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09/28/2021
ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF SEPTEMBER 28, 2027 The regular meeting of September 28, 2021 was called to order at 3:00 P.M. and adjourned for lack of a quorum. The regular adjourned meeting was called to order at 3:34 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 September 23, 2021. MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Stephen Faessel, Jose Diaz, Jose F. Moreno, and Trevor O'Neil. Council Member Valencia joined the meeting at 3:47 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: Jeanine Robbins reported she has seen a significant increase in the lack of affordable housing over her 30 years living in Anaheim, which has helped create the homeless problem. She advised the City has based its economy around the service and tourist industries, which are typically low paying and force even full-time, employed residents to live in their cars due to a lack of workforce housing. She noted the City has no shortage of market -rate housing but has no affordable housing mandate so developers purposefully neglect affordable units. She called for an affordable housing mandate of at least 20% to help the City meet its Regional Housing Needs Allocation (RHNA) requirements. She advised there are thousands of Anaheim properties operating illegally as short-term rentals, removing housing stock from the market, and negatively impacting the census results for short-term rental heavy District 3 and District 4. She advised the City needs to find affordable housing for workers if the City is going to continue to base its economy on low -paying jobs. Mark Richard Daniels recalled the City Council regularly dismissing Council Member Moreno's call for affordable housing units in developments when the projects are being discussed. He advised other Council Members regularly call for affordable housing but balk when the opportunity to build some presents itself. He advised there would soon be a time and place where they have to do it despite a developer's wishes. R. Joshua Collins echoed the previous comments and encouraged the City Council to work on its laws so they are for the good of the people who cannot afford housing. He requested that the City Council make it a priority and help the homeless. He alleged the City was not doing enough to help its most in -need citizens despite the opulence of Disneyland and its revenues. D159 WORKSHOP: Housing Element Update Project Council Member O'Neil reported the Housing Affordability Working Group, comprised of himself, Mayor Pro Tern Faessel, and Council Member Diaz, met with City staff twice to discuss housing options. He advised the Working Group believes they cannot single-handedly solve the State's housing crisis and should do all they can to avoid negatively impacting the supply of new housing. He reported the Working Group decided not to bring any recommendations for across-the-board in -lieu fees or inclusionary requirements. City Council Minutes of September 28, 2021 Page 2 of 28 Council Member O'Neil reported the Working Group developed a draft policy including the consideration of an Affordable Housing Fee on properties coming to the City for development identified as affordable housing sites in the Updated Housing Element. He explained the reasoning is because the City is creating additional value through a zoning change to the site. He advised the details of the fee are still being worked out but they propose the generated funds go directly to an Affordable Housing Trust. He reported the Working Group is also looking at ways to leverage workforce housing projects to augment the Housing Authority's budget for resources to secure grant funding. He advised the Working Group is looking at ways to tap into the projects' future equity for immediate use, as it is needed now to create affordable housing. He requested the Working Group reestablish itself in the future as important housing matters arise. Planning and Building Director Ted White detailed the components of a Housing Element. He presented the City's Regional Housing Needs Allocation (RHNA) table for the upcoming cycle, including 3,767 very -low-income units, 2,397 low-income units, 2,945 moderate -income units, and 8,344 above -moderate -income units, accounting for 17,453 total units. He listed public engagement activities to date, including three community workshops, an online community survey, and several public meetings. Mr. White reported the 800-page Draft Housing Element was released for public review on August 26 for a period ending September 24, with an opportunity for public comment. He reported the Planning Commission held a Workshop on September 27 and recommended submitting the Draft Housing Element to the California Office of Housing and Community Development (HCD). He advised the City Council is holding the Workshop tonight with an expectation of its approval being agendized at the next meeting. Mr. White reported at the City Council's first Workshop, Mayor Sidhu directed staff to meet with the Housing Affordability Working Group to develop an Affordable Housing Production Program. He reported the Working Group met on September 10 and 16. He advised the results of the meetings included directing staff to create an Affordable Housing Development Fee, an Affordable Housing Trust Fund, and an overall Affordable Housing Production Program. He reported staff has been directed to bring back an ordinance to the City Council within six months. Mr. White discussed Housing Production Strategy 1A(i) detailing the need for an Affordable Housing Fee to support an Affordable Housing Trust Fund and Production Program. He reported during the fifth cycle, the City issued permits for housing development exceeding its total RHNA allocation but fell far short of its affordable housing allocation. He noted the private market's ability to develop affordable housing without subsidies is a continuing challenge. He confirmed the language he presented would be in the Draft Housing Element submitted to HCD. Mr. White noted the City would apply the fee to all sites identified in the Updated Housing Element requiring a General Plan Amendment and Zoning Code change, including sites within the proposed Center City Corridor Specific Plan. He advised it could also be applied to private applicants who require a General Plan Amendment and Zoning Code changes. He explained the amount of the fee would be determined based on several factors including a comparison to surrounding and comparable cities. Mr. White discussed Housing Production Strategy 1A(ii) which details the Affordable Housing Trust Fund and Production Program. He noted the City has a substantial need for affordable housing that would be a challenge to accommodate within the 2021-29 planning period. He advised the Affordable Housing Development Fees would go into the Affordable Housing Trust Fund to facilitate production through the Affordable Housing Production Program. City Council Minutes of September 28, 2021 Page 3 of 28 Mr. White advised the next steps for the Housing Element include the City Council reviewing the request to submit the Draft Housing Element to HCD for a 60-day review on October 5. He reported staff would make necessary edits based upon discussions with HCD and bring it back to the Planning Commission and City Council for adoption. He advised staff would then draft the necessary General Plan and Zoning Code Amendments and perform Environmental Impact Reports (EIR). He reported the City would have up to 36 months to implement its amendment packages. Mr. White reported, after the proposal is submitted to HCD, there would be a Nexus Study around the fee, including market analysis of potential demand and the impact of market -rate housing on the City's need for affordable housing. He advised factors included in the fee amount would also include the number of applicable projects, the ability to provide meaningful funding, the fee burden on developers, and a comparison to other cities. He reported the Finance Department would work to create the Trust Fund. He advised staff anticipates working with the Working Group on all of these details over the next six months. He noted the market analysis would be the most time-consuming step and require an outside consultant. Mr. White advised this process would provide a greater level of surety to developers and establish a dedicated fund to assist in developing affordable housing. He recommended the proposed Housing Production Strategy 1A replace the version in the August edition of the Draft Housing Element. DISCUSSION: Council Member Moreno complimented Mr. White on the work he and Principal Planner Susan Kim put into the 700-page document, including gathering community feedback. In response to Council Member Moreno's inquiries, Mr. White advised there was general interest in increasing the production of affordable housing from both the Housing Commission and the Planning Commission. He reported there was an array of opinions from the community and the policy advisory groups, but noted there was significant interest in the production of affordable housing. He reported there was no consensus in the form of a formal recommendation about an Inclusionary Housing Policy and the discussions were open-ended with many both for and against the concept. He advised there was no consensus that an Inclusionary Housing Policy would be a bad approach either, noting differences of opinion were expressed. Council Member Moreno reported the public comments he received encouraged an Inclusionary Housing Policy. He noted developers often tell him having an Inclusionary Housing Policy would decrease the land purchase cost because they could generate less revenue from the development due to subsidizing the lower revenues from the affordable units. In response to Council Member Moreno's inquiry, Council Member O'Neil reported the Working Group looked at the City of Santa Ana where eliminating inclusionary fees spurred housing growth which later declined after the fees returned. Council Member O'Neil explained when a developer has to absorb the cost of affordable units, it drives up the rate on the market -rate housing exacerbating the divide and advised no one on the Working Group supported an inclusionary housing policy in any fashion. Council Member Moreno advised the City of Long Beach has an Inclusionary Housing Policy with a recently -increased in -lieu fee yet has seen strong housing development. He advised the City of Huntington Beach has an Inclusionary Housing Policy but their market -rate housing has not stunted. He listed several other local cities with inclusionary housing policies. He noted, in addition to his previous points, developers also support such a policy in discussions with him because it helps control property sellers' asking prices for the land. City Council Minutes of September 28, 2021 Page 4 of 28 In response to Council Member Moreno's inquiries, Mr. White advised the examples cited are all accurate. He explained even with inclusionary housing policies, typically there are in -lieu fees associated with the policies. He advised most developers pay the fee rather than include the housing because market -rate developers know how to build market -rate housing and do not want to be encumbered by the requirement of affordable units. He explained typical in -lieu fees range significantly noting some are based on square footage and others by the unit. He advised the in -lieu fees can also be based on the type of housing and listed sample fees ranging from $5,000 to $25,000 per unit including a variety of variables. In response to Council Member Moreno's inquiries, Acting Community and Economic Development Director Grace Stepter advised staff provided a slide to the Working Group on the last four projects in Anaheim. She noted affordable units could be more expensive to build while layering multiple funding sources but it could vary. She reported the recently -built El Verano Apartments were provided as an example to the Working Group where the average unit cost was $508,000 with the City subsidizing $189,000. She advised, in general, it costs between $400,000 and $500,000 to produce an affordable housing unit. She clarified in a larger development they may not be using federal funds to trigger prevailing wages, impacting the cost of construction. She advised market -rate costs for Americans with Disabilities Act (ADA) measures are lower than with affordable housing as well. She clarified the data could vary because a developer may have to pay a different wage scale for labor than the City paying prevailing wage due to the standards attached to certain funding sources. She noted an Inclusionary Housing Policy would impact the developer's return on the affordable units. Council Member Moreno advised the affordable units do not cost more to build but rather they only make the developer less profit unless the City subsidizes the developer. He noted this is a problem for him philosophically and expressed hope it is a philosophical problem for his colleagues as well. In response to Council Member Valencia's inquiry, Mr. White advised the vast majority recognize and feel strongly there is a need for affordable housing production. Council Member Valencia advised he is concerned about the location of the affordable housing. He proposed incorporating a citywide Proportional Development Policy into the Draft Housing Element. He advised the City currently has an Equitable Distribution Policy as a foundation. He noted the goal of the policy would be to ensure multiple affordable housing projects are not just developed in one area of the City. He advised the need for a policy like this is exemplified between Lincoln Avenue and Broadway on North East Street where there are four adjacent affordable housing projects. He advised the City should be proactive to develop all options of affordable housing, including expanding the Anaheim Housing Authority through the purchase and development of properties, especially in areas with little to no affordable housing. Council Member Valencia challenged everyone to think creatively and challenge the scope of housing affordability in Anaheim. He advised it should not only include renting but also homeownership affordability. He expressed support for making some of the proposed Trust Fund money available to make owning a home in Anaheim more affordable to better establish neighborhoods and create generational wealth. Council Member O'Neil advised if the City could reduce the costs associated with the California Environmental Quality Act (CEQA) and Project Labor Agreements (PLA), the delta would exist for developers to produce more affordable housing. He advised these costs have to be passed on and if developers have to lower the costs on some units, they must raise the costs on others. City Council Minutes of September 28, 2021 Page 5 of 28 Council Member O'Neil advised an apple to oranges comparisons cannot be made with other cities because Anaheim is the largest city in Orange County and other cities have a much smaller need for affordable housing. He noted the City of Huntington Beach last week relaxed its inclusionary requirements to spur development because they were not getting the anticipated affordable units built. He advised the City of Irvine is a different scenario where there is essentially only one landowner and one developer. He explained Anaheim is built like no other city in Orange County. Council Member Moreno noted it was Council Member O'Neil who made the initial comparison to the City of Santa Ana. He advised there is a consensus that Anaheim needs more affordable housing and inquired how to accelerate its construction. He advised he often hears in community meetings there has been too much development leading to overcrowding. He noted this is different than density because working-class people in Anaheim cannot afford their own place and move in with family, creating parking issues and disproportional impacts from the pandemic. Council Member Moreno advised he is open to ways cities have scaled back inclusionary housing policies, but noted developers themselves say the best way to accelerate production is with an Inclusionary Housing Policy. He reported the RHNA numbers for the past two cycles show the market itself would not add affordable housing, and subsidies mean money out of the City's pocket to unfairly help the profits of others. He noted developers have worked well with inclusionary housing policies and the experience of just hoping developers add affordable housing does not seem to work to meet the City's needs. He noted smaller cities with a stronger need for developers are willing to take this step and noted an across-the-board policy is fairer. In response to Council Member Moreno's inquiry, Ms. Stepter reported the City's data comes from the American Communities Survey through census data. She advised the Housing Element would address the rent burden by continuing the programs already in place, such as Housing Choice Vouchers and pursuing grant funds. She advised the framework being discussed tonight would make way for discussion of a Local Impact Fee. She reported philanthropic dollars are coming to help with affordable housing efforts. She advised the focus is to stay the course and seek more funding to help with the rent burden. Council Member Moreno clarified he was not implying that staff was not working hard and commended the work of staff while working with budgetary and policy limitations, along with the political economy. He advised the City has a disproportionally working poor community because the City has invested in the resort and hospitality industries that pay very low wages. He applauded the idea of a Development Fee and thanked the Working Group for bringing it forward. In response to Council Member Moreno's inquiry, Mr. White advised there were a lot of great things in the last cycle's Housing Element. He addressed the demise of redevelopment, which was an ongoing funding source for affordable housing. He advised the State is starting to recognize this problem and they are starting to see new programs from both the State and federal government providing predictable ongoing sources for affordable housing funding. He noted the City would now have to go to the State and federal government to ask for those dollars and advised those applications would be competitive. He advised part of the Production Program is a request for the tools and staffing to administer the grants and funding. He explained the tool is evidence of staff keeping track of how the funding game is played, and what the City needs to do to be competitive. Ms. Stepter added to Mr. White's response and noted there are many spectrums to affordable housing with the homeless population being the direst. She advised compared to previous Housing Elements, the City has increased its investment for the homeless. She cited the increase in shelters, the Community Care Response Team, and more emphasis on transitional housing. City Council Minutes of September 28, 2021 Page 6 of 28 Council Member Moreno noted three out of four Orange County homeless are homeless due to economic conditions. He advised the American Communities Survey shows there are 30,000 rent - burdened households in Anaheim. He noted if the City does not build an affordable housing stock, it is only a matter of time before there is a new pandemic of homelessness. In response to Council Member Valencia's inquiry, Ms. Stepter reported the City has data from the Section 8 Program indicating families tend to stay in affordable housing for upwards of five years and sometimes longer. She advised there is no time limit and the needs continue to be there. She advised many of the families seeking affordable housing are working families who are not looking for a government handout, contrary to popular belief. She advised they are starting to gather data from the Senior Safety Net program showing the need for affordable housing continues as senior residents' incomes are not growing. Mayor Sidhu thanked the Working Group and staff for their efforts. He announced the Draft Housing Element Update would come before the City Council next week and looked forward to submitting it to the State for consideration. He advised finalizing a plan for affordable housing would come to the City Council for consideration at a future date to streamline the City's processes while generating resources for housing development. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 4:41 P.M., Mayor Sidhu recessed to closed session for consideration of the following: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: City of Anaheim, et al. v. FERC, United States Court of Appeals for the D.C. Circuit, Case No. 20-1236 and California Independent System Operator Corp., FERC Docket No. ER04-835-000 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Palmer v. City of Anaheim, Orange County Superior Court Case No. 30-2017- 00938646-CU-JR-CXC At 5:06 P.M., Mayor Sidhu reconvened the 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] STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass INVOCATION: Pastor Dale Moreland, Ball Road Church of Christ FLAG SALUTE: Council Member Jose Diaz City Council Minutes of September 28, 2021 Page 7 of 28 OATH OF OFFICE: District 2 — Council Member Gloria Sahagun Ma'ae Council Member Diaz noted District 1 and District 2 have a lot in common and highlighted Council Member Ma'ae's commitment to the community. He administered the Oath of Office to Council Member -Appointee Ma'ae. Mayor Sidhu commended Council Member Ma'ae's 20 years of improving her neighborhood in District 2. He noted he looked forward to working with her to improve District 2 and help boost Anaheim's economy. He welcomed her to City Council. Council Member Ma'ae thanked God and for the vote of confidence from Mayor Sidhu, Mayor Pro Tern Faessel, and Council Members Diaz and O'Neil. She advised she looked forward to working with Council Member Valencia on Anaheim's neighborhoods. She recalled her private conversation with Council Member Moreno and expressed regret the spirit of the conversation did not continue to her hearing before City Council. She advised she would define her City Council service on her own terms. Council Member Ma'ae advised the job before her is not to be taken lightly and she would commit to helping District 2 and the entire City. She referenced her 20 years of service through activism and pledged to continue her work from the dais. She promised to be a fierce advocate for neighborhood reinvestment and expressed her belief in having a strong civic economy to ensure resources for residents. She pledged to work with Police Chief Jorge Cisneros and the Anaheim Police Department (APD) and Fire Chief Pat Russell and the Anaheim Fire & Rescue (AF&R) to keep public safety a top priority. She advised she would work to give clear policy direction to City staff so they can best work for the residents. She pledged to leave District 2 in a better position than today. She thanked her family and those who supported her and noted she is there to serve. Presentations: Recognizing Anaheim Public Utilities 2021 Water Bottle Label Art Contest Winners Mayor Sidhu provided highlights of the contest and noted the goal is to educate students and the community on the importance of reducing water waste. Mayor Sidhu and the Council Members recognized winners Rebecca K. and Crystal L. Recognizing Community Services VolunTEENS — 2021 Summer Program City Clerk Theresa Bass presented a video recognizing Community Service VolunTEENS. Presentation by Orange County Vector Control Orange County Mosquito and Vector Control District (OCMVCD) Director of Communications Lora Young discussed the organization, noting Anaheim's representative is former Council Member Lucille Kring. She advised their services are for mosquitos, fire ants, rats, filth flies, ticks, and fleas, all of which can transmit viruses to other organisms. She focused her presentation on the 24 different varieties of mosquitos in Orange County, highlighting their ability to transmit West Nile Virus. She reported West Nile Virus cases are down from last year, but in 2014 and 2015 Orange County led the nation in West Nile Virus activity. Ms. Young reported Anaheim is a high -risk city due to its high -density housing, older infrastructure, and less flowing water. She reported OCMVCD tracks weekly for West Nile Virus activity and can instigate controls to break the cycle such as trapping. She detailed the advisory process for residents should an area be found to be at risk. She advised the residential focus is on disease suppression City Council Minutes of September 28, 2021 Page 8 of 28 and not on control suppression. She advised Wide Area Larvicide Spray is a new containment tool for residents. She detailed the vast recent spread of Aedes mosquitos, noted they tend to breed in residential yards, and encouraged residents to remove any standing water from their yards. She noted they cannot eradicate Aedes mosquitos but can reduce their numbers. Ms. Young reported Sterile Insect Technology is not yet approved for use in California but other states have seen success with the technology. She encouraged community leaders to spread the message of shared responsibility for mosquito control. Mayor Sidhu noted mosquitos are everywhere and thanked Ms. Young for her presentation. Acceptance of Other Recognitions To be presented at a later date : Recognizing October 3-9, 2021, as Public Power Week Public Utilities Assistant General Manager Janet Lonneker thanked Mayor Sidhu and City Council for the proclamation and congratulated Council Member Ma'ae on her appointment. She reported over 2,000 public utilities are serving over 49,000,000 customers nationwide and noted Anaheim is Orange County's only publicly -owned electric utility. She invited the public to celebrate at their downtown event on October 7 to obtain information on cost -saving rebates along with emergency supplies. Recognizing October 2021, as Domestic Violence Awareness Month Anaheim Police Department (APD) Lieutenant Rodney Duckwitz thanked City Council for its efforts to promote Domestic Violence Awareness Month, noting many families in the City struggle with it daily across all cultural and economic barriers. He advised much work remains to be done by the APD in its efforts to break the cycle. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS [all agenda items, except public hearin City Clerk Theresa Bass reported that a total of eight (8) 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 8 public comments were received electronically, distributed to the City Council, and made part of the official record]. — See Appendix. Prior to beginning public comments, in response to Mayor Sidhu's inquiry, City Attorney Robert Fabela advised the Brown Act allows public agencies to limit public comment time for the efficiency of the meeting. He explained if a non-English speaker requires time for translation, their time for comment doubles. He clarified the Brown Act does not compel this duplication for an English speaker who wants their comments translated into a different language. Alex Cherin expressed support for Item No. 14, noting he recently moved to Anaheim from the City of Long Beach which has such a program to embrace workforce housing through the California Statewide Communities Development Authority (CSCDA). He advised the Long Beach program has been successful and would help Anaheim meet its housing policy goals. David Klawe advised Item No. 07 has been a long time coming. He noted the transfer would take years to complete but would improve Beach Boulevard. He advised Beach Boulevard could be City Council Minutes of September 28, 2021 Page 9 of 28 transformed into a beautiful corridor if done right and encouraged the City Council to approve the item. Mark Richard Daniels expressed support for Item No. 07 and noted it should have been done 20 years ago. He advised the sale of Angel Stadium was a bad deal from the beginning even before the courts got involved. He encouraged the City Council to do better than the Los Angeles Angels did on the field this year. He advised it is unusual to have the State watching over the City's financial situation. He encouraged the City Council to come clean about what is putting the City at a financial disadvantage instead of acting as if all is well and noted it would continue to nag the City for a long time. Mike Robbins alleged Anaheim is an economy of corruption, bribery, cronyism, influence peddling, and slush fund and equated the City to Somalia, Sudan, and Syria. He advised those countries have a lack of transparency and the City is having trouble locating court -requested documents related to the Angel Stadium sale. He denounced the handling of the budget which has left the City $1 billion in debt and the lack of enforcement measures against corruption. He noted the domination of big business is detrimental to the residents and goes against the substance of America. Jeanine Robbins cited news coverage of the Angel Stadium sale's legal challenges noting a lack of transparency about the deal. She reported pride in being a founding member of the People's Homeless Task Force which is bringing the suit. She addressed actions and statements by Mayor Sidhu, Anaheim Chamber of Commerce President Todd Ament, and lobbyist Curt Pringle as being manipulative. She denounced Mayor Sidhu's relationships with Angel's owner Arte Moreno and landlord John Saunders. She spoke of Mayor Sidhu's treatment of women his possessive statements about staff. She criticized Council Member Ma'ae for stating reinvesting in neighborhoods is a priority when she is a member of Anaheim First. She advised the People's Homeless Task Force would not go away and the City Council majority would have its day in court over the illegal stadium deal. She expressed hope some of them would end up in jail. Rudi Krause spoke of his new book and discussed the effects of vaccines. R. Joshua Collins, Homeless Advocates for Christ, urged everyone to give their lives to Jesus Christ. He criticized Anaheim's homeless shelter situation and called for walk-in shelters comparable to cities like Seattle. He encouraged code changes allowing churches to do more. He advised the homeless do not want to go into a crowded situation during the pandemic. He noted the homeless have issues with hospitals even if they want help. He advised homelessness is the cost of lack of affordable housing, JoAnn Nau commended Council Member Ma'ae's positive traits, relaying stories of their children growing up together and her commitment to the community. She advised Council Member Ma'ae would not please everyone in District 2 but vouched for her dedication and desire to help. She noted she serves on the Anaheim Police Review Board because of Council Member Ma'ae's example. She expressed pride in being her friend and applauded her integrity. Noreen Hellphand warned the public about the dangers of COVID-19 vaccines and reported vaccinated people are also in hospitals. She advised there are alternative medicines that would fight COVID-19 but alleged there is a censorship effort to keep this information off the internet. She encouraged people to research the vaccine information online before the rest of the alternative information is banned. She noted people should not have their livelihoods negatively impacted for refusing the vaccine and urged the City Council to not impose any vaccine mandates. City Council Minutes of September 28, 2021 Page 10 of 28 Vance Dizney called for City Council to stop the Walt Disney Company from turning children into mental midgets. He encouraged an adult theme park to promote business education. He urged feminists to push women to be doctors because women are nurturers, unlike men. He told the story of "Puss and Boots." Aneesah Muhammad urged City Council to officially designate Little Arabia. She advised it is a cultural designation and its designation would empower the immigrants through recognition. She urged City Council to change its stance on the designation. Amin Nash encouraged the official designation of Little Arabia for being a cultural enclave. He advised it is a thriving vibrant community contributing to Anaheim's rich diversity. He noted a designation is not division but a show of appreciation saying the Council accepts its City's diversity. He stated the Arab -American community is achieving the American dream within Anaheim despite negative stereotypes. He shared stories about family members who felt welcomed in Little Arabia as immigrants when other parts of the country did not. He encouraged the Council Members to visit the neighborhood to see how much the City needs this community. Bryan Kaye congratulated Council Member Ma'ae. He discussed reports and statements made by the Anaheim Police Department and requested to hear Council Member Ma'ae's opinion on the matter. He advised Spanish needs to be spoken given its prominence in the community. He alleged a lack of respect for women from the dais as well as lack of respect for the City related to clothing worn by Council Members on the dais. Lisa Klawe congratulated Council Member Ma'ae and advised she looks forward to giving her opinions as a District 2 resident. She noted she is not Arab -American but Little Arabia is a very inclusive neighborhood. She advised Anaheim does not have any other ethnic neighborhoods so questioned why Arab -Americans should get this special treatment. CITY MANAGER'S UPDATE: City Manager Jim Vanderpool reported the Career Cove would open at the Central Library on October 5, 2021, through a partnership with Anaheim Workforce Connection, where their staff will provide walk-in job -seeker services such as career, resume, interview, and employment guidance. In response to an inquiry by Council Member Moreno, Mr. Vanderpool reported the City's response to the State Audit Report is posted to the City's website on the Finance Department page. Council Member Moreno questioned whether the City would be responding to recent news stories about the court case surrounding Angel Stadium. City Attorney Rob Fabela responded it was not the City's practice to post the City's perspective. Council Member Moreno requested staff agendize or report on items that garner media attention. CONSENT CALENDAR: At 6:24 P.M., the consent calendar was considered with Council Member Diaz pulling Item No. 07 and Council Member Moreno pulling Item No. 11 and advising he would abstain from Item No. 12. City Attorney Robert Fabela announced, in compliance with Government Code Section 58953, approval of Item No. 02 includes a 3% salary adjustment for City Clerk Theresa Bass to $154,500 annually with no change to her existing executive level benefits. City Council Minutes of September 28, 2021 Page 11 of 28 MOTION: Mayor Pro Tem Faessel moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar, in accordance with reports, certifications, and recommendations furnished each City Council Member and as listed on the consent calendar, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia, and O'Neil); NOES — 0. [Item No. 12: ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Valencia, and O'Neil); NOES — 0; ABSTAIN — 1 (Council Member Moreno)]. Motion carried. B105 1. Receive and file minutes of the Library Board meeting of August 9, 2021. D154 2. Approve the compensation of council appointees pursuant to Government Code Section 54953(c)(3) and related personnel rules. D180 3. Accept the bid of Bound Tree Medical, in the amount of $223,258.79 plus applicable tax and a 40% contingency, for the purchase of medical supplies for a one year period with four one- year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9544. D180 4. Ratify an increase from 20% to 50% for the previously authorized contingency amount for the bid awarded to American Freedom Security, LLC for security guard services at Anaheim Public Utilities' facilities and other city -owned facilities, if needed, to allow for unplanned services at 300 W. Carl Karcher Way for the Community Services Department. AGR- 5. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Finance 10252.0.2.1 Director, or designee, to execute and administer the First Amendment to the License AGR- Agreement and the First Amendment to the Maintenance Agreement with Accela, Inc., in the 10252.0.1.1 amount of $1,064,514.60, increasing the total contract amount to $3,471,049.78, to extend the current agreements for an additional three year period, allowing for the continued use and annual maintenance and support of the software through September 25, 2024. AGR-13127 6. Award the contract to the lowest responsible bidder, Kormex Construction, Inc., in the amount of $84,497, for the Nohl Ranch Road Sidewalk Gap Closure Project from Anaheim Hills Road to Canyon Rim Road; 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 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. AGR-13128 8. Approve the Agreement with Astrea Risk Management, Inc., in an annual amount not to exceed $175,000, for critical infrastructure protection analyst services for a one year period with two one-year optional renewals, the costs for which are reimbursed by the Urban Area Security Initiative grant funding; and authorize the Chief of Police, or designee, to execute any amendments or renewal options under the terms and conditions of the agreement. AGR-13151 9• RESOLUTION NO. 2021-085 A RESOLUTION OF THE CITY COUNCIL OF THE AGR-13152 CITY OF ANAHEIM ratifying the submission of grant applications and the acceptance of AGR-13153 grants on behalf of the City of Anaheim for the Selective Traffic Enforcement Program (STEP) Grant, Pedestrian and Bicycle Safety Program Grant, Child Passenger Safety Program Grant, AGR-13154 and Motorcycle Safety Program Grant, and authorizing the Chief of Police to execute all required grant documents and amending the budget accordingly. City Council Minutes of September 28, 2021 Page 12 of 28 Increase the Police Department's Fiscal Year 2021/22 revenue and expenditure appropriations by $422,000 for STEP, $63,000 for Pedestrian and Bicycle Safety Program, $85,000 for Child Passenger Safety Program, and $55,000 for Motorcycle Safety Program. D114 10. RESOLUTION NO. 2021-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending City Council Policy 2.2 relating to Poet Laureate for City of Anaheim. D154.3 12. RESOLUTION NO. 2021-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees represented by the Anaheim Police Management Association (effective December 27, 2019 through June 30, 2025). Item No. 12. Council Member Moreno recorded an abstention. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Valencia, and O'Neil); NOES — 0, ABSTAIN — 1 (Council Member Moreno). Motion carried. D114 13. Approve minutes of City Council meetings of January 26, 2021 and February 9, 2021. END OF CONSENT CALENDAR: D175 7. Accept the conditional offer from the State of California, Department of Transportation, in the amount of $4,813,000, for the relinquishment of State Route 39 - Beach Boulevard from Postmile 11.6 to 12.9 (approximately 700 feet south of Ball Road - south City limit to approximately 500 feet north of Anacapa Way - north City limit); authorize the City Manager to execute a letter to accept the conditional offer; authorize the City Manager, or designee, to negotiate and execute a Relinquishment Agreement and take the necessary actions to implement and administer the agreement; and determine that these actions are exempt from further environmental review under Section 15301 of the California Environmental Quality Act Guidelines (Class 1, Existing Facilities) of Title 14 of the California Code of Regulations. DISCUSSION: Council Member Diaz advised one of his biggest goals when he took office was to improve Beach Boulevard and noted this was a step in the right direction. He advised the City is looking at everything it can do to improve Beach Boulevard, noted it is a big step even though it will take years, and advised Beach Boulevard is his top priority. He thanked City Manager Jim Vanderpool and the Public Works Department. MOTION: Council Member Diaz moved to accept the conditional offer from the State of California, Department of Transportation, in the amount of $4,813,000, for the relinquishment of State Route 39 - Beach Boulevard from Postmile 11.6 to 12.9 (approximately 700 feet south of Ball Road - south City limit to approximately 500 feet north of Anacapa Way - north City limit); authorize the City Manager to execute a letter to accept the conditional offer; authorize the City Manager, or designee, to negotiate and execute a Relinquishment Agreement and take the necessary actions to implement and administer the agreement; and determine that these actions are exempt from further environmental review under Section 15301 of the California Environmental Quality Act Guidelines (Class 1, Existing Facilities) of Title 14 of the California Code of Regulations, seconded by Council Member Ma'ae. DISCUSSION: Mayor Sidhu noted this was a big opportunity for west Anaheim and thanked Council Member Diaz for his comments. He advised the City has been in discussion with the State to take control of Beach Boulevard since 2016 and noted he was happy to play a part in finalizing the proposal to help make progress in west Anaheim. He advised 39 Commons is in its first phase of City Council Minutes of September 28, 2021 Page 13 of 28 construction and the City is moving forward with other west Anaheim projects with the transformation of Beach Boulevard being the centerpiece of the efforts. He advised the City would add medians, landscaping, address the homeless, and prosecute drug incidents. He expressed his support for the item. MOTION: Council Member Diaz moved to accept the conditional offer from the State of California, Department of Transportation, in the amount of $4,813,000, for the relinquishment of State Route 39 - Beach Boulevard from Postmile 11.6 to 12.9 (approximately 700 feet south of Ball Road - south City limit to approximately 500 feet north of Anacapa Way - north City limit); authorize the City Manager to execute a letter to accept the conditional offer; authorize the City Manager, or designee, to negotiate and execute a Relinquishment Agreement and take the necessary actions to implement and administer the agreement; and determine that these actions are exempt from further environmental review under Section 15301 of the California Environmental Quality Act Guidelines (Class 1, Existing Facilities) of Title 14 of the California Code of Regulations, seconded by Council Member Ma'ae. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. D155 11. RESOLUTION NO. 2021-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Acting Director of Community and Economic Development or their designee to submit an application to the United States Economic Development Administration for Economic Adjustment Assistance Grant Funds and, if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly (grant funds in the approximate amount of $5,000,000 for the development of Store One, a community business incubator and workforce development space, located at 722 N. Anaheim Blvd). Determine that the Store One Project is categorically exempt under the California Environmental Quality Act pursuant to Section 15301, Class 1 (Existing Facilities) of Title 14 of the California Code of Regulations. Interim Director of Community and Economic Development Grace Stepter reported staff is requesting approval to file an application to the federal Economic Development Administration (EDA) for an Economic Adjustment Assistance Grant for the development of Store One. She advised the grant application would be for $5,000,000 and noted staff is requesting the project be determined to be exempt from the California Environmental Quality Act. Ms. Stepter reported the American Rescue Plan includes $3 billion for the EDA to distribute through a national competition. She detailed the seven categories established by the EDA for these projects to support the economy and job creation through entrepreneurship in public works projects. She advised staff and grant consultants agreed the Northgate Reuse Project is uniquely aligned with the goals and requirements of the EDA program. Ms. Stepter reported the City bought the site in November 2017 with a commitment to turn it into a community -serving purpose. She advised staff believes the best use is to put in a new private -public, non-profit, culinary -centric community resource. She advised it would address unemployment rates, provide job training, support workforce development efforts, encourage the growth of microbusinesses, and have a positive impact on healthy choices. Ms. Stepter displayed renderings of the 10,000 square foot space. She noted it was easier now to go after this grant because the City was no longer required to have a 50% match, but rather only a 20% match. She advised City Council has already authorized $1,000,000 in Capital Improvement Funds City Council Minutes of September 28, 2021 Page 14 of 28 through the Community Development Block Grant Program. She reported the anticipated cost is $6,000,000 and advised staff has already had several encouraging conversations with the EDA about the proposal. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2021-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Acting Director of Community and Economic Development or their designee to submit an application to the United States Economic Development Administration for Economic Adjustment Assistance Grant Funds and, if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly and determine that the Store One Project is categorically exempt under the California Environmental Quality Act pursuant to Section 15301, Class 1 (Existing Facilities) of Title 14 of the California Code of Regulations, seconded by Council Member Diaz. DISCUSION: Council Member Moreno commended staff on the project. Mayor Pro Tern Faessel advised he is highly supportive of the project and noted he would have seconded the motion had Council Member Diaz not already done so. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2021-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Acting Director of Community and Economic Development or their designee to submit an application to the United States Economic Development Administration for Economic Adjustment Assistance Grant Funds and, if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly and determine that the Store One Project is categorically exempt under the California Environmental Quality Act pursuant to Section 15301, Class 1 (Existing Facilities) of Title 14 of the California Code of Regulations, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried AGR-13155 14. RESOLUTION NO. 2021-089 A RESOLUTION OF THE CITY COUNCIL OF THE 13137.1 CITY OF ANAHEIM approving, authorizing and directing execution of the form of a Public Benefit Agreement; and approving the issuance of revenue bonds by the CSCDA Community Improvement Authority for the purpose of financing the acquisition, construction or improvement of project listed herein [1818 S. State College Boulevard (265 units) (1818 Platinum Triangle) (the "Project"); includes acceptance of an annual Host City charge of $225,000 which will escalate by 2% annually and authorizing the City Manager to approve minor, non -material modifications to the Public Benefit Agreement that is consistent with the purpose and intent of the Middle-Income/Workforce Rental Housing Program, subject to approval as to form by the City Attorney]. Authorize the City Manager to execute related documents and take any required actions to implement the Middle-Income/Workforce Rental Housing Program for the Project. Determine that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and it is not a "project" pursuant to Section 15378(b)(5) of the State CEQA Guidelines. Mayor Sidhu reported this would be the City's fourth project under CSCDA to add workforce housing and noted the program has been growing around the State with over $2 billion in project spending. He advised a working group led by Council Member O'Neil is exploring options for workforce housing. City Council Minutes of September 28, 2021 Page 15 of 28 He noted the action tonight would not result in any lost Property Tax for the City, but rather an annual net gain of $60,000 for the Anaheim Housing Authority to address the City's affordable housing needs. He advised the project is along the lines of the City's bold thinking to increase housing without hurting the private market or housing supply. Assistant City Manager Greg Garcia reported this project is similar to others approved in the past year to address the shortfall of below -market -rate housing for moderate -income households. He advised most similar projects focus on low-income housing leaving a gap for middle -income households. He detailed other CSCDA projects for middle -income housing approved by the City in the past year. He noted the program has issued over $2 billion in bonds statewide with another $2 billion of pending projects. Mr. Garcia reported the item was brought forth by Mayor Sidhu and the Affordable Housing Working Group led by Council Member O'Neil. He advised there would be no loss of Property Tax from the project but it would generate $60,000 annually for the Housing Authority. He detailed the history of the CSCDA and its purpose, noting it has issued over $65 billion over its 30-plus history. Interim Executive Director of Community and Economic Development Grace Stepter advised the CSCDA issues government rate bonds to acquire market -rate apartments like this one. She advised the project is owned by CSCDA and converted into units for moderate -income housing for families earning between 60-125% of the Average Median Income (AMI). She reported the CSCDA would provide a property manager, taking this responsibility off the City's hands. Ms. Stepter reported for this project, the CSCDA is proposing that 20% of the units would be reserved for families at 60-100% of AMI, 40% for incomes between 80-100% of AMI, and 40% for incomes between 100-120% of AMI. She reported annual rent increases are capped at no more than 4% for the life of the project and noted 4% is less than what is permissible under the tenant protections of recently -passed Assembly Bill 1482. She advised, if approved, the CSCDA would ask the City for a Public Benefit Agreement (PBA) that would allow the City to force the sale of the project after 15 years to receive some of the accrued value. She reported the bonds do not create any liability for the City and are the responsibility of the CSCDA. Ms. Stepter advised this project would allow the creation of workforce housing with no up -front public investment from the City. She reported the project sponsors have agreed to a rental preference for people who live or work in Anaheim. She advised the project sponsor is providing fees equivalent to the City's portion of the lost tax, plus an additional $60,000 annually for $225,000 in annual payments. She reported the extra $60,000 would go to the Affordable Housing Trust Fund and advised if approved tonight, the project would close within 2-3 months. DISCUSSION: Mayor Sidhu believed it was a no-brainer to support this project due to the success of similar ones recently approved. Council Member O'Neil thanked the Waterford Property Company and CSCDA for working alongside the City to find a path benefitting all three parties. He commended staff for helping the project move along swiftly. He advised Waterford would now be managing three of these projects in Anaheim and noted he values their partnership. He expressed hope that this project's framework would serve as a model for similar projects moving forward. MOTION: Council Member O'Neil moved to approve Item No. 14, seconded by Council Member Diaz. City Council Minutes of September 28, 2021 Page 16 of 28 DISCUSSION: Council Member Moreno expressed approval of the framework but expressed concerns regarding Council Members' direct involvement in the negotiations. He advised this was not the City Council's role and, if as with the Angel Stadium sale, there should be a public pronouncement if that is the case. He asked the City Attorney to see if it was legal for Council Members to be involved in these negotiations as opposed to merely discussions. He commended Council Member O'Neil's working group for creating this framework, which included needed rent stabilization for the middle class. In response to Council Member Moreno's inquiries, Waterford Property Company Co -Founder Sean Rawson advised they have been one of the State's most active sponsors of moderate- and low- income housing conversions, including $1.5 billion of acquisitions this year under this program. He reported there is currently a competitive ratio between the cost to capital and bond rates but noted this would not last forever. 'He advised this has allowed them to acquire market -rate assets in partnership with cities. He expressed hoped they could remain competitive after bond rates grow. He confirmed Waterford has been the most active developer of this kind in the State this year. In response to Council Member Moreno's inquiry, Mr. Rawson reported Orange County has been one of the strongest multi -family markets in the country and rents have risen 17% this year. He advised buying and selling buildings is a function of development capital and the market cycle. He noted the State has seen many developments over the past three years that are now at the end of their investment Iifecycle and require sale. In response to Council Member Moreno's inquiries, Mr. Rawson clarified, per the PBA, all of the taxing agencies would be made whole through either the sale or refinancing of the development. He confirmed the City's foregone tax revenue is $165,000 annually. He estimated the school districts would be giving up about $200,000 to $250,000 annually and advised many cities have basic aid school districts that could be backfilled by State funds, but it seemed that might not be the case in this instance. In response to Council Member Moreno's inquiry, Mr. Garcia reported he did not believe the school districts had been consulted on these projects. He advised the benefit to the schools is the windfall at the end of the taxes plus interest, along with the community benefit of middle -income housing. Mr. Rawson advised many school districts statewide have approached them about the dire need for housing. He noted teachers are part of the local preference option when selecting residents for the units and school employees are common residents of their other Anaheim developments. He advised there has been a large outward migration from the Platinum Triangle area around this project among households making $50,000 to $100,000, which is in a teacher's salary range. He noted this project assists local workers return to the city they work in and advised these revenue losses are no different from a traditional affordable housing project. Council Member Moreno agreed with Mr. Rawson but noted he wanted transparency on this point. He noted he agreed with Mr. Garcia about how this project benefits the school district through its staff being able to stay in Anaheim. In response to Council Member Moreno's inquiry regarding preference for families with children enrolled in local public schools, Ms. Stepter clarified the City always asks for a preference for applicants who live or work in Anaheim in this type of development. Council Member Moreno encouraged future transactions like this one to directly consult the school districts because they lose money in the deal. He expressed support for the item. City Council Minutes of September 28, 2021 Page 17 of 28 Mayor Pro Tern Faessel thanked Waterford for its patience in arriving at the unique arrangement. He noted the other three projects like this one are almost fully rented out and successfully met their intent of providing workforce housing. Council Member Valencia expressed support for the item and its framework. He advised any revenue loss, even if only in the short-term, is still a loss. He encouraged staff to help bridge the gap with entities losing revenue in the short term. In response to Council Member Valencia's inquiry, Mr. Rawson advised 20% of the units would be affordable for those between 60-80% of AMI and not 100%. He advised there would be significant rental savings for these residents. Council Member O'Neil advised the concern for the school districts in the short term is legitimate. He noted Governor Gavin Newsom's newly -adopted budget has a record high level of funding for kindergarten through high school following an increase of $25 billion. Council Member Moreno reported schools have been underfunded and are only now catching up to 2007-08 levels. He expressed hope that staff would not act with any animosity towards other agencies. He thanked Mr. Rawson for his candor on the subject. He advised part of the reason the City needs programs like this is because teachers are eligible for affordable housing yet it had been implied that that school district was awash in money. He invited Council Member O'Neil to join him for a walking tour of Anaheim High School. He called for positive engagement with the school districts and other agencies depending on the Council for resources. Mayor Sidhu thanked Council Member O'Neil and the working group for their work on this project, noting he was not involved. He advised it is a good project for the City. MOTION: Council Member O'Neil moved to approve RESOLUTION NO. 2021-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving, authorizing and directing execution of the form of a Public Benefit Agreement; and approving the issuance of revenue bonds by the CSCDA Community Improvement Authority for the purpose of financing the acquisition, construction or improvement of project listed herein; authorize the City Manager to execute related documents and take any required actions to implement the Middle-Income/Workforce Rental Housing Program for the Project; and determine that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and it is not a "project" pursuant to Section 15378(b)(5) of the State CEQA Guidelines, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia, and O'Neil); NOES — 0. Motion carried. B105 15. District 1 appointment to the Community Services Board to serve a term ending December 31, 2024 (continued from the Council meeting of February 16, 2021). Community Services Board District 1 appointment: Steven Kleine (term ending December 31, 2024) NOMINATION: Council Member Diaz nominated Steven Kleine. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia, and O'Neil); NOES — 0. Nomination approved. City Council Minutes of September 28, 2021 Page 18 of 28 PUBLIC HEARING: C350 16. MITIGATED NEGATIVE DECLARATION C410 GENERAL PLAN AMENDMENT NO.2020-00533 C280 RECLASSIFICATION NO.2020-00335 C220 CONDITIONAL USE PERMIT NO. 2020-06094 TENTATIVE TRACT MAP NO. 19137 DEVELOPMENT AGREEMENT NO.2021-00001 (DEV2020-00180) OWNER: Gina D'Orazio, Cornelia Connelly School of the Holy Child, 1341 Montgomery Avenue, Rosemont, PA 19010 APPLICANT: Chad Brown, Melia Homes, Inc., 8951 Research Drive, Irvine, CA 92618 PROJECT LOCATION: This 6.96-acre property is located at 2323 West Broadway on the north side of Broadway, approximately 1,300 feet west of Brookhurst Street. REQUEST: The applicant requests approval of the following land use entitlements: (i) amend the General Plan land use designation from Schools to Low -Medium Density Residential; (ii) a zoning reclassification from the T (Transitional) to the RM-3 (Multiple -Family Residential) zone; (iii) a conditional use permit to permit the construction of 112 attached, three story, single-family residential units with modified development standards; (iv) a tentative tract map to establish a one -lot, 112-unit condominium subdivision; and (v) a development agreement for a proposed voluntary financial contribution to support the City's affordable housing programs. ENVIRONMENTAL DETERMINATION: The City Council will consider whether a Mitigated Negative Declaration is the appropriate environmental determination for this request under the California Environmental Quality Act. ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of a Mitigated Negative Declaration, General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, Tentative Tract Map No. 19137, and Development Agreement No. 2021-00001 with advised conditions requiring the applicant to (i) provide obscured windows on the third story elevations facing the northerly property line; (ii) work with the Cantada Square Homeowners' Association to fill the gap between the existing and proposed property line walls, and to provide landscaping or screening to provide additional privacy; and (iii) remove the louvered structure from the proposed recreation building (PC2021-028). VOTE: 3-2 (Chairperson Meeks and Commissioners Kring and Vadodaria voted yes; Commissioners Keys and White voted no; Commissioners Mulleady and Perez were absent). (Planning Commission meeting of August 16, 2021). RESOLUTION NO. 2021-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to adopt a Mitigated Negative Declaration for proposed General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, Tentative Tract Map No. 19137 and Development Agreement No. 2021-00001 (DEV2020-00180) (2323 West Broadway). RESOLUTION NO. 2021-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (General Plan Amendment No. 2020-00533) (DEV2020-00180) (2323 West Broadway). RESOLUTION NO. 2021-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting proposed Conditional Use Permit No. 2020- 06094 (DEV2020-00180) (2323 West Broadway). Approved, as amended. City Council Minutes of September 28, 2021 Page 19 of 28 RESOLUTION NO. 2021-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 19137 (DEV2020-00180) (2323 West Broadway). ORDINANCE NO. 6514 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to Zoning (Reclassification No. 2020-00335) (DEV2020-00180). ORDINANCE NO. 6515 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Development Agreement No. 2021-00001 by and between the City of Anaheim and Melia Homes, Inc., and authorizing the Mayor to execute said agreement for and on behalf of the City (Development Agreement No. 2021-00001) (DEV2020-00180). Planning and Building Director Ted White reported the item is a request for a General Plan Amendment (GPA), Zoning Reclassification, Conditional Use Permit (CUP), Tentative Tract Map, and Development Agreement (DA) to construct 112 attached, three-story, single-family residential units. He reported the Planning Commission recommended the project for approval on August 16. He advised the project site is the former Cornelia Connelly School at 2323 West Broadway and noted residential uses surround the property with single-family units to the north, west, and south, and apartments to the east. Mr. White advised the property is zoned for school usage in the General Plan and the applicant is requesting a re -zoning for low -to -medium density residential as an RM-3 zone allowing for up to 18 dwelling units per acre. He advised the proposal would have 17.25 dwelling units per acre and calls for a one -lot condominium tract map. Mr. White reported the 112 townhomes would have two or three bedrooms, while some would have a den that could be converted into a fourth bedroom. He advised the units would have two -car attached garages and noted the 348 proposed parking spaces would meet code requirements. He reported the access point would be on Broadway across from Rosebay Street. He displayed renderings of the exterior's urban Spanish design. He noted the proposal includes 66,000 square feet of a common recreation area, including a swimming pool, which exceeds the code's minimum of 39,000. Mr. White reported the applicant is requesting a 16-foot building setback where a 40-foot setback is required. He advised the request is similar to modifications granted in the past to similar projects. He noted attractive landscaping or driving aisles would fill the areas between buildings and advised the modification would help achieve a functional pedestrian -friendly design and high -quality living environment. Mr. White reported the neighbors from the northerly adjacent Cantada Square Homeowners Association (HOA) expressed concern to the Planning Commission leading to the addition of Conditions of Approval. He reported the conditions, agreed to by the applicant, is that the third story windows on the northerly property line having obscured window glass for privacy, requiring the applicant help fill in a gap between the property line walls, and collaboration to provide landscape screening for additional privacy. Mr. White reported a proposed DA would include a voluntary contribution of $112,000 to assist with the City's affordable housing programs. He advised the DA is consistent with the General Plan and zoning regulations and is compatible with the project. He reported an Environmental Analysis resulted City Council Minutes of September 28, 2021 Page 20 of 28 in a Mitigated Negative Declaration (MND) that has been prepared and meets all California Environmental Quality Act requirements. Mr. White reported staff and the Planning Commission believe the project would provide a quality living environment and is compatible with the surrounding land uses. He advised it meets the General Plan's goals of creating a variety of quality housing opportunities and recommended approval. DISCUSSION: In response to Council Member Ma'ae's inquiries, Mr. White advised conversations between the applicant and neighbors have occurred but suggested she ask the applicant for details. He clarified a 20-foot setback on the property line is what the code requires for the height and style of the building. In response to Mayor Pro Tern Faessel's inquiry, Mr. White reported the closest building would be 20 feet from the HOA's property line. He advised this space would be filled with as much landscaping as possible for privacy and noted the 20-foot setback complies with the code for a three-story building. He advised the buildings in the HOA are closer to the property line than those in the proposed development would be. In response to Council Member Moreno's inquiries, Mr. White clarified the HOA is a mixture of detached and attached small -lot townhomes. He noted the ones along the property line are detached but with a unique design where they share driveways leading to parking in the rear. He confirmed none of the units would be designated as affordable housing but instead the developer would make a $1,000 per unit donation to the City's Affordable Housing Programs per the DA and confirmed the total donation is $112,000. In response to Council Member Moreno's inquiries, Mr. White confirmed the project is compatible with the surrounding neighborhood having a density similar to Cantada Square and the apartment complex to the east. He advised it is a good in -fill project and bridges between the adjacent single- family and multi -family developments. He believed Maxwell Park may be the closest park but he could not say for certain. Council Member Moreno commended the setback off of Broadway for its depth and landscaping, comparable to other projects. In response to Council Member Diaz's inquiry, Mr. White clarified the north -facing third -floor windows would be glazed for privacy similar to those found in a bathroom allowing in light while preventing a clear visual. Mayor Sidhu disclosed having ex parte communications with the applicant. He advised he has visited this site and the applicant's comparable project under construction on Magnolia Avenue. Council Member Moreno reported meeting with the developer yesterday. Mayor Sidhu opened the public hearing. Melia Homes Vice President of Planning and Development Chad Brown noted they partnered with Victory Baptist Church for their similar project on Magnolia Avenue in District 1, allowing the church to rebuild its facility on a reduced lot. He thanked the staff for its diligent work and professional evaluation of the issues and noted it is a well -designed and inclusive community. City Council Minutes of September 28, 2021 Page 21 of 28 Mr. Brown reported the recommendation of the Planning Commission was based upon consideration of having more time to work with the HOA. He advised he invited feedback from all surrounding property owners in January but did not hear from Cantada Square. He reported they held a meeting in April with the Anaheim First Second District Committee. He advised 13 neighbors attended a meeting in May, only one of which was from Cantada Square. He explained the HOA's issues were not presented to him until the August Planning Commission meeting. He reported he has met with the HOA multiple times since the meeting, has given concessions, and pledged to continue to work with them. He advised the real objection seems to be the potential for change in the area. Mr. Brown reported there are six existing mature trees on the northerly boundary 20-30 feet in circumference and 60 feet tall and he has intended to keep them from the start for privacy. He noted his setback is 20 feet but the Cantada Square homes are only set back 10-15 feet on the other side of the boundary. He noted the existing trees have not been maintained since the school was closed and are a nuisance to Cantada Square. He advised they are planning to supplement the mature trees with a screen of evergreen trees standing at least 12 feet in height at the time of installation. He cited these trees and the opaque windows as a sign of his efforts to meet the HOA's privacy concerns. Mr. Brown advised they have offered to cap -seal any difference between the masonry wall on the HOA's property and their proposed boundary wall. He advised Cantada Square was a redeveloped site and Cantada Square's wall is from the previous structure, not on the actual property line, and inset about 4-7 inches. He advised they are proposing to fill and maintain this gap between the walls to help prevent problems like rodents between them. He advised there is a wooden fence above Cantada Square's block wall because it would otherwise be too short at only four feet. Mr. Brown reported he graduated from the University of California at Irvine with a degree in Urban Planning and has since worked to improve housing in Orange County. He advised he worked as a Planner for the City of Laguna Niguel for eight years and the County for six years and this experience helps when planning compatible developments such as these. He advised the zoning designation they are requesting is the same as Cantada Square's and this project fits the site. He noted staff continues to support this project. In response to Mayor Sidhu's inquiries, Mr. Brown stated the HOA's concerns have been addressed through Conditions of Approval made by staff as a result of the Planning Commission hearing. He confirmed all of the concerns would be addressed. Mayor Sidhu commended the project. Council Member Ma'ae clarified the meeting mentioned by Mr. Brown was not with Anaheim First, but rather residents of District 2, some of whom are Anaheim First members. She clarified Anaheim First was not in a position to approve anything. In response to Council Member Ma'ae's inquiry, Mr. Brown clarified there are no community trash bins proposed for the site. He reported the residences would be serviced like any other in Anaheim. He noted there would be a niche outside each garage parking area for two bins and staff has reviewed and approved the circulation pattern for solid waste trucks. Council Member Ma'ae noted it sounds like a wonderful project. City Clerk Theresa Bass reported that a total of one () public comments was received electronically prior to 5:00 P.M. related to Public Hearing Item No. 16. [A final total of 1 public comment was City Council Minutes of September 28, 2021 Page 22 of 28 received electronically, distributed to the City Council, and made part of the official record]. — See Appendix. Liem Nguyen, Cantada Square resident, noted the obscured windows could still be opened therefore preventing privacy. He expressed concerns regarding privacy due to the 20-foot setback and height of the proposed evergreen trees until they grow. He noted the concerns about the wall gap have been resolved. He stated he is a Civil Engineer and advised the plans do not adequately address the privacy concerns. Patrick Semcheshe, Cantada Square resident and HOA President, expressed concern about privacy. He noted the new trees would be too short and the frosted windows could be opened. He reported having a petition with signatures from 40 residents and advised he could get signatures from all 82 with more time. He noted they are open to development on the site but requested it is pulled back further from the property line. Thorin Rogers, resident of the noticed area west of the site, expressed concern about traffic from the development using Transit Avenue for parking. He advised this would be a gated community where he would not be welcome but those residents would be able to use his neighborhood for parking. He called for the removal of the gate to Transit Avenue. Mr. White confirmed there is no gate at the end of Transit Avenue. Georgia Price advised she is a District 6 resident who a few weeks ago addressed the City Council in opposition to a development stating they are one City. She advised she is living up to this by speaking out in support of District 2 residents who should not have a three-story structure behind their single-family homes depriving them of privacy. She noted it did not seem fair and called for the development of the lot while preserving the quality of life for the neighbors. She acknowledged the developer has agreed to make concessions but pondered what would prevent a buyer from removing the opaque glass or opening them. She cited the decision the City Council recently made in denying the Holden Anaheim Hills development in part for it adversely impacting the privacy of neighbors. She called upon Council Member Ma'ae to stand up and say no to the developers for the residents of her district. Michael Price spoke up for homeowners' equality stating districts and zip codes should not matter. He advised the City has gone out of its way to protect the privacy of some homeowners while turning its back on others. He noted the Nohl Ranch housing tract directly above Peralta Hills even has its own code to prevent homes over 25 feet. He agreed it is reasonable but questioned why it does not apply to all residents. He advised development is going to happen but should happen responsibly without giving developers free rein to maximize their profit. He noted the City needs to do a better job for its homeowners. He lamented not helping sooner but noted he was busy fighting the Holden Anaheim Hills project. David Klawe reported he lives less than a mile from the site and drives by it daily. He advised west Anaheim has been looking for good quality projects and noted in -fill is the only option for lack of available land. He advised he is glad to hear an agreement has been made about the wall gap even though the gap would be 100% not on the HOA's property. He noted the HOA came seemingly last- minute to the Planning Commission meeting after numerous opportunities to air concerns earlier and noted this was unfair to the applicant. He advised these projects bring in more funds to the City and expressed hope that the HOA and Melia Homes work together to get the project done. He encouraged the developer to consider three-story buildings so there are garages to get cars parked off the over -crowded streets. City Council Minutes of September 28, 2021 Page 23 of 28 Mr. Brown noted the setback from the northerly property line is 20 feet, which is larger than the Cantada Square setbacks of 10-15 feet. He advised the homes themselves are 22-23 feet from the boundary. He noted this creates an actual buffer zone of about 38 feet. He advised part of providing 68,000 square feet of common open space within the project, almost double the requirement, is the lack of a park in the area. He advised the windows facing south from Cantada Square all have blinds and there are relatively few of them. He noted Mr. Nguyen's home is in an area where there is not an adjacent home proposed and his closest neighbor would be 80 feet away. Mr. Brown noted the existing mature trees would remain for screening supplemented by new evergreens. He reported Mr. Semcheshe has requested the homes near the boundary only be two stories but this request has come far too late in the process to enact. He advised this was not a fair request because Cantada Square is multi -family zoning and they are following the rules. He advised the difference between this proposal and Holden Anaheim Hills is the zoning adjacent to the property being multi -family as opposed to being single-family homes. Mr. Brown applauded the quality of the project and how well the similar Magnolia Avenue project is being received. He advised prolonging the project would be detrimental to its viability due to its contract and purchase agreement with Cornelia Connelly School. He explained a continuance would kill a nice in -fill project standing on its merits that would benefit west Anaheim. In response to Mayor Sidhu's inquiries, Mr. Brown confirmed the new trees would be no less than 12 feet in height. He noted there are limits on available sizes due to inventory shortage. He advised he could work with staff to select specific locations and window placements to identify spaces for strategically placed taller trees. He advised there are only nine homes on the boundary. Mayor Sidhu closed the public hearing. DISCUSSION: In response to Mayor Pro Tern Faessel's inquiries, Mr. White confirmed the proposal meets all code requirements for parking. He confirmed there is a condition the garages must be used for parking. He advised an eight -foot wall may provide for a feeling of security and privacy from the ground level. He explained this subject was not discussed by the Planning Commission but noted separating multi -family developments is typically achieved by a six-foot wall. He confirmed the proposed zoning change would give the two properties the same designation. He clarified the proposed development's setback is 20 feet but noted there could be some slight undulation in the structure. He clarified the Cantada Hills structures range from 10-15 feet for setbacks but the second stories are setbacks even farther than this range due to the rear garages. He advised there are provisions in the code that would allow for the school site to be developed with setbacks down to just 10 feet with a two-story product. He advised the guarantee of privacy is not absolute, and clear views into neighboring yards are not uncommon even in single-family residential zones. In response to Council Member Moreno's inquiry, Mr. Semcheshe clarified the dynamic changing from the homes they purchased is not the setback but rather the altitude and ability to look down. Council Member Moreno noted the residents also bought the homes thinking it was next to a school, which is something residents assume would never close. He equated it to the Holden Anaheim Hills situation where the neighbors never expected anything but single-family homes on the site. He commended the residents for attending the entire meeting. In response to Council Member Moreno's inquiries, Mr. Semcheshe clarified some residents were aware of the developer's community outreach meetings. He noted this happened during the City Council Minutes of September 28, 2021 Page 24 of 28 pandemic when people were staying at home. He reported he did not receive a letter that Mr. Brown reported had been sent through general mail and apologized for missing the zoning meeting. He advised options have been discussed at HOA meetings for how to proceed based upon tonight's decision. He clarified the objection is not for the actual development but more its height, acknowledging opaque glass alone would not solve the problem. Council Member Moreno noted he and Mr. Brown had the same social ecology major at UC-Irvine. In response to Council Member Moreno's inquiries, Mr. Brown advised there are no affordable housing units due to the sale price and value of the property. He noted the Magnolia Avenue project has 10% affordable housing. He reported those units have been advertised for 12 weeks and have received two qualified applicants, while 39 of the remaining 58 units have been sold. He advised a lot of the deal -making for affordable housing units in a development needs to happen at the onset due to the subsidies needed for a private developer. He believes subsidy funds should be used in rental assistance programs so would-be affordable unit homeowners could save up for a down payment. Council Member Moreno encouraged Mr. Brown to check with staff for a list of potential buyers for the affordable housing units. In response to Council Member Moreno's inquiries, Mr. Brown clarified the purchase contract for the site closed upon an upcoming hard date. He advised he has been driving the process as quickly as possible for this reason and noted there are only 45 days left in his window. He confirmed the sale is contingent upon entitlement and clarified there is not a reassessment of value in the contract. He confirmed there is a set price. He advised this project could go to somebody else in the future who may try to do a different type of zone change. He explained that making the homes on the boundary two stories would call for a complete redesign. He advised the $1,000 per unit affordable housing program donation is based upon precedent set by City Council. Council Member Moreno called for a policy for this sort of donation so they are not dependent on generosity from project to project. He noted $112,000 would help some residents with rent but is only half of what it would cost to build one affordable housing unit. He thanked Mr. and Mrs. Price for coming from Anaheim Hills to speak out for district equality. He noted he has the impression Mr. Brown did his due diligence in obtaining feedback from neighbors. In response to Council Member Valencia's inquiry, Mr. Brown confirmed there would not be a gate onto Transit Avenue and there never was one in the plan. Council Member Valencia advised walkways are considered open space but do not provide the same community benefit as a park. He expressed concerns about a lack of parks in this portion of the City. He advised he would like to add to the Conditions of Approval an increase to the height of the planted trees as a compromise to the HOA. In response to Council Member Moreno's inquiry, Mr. Brown advised if it would take trees in the 16- 20-foot range they would search high and low for them. In response to Council Member Ma'ae's inquiry, Mr. Brown reported they could add awnings to the windows overlooking Cantada Square but noted the Anaheim Fire & Rescue Department may not approve of them because many of the windows are mandatory bedroom egress. Fire Chief Pat Russell advised he could not give this answer accurately without consulting codes and could research what the maximum dimensions for such an awning could be. Mr. Brown advised there are awnings elsewhere in the design so they would not look odd if extended. Mr. White advised awnings City Council Minutes of September 28, 2021 Page 25 of 28 could be advised as a Condition of Approval, recognizing it would be somewhat limited in its ability to completely screen. He advised any regulations on tree heights should be applied to a motion as a Condition of Approval. Council Member O'Neil expressed appreciation for all of these efforts to ameliorate the neighbors' concerns. He advised some of these ideas would make the impacts minimal. He noted the proposed zoning matches the development to the north and is less dense than the property on the east. He advised the three-story structures on the northerly boundary are his biggest concerns so he would support increased landscaping height, taller walls, and possibly awnings. He advised he was contemplating adding fixed windows but the egress point eliminates that idea. He agreed west Anaheim needs this type of high quality, for -sale development to help lift the whole area and help spur needed commercial investment. He noted the positives outweigh the negatives. In response to Mr. White's inquiries, Mayor Sidhu confirmed the Condition of Approval is for trees of a minimum of 20 feet in height along the northern property line. Council Member O'Neil called for 50% of the tress to be of this height due to a lack of availability. In response to Mr. White's inquiry, Mayor Sidhu confirmed the trees should be 20 feet tall at the time of planting. He advised he was looking at how awnings could fit on the third floor. In response to Mr. White's inquiry, Council Member O'Neil advised he would support an eight -foot wall. MOTION: Council Member O'Neil moved to approve the project via four (4) resolutions and introduce two (2) ordinances, with amendments to the Conditions of Approval to include that 50% of trees along the northern property line be at least 20 feet tall, awnings are added to the third -story windows facing the property to the north, and the block wall height is increased to eight (8) feet, seconded by Council Member Diaz. DISCUSSION: Council Member Diaz advised the project is beautiful, much like the one on Magnolia Avenue, and would improve the neighborhood. He noted the City needs housing projects like this for his children to live in. Council Member Moreno advised this is a good in -fill project and the City needs housing like this but is also in desperate need of affordable housing. He explained that every development they approve without affordable housing puts more pressure on the next development and leads to segregated economic housing. He advised he could not fully support the project for this reason and lamented not having enough time to engage with the developer about the contingency of the sale. He noted first- time homebuyer and mortgage assistance programs were not sufficiently explored. Council Member Moreno advised the City Council has made decisions benefitting other communities using concerns of residents as reasoning. He advised the City Council tends to listen more closely to residents closer to their homes and approve developments farther away. He expressed appreciation for the residents for not saying no to the project but rather objecting to the development as it fits the neighborhood looking for amendments. He advised two Planning Commissioners, including the one from his district, voted no based not on the development but rather on looking for more time for the developer and neighbors to come for a more cohesive arrangement. Council Member Moreno advised new Council Member Ma'ae started by saying she was unaware of what her residents were thinking about this. He advised this lack of resident input weighs on him after City Council Minutes of September 28, 2021 Page 26 of 28 hearing concerns. He reported he would be abstaining because he likes the project but cannot support projects omitting affordability and where residents are requesting a pause. Council Member Ma'ae advised she planned on the possibility of abstaining for not having much input. She noted after hearing the residents, they have found a compromise. She advised the applicant is willing to add taller trees and awnings, noting this privacy issue was the most important part of the process for the residents. She advised it is a good high -quality and needed development for west Anaheim. She noted housing should not be a one -project fits all and this is a good fit for the community. In response to Mayor Sidhu's inquiry, Mr. White confirmed property owners and residents within 500 feet are notified of Planning Commission and Council hearings. He advised they keep records of the notifications, including those returned by mail. Mayor Sidhu advised the City Council uses a fair process with residents noticed of the meetings. He advised all City residents have an opportunity to come out, be part of the meetings, and say what they like or do not like about a project. He noted the City has done its due diligence. MOTION: Council Member O'Neil moved to approve the project via four (4) resolutions and introduce two (2) ordinances, with amendments to the Conditions of Approval to include that 50% of trees along the northern property line be at least 20 feet tall, awnings be advised to the third -story windows facing the property to the north, and the block wall height be increased to eight (8) feet, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Valencia, and O'Neil); NOES — 0; ABSTAIN —1 (Council Member Moreno). Motion carried; resolutions approved, as amended, and ordinances introduced. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS {non -agenda items): None COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Moreno congratulated the Dale Junior High School community, noting he attended the public grand opening of their renovated campus with Council Member Diaz. Council Member Moreno explained his wife, Lorena Moreno, is the principal at Dale Junior High School and welcomed all to tour the campus to see the physical and cultural changes. He thanked voters for approving bond measures, which financed the Dale renovation, as well as ongoing renovations at Sycamore Junior High School. He referenced community concerns about street racing on Vintage Lane and other neighborhoods near Olive Street north of Lincoln Avenue and thanked Police Chief Cisneros, Lieutenant Masilon, and residents for their efforts in this regard. He reported his office would be organizing a community meeting, hopefully at Betsy Ross Elementary School in partnership with the school board member, to address neighborhood concerns of street racing, overcrowded housing, parking issues, and student safety. He reported resident Maritza Bermudez suggested a beautification pilot program in the Olive/Rose/Bush Streets area, to include a more continual presence by Code Enforcement, Anaheim Police Department, and Neighborhood Services and noted he would be asking staff to meet with the neighborhood. He congratulated Council Member Ma'ae and looked forward to how they could work together on the Districts 2 and 3 borders along Euclid Street to address residents' needs. Council Member Diaz recognized and thanked the three (3) City Council appointees, the City Clerk, City Attorney, and City Manager, for their support and specifically the work on Beach Blvd. He thanked Council Member Moreno for mentioning the Dale Junior High School Renovation and City Council Minutes of September 28, 2021 Page 27 of 28 highlighted the classes that are taking place there, in addition to the beautiful, state-of-the-art buildings. He reported he joined Council Member Ma'ae last Saturday at a tribute for Esther Wallace where they planted a tree in her memory. He reminded District 1 residents that the Neighborhood Services meeting is on October 6. Regarding Beach Blvd., he assured residents that he and city staff are focusing efforts to improve the area. Council Member Valencia recognized the Anaheim Public Library for reopening the Ponderosa Joint - Use Library Branch and noted his attendance with Mayor Pro Tem Faessel at the ribbon cutting for the STEAM Mobile Exploration on Wheels program. He thanked the Community Services Department for continuing to host neighborhood vaccine clinics, including those in the Clifton/Philadelphia and Hermosa Village areas, and asked residents to be mindful of the pandemic and do what they can to stay safe. He reported his participation in the Fiestas Patrias Fair at the Anaheim Marketplace in celebration of Mexican Independence Day and encouraged all to visit the Marketplace. He thanked the Muzeo and Anaheim Public Utilities for hosting a community art day at the Ponderosa Family Resource Center. He welcomed Council Member Ma'ae and looked forward to commonality and a focus on neighborhoods and the economy. Mayor Pro Tern Faessel requested the meeting adjourn in memory of Joe Carter, 92-years-old and an Anaheim resident since 1955. He noted Mr. Carter celebrated his 71 st wedding anniversary with his wife, Helene, at the Angel's games, and served as a teacher and Assistant Principal in the Anaheim Union High School District, worked part-time at Disneyland, taught night classes at Long Beach, authored two junior high textbooks, and was active in the Kiwanis Club. He thanked the Police, Community Services, Public Works, and Public Utilities departments for a community meeting and efforts in the East Ward Terrace neighborhood. He reported attendance at the Redistricting meeting at the Sunkist Library and thanked City Clerk Theresa Bass and staff for their efforts on the process. He noticed his participation at a tour of the proposed veteran's cemetery site with Mayor Sidhu and Assembly Member Choi, a tour of the re -built Sycamore Junior High School and the kick-off of the Public Safety Academy, and the launch of the STEAM vehicle at the Boys and Girls Club. He announced next Friday is Manufacturing Day with an event at Reborn Cabinets. Council Member O'Neil confirmed Irvine has more manufacturing than Anaheim, per information he received from Economic Development Director Sergio Ramirez, but Anaheim is close. He congratulated and welcomed Council Member Ma'ae and looked forward to working together. He declined Council Member Moreno's invitation to tour school sites together. Council Member Ma'ae thanked City staff for making her feel welcome and helping her navigate through her new role. She looked forward to the challenge and to be the voice for the people of District 2, and was appreciative of the opportunity. Mayor Sidhu acknowledged Council Member Ma'ae's family. He reported new COVID cases were at their lowest levels since July, and Anaheim was moving away from the Delta surge. He thanked vaccines for helping limit spread and encouraged all to get vaccinated. He announced the ground opening on Thursday of the Anaheim Element Resort and Convention Center Hotel and looked forward to future economic recovery. He encouraged all to continue to work together, get vaccinated, and continue best practices to put the pandemic in the past. City Council Minutes of September 28, 2021 Page 28 of 28 ADJOURNMENT: At 9:23 P.M., Mayor Sidhu adjourned the City Council in memory of Joe Carter. Respectfully submitted, a Bass, CIVIC City sleek Public Comment From: International Educators' Hall of Fame Sent; Wednesday, September 15, 2021 10:01 AM To: Public Comment Subject; You are invited[!! r- 00the E Iryfr��rf® ��4�40( nay � YOU -II -I ON THE MOVE EDUCATION INTERNATIONAL itati°n u �� .this celebration��+ inuited�nt. NtiE� pro9Ro 2 I. t lty the-Mou honored fir _r r ins'e`embefs luill be Patricia Adelekan �� 9reirr pQpconess is jo citek5, Batiste Ar �OAlitba Adiur+ - t ottp•;ad a.m• • nbcrtS.Za2 emoxiCp9-1 6 sn urLiuersityo aa9e , a6 net L Poe- u• E, Poln' themo wwWAKouihan a ..yyy i L R • '`�3l i C Watch the International educators' hall of fame first virtual celebration 2020 below 0 Please Save the date for the 2021 Virtual International Educators' Hall of Fame: December 26, 2021. The time and link to this outstanding event will be communicated to you in the near future. In the meantime we present the 2020 Inductees. 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YOUTH ON THE MOVE EDUCATION INTERNATIONAL {d C u 4t.--,•�4 3,t o,n ihLx C[t[bFai+an 4F V.-/� it["a",' E pw { mberx Luii4 be horio*ed - .. i¢ pdelclaun � _� - lurr i% Dga�mness (�. ppanne aptLste r,►�• tithe Ad4ssti lb 1QRt at 'I'.- ¢.+h• Memorial }y S I Ix[xity'�S4a$e [p 9G5 g. ya�t uPLhemoue.n[t 1 _ Ainw i Please Join us for this important event hosted by Congressman Lou Correa Caption 2020 Virtual International Educators Hall of Fame Ceremony 2 Contact Us Youth on the Move International Educators Hall of Fame Dr. Patricia Adelekan, Retired Educator, Founder, CEO; 714-628-9844; Erna[l:iehof2Ol5@gmaii.com International Educators' Hall of Fame ! 1850 E. 17th Street, Room 103, Santa Ana, CA 92705 Unsubscribe publiccommentCa)anahelm. net Update Profile j About Constant Contact Sent by 03 Public Comment From: Alicia Kim Sent: Sunday, September 26, 2021 8:26 PM To: Public Comment Subject: [EXTERNAL] Gloria Ma'ae Warning: This email originated from ❑utside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. To whom it may concern, I would love to comment about Gloria. I have known Gloria for many years. She has a heart of gold. She is loyal, loving, and caring. Her smile lights up the room. She cares and loves her city and neighborhood. The city of Anaheim is so fortunate to have a representative to propel the city for a better future. Thank you , Alicia Sent from my iPhone 1 Public Comment From: Irene Hoffman Sent: Sunday, September 26, 2021 B-26 PM To: Public Comment Subject: [EXTERNAL] Gloria Ma'ae Warning: This email originated from outside the City of Anaheim. ❑o not click links or open attachinents unless you recognize the sender and are expecting the message. I was so glad to hear that Gloria Ma'ae was appointed to the Anaheim City Council. I have known Gloria for close to 20 years; we live in the same neighborhood. During that time, Gloria and I have worked on many activities that involve our neighborhood: - Neighborhood Watch - Seasonal activities at John Marshall Park - Building a playground at John Marshall Park And Gloria has always been our organizer and leader. Gloria has always been truthful, helpful and dependable, Again, I glad to hear Gloria is now on the Anaheim City Council Irene Hoffman Public Comment From: Youth -on -the -Move, Inc. (YOM]) Sent: Monday, September 27, 2021 4:09 PM To: Public Comment Subject: [EXTERNAL] Encourage the Youths Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments sinless you recognize the sender and are expecting the message. 00 the rn04� Sri '�'rranal f�U4� th YOUTH. ON THE MOVE EDUCATION INTERNATIONAL LET'S DO ��,�'•% CUBING TOGETHER! A FUN EXPERIENCE FEELING BORED' HAVE NOTHING TO DO FOR FUN? DOES THE PANDEMIC EVER PREVENT YOU FROM DOING ANYTHING FUN? 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BE SURE TO CHECK OUT MY IN-DEPTH RUBIK'S CUBE TUTORIAL HERE: HTTPS://WWW.YOUTUBE.COM/WATCH?V=Z2IDU6RWFVO a � , Y Caption 2020 Virtual International Educators Hall of Fame Ceremony Contact Us Youth on the Move International Educators Hall of Fame Dr. Patricia Adelekan, Retired Educator, Founder, CEO; 714-528-9844; Email: iehof20l5@gniaii.com International Educators' Hall of Fame 6 1850 E. 17th Street, Room 103, Santa Ana, CA 92705 Unsubscribe oubliccommentt&anaheirn net Update Profile I About Constant Contact Q Sent by Public Comment From: Kelly Baker Sent: Monday, September 27, 2021 7:52 PM To: Public Comment Subject: [EXTERNAL] Gloria Ma'ae for city council Warning: This email originated from outside the City of Anaheim. ❑o not click links or open attachments unless you recognize the sender and are expecting the message. I fuily support Gloria Ma'ae being chosen for district 2 city council, she has been my neighbor for many years and has been advocating for neighborhoods in anaheim for 20 years. She is a great person and a great cholce. -Kelly Baker Public Comment From: Derek McCarthy Sent: Tuesday, September 28, 2021 7:09 AM To: Public Comment; Public Comment Subject: [EXTERNAL] Gloria Ma'ae Warning: This email originated from outside the City of Anaheim. ❑o not Click links or open attachinents unless you recognize the sender and are expecting the message. September 26, 2021 To whom it may concern, My name is Derek McCarthy and I am here to write about Gloria Ma'ae as I am not able to attend and speak in person. I am 33 years old, with a respectable career and I am a licensed real estate agent in two states and continuing my education to be licensed in two other states. I can say this with certainty, my accomplishments would have not been possible without Gloria. The love, support, and encouragement I didn't know I needed or thought I wanted has guided me to be an honorable man with dreams that I know now are achievable. Gloria is selfless, honorable, and a second mother to many including myself. I have watched Gloria over the years help family, friends, strangers and the Anaheim community without asking for anything in return but to "be a better you I don't believe Gloria knows how to give up on anyone or any project and I know she will be an amazing Anaheim council woman. Gloria's dedication to community service, friends and family has not diminished over the years and that is why I am proud to stand for Gloria Ma'ae. Thank you for your time. Kind regards, Derek McCarthy Public Comment From: Janis Foster Sent: Tuesday, September 28, 2021 8.12 AM To: Public Comment Subject: [EXTERNAL] Gloria Ma"ae Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Hello. My name is Janis Tyson Foster. My family and I are very excited that Gloria Ma'ae will be a Anaheim City Council member. She will definitely be an asset to the community. I worked with Gloria at UPS for many years. During her time at UPS, she was much respected and provided great value to the UPS organization. Professionally and personally, Gloria has established a strong foundation of loyalty, reliability, honesty, discipline, kindness, vision, strength, with solid values demonstrated consistently. Gloria worked for United Parcel Service for 34 years, initially at a District level and then, at the Region level. Her primary focus was customer service development, customer concern resolution, sales and service support, and, sales initiatives. As a Director of Enterprise Accounts, I had customers around the world. Gloria was instrumental with communication, coordination, problem resolution with Customs and Brokerage throughout the world, development of sales collateral literature and presentations. I will always remember a very important response to a request for quote from a significant customer. Due to a strict deadline, we were scrambling to complete the UPS presentation. Gloria helped throughout the night so that we could hand -deliver our response that morning. Gloria is a compassionate and reasonable leader. Gloria has what it takes to help Anaheim achieve it's goals. Best, Janis Tyson Foster Jennifer L. Hall Subject: FW: [EXTERNAL] Fw: Petition and ©pen Letter Attachments: Melia Homes Petition.pdf; Melia Homes Petition 8-3.pdf; Screenshot_ 2021-08-13-09-21-16-1 pg; Melia Homes 2323 W Broadway Petition.pdf, D00059.pdf From: Ray Asad Sent: Monday, September 27, 2021 12:53 PM To: Nicholas J. Taylor <NJTaylor@anaheim.net> Subject: [EXTERNAL] Fw: Petition and Open Letter Warning: This email originated from outside the City of Anaheim. Do not click links or Open attachments unless you recognize the sender and are expecting the message. Hi Nick, Resending the attached to forward to City Council. Thank you, Ray Asad ( ----- Forwarded Message From: Ray Asad To: nitayloraanaheim.net �nitaylorCcDanaheim.net� Cc: Patrick Semcheshen ; Anthony Nourse ; Ryan Conard Niki J. Wetzel <nwetzelOanaheim.net>; Veronica Hurtado Lori Gomez Sent: Sunday, August 15, 2021, 08:58:54 PM PDT Subject: Petition and Open Letter Dear Nick, Please find attached letter and signed petitions by residents of the Cantada Square Community and HOA. Please include in agenda to City Council and Planning Commission for Monday August 16th meeting ref. matter related to Melia Homes Development on Broadway. If you can please confirm receipt of this email and attachments. Thank you very much. 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I 7N 0 cv Q 0 as m E 0 r Ta W Melia Homes Petition August 2. 2021 Petition & open Letter To Anaheim City Councif Anaheim City Planning Commission Frcrn: The Board of Gantada Square Home Owner's Association Community Residents of the Cantada Square Cortimunity Ret Melia Homes Proposed project for 112 3-story multi -family townhomas located on 2323 W Broadway, Anaheim This petition and open public letter is to request from Anaheim City Council and the City Planning Commission a deeper review and further assessment of the proposed project taking into consideration the concerns raised by Canlada 'Square Cornmtinily Residents herein The proposed project requires a General Plan Amendment which rezones the current land use designalion from School to Low - Medium Residenlial The project also requires a reclassification to change the zoning from'T" Transition to -RM-3" Multi -Family Residential. The Cantada Square Community Residents Oppose the proposed General Plan Amendment and consequently (lie Melia Homes Development as currenilypropased for the following reasons 1 Under the current School zoning for 2323 W Broadway, any new budding construction by the school would have a setback of 30 feel from G'antada Square property line with height limited to not exceed 30 feet The proposed GP Amendment to change the current land use designation to Multi -Family. will reduce the setback to 20 feet from property line and will allow oudlding height to exceed 30 feet, current prolecl proposal calls for 37' 3 a PRIVACY - This is a significant and huge concern for single-family home owners and residents of properties locateti directly and backing against the property line of the proposed 3-slory development With a reduction in setback and the higher bill fdIng elevation, occupants of the new low nhomes will have direct sight and view of private bedrooms and backyards of the impacted properties The proposed 8 feet wall will not suffice and neither will the use of existing eucalyptus trees as there are gaps in between trees and sections without trees The proposed addition of new trees will not provide sufficient coverage due to construction height. Page 1 of 6 Melia Homes Petition August 2. 2021 b PROPERTY VALUES-Anot her signiticantly huge concern whicti impacts the entire Cantada Square Community Owners is a potential decline in property valuation due to privacy related issues as a resell of 3-slory construction and the close proximity of the proposed project. A decline in property value of one home will negatively impact all property values within The closed and gated Cantada Square Community At the lime of construction of Cantada Square and the purchase of these properties, it was with the knowledge of the school toning and open areas. 2. Melia Homes Development proposal calls for 22 buildings, each with 4 and 6 townhomes with a density of 17 25 dwelling units per acre (dulrlc) yieldirg to the construction of 112 3-story mull 1-family townhomes with a height above 37 feet which further poses the following concems CLIMATE IMPACT - The increased height to 37" X to allow for 3-slory building construction will act as a barrier to cooler soultlem winds blocking natural cool air from flowing through the community compounded by the development of 22 buildings housing 112 units which ultimately will increase radiated heal from building and intensified heat from glass windows reflection This will also result in increased consumption of city electric utilities and further increasing owners' utility cost during hot Summer months h SANITATION & NOfSE - The proposed development places the community trash collection bins within close proximity of the new proposed property wall which could pose health risks, increase in rodent populslion and horrifying trash odors emitting to the Cantada Square Community compounded with noise from trash pickup trucks in the back of bedrooms - The Noise Shidy conducted on 2/25/2021 appears to only measure current noise levels in the immediate vicinity for the proposed community and its future occupant& but it fails to project future noise levels after full occupancy, fully loadea with vehicles and the future Impact of [tip inevitable increase In noise level on surrounding communllies c HEALTH & SAFETY - The proposed new block wall to build in between the existing property ling: wall and the Eucalyptus trees will not provide any privacy since the height is only 6 teet and further it Page 2 of 6 Melia Homes Petition AiIust 2, 2021 will create a maintenance and cleanup gap of the space In between walls. This will become a magnet for rodents, snakes, weeds, etc which poses health and safety issues to families and children d HIGHER EMISSIONS - With the number of units proposed 112 townhomes with 2 car garages, 350 parking spaces proposed will undoubtedly increase CO2 emissions in the immediate environment affecting the health of many and primarily the elderly and children in the community e FLOOD EASIVIENT - The Cantada Square HOA and Community currently has a land easement on the developer's silt, to prevent flooding 11 is imperative the the planned site does not infringe lhrougti Connection or conduit on the existing chanriM easement as this will create an overload capacity on the channel which can lead to backup flood wash onto Cantada Square Community. The Caantada Square HOA & Community w+li support a development of multi -family townhomes d the units proposed to be closest to the property ions can be limited to two-story homes while retaining the 30 feet setback (grandfalhered from school zoning) and hmiting the height to not exceed existing Cantada Square home structures of approximately 21' 3" Further we would like additional detailed information from the developer and City Planning Stall on appropnate measures to address the various concerns shared above Page 3 of 6 Melia Homes Petition August 2, 2021 liy 1 f I•.A i. L' � .AS. 7 � '1 �•1 �W .i�� 4`��l �I Ilavn�-i,oy,a t.t�J-mot �jj3 zj O v Sv 13 at r 1— a31Z� Z! 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