizing Anaheim and bringing new residents to the City. He noted Anaheim has done more than any other Orange County city to address affordable housing and advised each year the City provides more than $80,000,000 in rental assistance that supports more than 6,000 households and offers nearly 4,000 affordable apartments across the City. Mayor Sidhu reported the City opened Buena Esperanza, Anaheim's newest supportive housing community, and noted it is the first community under the City's Motel Conversion Program adopted by City Council in 2019. He reported Buena Esperanza has helped 70 people get on a pathway out of housing instability and has made part of west Anaheim better by replacing an outdated motel with a beautiful community. However, he advised the need for affordable housing at all levels is great and the City must look at policies and programs to ensure it is meeting the needs of today and tomorrow. In response to Mayor Sidhu's inquiries, Mr. White explained the current Council Policy has all private sector developers who are interested in developing housing in the City meet with staff to discuss affordable housing programs and opportunities. He advised there is an interest from developers in participating and collaborating with the City on various projects. He noted, to date, there are four projects and another one in the pipeline that have chosen to participate with a voluntary contribution towards the City's housing programs. He anticipates approximately $600,000 in terms of contributions. He noted the contribution is collected at the time the building permit is issued. He explained the mechanism for the City to be able to accept a voluntary contribution is a Development Agreement. He advised there is potential in some cases that a project would need to go to the City Council because of the need for a Development Agreement. In response to Mayor Sidhu's inquiry, Interim Director of Community and Economic Development Grace Stepter reported when staff first prepared the current 5th RHNA cycle, the City had just learned of the dissolution of the Redevelopment Agency and the loss of the $14,000,000 in contributions to affordable housing that came with that agency. She reported it has taken the City several years to rebound from that loss. Ms. Stepter reported many State programs have attempted to fill the gap of the Redevelopment Agency. She advised there are five or six different competitive State programs the City is lining itself up to compete for. She reported, for example, the City applied for the Affordable Housing Sustaining Communities Act, which uses Greenhouse Gas funds for the project at the corner of Beach Boulevard and Lincoln Avenue, and for the Center of Hope, the City applied for No Place Like Home (NPLH) funding. She further advised the City is trying to obtain Homekey Program funding for motel conversions. She explained the City commonly goes after 4% and 9% tax credits, which is the more traditional financing mechanism and is very competitive. She explained to obtain those funds requires the City to strategically go after sites not already controlled by the City that score well because they are statewide competitions. She noted the sites are often required to. be located in places that have City Council Minutes of August 24, 2021 Page 5 of 20 good transportation, have access to groceries and other community amenities, and always require a local match. She advised the City is usually contributing project -based vouchers and some additional funding. She advised the City has aligned itself to compete well, but reiterated it is a competitive process, so if Santa Ana or Irvine decided to put forth more money they could potentially win the funding. She reported there is a permanent Local Housing Allocation of $2,000,000 that attempts to replace the Redevelopment Agency funds. Mayor Sidhu agreed it is a very competitive field and noted many other Orange County cities are competing for the same funding. Mayor Sidhu reported affordable housing remains one of the most important and critical issues the City is facing. He advised the State of California mandates require a lot from local jurisdictions, including Anaheim, and noted staff has responded by identifying opportunities throughout the City to meet future housing needs. He announced the time is right for the City Council to consider reasonably affordable housing production policies and noted the City would continue to be open to development. He advised this would be a partnership to bring a mix of housing to the City. Mayor Sidhu reported the development community consistently asks for surety, timeliness, and predictability. He advised establishing an Affordable Housing Production Program would streamline current processes by eliminating the need for development agreements and would save developers time and money. He noted it would provide substance and the assurance of an even and predictable playing field. He explained the locally generated and controlled revenue from such a program would help the City compete for significant State and Federal funding for affordable housing that may currently be left on the table since the City does not have the local matching funds or internal capacity to compete for and administer the funds. He advised this would put the City in a position to continue its leadership position for housing innovation. Mayor Sidhu explained several details need to be considered in creating this policy including applicable project thresholds, size, and appropriate contribution amounts. He requested to reconvene the Housing Affordability Working Group in the next two weeks to continue the conversation with support from staff. He recommended Council Member Diaz fill an opening on the working group because of the importance of housing to west Anaheim. He requested the group come back to City Council with ideas at the second Housing Element workshop on September 28 so the Affordable Housing Production Program proposal could be submitted as part of the draft Housing Element Policy being recommended for submittal to the State at the October 5 City Council meeting. In response to Mayor Pro Tern Faessel's inquiry, Ms. Stepter advised the ability to go after additional State and Federal funding would require additional personnel resources. She advised affordable housing funds are competitive and require staff to become experts in the City's landscape including what scores well, ensuring sites are shovel -ready, working through environmental issues, having ongoing conversations with the City's affordable housing partners in terms of financing, and going after other funds such as the local housing finance trusts, which is an additional application process. She further explained typical affordable housing developments currently take four or five different funding sources all with various application processes. She noted there are currently three in the pipeline but the City could do much more if there were an opportunity to have more bandwidth for planning and being aggressive in identifying more sites and where the City would compete the best. In response to Council Member Moreno's inquiry, Mr. White confirmed that the Council Policy of asking for voluntary contributions recently resulted in a projected $600,000. Ms. Stepter explained the cost of one affordable housing unit depends on the type of household being housed and noted special needs are the highest, around the $400,000 range. She further explained the City's average contribution towards an affordable housing project is in the vicinity of $2,000,000 to $3,000,000 to compete for other available funding. City Council Minutes of August 24, 2021 Page 6 of 20 Council Member Moreno recommended for the discussion to go with the standard that was set by the City Council since it provided $128,000,000 in credit for 400 affordable housing units. He inquired as to the average unit cost for those credits. Ms. Stepter advised she does not have the number before her. Council Member Moreno believed the credit was in the range of $250,000 to $300,000 per the staff report at the time. He advised this voluntary approach would result in two affordable housing units out of 600 units and is insufficient towards the need the City has. He reiterated that several years ago there was a group of developers that met with the previous iteration of the Affordable Housing Group and advised that if the City does not require it, it is very hard to have predictability because the developer who is building full market -rate housing bids for the land knowing they are going to receive market -rate profits from the land can outbid a developer who will build 20% to 15% affordable housing where the profit margins are much slimmer. He noted deveiopers who said they prefer stability, reliability, and timeliness are looking for fair, consistent rules to work with so they can buy the land they need because the City is running out of land. Council Member Moreno noted that according to the Angel Stadium Development Agreement, SRB Management has 25 years to build out 5,000 residential units, 700 of them being affordable housing units, with 400 being built in the first 15 years. He noted it is plausible that most of the units may not be built in the next eight years. In response to Council Member Moreno's inquiry, Mr. White explained the State requires the City to provide the site capacity for those units but does not control when those units are built. He cited the example of the A -Town project across the street from Angel Stadium, which is shovel -ready and development entitled, but the market did not support the development of those units. The City has provided that development opportunity to the private sector to allow for those units to be built and that is what the State is obligating the City to do. He advised, in the case of Angel Stadium, the City has provided capacity, zoning, and has met the criteria for those units. He anticipates that a significant number of those units would be supported by the market and get built in the next eight years. Council Member Moreno requested a comparative document on units for the 5th RHNA cycle when the draft Housing Element is presented to the City Council. In response to Council Member Moreno's inquiry, Ms. Stepter advised the Housing Authority holds the lien on the second mortgage that is used to provide homeownership assistance to residents through the BEGIN and HOME Programs. She explained that homeowners who utilize it typically pay a 3% interest rate and when the loan is paid off, it goes into a revolving fund used for future assistance. She clarified the second mortgage is silent until the first mortgage is paid off through refinancing or other means. Community Investment Manager Andy Nogal confirmed homeowners could pay off loans when they refinance. He noted some do come due sooner and homeowners would have the option of making payments on that second mortgage. He confirmed that what makes it affordable is that the second mortgage does not have to be repaid until the first mortgage is paid off, the loan is refinanced, or the home is sold. Ms. Stepter confirmed it is not steady revenue because the City needs to wait for the homeowner to either sell or refinance to receive the funds. She noted the City sees more payoffs when the interest rate is favorable. Council Member Moreno requested a report to see how much of this is City assets. Council Member O'Neil thanked staff and Housing Element Update Advisory Committee appointee Tim Graham for their work on the workshop. He thanked staff for including several sites he had suggested that were not previously identified for consideration, such as the Kaiser Permanente site. He would like to have additional sites considered to protect neighborhoods and quality of life for City Council Minutes of August 24, 2021 Page 7 of 20 residents in District 6 from impacts such as traffic, noise, views, and parking. He advised an additional site is the Manheim site on the corner of Orangethorpe Avenue and Tustin Avenue, which is a very large site adjacent to homes, is near transit, has tremendous potential, and should be submitted as part of the package. He advised another site is the strawberry field at the corner of La Palma Avenue and Shepherd Street and potentially the adjacent Camelot parking lot, which is typically underutilized. He believed there was an opportunity for Camelot to have shared parking agreements with some of the adjacent office and industrial centers. Lastly, he requested City Council and staff be very thoughtful about the Festival Center, noting it is on the list of potential projects to rezone, and wanted to make sure not to lose limited commercial space in Anaheim Hills. Council Member O'Neil advised the City needs to zone for an additional 1,895 moderate -income units. He advised the city has been very successful in its workforce housing initiative that came out of the Ad -Hoc Housing Committee last year and noted the City has created approximately 1,000 units for which the City is not receiving RHNA credit. He advised if the Department of Housing and Community Development (HCD) wants to drive the creation of those moderate -income units, the Workforce Housing Reward Program is the only funding mechanism available to do it and could be done quickly if the City were to receive RHNA credit for it. He reported the City only created 50 moderate -income units in the last cycle so this would be a way to meet and exceed the need but the State has to come to the table and help. Council Member O'Neil advised he is not a proponent of inclusionary zoning or in -lieu fees. He referenced Santa Ana's recent action to reduce their inclusionary requirements to demonstrate that those policies do not work and are not successful in generating the needed housing. He advised the City is faced with an unfunded mandate and is simply subject to the laws coming out of Sacramento. He believed the City could find some creative solutions and thanked Mayor Sidhu for reconvening the Ad Hoc Housing Committee to explore some of those solutions. He advised the City is in a unique position of having a Housing Authority that can be leveraged to find creative ways to go after additional funding. He was encouraged by the voluntary contributions that have been pledged or received since the policies have been enacted and looked forward to discussing additional solutions over the next few weeks when the committee reconvenes. Council Member Diaz thanked Mayor Sidhu for appointing him to the Ad Hoc Housing Committee and thanked the committee members for their participation. He reported he was pleased that most of the projects coming in the pipeline in District 1 are in line with the Beach Boulevard Specific Plan because it needs a lot of housing and neighborhood investment. He noted there needs to be a balance between housing and neighborhood investment in District 1. He thanked staff for their hard work on the Housing Element and requested to see a graph correlating the increase in State laws with the increase in housing prices. Council Member Valencia expressed appreciation for staffs time and effort put into the process and the community's investment in the Housing Element. In response to Council Member Valencia's inquiries, Mr. White reported three projects with voluntary contributions are approved, one that will come to City Council shortly, and one that is in the pipeline. He clarified all five were unique developers and have all participated in the voluntary program. He explained there are many projects in the current pipeline that are not participating through that same mechanism of a development agreement. He further advised some other projects have taken advantage of some of the City's down payment assistance programs. His best estimate is there are dozens of developers who have not participated in the program. City Council Minutes of August 24, 2021 Page 8 of 20 In response to Council Member Valencia's inquiries, Ms. Stepter advised the voluntary program has not hindered housing because it is an additional resource. She explained the City has not collected any funds so it cannot be used as a local match to anything. She advised that having a local fund that is robust and funded into the future is going to be something the City would welcome because currently, the money infused into these projects comes from the local Housing Trust funds, which are funds from the former Redevelopment Agency, and there will come a day when that fund will be depleted. She advised the money the City hopes to collect soon from developers would be going to support the Senior Safety Net program, which is another worthwhile endeavor, but has no State or Federal programs available to fund it. Council Member Valencia expressed support for the idea of creating a streamlined process where the City can engage with its religious and community sites to investigate housing initiatives. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 4:11 P.M., Mayor Sidhu recessed to closed session for consideration of the following: 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) (1) of the Government Code) Title: City Manager, City Attorney, and City Clerk 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organizations: City Manager, City Attorney, City Clerk At 5:06 P.M., Mayor Sidhu reconvened the Anaheim City Council. MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Stephen Faessel, Jose Diaz, Jose F. Moreno, Avelino Valencia, and Trevor O'Neil [One City Council vacancy] INVOCATION: Pastor Ron Oakley, The Rock Church in Anaheim FLAG SALUTE: Mayor Pro Tern Stephen Faessel Presentation: Presentation by Orange County Vector Control Mayor Sidhu announced the presentation would be made at a later date. Acceptance of Other Recognitions To be presented at a later date): Recognizing September 2021, as World Alzheimer's Awareness Month Recognizing September 2021, as National Preparedness Month Deputy Fire Chief Mike Molloy accepted the proclamation for National Preparedness Month. City Council Minutes of August 24, 2021 Page 9 of 20 Recognizing September 2021, as National Library Card Sign -Up Month Library Services Supervisor April Ray accepted the proclamation for National Library Card Sign -Up Month. She reported the Anaheim Public Library is planning a month -long celebration of both new and returning patrons to libraries throughout September. She advised the library would have weekly grand prize giveaways and prize wheels at each location where entries can be earned for signing up for a new library card, checking out materials, or participating in a scavenger hunt. She noted there would be something for everyone at the Library in September and encouraged residents to participate. Recognizing September 2021, as Childhood Cancer Awareness Month ADDITIONVDELETIONS TO THE AGENDAS: City Clerk Theresa Bass announced approval of Item No. 12 would include a revised page 6 in Attachment A, specifically pertaining to Post-65 Retirees plan costs, as distributed to Council via memo. PUBLIC COMMENTS (all agenda items): City Clerk Theresa Bass reported that a total of three (3) public comments were received electronically prior to 5:00 P.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of 3 public comments were received electronically, distributed to the City Council, and made part of the official record]. — See Appendix. Elizabeth Hansburg advised she is a Housing Advocate for Peo��leforhousinq.orq; which is part of the YIGBY movement and a member of the Housing Element Update Committee. She thanked the City for all it is doing for housing but expressed concern that there is a large gap between regular housing and affordable housing. She advised renters are feeling the ever-increasing cost of housing, which homeowners are insulated from due to having a mortgage where their housing costs do not necessarily change unless they decide to move. She explained high -need communities with a higher poverty rate and low-income communities of color are feeling the pressures of gentrification and displacement. She advised there is no policy for any type of inclusionary housing. She encouraged City Council to include consider a modest inclusionary policy on parcels that are rezoned to meet the community's need for affordable housing. Larry Larsen addressed Council Member O'Neil regarding his removal from the Sister Cities Commission. He referenced emails from Council Member O'Neil referring to a breakfast they both attended for which Mr. Larsen paid and provided a copy of the receipt. He addressed comments related to campaign contributions and questioned if Council Member O'Neil reported this campaign contribution. R. Joshua Collins, Homeless Advocates for Christ, advised the City needs more affordable housing, permanent supportive housing, and walk-in shelters. He noted the City is selling Angel Stadium for $150,000,000 when it may be worth $1 billion and inquired why the City was not looking out for its residents. He encouraged City Council to work towards helping the common people, especially homeless families, and making sure they have the basic needs of life. He encouraged the City to have more detox centers for residents dealing with addiction. City Council Minutes of August 24, 2021 Page 10 of 20 Mike Robbins advised the City is approximately $1 billion underwater at this particular time with the unfunded pension liability. He noted the City is going to sell Angel Stadium that could sell for up to $1 billion. He advised Arte Moreno would be building 5,000 apartments around the stadium with a value of $4 billion, 5 million square feet of office space that will generate $180,000,000 per year, and 1,000 hotel rooms that would generate $110,000,000 per year. He noted that Anaheim needs the money and advised that if the stadium was sold at the right amount and the money was invested properly it could go towards staffing the police and fire departments and schools. Chad Kroeger advised he is an activist and party enthusiast and encouraged City Council to support a government -subsidized public yacht grant program where people could apply to get free access to yachts. JT Parr spoke of his yachting in Mexico and encouraged City Council to put forward the public yachts initiative. An unidentified male speaker advised many elected officials in California should be recalled because they cannot do their job. He encouraged residents to vote for Larry Elder for California Governor and spoke negatively about the City Council agenda. Mayor Sidhu noted that Anaheim is committed to freedom of speech and advised the microphone gives everyone the chance to address the City Council with ideas and concerns. He advised as the City Council encourages everyone to speak with civility and respect for others and noted, unfortunately, not everyone aspires to the same standard as the City and condemns the hate speech and offensive language. Bryan Kaye alleged Council hired someone to set off pipe bombs around Anaheim. He encouraged the City Council to dress appropriately for the meeting and accused Mayor Sidhu of ordering people to ignore him within the City. He noted he would like to buy one of the homes being built in the City but questioned if they have been built properly. Vance D. Dizney spoke about Puss N' Boots and Disneyland. He alleged hate crimes due to use of profanity. Jeanine Robbins advised there is no philanthropy or generosity in Anaheim and accused some of the City Council of buying their seat with unethical campaign donations. She addressed funding for the Chamber of Commerce, Visit Anaheim, Anaheim First, and Arte Moreno as inequitable to what the residents receive. She stated she was not surprised when she learned State Auditors had given the City an at -risk rating. She reported she heard rumors of the City Council appointing Gloria Ma'ae to fill former Council Member Brandman's vacancy and accused Ms. Ma'ae of threatening violence against her. Cecil Jordan Corkern reported seeing Walt Disney in November 2019 at Kohl's and reported seeing Elvis Presley and Ronnie Van Zant from Lynyrd Skynyrd. Wes Jones addressed the vacancy in District 2 and how he believed it would be selected by Mayor Sidhu and the remainder of the City Council except for Council Member Moreno. He requested they select someone who would represent the residents of Anaheim and not for political purposes. He noted the Governor of Hawaii has encouraged tourists to stay away because he does not want COVID in his State while Anaheim is trying to get all the Disney tourists back in Anaheim during the time of COVID. He encouraged residents to boycott Disney until COVID is under control and it could pay a living wage to its employees. City Council Minutes of August 24, 2021 Page 11 of 20 Vern Nelson encouraged residents to get vaccinated especially with the rise in the Delta variant. He reported Assembly Member Sharon Quirk-Silva's Assembly Bill 978 is being signed by Governor Newsom, which calls for rent caps on mobile home parks, and is good news for the Rancho La Paz Mobile Home Park. He reported John Saunders gave tens of thousands of dollars in campaign contributions to the majority of City Council. Kenneth Batiste advised the constitution was built on the common people and believed Anaheim was being caught up in power and money. He noted the United States is losing sight of humanity as the richest country in the world yet with 9 of the 15 largest homeless cities in the world. He reported there has been a vacant supermarket on Rio Vista and Lincoln for 10 years in District 5 and encouraged City Council to do something about it. Donna Acevedo -Nelson reported her son Joel was killed Anaheim Police Department on July 22, 2012. She advised she heard the City would be contracting with Be Well OC for a pilot program that would help with mental health crisis calls and she hoped to see these calls be routed to mental health experts. She reported an officer was involved in an off -duty shooting in which he killed one person and shot another and advised he would routinely park in front of her home where they would have long conversations. She advised he was disturbed and needed mental health assistance. She recently learned he had committed suicide in 2017 and feels the City let him down. She feels residents should be made aware when something of this nature happens with an officer because it is not safe for residents. CITY MANAGER'S UPDATE: City Manager Jim Vanderpool congratulated the Anaheim Police Department and its various divisions and staff for a successful National Night Out at La Palma Park that was attended by thousands of attendees. He reported the Public Works Department has successfully negotiated a framework with the California Department of Transportation for the City to take ownership of Beach Boulevard within Anaheim City limits and a recommendation to approve a conditional offer to relinquish Beach Boulevard would be presented to the City Council in September. He noted the entire process would still take several years, but this was an important milestone in realizing the full implementation of the Beach Boulevard Specific Plan He announced that Sergio Ramirez joined the City as the Economic Development Director, following his previous tenure in Anaheim and the City of Long Beach. Mr. Vanderpool listed various initiatives and projects Mr. Ramirez would work on across the City. In response to Council Member Valencia's inquiry, Mr. Vanderpool stated Anaheim has been through challenging times but the City is in strong financial health, staff was reviewing the recent findings of the State Auditor but disagreed with the methodology utilized as Anaheim is a full -service City so ranking Anaheim with smaller cities is a disservice and not a fair comparison to cities statewide, and that the City is the early stages of recovery with a brighter future and had come through the pandemic with uninterrupted service to the community and no employee layoffs. In response to Council Member Moreno's inquiry, Mr. Vanderpool stated a review of the response to the audit report could be agendized at the request of the City Council. City Council Minutes of August 24, 2021 Page 12 of 20 CONSENT CALENDAR: At 6:08 P.M., the consent calendar was considered. Council Member Moreno pulled Item Nos. 02 and 08 and Council Member O'Neil pulled Item No. 12 for separate discussion and consideration. Council Member Diaz disclosed the City of Orange as his employer and noted that he conferred with the City Attorney and he could participate on the vote of Item No. 09. MOTION: Council Member Diaz moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar, in accordance with reports, certifications, and recommendations furnished each City Council Member and as listed on the consent calendar, seconded by Mayor Pro Tern Faessel. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. B105 1. Receive and file minutes of the Library Board meetings of June 14, 2021 and July 12, 2021. D180 3. Accept the bid from Border Tire, in the amount of $62,492.50 plus a 20% contingency, for as - needed roadside tire repair services for a one year period with up to four one-year optional renewals, and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9535. D180 4. Accept the bid from Anawood Cleaners, in the amount of $30,457.50, for as -needed laundry and dry cleaning services for the Anaheim Convention Center for a one year period with up to four one-year optional renewals, and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9539. 5. Waive the sealed bid requirement of Council Policy 4.0 and ratify the issuance of a purchase D180 order to All -Star Post -Tension, in the amount of $87,450, for repairs needed to the external post tension system supporting the concrete structure in Parking Structure 2 at the Anaheim Convention Center, and increase the Convention Center FY 2021/22 expenditure appropriation by the same amount. D180 6. Authorize the Purchasing Agent to issue purchase orders, in an amount not -to -exceed $3,540,727 plus applicable taxes, for 18 City vehicles for the 2021/22 fiscal year. AGR- 7. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Finance Director, or 10757.3 designee, to execute and administer the Amendment No. 3 to the Enterprise License Agreement with Environmental Systems Research Institute, Inc., in the amount of $825,000, to extend the current software for an additional three year period including all updated licensing and the annual maintenance and support for the three-year period from September 1, 2021 through August 31, 2024 for the Geographic Information System Office. 9. Approve the cooperative agreement with the cities of Orange (lead agency), Placentia, Santa AGR- Ana, Tustin, and Yorba Linda, in the amount of $121,772.50 cost match share by the City of 13068 Anaheim, to implement traffic signal synchronization on Tustin Avenue/Rose Drive from the intersection of Tustin Avenue and First Street in the City of Tustin to Rose Drive and Wabash Avenue in the City of Yorba Linda, for a term through December 31, 2026 with two one-year extensions. Item No. 09 Council Member Diaz disclosed that the City of Orange is his employer but he conferred with the City Attorney and could vote on this item. City Council Minutes of August 24, 2021 Page 13 of 20 AGR- 10. Approve the First Amendment to the Engineering Services Agreement with Michael Baker 10475.1 International, Inc., increasing the not to exceed amount by $246,000 for a total agreement not to exceed amount of $1,220,135, for the Orangewood Avenue Improvements Project from the Santa Ana River to east of the State Route 57; and authorize the Director of Public Works to execute the amendment and to take the necessary actions to implement and administer the agreement. 11. Approve a Communications Site License Agreement with the Metropolitan Water District of AGR- Southern California to provide the City with a site in the City of Yorba Linda for 13069 telecommunication facilities operated by Anaheim Public Utilities, for an initial ten year term with up to three additional five-year terms and an annual license fee of $38,400 with an annual escalation of 3% and a one-time $5,000 processing fee; determine that the proposed actions are categorically exempt from the California Environmental Quality Act pursuant to Section 15301(b) of Title 14 of the California Code of Regulations; and authorize the Public Utilities General Manager to execute the agreement and any related documents and to take the necessary actions to implement and administer the agreement, including termination of this and any previous related licenses or leases on or adjacent to the proposed licensed site (4680 Green Crest Drive). D154.5 13. RESOLUTION NO. 2021-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees represented by the International Brotherhood of Electrical Workers, Local 47 - General Unit (effective July 1, 2020 through December 31, 2022). 14. RESOLUTION NO. 2021-081 A RESOLUTION OF THE CITY COUNCIL OF THE D154.5 CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications assigned to the Part -Time Customer Service Unit represented by the International Brotherhood of Electrical Workers, Local 47 (effective July 1, 2020 through December 31, 2022). B130 15. RESOLUTION NO. 2021-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its official intent to reimburse certain Electric Utility Fund expenditures from the proceeds of bonds or other obligations (amount not expected to exceed $120,000,000). RESOLUTION NO. 2021-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its official intent to reimburse certain Water Utility Fund expenditures from the proceeds of bonds or other obligations (amount not expected to exceed $60,000,000). 16. RESOLUTION NO. 2021-084 A RESOLUTION OF THE CITY COUNCIL OF THE Pilo CITY OF ANAHEIM vacating public utility easements located at 100-394 West Cerritos Avenue pursuant to California Streets and Highways Code Section 8330, et seq. - Summary Vacation (ABA2019-00400). 17. ORDINANCE NO. 6512 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM M142 amending Chapter 17.28 (Flood Hazard Reduction) of Title 17 (Land Development and Resources) and Chapter 18.28 (Floodplain "FP" Overlay Zone) of the Anaheim Municipal Code relating to the identification of flood hazard areas and the reduction of flood hazards and making findings and determinations in connection therewith. City Council Minutes of August 24, 2021 Page 14 of 20 Determine that the above actions are exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines under Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations (introduced at Council meeting of August 10, 2021; Item No. 12). F130 18. ORDINANCE NO. 6513 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a franchise to Torrance Pipeline Company LLC, to maintain and operate pipelines for oil, gas and other substances in the City of Anaheim (introduced at Council meeting of August 10, 2021; Public Hearing Item No. 17). D114 19. Approve minutes of City Council meetings of November 24, 2020 and December 8, 2020. END OF CONSENT CALENDAR: D116 2. Approve proclamations recognizing September 2021 as Hunger Action Month and recognizing the 20th Anniversary of September 11, 2001. Assistant City Manager Greg Garcia reported staff received a letter from the Second Harvest Food Bank asking for the City to recognize Hunger Action Month in September. He advised they would also like to send representatives to a City Council meeting in September to talk about the work they have been doing throughout the pandemic, raise awareness about hunger and food insecurity in the County, and celebrate the resilience of the City and the efforts that occurred throughout the last 12 months. MOTION: Council Member Moreno moved to approve proclamations recognizing September 2021 as Hunger Action Month and recognizing the 20th Anniversary of September 11, 2001, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. 8. Award the contract to the lowest responsible bidder, EBS General Engineering, Inc., in the AGR- amount of $5,317,919.39, for the Northeast Anaheim Colony (Sabina) Neighborhood 13085 Improvements Phase III - Area B Project; authorize the Director of Public Works to execute the contract and any related documents, and to take the necessary actions to implement and administer the contract; determine that 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. Public Works Director Rudy Emami reported the project is the third phase of the Public Works Department's efforts to rehabilitate the Northeast Anaheim Colony (Sabina) Neighborhood. He reported Phase III is located within the streets bordered by La Palma Avenue, Pauline Street, Sycamore Street, and Anaheim Boulevard. He advised Phases I and II were completed in 2019 and 2021, respectively, and reported Phase IV and V are laid out in the City's Capital Improvement Program (CIP). He explained the work being performed consists of rehabilitating the roadway by removing and reconstructing the asphalt concrete and sidewalks, access ramps, driveway approaches, curbing gutters, pavement marks, repainting curbs, and water main replacements as shown in the project plan and specifications. He advised the bid prices are reasonable and within the available funding. He reported construction would begin in fall 2021 and would be completed by summer 2022. He advised this project is being coordinated with three sewer improvement projects City Council Minutes of August 24, 2021 Page 15 of 20 and an electrical underground project on Sycamore Street. He advised every effort is being made to minimize the impacts to on -street parking and residents. DISCUSSION: In response to Council Member Moreno's previous comments, Mr. Emami reported this area has seen limited work over the years made and was made a priority five years ago to start putting together the funding and plan. He advised it required a large plan driven by the drainage and noted Anaheim Public Utilities has taken the opportunity to complete the infrastructure work so when repaving is completed, the streets are not being reconstructed. Council Member Moreno thanked Mr. Emami for coordinating a community meeting to answer residents' questions, Anaheim Public Utilities for completing the lighting work, and for residents who voted for Senate Bill 1. MOTION: Council Member Moreno moved to award the contract to the lowest responsible bidder, EBS General Engineering, Inc., in the amount of $5,317,919.39, for the Northeast Anaheim Colony (Sabina) Neighborhood Improvements Phase III - Area B Project; authorize the Director of Public Works to execute the contract and any related documents, and to take the necessary actions to implement and administer the contract; determine that 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, seconded by Mayor Pro Tern Faessel. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. D154 12. Approve the 2022 Health and Welfare Plan Rates and authorize the Human Resources Director, or designee, to enter into and execute all required provider agreements as well as take the necessary actions to implement and administer the agreements. DISCUSSION: Council Member O'Neil explained introducing competition leads to lower costs and better service. He advised he met with Human Resources Director Linda Andal about shopping healthcare rates as he has experience doing so in the private sector. He advised a significant benefit is that employees would be paying less of the premium themselves. MOTION: Council Member O'Neil moved to approve the 2022 Health and Welfare Plan Rates and authorize the Human Resources Director, or designee, to enter into and execute all required provider agreements as well as take the necessary actions to implement and administer the agreements, seconded by Mayor Pro Tern Faessel. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. D116 20. Determine the appointment process to fill the District 2 City Council vacancy and direct staff D113 accordingly. Mayor Sidhu advised the City Charter provides that the City Council may fill a vacancy by appointment and if it does not do so after 60 days, there would be the expense and delay of a Special Election. He believed City Council could find a qualified community leader in District 2 through the appointment process who would serve the residents of west Anaheim and the City for the 15 months remaining in the term. City Clerk Theresa Bass reported former Council Member Jordan Brandman submitted a letter of resignation on August 5, 2022 resigning from his District 2 Council seat effective immediately. She advised under Section 503 of the City Charter a vacancy on the City Council for whatever cause City Council Minutes of August 24, 2021 Page 16 of 20 arising shall be filled by appointment by the City Council. She explained that such appointee shall hold the office until the first Tuesday following the next General Municipal Election, which is scheduled for November 8, 2022, or until their successor qualifies. She advised, in the event the City Council fails to fill a vacancy by appointment within 60 days, the City Council should cause an election to be held to be to fill the unexpired term. She explained the 60-day period ends on October 4, 2021. Ms. Bass advised under Section 501 of the City Charter, candidates shall be a resident and qualified elector of District 2 at the time of and 30 days immediately preceding his or her appointment to the office. She explained the City Council might determine to make a direct appointment or to use an application process to fill the vacancy. She advised should the City Council choose to utilize an application process, a dedicated website and web page on the City's website could and would be established to provide interested candidates an opportunity and a location to access a proposed application. She noted a proposed application was included in the agenda packet for City Council consideration to provide City Council sufficient time to review and possibly contact the interested candidates. She explained each application as submitted would be distributed to City Council and also posted to the City's dedicated website for public review and access.. Ms. Bass explained the proposed schedule would be to open a candidate application period on August 25, including the dedicated website for City residents of District 2 to access the candidate application, and would continue through September 8 at 5:00 p.m. She advised all applications as submitted to the City Clerk's Office would be distributed to City Council for consideration and review. She further advised the appointment and all applications as submitted by September 8 would be provided for City Council consideration at the September 14, 2021 City Council meeting. She noted that meeting would also provide an opportunity for any interested candidates to be present at the City Council meeting to speak and address the City Council under public comments. She advised if no appointment occurs within 60 days, the vacancy would need to be filled by a Special Election. She reported the cost estimated by the Orange County Registrar of Voters to call for a Special Election is estimated to be $191,000 to $221,000. DISCUSSION: Mayor Sidhu believed the best option is to conduct an open and transparent appointment application process as outlined in the staff report. He advised the City Council could then deliberate on applicant submissions at the next meeting in three weeks to reach a consensus on a District 2 appointment. MOTION: Mayor Sidhu moved to direct staff to open the application period consistent with the proposed schedule recommended in the staff report, seconded by Council Member O'Neil. DISCUSSION: Mayor Sidhu explained this means the application period would open and the website would be available starting August 25 through September 8 at 5:00 p.m. using the proposed application form attached to the staff report. He explained the application would be posted on the City Clerk's website and the City Council would deliberate on the applications with the plan to appoint someone at the September 14 City Council meeting. He encouraged his colleagues to interview candidates or meet with them at their convenience, noting he planned to do so. Mayor Pro Tem Faessel expressed support for the item. He recommended a minor change to the sample application to state "lived, worked in District 2 of Anaheim". Ms. Bass agreed to make the change and noted the application also provides for interested candidates to attach any resumes or additional information as an attachment. City Council Minutes of August 24, 2021 Page 17 of 20 Council Member Valencia agreed with Mayor Sidhu's sentiment that the process should be open and transparent. He would also expect the process to be fair and inclusive. He expressed concern with the time constraint of interviewing candidates individually. He would like each applicant to be allowed to address the City Council, even if it was a short amount of time. In response to Mayor Sidhu's inquiry, Ms. Bass advised if City Council desires, interested candidates could submit their application and would then be invited to address the City Council at the September 14 meeting. She noted time would be allowed for that process and they could be heard before public speakers come forward. Council Member Moreno advised the City's fiscal situation makes him take a pause and noted he normally would want to support a Special Election so the people could decide. He explained that given the amount of time left in the term and the cost of the Special Election he was supportive of this application process and making it as inclusive and transparent as possible. He suggested candidates list the top two issues they are facing in District 2 to get a sense of their concerns beyond just wanting to serve. He believed this would allow the public to read the applications and see which of the candidates may be speaking to things that might concern them and hopefully prompt them to communicate to City Council with their preferences and comments. Council Member Moreno suggested hearing a five-minute presentation from each candidate and recommended a Special Meeting on a day separate from the regular City Council. He would prefer not to hear from candidates and vote on them the same evening, as he would like the public to have an opportunity to be heard. Mayor Sidhu advised he feels three weeks is plenty of time for the City Council to meet with the candidates. He explained the candidates could also meet and address the residents of District 2 just like anyone campaigning. He would like to see the candidates address the City Council and the vote taken on September 14. He noted he was open to the suggestion of increasing the speaking time to five minutes and advised he was open to extending the time if the candidate pool was small. He expressed opposition to having a Special Meeting because he felt there is plenty of time to select a candidate. In response to Council Member Diaz's inquiry, Mayor Sidhu restated the proposed process. Council Member Diaz expressed support for giving the applicants time to address the City Council and felt the time limit could be set when the candidate pool size is realized. He expressed support for the process presented tonight and noted he was very interested in the District 2 candidate because west Anaheim is in need. He noted he would meet with as many applicants as he can Council Member O'Neil expressed support for the process and advised if the City Council cannot come to a consensus on an applicant, the process could be continued by City Council. He agreed there should be some statements of priorities for District 2 and Anaheim at large as well. In response to Council Member O'Neil, Ms. Bass advised the only verification that is required is the Orange County Registrar of Voters would verify the candidate is a qualified elector of District 2. City Attorney Robert Fabela advised adding a statement on the application that the information may be independently verified by a third party could not hurt. Council Member Moreno noted City Council is voting on the general process and agreed with adding statements of priorities not only for District 2 but also for Anaheim at large. He inquired who would be determining the amount of time each candidate is given to address the City Council. City Council Minutes of August 24, 2021 Page 18 of 20 In response to Council Member Moreno's inquiry, Ms. Bass clarified a majority vote of four would be required to make an appointment. Mayor Sidhu clarified there would not be a special meeting and they would be having the candidates speak on September 14 where they would be provided enough time to address the City Council, as determined by the meeting chairperson. In response to Council Member Moreno's inquiries, City Manager Jim Vanderpool advised the agenda forecast for September 14 is light and there are no substantive items submitted and no public hearing scheduled. He noted staff would intend to keep the agenda light due to the priority of filling the vacancy. Ms. Bass clarified the appointee would be sworn in at a subsequent meeting of the City Council. Mr. Fabela advised the appointee could be sworn on September 14 and a placehoider could be placed on the agenda to ensure there were no Brown Act issues. He explained it could also be scheduled for the next meeting for ceremonial purposes but it is up to the desire of the City Council. Mayor Sidhu recommended waiting for the oath for the next City Council meeting. MOTION: Mayor Sidhu moved to direct staff to implement an appointment process, with suggested revisions to the draft application, and to approve the recommended schedule, with applicants invited to address Council at the September 14, 2021 City Council meeting, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. B105 21. Nominate and appoint a representative to serve on the Orange County Water District — District 9 Orange County Water District — District 9 APPOINTMENT: Mayor Sidhu (currently held by Jordan Brandman) DISCUSSION: Council Member Diaz advised water utility is his passion and has been his career for more than 20 years. He noted it is unfortunate that many residents do not know the Orange County Water District (OCWD) exists since 75% of the City's water comes from groundwater. He advised OCWD is the entity in charge of refilling the aquifer. He advised every investment comes with debt obligations and noted the decision is coming soon on desalination, which will increase the cost of water but at the same time guarantee 50 million gallons of water per day. He advised it is important the City does not take the appointment lightly and wanted to make sure the right decision is being made for the future of Anaheim's children. NOMINATION: Council Member Diaz nominated Mayor Sidhu to serve on the Orange County Water District — District 9. ROLL CALL VOTE: AYES - 5 (Mayor Sidhu and Council Members Faessel, Diaz, Valencia, and O'Neil); NOES — 1 (Council Member Moreno). Nomination approved. At 6:47 P.M., Mayor Sidhu recessed to closed session and reconvened the Anaheim City Council at 8:23 P.M. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non -agenda items): None City Council Minutes of August 24, 2021 Page 19 of 20 COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Moreno thanked the Public Works, Public Utilities, and Community Services Departments for their work on the Sabina/Northeast Colony project as well as the community for their continued efforts to improve the neighborhood. He thanked the Police Department for addressing neighborhood concerns. He congratulated the Police Department for receiving the Humanitarian and Service Award at the St. Anthony Claret Mariachi Festival fundraiser and acknowledged the Anaheim Elementary and Anaheim Union High school districts and Latino Health Access for their recognitions of their efforts through COVID-19 with food distributions, testing, vaccinations, and outreach. He thanked Neighborhood Services and Republic Services for offering neighborhood clean-up events. He requested a future agenda regarding the State Auditor's Report to review the methodology and the City's response, concurred by Council Member Valencia (request failed for lack of a second concurrence). Council Member Moreno requested a memo or possible agenda item from the City Manager about possible projects and timeline regarding the recently passed Congressional Infrastructure Bill. He encouraged everyone to stay safe regarding COVID-19, particularly for the children unable to be vaccinated and wished good luck to all college and university students. City Manager Jim Vanderpool addressed the tragic accident that occurred at Lincoln Avenue and the 57 Freeway where a construction truck crashed into an apartment building, killing one person and displacing eight families. He reported staff was working closely with the Red Cross to provide assistance. Council Member Moreno left the meeting at 8:30 P.M. Council Member Diaz reported the grand opening of Buena Esperanza and noted it was a great improvement and addition to the city. He also reported new ambulances through the Anaheim Fire & Rescue Department were starting this week and he looked forward to improved service and reduced costs. He congratulated the Magnolia School District on their first day of school and the Western High School football team for winning their first game. Council Member Valencia acknowledged the grand opening of Buena Esperanza, encouraged all to keep healthy from COVID-19 through masks and vaccines, wished all student -athletes a safe and productive year, congratulated Katella High School for their first win, and recognized Linda Newby for organizing a community clean-up. Mayor Pro Tern Faessel noted that Buena Esperanza was the first project under the motel conversion ordinance and congratulated Jamboree Housing on its success. He reported his attendance at the Grandma's House of Hope Annual Gala at the Phoenix Club and announced the Pacific Symphony performance at Juarez Park on Thursday, August 26 at 7:00 P.M. Council Member O'Neil thanked Community Services Director Sjany Larson -Cash for finding a way to open the East Anaheim Branch Library and for helping organize a family campout on October 1 at the Oak Canyon Nature Center. He addressed inquiries regarding the low level of the Walnut Canyon Reservoir by reporting that more water was being used from the reservoir via the Lenain Water Treatment Facility due to some groundwater pumping facilities being offline, noting that the Public Utilities Department purchased water in the winter when prices were lower, and stating there was ample water for any needed firefighting efforts. He reported he had received several complaints and concerns about a sober living facility on Montvale, thanked residents for their concern and compassion, and requested Code Enforcement and continue their efforts to address issues. City Council Minutes of August 24, 2021 Page 20 of 20 Mayor Sidhu thanked Jamboree Housing for the conversion of a motel into the Buena Esperanza veterans housing. He thanked the Community Services Department for concerts at the Pearson Park Amphitheater and their work at the Oak Canyon Nature Center, giving residents much -needed recreation activities. He reported the Mayor's Ad Hoc Health Task Force regarding COVID-19 would hold a meeting on Tuesday, August 31. ADJOURNMENT: At 8:41 P.M., with no further business before the Council, Mayor Sidhu adjourned the City Council meeting. Respectful mitted, as C City Clerk Public Comment From: Pat D Sent: Tuesday, August 24, 2021 1:03 PM To: Public Comment Subject: Housing Element Workshop comment I am submitting my public comments in writing asking again that under the ADA an accommodation request be honored due to my health conditions during COVID. I ask that you provide them to public by reading them aloud into the record at appropriate time on the agenda. You have opened the room to comments so those of us unable to attend should be accommodated in this way. Housing Element Update Project workshop Not knowing exactly what will be in the workshop, as no documents or links attached to agenda, I will make general comments having observed many of the HEUC mtgs when virtual available. Need to do more for community engagement as both input sessions (beyond scope of limited survey) and educational offerings. Appreciate the interpretations though very awkward at front end of process. Very off putting to those not fluent in English. The HEUC meetings most informative. Community meetings not as rich. Accessibility needs to be in person and virtual to maximize participation for any gatherings including City Council. I hope the workshop does not glorify the past RHNA cycle numbers as having been exceeded when no real efforts made for low/very low income needs. Hard to believe your efforts will be any better this round even with some of the teeth new legislation offered. My concern even more with Council member O'Neill chairing OCCOG and their resource wasting lawsuit against HCD. Late as usual to challenging methodology even now. Land use and inclusionary provisions to facilitate affordable housing development is essential to any hopes for success. Federal and state dollars coming in very timely and must be earmarked as resources for affordable units. Now that Anaheim is once again cited by the state for being at financial risk, you must be as transparent as possible and use the monies mentioned above for this RHNA cycle. "According to the auditor's website, Anaheim's lack of general fund reserves and a slow, downward trend in the city's tax revenue over the last few years could spell trouble down the road. " voice of OC Leister putting all bets for Anaheim success is not giving me any hope with numbers offered. Might have been some hope if Stadium land sold at market rate — not a gift to "friends with benefits" Please look at the members of our community who keep this city going and build housing for their needs. Thank you Pat Davis District 1 Sent from my phone. Please excuse brevity and typos. August 24, 2021 Lucille Kring Anaheim, CA 92802 Mayor Harry Siclhu and City Council Members City of Anaheim 200 S Anaheim Blvd Anaheim, CA 92805 Good afternoon Mayor and Council Members, I am applying for appointment to the Orange County Water Board. I am very familiar with the work of the Orange County Water Board and support the Poseidon Project because of my work as a Council Member and as a board director of the Orange County Sanitation District. I served as a board director of the Orange County Sanitation District for 7 years, where I was a member of the following committees: Administration, Operations, Legislative and Public Affairs, Groundwater Replenishment System, and Headquarters Complex Ad Hoc, was Vice Chair of Administration Committee and Chair of the Headquarters Ad Hoc Committee. I appreciate your consideration of my request. Respectfully, Former Mayor Pro Tem, I Lucille Kring Public Comment From: C.E. Breeden Sent: Tuesday, August 24, 2021 1:24 AM To: Public Comment Cc: Jose Diaz Subject: MTG 8/24/2021 Item 21 Mr. Mayor and Members of the City Council; Tonight, you will be nominating and voting to fill the Anaheim representative vacancy on the Orange County Water District, District 9. 1 would like to strongly urge you to NOT fill the position with a member of the City Council but instead, appoint a member of the community. Based on the Orange County Water District Act, there is no requirement for the Director appointed to be a member of the City Council. By appointing a non - council member to be a director, there won't be any disruption of representation on the OCWD Board if the appointed council member is not re-elected. Thank you for your time. Clifford Breeden Jr Public Comment From: DAVID DURAN Sent: Tuesday, August 24, 2021 1:25 PM To: Public Comment Cc: Harry Sidhu (Mayor); Trevor O'Neil; Stephen Faessel; Avelino Valencia; Jose Moreno; Jennifer Diaz; Kelly Aviles; Brooke Weitzman; scustodio@voiceofoc.org Subject: Public Comment(s) In accordance with AB 1234, it has been and continues to be documented that this Council has repeatedly, as a form of their malicious practice, has ignored speakers are exercising their legal right by giving public comment(s). Your responsibility is to PAY ATTENTION!.... and not ignore the speakers. Courts have decided that our elected officials are in breach of their ethical responsibilities when the public is ignored during public comment(s). In addition, EACH Councilmember.... including Mayor Sidhu, should be open to giving serious consideration to how they are going to vote only AFTER public comment(s) have been completed. Otherwise, the bias of a predetermined decision on how you are going to vote is unethical and to be fair to the public, you should abstain from voting. If you are not capable, willing, or motivated to comply with the required lawful ethics of how you do your job .... please resign immediately so someone more qualified can replace you for the good of society and the good of the residents of Anaheim. David L. Duran Orange County, California cell: email: Breach of confidentiality & accidental breach of confidentiality This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.