Anaheim City Council
May 17, 2022

ANAHEIM CITY COUNCIL

REGULAR AND REGULAR ADJOURNED MEETING
OF OCTOBER 26, 2021
The regular meeting of October 26, 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 chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on October 21, 2021.

MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Stephen Faessel, Jose Diaz, Gloria Ma’ae, Avelino Valencia, and Trevor O’Neil. Council Member Jose F. Moreno joined the meeting during Closed Session.

STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: No in-person speakers. City Clerk Theresa Bass reported that 11 public comments were received electronically prior to 3:30 P.M. related to the Closed Session agenda [A final total of 11 public comments were received electronically, distributed to the City Council, and made part of the official record]. – See Appendix.

CLOSED SESSION: At 3:34 P.M., Mayor Sidhu recessed to closed session for consideration of the following:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Santiago Geologic Hazard Abatement District v. City of Anaheim, Orange County Superior Court Case No. 30-2021 01203933

2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organizations: American Federation of State, County and Municipal Employees (General Management, Professional/Technical, and Confidential Units) At 5:25 P.M., Mayor Sidhu reconvened the Anaheim City Council.

MEMBERS PRESENT: Mayor Sidhu and Council Members Faessel, Diaz, Ma’ae, Moreno, Valencia, and O’Neil
INVOCATION: Rabbi Joel Berman, Temple Beth Emet
FLAG SALUTE: Council Member Jose F. Moreno
City Council Minutes of October 26, 2021

Acceptance of Other Recognitions (To be presented at a later date):

Recognizing October 24 – 30, 2021, as Lead Poisoning Prevention Week Recognizing November 1, 2021, as Extra Mile Day
At 5:29 P.M., Mayor Sidhu called to order the Anaheim Housing Authority (in joint session with the City Council).

ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items, except public hearing):

City Clerk Theresa Bass reported that 13 public comments were received electronically prior to 1:30 P.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of 19 public comments were received electronically, distributed to the City Council, and made part of the official record]. – See Appendix.

Prior to receipt of public comments, an outline of rules for public comments and a brief decorum statement was provided by Ms. Bass.

Council Member Moreno requested Ms. Bass further clarify the public hearing and public comment process. He also requested Mayor Sidhu advance Item No. 23 towards the beginning of the agenda so members of the public could be heard sooner. Mayor Sidhu advised the Consent Calendars would be heard first, then the public hearing, then any items that might be pulled by Council Members.

Paul Hyek expressed concern regarding an unnamed homeless shelter and noted it looked and operated like a mini prison.

David Klawe expressed support for Item No. 04. He noted Esther Wallace’s efforts for west Anaheim and advised Anaheim Beautiful recently placed a tree in her honor near her husband's tree in Maxwell Park. He provided a brief history of her contributions to Anaheim.

Mark Richard Daniels expressed concern that the City could not support the designation of Little Arabia. He believed the City Council has animosity against the Muslim people of Anaheim.

Larry Larsen thanked all the women and men in blue, including the Anaheim Fire & Rescue. He reported he has been involved with the Independent Learning Center at Anaheim High School, which is an alternative education program for students. He advised Police Chief Cisneros spoke with the students and thanked him for his time. He noted he has made a tremendous impact on the students.

He reported he attended the District 6 meeting and thanked Ms. Bass and her staff for attending.

Mike Robbins expressed support for the designation of Little Arabia and noted many Anaheim residents support the ethnic restaurants in the area. He believed the City Council should support this as part of the support for the small business community in the Brookhurst Corridor.

Jeanine Robbins expressed support of the designation of Little Arabia and noted recognition of the diverse area is long overdue. She advised Mayor Sidhu and Council Member Ma’ae do not support the designation and noted Council Member Ma’ae has referred to the Brookhurst Corridor as in need of repair and as a gem, which she believed was contradictory. She reported Little Arabia has become a bustling vibrant area that should be celebrated and acknowledged by the City and it was time to City Council Minutes of October 26, 2021

celebrate the unique areas of Anaheim, not just Disneyland. She encouraged the City Council to support to agendizing the issue and encouraged members of Anaheim’s Arab community to stop contributing to campaign funds of the City Council and to vote for those who support them.

Victoria Michaels advised she does not understand some of the dais’ reluctance to agendize the designation of Little Arabia and encouraged the City Council to at least agendize the item for discussion.

R. Joshua Collins called for a public forum to discuss the shooting of Brandon Lopez. He reported Santa Ana’s Mayor stated the altercation should have ended in arrest but should not have ended in murder. He advised it seems the City Council is resisting a mandate for affordable housing units and noted it is the largest city in Orange County without an affordable housing policy despite calls to create one. He expressed concern there was no emergency plan to shelter the homeless during the recent storms.

Vern Nelson expressed support for the designation of Little Arabia and noted many residents of Orange County frequent the area for ethnic cuisine. He noted many of the City Council ran campaigns that promised the designation. He noted Westminster has Little Saigon, Garden Grove has Koreatown, and if Anaheim has Little Arabia, people would visit the area and spend money. He advised Council Member Ma’ae and Mayor Sidhu spent $3,000,000 of the taxpayers’ money fighting against district elections. He reported the Police Review Board would meet on October 28, 2021 at 6:00 P.M. and would be the first meeting since the Brandon Lopez shooting. He encouraged the City Council to close the meeting in honor of Sandie Schwaiger.

Cecil Jordan Corkern reported Halloween Time at the Disneyland Report takes place from September 3 through October 31. He advised he is preparing an ultimate guide for Disney. He expressed concern that the pandemic would extend into 2022 and encouraged residents to take care of themselves.

Diego Anguiano reported the Asociacion de Emprendedores gives members the tools to start their own business, offers guidance, and provides support. He encouraged the City Council to continue support for the program.

Monica Robles, President and Founder of Asociacion de Emprendedores, reported the group was started in 2018 due to the dire need in the Hispanic community. She advised this program teaches participants about the importance of empowerment, leadership, and business so they can believe in themselves and go on to start their own businesses. She reported the program has been taught to Anaheim residents since 2019 with very good results and noted 73 participants in Anaheim have completed the program. She requested the City Council continue to support the program and connect it with the County Board of Supervisors because the State has provided $15,000,000 in a grant that only counties can apply for and disperse to microbusinesses subject to guidelines. She encouraged the City Council to further explorer the program.

Mazatl Tecpatl Tepehyolotzin thanked the City Council for voting for Indigenous Peoples’ Day. He reported he has obtained 6,000 signatures on a petition to change the name of Anaheim High School’s “Colonist” mascot and the school name. He thanked the City Council, especially Council Member Moreno, for making Indigenous Peoples’ Day a reality. He expressed solidarity with the Arab Muslim community and encouraged City Council to approve the designation of Little Arabia.

City Council Minutes of October 26, 2021

Jonathan Daniel expressed support for the designation of Little Arabia and encouraged City Council to support the diverse communities in Anaheim. He noted the community does not need the City’s approval to recognize Little Arabia.

Mario Castillo reported he came to the United States six years ago with a degree in Business Administration and a master’s degree in Finance but did not know anything about the economic system in this country. He advised the Emprendedores has helped him build his skills and now he has a business consulting company along with being a mentor for Emprendedores Wes Jones reported voters passed Measure L four years ago and he believed it was time the City enforced the measure. He encouraged City Council to recognize Little Arabia with a designation not only for tourists but for the residents of Anaheim.

David Lieberman expressed support for the designation of Little Arabia. He would like to see the area flourish by becoming a destination much like the Little India area in his hometown in New Jersey once they received their designation. He noted the designation also helps local businesses. He advised the area has been a model for inclusivity and the Arab community has responded in kind. He encouraged City Council to agendize the item for discussion.

Ashleigh Aitken congratulated Council Member Ma’ae for her appointment. She thanked City Council for recognizing Esther Wallace for her service to Anaheim. She encouraged City Council to adopt a resolution to officially recognize the Little Arabia district and noted it could do much good for the community. She advised people come from all over the region to enjoy its food, shops, and markets and while they are visiting, they also visit other areas of Anaheim. She explained that officially recognizing Little Arabia as a district would speed up the economic recovery of the district, resulting in economic benefit to the City. She advised the designation would also send a strong message to the Arab American community that it is valued and welcomed. She reported this community works hard to assist new immigrants with employment and services that streamline their entry into the local economy. She noted promoting Little Arabia’s economic district would help Anaheim’s economic recovery, help local small businesses, and promote kinship and pride amongst the local Arab American community.

Bob Donelson expressed support for the designation of Little Arabia and he did not understand why anyone would see it as divisive. He thanked Council Member Valencia for attending the districtwide meeting. He expressed concern regarding the bathrooms at Brookhurst Park and noted the port-a- potty is cleaner than the restrooms.

Council Member Valencia requested Public Works staff investigate the restroom concerns noted by Mr. Donelson.

David Duran expressed concern about how Mayor Sidhu exercised his power and privilege when a resident provided public comment earlier. He alleged many Council Members feel privileged and empowered because of their position and noted they make decisions, spend taxpayer money, and sell stadiums without sufficient public involvement. He noted they also remain silent when travesty against the public is brought to their attention and many of their actions have been to give millions of dollars to businesses. He encouraged City Council to make the designation for Little Arabia.

City Council Minutes of October 26, 2021

Joe Pak, Orange County Korean War Memorial Committee Secretary-General, reported they have been working on a Korean War Memorial at Hillcrest Park since 2009. He invited the public and City Council to attend the official dedication on Veterans Day at 1:00 P.M. at Hillcrest Park. He noted the memorial would be inscribed with the names of the approximately 36,591 American soldiers who were killed in the war, with 2,612 being from California and 58 being from Orange County.

Liliana Bataz (translation: Spanish) advised she graduated from the Emprendedores program in April 2019 and noted the program has allowed her to open her own business. She advised the program allowed her to work with entrepreneurs of different businesses. She was also able to work with women who were victims of domestic violence. She advised she is teaching mothers in the My Safe Harbor program and working with a program to stop human trafficking. She thanked the City of Anaheim for their support for the Emprendedores program.

Javier Bataz (translation: Spanish) reported he belongs to the first generation of graduates from the Emprendedores program. He advised he arrived in the United States 10 years ago and was unable to develop professionally until 2019 when he started the Emprendedores program. He advised the program has helped him to start his own business. He thanked the City of Anaheim and requested City Council continue to support the program and the Hispanic community. He thanked Mayor Sidhu for telling his story of immigrating to the United States, noting it was very impactful for him.

Elizabeth Gonzalez expressed support for the designation of Little Arabia and noted, as a daughter of a small business owner, it is important small business owners in Anaheim receive the support they need. She advised Anaheim is more than Disneyland and the diversity in the community needs to be celebrated. She reported she is a resort worker and noted the pay and conditions are deplorable. She advised she is a member of SEIU-USWW and advised negotiating with Disney has been difficult. She advised she spent the entire summer knocking on doors in support of Measure L and noted it needs to be respected.

Tom Orbison reported residents moved to Anaheim because of the quality of homes and owners take pride in ownership. He advised the Pearson Park and the Colony area are just some of the pride areas in Anaheim. He encouraged City Council to deny Item No. 23 and noted businesses should not be allowed in neighborhoods. He reported there is an unauthorized Airbnb at 620 North Janss Way and requested the City investigate.

Sirina Nabhan expressed support for the designation of Little Arabia and encouraged City Council to agendize the item for discussion. She believed the designation would drive more business to the area.

Rebecca Kouac-Stein echoed the previous comments by Ms. Aitken and expressed support for the designation of Little Arabia.

Jenny Matti expressed support for the designation of Little Arabia and was disappointed the conversation was still ongoing. She advised Little Arabia is diverse and vibrant and noted it is because of the people and communities that live there. She expressed concern that the request to designate the area is continually denied. She explained City Council is ignoring its constituents who are asking for cultural recognition, is not defending the unity of the City, and contributes to its division.

City Council Minutes of October 26, 2021

Ryan Clark advised he is a resident of District 2 and noted his family moved from Belmont Shores to be closer to Little Arabia. He noted it is time for the designation of Little Arabia that would help grow commerce and tourism in light of the recent setbacks from the pandemic. He advised the designation could also bring long-lasting changes to many small businesses. He encouraged City Council to agendize the item for discussion.

Jackie Cordova expressed concerns about the working conditions at Disneyland. She advised the community has been standing up in protest for years against the cronyism between Disneyland and the City Council. She reported most households in and around the resort area cannot attend the park due to the exorbitant fees and noted McDonald’s pays its workers more than Disneyland employees.

She believed City Council helped create homelessness and hunger in Orange County. She expressed concern for low pay and poor working conditions for front-line workers at the West Anaheim Medical Center. She encouraged City Council to support the designation to Little Arabia.

She addressed the killing of Brandon Lopez by the Anaheim Police Department. She advised Irvine would be expanding its jail capacity by 2,000 beds in Orange County and advised additional information could be found at https://www.stopthemusick.net/ Fred Sigala Jr. advised the Arab American community in Anaheim has been lied to, double-crossed, ignored by its elected officials, and excluded as a distinct culture. He advised the Little Arabia community continues to help others with essential services such as health coverage, jobs, food, financial support, and English classes through their non-profit foundation Access California Services.

He noted that even with how diverse the City Council appears to be, they could make themselves appear to be xenophobic or discriminatory against Arab and Arab Americans. He advised the Arab American Civic Council has reached out to Stater Brothers and Cortina’s Italian Market who have expressed support for the designation. He believed the City could gain by supporting the businesses in the area and urged Council Member Ma’ae to make the formal request to agendize the item.

Fatima D. Baqi expressed support for the designation of Little Arabia and encouraged City Council to agendize the item for discussion. She advised the argument against the designation is of terrible faith and noted there would also be non-Arab businesses in the area. She believed an official designation of Little Arabia would bring a boom in business. She expressed concern regarding the FBI spying on the Arab community and encouraged interested parties to research FBI vs. Fagaza.

Carmen Philip expressed support for the designation of Little Arabia. She advised she is an immigrant from Iraq and noted she lives in the heart of the community. She noted she has family members who will travel hours to the area to shop and eat and for those family members who do not speak English well to feel comfort and understood.

Adam Overton reported he is a faith-rooted organizer with Clergy and Laity United for Economic Justice (CLUE) whose mission it is to educate, organize, and mobilize the faith community to accompany workers and their families in the struggle for good jobs, dignity, and justice. He advised there are many ethnic enclaves in the region and it is time for the City to officially designate Little Arabia. He noted he is Jewish and has always felt welcome in Little Arabia. He reported Little Arabia is home to hundreds of Arab American businesses that have become a cultural destination for countless American families all over California. He advised many businesses in the area have closed due to the pandemic. He expressed concern about the alleged divisiveness of this issue and noted this is about diversity and not division.

Afaf Annan expressed support for the designation of Little Arabia and she would like to see all Anaheim residents explore Little Arabia.

City Council Minutes of October 26, 2021

Tom Fielder expressed support for the designation of Little Arabia and noted all the relevant arguments have already been made by previous speakers. He does not understand why there is any pushback against the designation and encouraged the City Council to do the right thing.

Fayaz Nawabi reported he is the Policy and Advocacy Manager for the Council on American-Islamic Relations (CAIR) and is a resident of Anaheim. He expressed support for the designation of Little Arabia. He advised the Arab community is an integral part of the Anaheim community and noted there are over 100 businesses in Little Arabia serving the residents of Anaheim.

Nizar Bilbas congratulated Council Member Ma’ae on her appointment in District 2. He expressed disappointment regarding her comments on Little Arabia and noted it only fuels the myth that Arabs are trying to take over. He believed this was an opportunity for people to get to know the Arab community and noted this would be the first Little Arabia designation in the nation. He reported the Arab community has helped develop the most run-down area in Anaheim and continues to do so. He advised both Arab and non-Arab businesses in the community support the designation. He recommended Council Member Ma’ae personally ask the businesses such as Stater Brothers and Cortina’s if they want the designation. He advised the majority of Anaheim voters support the designation. He recommended she meet with the Arab American Civic Council to see the petitions that have been signed by the non-Arab businesses in support of the designation.

Aneesah Muhammed reported she works in District 2 and encouraged City Council to support the designation of Little Arabia. She advised it is a welcoming cultural and business area that attracts people from different ethnic backgrounds, such as ethnic markets, restaurants, cafes, religious centers, clothing stores, hair salons, and much more. She advised, growing up, her family was racially profiled, discriminated against, and they would drive to Little Arabia to eat the food and feel safe. She noted in supporting the Little Arabia designation, City Council would empower the Arab American and immigrant-owned small businesses, hundreds of their employees, and their families.

She expressed disappointment the item has not been agendized and encouraged City Council to place it on the agenda.

Amin Nash expressed support for the designation of Little Arabia and encouraged City Council to agendize the item for discussion at the next City Council meeting. He advised there is Arab and non- Arab community support for the designation. He reported many Arabs come to Little Arabia from locations as far away as Las Vegas and Arizona to obtain their Halal meats at the Altayebat Market.

He encouraged City Council to think about the community and the prospects of what may emerge if Little Arabia receives its designation. He noted that this designation would be the first in the nation and people would recognize that Anaheim did the right thing by supporting the designation.

Amir reported he is a student at Cal State Fullerton and regularly commutes there from Rancho Cucamonga. He advised Little Arabia has always been a part of the Arab community within Cal State Fullerton and noted fellow students of Arab background come to enjoy the food, hang out, and enjoy the culture. He expressed support for the designation along with his fellow Arab students at Cal State Fullerton.

Rashad Al-Dabbagh, Executive Director of the Arab American Civic Council, expressed support for the designation of Little Arabia and encouraged City Council to agendize the item for discussion at the next City Council meeting. He noted more than 100 businesses in Little Arabia contribute to the City of Anaheim’s culture and business. He encouraged City Council to experience the food and culture in Little Arabia.

City Council Minutes of October 26, 2021

Kenneth Batiste encouraged the City Council to listen to its constituents. He alleged money means more to Council than residents. He expressed support for the designation of Little Arabia that should be an attraction for people to know all around the world.

Manuel Hernandez reported on July 22, 2012, Officer Kelly Phillips shot Joey Acevedo in the back of the head while handcuffed. He advised Officer Phillips is still patrolling Anaheim, encouraged City Council to compensate the mother of Mr. Acevedo, and advised a legal response would happen if she was not compensated. He reported he was placed in the Los Angeles County jail as a political prisoner for three months for exposing the murder of Jason Rodriguez by the Montebello Police Department. He reported he was tortured in jail and took two years to recover. He advised people in the streets talking to themselves and hitting themselves are victims of mind control attacks by government agencies. He advised City Council and the Police Chief are not immune from these mind control attacks, it is known as Havana Syndrome, and encouraged them to pay attention.

CITY MANAGER’S UPDATE:

City Manager Jim Vanderpool announced the Dia de los Muertos event would be hosted by the Community Services Department and Project SAY from October 29 through November 1, and would include community altar showcases at seven locations throughout the City. He advised more information can be found in the press release at www.anaheim.net and on the City’s social media.

At 7:25 P.M., Mayor Sidhu recessed the Anaheim City Council to address the Anaheim Housing Authority agenda and reconvened at 7:43 P.M.

CONSENT CALENDAR: At 7:43 P.M., the consent calendar was considered with Council Member Ma’ae pulling Item No. 04, Council Member Valencia pulling Item No. 20, and Council Member Moreno pulling Item Nos. 06, 14, and 18 and requesting Public Hearing Item No. 23 be advanced for earlier consideration.

MOTION: Council Member O’Neil 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 Valencia. ROLL CALL VOTE: AYES – 7 (Mayor Sidhu and Council Members Faessel, Diaz, Ma’ae, Moreno, Valencia, O’Neil); NOES – 0. Motion carried.

3. Receive and file minutes of the Library Board meeting of September 13, 2021.

5. Appoint six new members and reappoint four members to the Anaheim Workforce Development Board to serve terms through June 30, 2024 and June 30, 2025: [New Appointments - Katie Marquez (June 30, 2025), Jenevive Sandoval (June 30, 2025), and Paul Sanford (June 30, 2024), representing business; Adrian Esparza (June 30, 2025) and Andrew Gonzales (June 30, 2024), representing labor; and Sergio Ramirez (June 30, 2025), representing economic development] [Reappointments - Joseph Paquette (June 30, 2025), representing business; Robert Nelson (June 30, 2025) representing labor; Rhonda Wooten- Savino (June 30, 2025), representing the California Employment Development Department; and Trung Le (June 30, 2024), representing the California Department of Rehabilitation].

City Council Minutes of October 26, 2021

8. Award the contract to the lowest responsible bidder, Crosstown Electrical and Data, Inc., in the amount of $356,855, which includes a not-to-exceed construction allowance in the amount of $25,000 for contingencies, for the Wayfinding Signs Project; authorize the Director of Public Works to execute the contract and related documents, and to take the necessary actions to implement and administer the contract; determine that the project is categorically exempt from the California Environmental Quality Act pursuant to Sections 15301(b) and 15303 of Title 14 of the California Code of Regulations; authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions; and increase the Community and Economic Development FY 2021-2022 budget by $256,855.

9. Award the contract to the lowest responsible bidder, Asplundh Construction LLC, in the amount of $7,294,265.83, for the Direct Buried Cable Replacement Project FY 2021-22; 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 Sections 15301(b), 15302(c), 15302(d), and 15303 of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.

10. Award the contract to the lowest responsible bidder, Cedro Construction Inc., in the amount of $2,657,949.40, for the La Palma Avenue and Tustin Avenue Water Main Replacements at Orange County Transportation Authority Railway Crossing Project; authorize the Director of Public Works to execute the contract and related documents, and to take the necessary actions to implement and administer the contract; determine that the project is categorically exempt from the California Environmental Quality Act pursuant to Sections 15301(b), 15302(c) and 15303(d) of Title 14 of the California Code of Regulations, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.

11. Approve the agreement with the Orange County Superintendent of Schools, operating as Inside the Outdoors, for Energy and Water Sustainability Education Programs and Services, for a term of three years with up to two one-year extensions, in an annual amount not to exceed $125,000 with a 10% contingency for extra services if needed; authorize the Public Utilities General Manager, or designee, to execute the agreement and any related documents, and take the necessary, required, or advisable actions to implement, fund, and administer the agreement.

12. Authorize the Director of Public Works, or designee, to accept and manage the two awarded Highway Safety Improvement Program Cycle 10 grants totaling $1,918,200, for traffic signal modifications at a total of seven intersections and accept the additional Highway Safety Improvement Program Local Road Safety Plan grant funding $90,000, with a $10,000 local match; determine that two Federal Highway Safety Improvement Program grant projects are categorically exempt from further environmental review under the California Environmental Quality Act pursuant to Class 1, Section 15301 (Existing Facilities) and Class 2, Section 15302 (Replacement or Reconstruction) of Title 14 of the California Code of Regulations, [Traffic Signal Improvements at Three Intersections Project and Traffic Signal Improvements at Four Intersections Project]; and increase the Department of Public Works Fiscal Year 2021/22 revenue and expenditure budget by $2,008,200.

City Council Minutes of October 26, 2021

13. Approve the Professional Services Agreements with six consultants, in the not to exceed amount of $400,000 per Work Order Package and with a total not to exceed contract amount of $1,000,000 per contract year per consultant, for on-call materials testing, deputy inspection, and environmental engineering and science services to support the Construction Services Division of the Public Works Department each for a term ending April 27, 2022 with one two- year optional renewal and extension of the term for such time as necessary for completion of outstanding work order packages in progress (not to exceed six additional months); authorize de minimis changes that do not substantially change the term and conditions of the agreements, as long as such changes are determined to be de minimis by the City Attorney; and authorize the Director of Public Works, or designee, to execute the agreements and to take the necessary or advisable actions to implement and administer the agreements, any optional renewals, and extensions (MTGL, Inc.; Geocon West, Inc.; Twining, Inc.; Smith – Emery Laboratories, Inc.; Geo-Advantec, Inc.; and LaBelle Marvin, Inc.).

15. RESOLUTION NO. 2021-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM certifying that Anaheim has the resources to fund the projects submitted for inclusion in the FY 2022/23 - 2027/28 Transportation Improvement Program and affirming its commitment to implement all of the projects submitted in the program.

16. RESOLUTION NO. 2021-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 2021-002 for Groundwater Treatment Plants Phase B and Groundwater Supply Wells Nos. 60 and 61 supported by those findings required by the California Environmental Quality Act.

17. RESOLUTION NO. 2021-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM forming Underground District No. 70 (Wildfire Mitigation Undergrounding in Fire Threat Zones) and determining said action is exempt from the California Environmental Quality Act pursuant to Sections 15301(b), 15302(c), 15302(d) and 15303 of Title 14 of the California Code of Regulations.

19. RESOLUTION NO. 2021-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM for the purpose of creating, deleting and/or modifying certain classifications designated as Management Unrepresented Full-Time.

RESOLUTION NO. 2021-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-093 for the purpose of creating, deleting and/or modifying certain classifications designated as Administrative Management.

14. Approve minutes of the City Council meeting of February 16, 2021.

At 7:45 P.M., Mayor Sidhu took the agenda out of order and considered Public Hearing Item No. 23 prior to addressing items pulled from the Consent Calendar and End of Consent Calendar agenda items.

City Council Minutes of October 26, 2021

PUBLIC HEARING:

23. CEQA CATEGORICAL EXEMPTION, CLASS 1
CONDITIONAL USE PERMIT NO. 2021-06106
(DEV2021-00122)
OWNER: Roberto Esquivel, 1540 El Travisia Drive, La Habra, CA 90631 APPLICANT: Grandma’s House of Hope, Je’net Kreitner, 1505 E. 17th Street, Santa Ana, CA 92705
PROJECT LOCATION: The project site is located at 626 North West Street and 945 West Pioneer Drive, at the northeast corner of West Street and Pioneer Drive.

REQUEST: The applicant requests approval of a Conditional Use Permit to permit a transitional housing facility for 20 residents plus one house lead resident within a single family residence. [Applicant has submitted a revised request for approval of a Conditional Use Permit to permit a transitional housing facility for 16 residents inclusive of one house lead resident within a single family residence.]
ENVIRONMENTAL DETERMINATION: The City Council will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities).

ACTION TAKEN BY THE PLANNING COMMISSION:

Denied Conditional Use Permit No. 2021-06106 (PC2021-030). VOTE: 6-0 (Chairperson Meeks and Commissioners Keys, Kring, Perez, Vadodaria, and White voted yes.) (Planning Commission meeting of August 30, 2021) Appealed by: Je’net Kreitner, Grandma’s House of Hope.

RESOLUTION NO. 2021-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying Conditional Use Permit No. 2021-06106, and making certain findings in connection therewith (DEV2021-00122) (626 North West Street & 945 West Pioneer Drive).

Approved, as amended to include additional findings.

Or
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2021-06106, and making certain findings in connection therewith (DEV2021-00122) (626 North West Street & 945 West Pioneer Drive).

Planning and Building Director Ted White reported the item is a request for a Conditional Use Permit (CUP) to allow a transitional housing facility located within an existing single-family residence at 626 North West Street. He advised the request was denied by the Planning Commission and appealed by the applicant. He reported the site is located on two-thirds of an acre located in the “RS-1” Single- Family Residential Zone and is developed with a single-family residence and an attached three-car garage.

Mr. White reported the applicant proposes a transitional housing project in the existing residence and noted transitional housing is considered a residential use pursuant to state law. He advised state law defines transitional housing as rental housing that is operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future time that shall be no less than six months from the beginning of City Council Minutes of October 26, 2021

the assistance. He advised the Anaheim Municipal Code requires a CUP for transitional housing projects that are greater than six (6) residents.

Mr. White reported the applicant proposes a transitional housing facility for up to 16 residents with one participant serving as a Community Leader where 21 was previously proposed. He advised this change was proposed following the Planning Commission meeting as part of a revised letter of operation. He reported the transitional housing facility would provide housing and support services for women over 18 years of age with the majority being over the age of 40 that have not been able to obtain permanent housing and are experiencing homelessness with mental health disabilities.

Mr. White reported participants in the program gain skills needed to live independently within 12 to 18 months after arriving in the program. He advised participants living at the facility would be provided with various resources, including individual case management, health service referrals, counseling, and assistance with placement in permanent housing. He explained all participants would be chosen through a pre-screening process through the Orange County Health Care Agency and would maintain a sober living environment. He advised participants would be required to follow a program schedule and would not be allowed to have visitors without express consent from the Program Manager as specified in the Program Agreement, which is generally limited to child reunification scenarios.

Mr. White reported the existing 5,300 square foot home consists of eight bedrooms, ten bathrooms, a kitchen, living room, dining room, game room, and three-car garage with laundry room. He advised one garage space would be used as a gym or recreation area. He advised the staff work area would be located in the existing pool house. He explained there are no specific occupancy limits in the building or fire codes for transitional housing and noted no specific changes are being proposed for the property.

Mr. White advised the proposed facility would be staffed by a Program Manager who is on-site approximately 25 hours per week along with a Case Manager, Housing Navigator, Service Coordinator, Intake Specialist, and Therapist, although there would be a maximum of three staff on- site at any time. He explained nighttime supervision would be provided by the participant serving as the Community Leader who would be required to complete a leadership program and be identified by staff as having the maturity, skills, and trustworthiness to effectively supervise the facility during the evening hours. He advised the revised letter of operation clarifies that the Community Leader would have a vehicle on-site and would call 911 if an emergency occurs overnight. He noted professional staff would be on-call 24 hours a day and would be available to assist the Community Leader when needed.

Mr. White reported the applicant conducted a community outreach meeting on July 7, 2021 to inform neighbors of the proposed transitional housing facility. The applicant stated that approximately eight (8) neighbors attended the online meeting who had general questions relating to the facility operations and guest policies, with no one expressing opposition to the project. He reported the Planning Commission meeting was held on August 30, 2021 where 50 public pieces of correspondence were received in opposition to the project. He advised thirty six (36) members of the public spoke in opposition of the project at the meeting with six (6) speaking in favor of the project. He reported the basis for opposition includes concerns regarding the change to the character of the neighborhood and over-concentration of these types of uses, impact on property values, potential impact on traffic and noise, and the size and scale of the proposal. He advised the Planning Commission denied the project finding that its operation would cause adverse impacts due to its size and scale.

City Council Minutes of October 26, 2021

Mr. White reported the project applicant submitted a timely letter of appeal. He advised the basis of the appeal was that the Planning Commission’s denial discriminated against individuals with disabilities and violated federal and state law including the Americans with Disabilities Act (ADA) and Housing Accountability Act (HAA) and that there is no substantial evidence to support its actions or findings.

Mr. White advised staff does not believe the action of the Planning Commission denying the project was discriminatory nor that the action was inconsistent with federal or state law, rather that the Planning Commission based their decisions on findings related to the location of the proposed project, the size and scale of the operation within a single-family zone, and potential impacts to the health and safety of Anaheim residents. He reported a community forum hosted by Council Member Moreno was held on October 21, 2021 to discuss the proposal, with over 100 in attendance. He advised City staff provided an overview of the project and the applicant provided an overview of the organization and operation followed by a question and answer period. He noted concerns raised by the public were similar to those expressed at the Planning Commission meeting with particular emphasis on the number of facilities in the Westmont-Colony neighborhood. He advised a draft City Council resolution upholding the decision of the Planning Commission and denying the project is attached to the staff report along with a draft City Council resolution approving the project including conditions of approval limiting the number of participants in the program to 16.

DISCUSSION: Council Member Moreno requested Mr. White provide an overview of the other facilities located in the Westmont-Colony Neighborhood. Mr. White reported other “quasi-residential” land uses in the neighborhood include one (1) traditional housing with CUP, that is another Grandma’s House of Hope facility that serves 32 residents, one (1) verified unlicensed Community Care Facility that serves six (6) residents, and eight (8) potentially unlicensed Sober Living Homes (SLH), Group Homes (GH), or Short-term Rentals (STRs) that serve six (6) residents, and three (3) confirmed STRs whose occupancy number is unknown. He advised the remainder of the State Licensed and Unlicensed facilities serve a maximum of six (6) residents. He noted those that are not running in conformance with State law may have more than six (6) residents but would be running illegally.

In response to Mayor Pro Tem Faessel’s inquiries, Mr. White reported the map presented was what was circulating amongst the community and is not to scale. He advised there are additional facilities on Pearl Street that are not shown on the map, a care facility on Wilshire Avenue, and potentially others in surrounding areas. He advised staff has attempted to map out the entire City but does not yet have it available. He noted some areas have more facilities than others but also noted they are unevenly dispersed throughout the City.

Mayor Sidhu and Council Member Ma’ae reported ex-parte communication with Grandma’s House of Hope. Mayor Pro Tem Faessel and Council Member Valencia reported several conversations with the applicant and neighbors. Council Member Diaz reported having a Zoom meeting with the applicant.

Council Member Moreno reported conversations with the applicant and hundreds of neighbors at the community forum. Council Member O’Neil reported his staff met with the applicant and he was briefed.

Mayor Sidhu opened the public hearing.

Je'net Kreitner, applicant, thanked City Council for the time each Council Member gave her regarding the project. She advised Grandma’s House of Hope has worked very hard to earn the respect and trust it has with the City in the combined goal of addressing the homeless crisis. She advised they run clean effective programs including an after-school program called HopeWorks, which is located at City Council Minutes of October 26, 2021

Lincoln Avenue and Dale Avenue and serves 45 families. She noted they also run a program called Nana’s Kidz that serves hunger issues for children in Anaheim who rely on school cafeterias for their primary source of food. She reported Grandma’s House of Hope was acknowledged as the non-profit of the year in 2017.

Ms. Kreitner reported she was abandoned 28 years ago with her six-year-old son and noted Anaheim helped her get back on her feet, which is why she wants to serve the City. She advised the program being proposed for this location is their premier program that they were asked to design by the Orange County Health Care Agency (HCA) after they had worked with Grandma’s House of Hope on several different contracts. She advised they were subsequently awarded 80% of a $6,000,000 contract, which only has increased because their outcomes are so significant. She reported they have a 65% success rate in moving residents to permanent housing within nine (9) to 18 months. She noted they are one of the leaders in Orange County with that kind of success rate and is noted in the letters received by the Orange County Community Foundation, United Way, the Sisters of Saint Joseph, and the Dayle McIntosh Center.

Ms. Kreitner reported this service is provided at no cost to the City and they chose to deploy the program in the City due to its homeless problem. She noted the homeless crisis is not going away and is only increasing. She advised in 2019, 6,800 people experiencing homelessness were unsheltered and sheltered in Orange County. She noted Anaheim had 1,202 homeless individuals residing in the City in 2019 and the second highest behind Santa Ana. She advised there was a

43.1% increase in the previous point-in-time (PIT) count in 2017. She advised it is important to note that when the possible saturation of this location is discussed, it includes the fact that the City has an increased number of residents experiencing homelessness.

Ms. Kreitner reported the Planning Department’s staff report recommended approval for this project and she hoped the City Council would overturn the decision of the rare 6-0 vote of the Planning Commission from August 30, 2021. She advised Grandma’s House of Hope was not allowed to mitigate any circumstances that the Planning Commission was concerned about. She noted there were no specific findings or new facts that were entered into evidence for consideration. She advised the items cited in the resolution for denial are unsubstantiated and noted they were never offered the opportunity to clarify misstatements or facts, or suggest a mitigating response.

Ms. Kreitner advised Grandma’s House of Hope prides itself on its willingness to work with the Planning Commission, the City Council, and all the good people of Anaheim. She looks forward to continuing the difficult work of serving a hurting community of displaced individuals and assisting the City in caring for its most vulnerable. She referenced the contract they have with the Orange County Health Care Agency, noted they are supervised and audited by HCA, and stated they follow the contract by the letter. She referenced their Good Neighbor Policy that shows what they have promised HCA with its relationship with its neighbors.

Ms. Kreitner advised the first reason for denial states the proposed project would adversely affect the neighborhood due to the magnitude of the proposed project, which includes 21 participants and its proximity to high pedestrian and traffic uses including a public high school, two elementary schools, and being less than half a mile from two public parks. She advised occupancy has been reduced from 21 residents to 16 residents and advised they would be willing to plan deliveries to twice a month to avoid high traffic times. She advised it is a high vehicular traffic area and she did not believe that two (2) additional vehicles and 16 residents would make a huge impact. She advised only two (2) participant vehicles are approved in the program and they must have a documented disability. She noted only one (1) resident is in treatment for chemotherapy, is on a special diet, and receives her City Council Minutes of October 26, 2021

meals via Meal on Wheels daily. She estimates using two (2) to three (3) Ubers per week and would be keeping in alignment with any family of eight or more that moved into that property.

Ms. Kreitner advised the second reason for denial is that granting the CUP would be detrimental to the health and safety of the citizens of the City of Anaheim because the proposed project would adversely affect the existing infrastructure related to the public sewer and water facilities. She advised this has been mitigated by reducing the number of participants from 21 to 16. She advised it is now comparable to their other approved CUPs and noted none of those facilities have ever had a plumbing issue that has ever adversely impacted the neighbors.

Ms. Kreitner advised the third reason for denial is that granting the CUP under the conditions imposed would be detrimental to the health and safety of the citizens of the City of Anaheim because participants would be without care or supervision during the overnight hours. She clarified there are seven (7) staff attached to the project and no more than three (3) would ever be on the property at the same time. She advised there are currently two (2) participants who have approved vehicles on site. She explained the Community Leader is not a participant in the program and provides overnight supervision with on-call managers. She reported this particular Community Leader has been with the program for eight (8) years and has always handled emergencies with great responsiveness and the appropriate level of response. She explained during an emergency the Community Leader would contact emergency services immediately and then contact the staff. She clarified the 20 minutes referred to in the last meeting would be the time it would take for a staff member to leave their home and arrive at the property.

Ms. Kreitner advised homelessness is not a nuisance, it is a tragedy. She advised the only solution is to provide readily available shelter and housing for every single person. She reported Grandma’s House of Hope is providing a service at no cost to the City and is being funded by Orange County Health Care Agency. She advised 74% of program participants have been identified as homeless in Anaheim and noted three (3) assessments are done before they are accepted into the program. She clarified they do not require their participants to take medications as part of their stay but do have an expectation that participants want help and are willing to follow their doctor's advice.

Ms. Kreitner advised they feel the Planning Commission’s denial discriminates against individuals with disabilities and violates state and federal law including the ADA, Housing Accountability Act, California Code of Regulations, and Government Code §8899.5. She noted there is no substantial evidence in the record to support the actions taken and the findings made in the resolution. She advised there is substantial evidence and other facts that negate the findings made in this resolution were valid; they refute the findings that there is no feasible way to avoid the adverse impact to the public health and safety based on the proposal and terms of which they propose to run the project.

Ms. Kreitner presented a video of a resident of the program and noted she is now in permanent housing. She reported Grandma’s House of Hope holds three (3) CUPs in this district. She advised the property on Harbor Boulevard would be eliminated in March, so the number of beds in the district is not being increased but simply being replaced.

City Clerk Theresa Bass reported there are a total of 61 public speakers with 15 in the noticed area and 46 outside the noticed area.

Mayor Sidhu welcomed all public speakers and asked them to be concise in their statements in the spirit of time.

City Council Minutes of October 26, 2021

City Clerk Theresa Bass reported that 58 public comments were received electronically prior to 7:45 P.M. related to Public Hearing Item No. 23. [A final total of 58 public comments were received electronically, distributed to the City Council, and made part of the official record]. – See Appendix.

Debra Trabattoni expressed support for the legitimate concerns that would be heard tonight from her neighbors. She advised her main issue is the oversaturation of her community with businesses that change the nature of the neighborhoods. She advised over 25 homes within a half-mile of this site have been turned into similar businesses. She explained a non-profit is a business that has been granted tax exemption by the Internal Revenue Service (IRS) and noted this CUP is a business model. Ms. Trabattoni reported the applicant operates 10 homes in central Anaheim neighborhoods.

She advised six (6) of those homes have CUPs with over six (6) residents including one around the corner from the proposed site that has 36 residents. She noted the applicant’s 2019 Financial Statements show they generated over $4,000,000 in revenue with $2,000,000 from taxpayers along with salary and benefits totaling $1,500,000. She advised Grandma’s House of Hope’s revenue has grown substantially over the last two (2) years and they recently received a $6,000,000 grant. She reported Ms. Kreitner has stated that the program has not entered Anaheim Hills because it is too far for her employees to travel between sites during the day. She believed this means the homes need to be near each other for the business model to work. Ms. Trabattoni reported Ms. Kreitner often talks about her partnership with the City to help the homeless. She advised it is clear the business model is to buy or lease as many homes in the neighborhood as possible to run the business and they are concerned with the enabling of the business model at residents' expense. She noted compared to nearby cities, Anaheim has done more than its share to help the County’s homeless. She advised Ms. Kreitner obtains many of her residents from the Orange County Health Care Agency. Ms.

Trabattoni advised the City has struggled to manage the six (6) and under unlicensed homes. She reported this situation is different in that the City Council has full discretion over approval or denial of the permit. She noted the impact of this home is far greater due to its sheer size and existing oversaturation of the neighborhood. She advised the Planning Commission was well aware of its options when it unanimously denied the CUP. She acknowledged the adjustments that Ms. Kreitner has made in the name of the facility and the number of residents but believed the Planning Commission’s findings are still appropriate. She urged City Council to deny the permit and adopt the findings in the resolution approved by the Planning Commission. She presented a map of facilities that are within a half-mile of the proposed facility.

Mary Dragieff reported her property abuts the proposed facility. She presented a petition with over 300 signatures in opposition to the project. She advised she has lived on her property for over 42 years and her neighbors are all elderly. She expressed opposition to the project due to the oversaturation of group homes in the immediate area and noted there are over 25 licensed and unlicensed group homes in the area. She described the variety of facilities in the immediate area to highlight the saturation. Ms. Dragieff acknowledged that Grandma’s House of Hope provides service to the City and that Ms. Kreitner reported having contracts with the City but was unable to confirm those facts. She advised many of the answers Ms. Kreitner gave at the meeting on Thursday were vague. She understands a denial by the Planning Commission is very rare. She explained Ms.

Kreitner’s recount of the number of homes her organization manages has varied. She expressed concern that nothing is stopping Ms. Kreitner from increasing the number of residents in the home to 32 like some of the other facilities. She explained this type of business is very lucrative and there are many benefits for a non-profit and is profitable for the homeowner. She acknowledged that it helps the homeless but it negatively affects homeowners’ health and safety. Ms. Dragieff expressed concerns about the 15 residents and the Community Leader overseeing at night. She believed that is a large group of people for one person. She advised they were told the Community Leader position is an entry-level position that would be covering the overnight shift and is now being told it is someone with eight (8) years of experience. She reported the information given by Ms. Kreitner keeps City Council Minutes of October 26, 2021

changing. She advised when there are too many group homes in one area it chips away at the family dynamic of the neighborhood. She noted as these programs grow and obtain additional funding from the State, it helps further their mission and promotes expansion. She expressed opposition to the project and believed it affects not only the safety and the health of the program’s residents but also the neighborhood. She encouraged City Council to deny the CUP and follow the recommendation of the Planning Commission.

Paul Dragieff reported he has lived in his home for 42 years in what he feels is an extraordinary neighborhood. He advised there is an overabundance of group homes in the neighborhood and feels enough is enough. He encouraged City Council and staff to come to the location and view it from their point of view. He thanked Council Members Moreno and Valencia and Mr. White for taking the time to come talk to residents and visit the location. He expressed disappointment that the remainder of the dais did not visit with residents but did meet with Grandma’s House of Hope.

Carolina Garcia thanked Grandma’s House of Hope staff for the hard work they do for the program.

She expressed concern regarding the saturation of group homes in Anaheim. She advised if this were approved, her property would be adjacent to two (2) group homes. She noted the greatest concern is the oversaturation of businesses in the community when it is supposed to be a neighborhood.

Shelly Nichols thanked City Council for listening to residents’ concerns regarding the proposed project. She advised they have lived in the neighborhood for 32 years and noted residents feel unseen and unheard. She expressed support for the great work of Grandma’s House of Hope. She recalled the story of how she was able to purchase the home and the sense of community in the neighborhood. She noted she was offended by the accusations she heard at the Planning Commission that the group in opposition is a dog-whistling community and advised they are not a discriminatory community. She referenced a flyer she received today that lists positive things to say about Grandma’s House of Hope for tonight’s meeting. She advised that in the flyer there is an acronym for BANANA, which stands for Build Absolutely Nothing Anywhere Near Anything. She noted the community is being represented as something they are not and she encouraged City Council to deny the CUP and follow the recommendation from the Planning Commission.

Mike Nichols noted that this comes down to residents’ fears about the residents who would be residing in the proposed facility. He advised there was initially not enough information and communication regarding the project. He believed much of the miscommunication could have been alleviated with direct communication from Grandma’s House of Hope to the neighbors. He expressed concern that the City does not know how many facilities are operating in the City. He advised the City needs to develop more low-income housing to address affordability and help address the City’s homeless issues.

Joanne Kellogg reported she resides less than 200 feet from the proposed project and moved in in 1946. She noted the neighborhood has turned into a wonderful family-oriented community and believes it is one of the best in Anaheim. She thanked City Council for listening to residents’ concerns. She commended the excellent report by the Planning Commission and City staff. She advised she is extremely opposed to the proposed project and believed it would affect the health and safety of the community. She noted the proposed facility is in a high-traffic area and close to two key intersections where hundreds of cars pass daily. She also believed being an older neighborhood, any high-density housing could impact the fragile infrastructure. She expressed concerns about having 15 residents supervised by one supervisor during overnight hours living so close to her home if those residents roamed the neighborhood at night in search of mental or physical support. She believed the lack of supervision would affect the safety of residents. She advised Anaheim is a lively community City Council Minutes of October 26, 2021

that draws families looking for a safe City to raise their children and build their lives. She does not believe her neighborhood is an appropriate location for a group home.

Estela Merkaske reported she moved to the neighborhood 20 years ago. She advised she has witnessed some misbehaviors by residents in older facilities in the area. She echoed the sentiments of her neighbors and encouraged City Council to deny the CUP.

Roberto Esquivel reported he is the owner of the property and built the home in 2009 to raise his family. He advised he has completed $1,000,000 worth of improvements on the property. He reported he is a medical doctor from Mexico and saw many opportunities when he came to the United States in the 1980s. He advised he began to serve the underserved Hispanic communities of Orange County in the area of health care. He believes in values, respecting others, and being prosperous to pass on to his family and the community. He expressed support for the Little Arabia designation and noted all residents are different but their values are the same. He expressed support for Ms. Kreitner and the work that Grandma’s House of Hope is doing and noted these are not the same people that are residing on Skid Row in Los Angeles. Mr. Esquivel reported the house was abandoned when he purchased it in 2009 and he has transformed it into a beautiful home for the neighborhood. He acknowledged he has had family parties at the property but was very respectful when the police showed up to ask that he keep it down. He advised he began his work in healthcare 20 years ago and has other programs that help serve the underserved in the County including those who do not have medical insurance. He noted the healthcare system in the United States is very complicated and bureaucratized and many people are taking advantage. He reported he has another property in Anaheim he has rented to Grandma’s House of Hope and has not had any complaints in the last four (4) years for that property. He understands the concerns of residents but noted the residents are not drug addicts or gang members. He advise the program is focusing on assisting women and noted the other property has been successful. He reported he was approached by a corporation to purchase the property for use as a party location and he turned it down. He noted he has not seen any money from this proposed project. He advised he would respect the decision of the City Council and the will of the neighbors.

Carlos Garcia recognized and acknowledged Council Members Moreno and Valencia and Mr. White for reaching out to the residents and listening to their concerns. He expressed concern the remainder of the dais did not reach out to residents but met with Grandma’s House of Hope. He advised he supports the mission of Grandma’s House of Hope but supports the concerns of the residents of the neighborhood. He reported his property is adjacent and surrounded by the property in question. He noted he often has his grandchildren playing in the back yard and his backdoor is 20 feet from the front door of the property. He noted this would have a direct impact on the lifestyle for his children and grandchildren. He advised the market is already saturated with group homes and hopes the City would have a strong conversation with residents on how to mitigate the saturation. He advised this topic would continue if not addressed. He advised once a group home license is approved for six (6) residents they often increase since they are not being monitored by the City or the State. He reported Grandma’s House of Hope runs a very profitable business although they are labeled a non-profit. He expressed concern for the health and safety of residents given the number of group homes in the area.

Mayor Sidhu clarified the City Clerk needs four (4) hours advance notice to display anything electronically from public speakers.

Kyle Bonenberger expressed pride that Anaheim has been a leader in the community for providing tangible solutions for homelessness. He advised he is a pastor that has worked with many of the homeless population and has worked with Grandma’s House of Hope. He does believe there is an City Council Minutes of October 26, 2021

over-saturation of group homes in Anaheim and encouraged City Council to deny the CUP and uphold the findings of the Planning Commission. He felt there needs to be broader conversations about this issue in the City. He believed it was time for the rest of Orange County to bear the burden that Anaheim is already bearing.

David L. Vandenberg advised when Ms. Kreitner was asked if she was going to construct another building on the property, she advised it was not her intention although she reported tonight she has unlimited funds. Mr. White reported any building would require a building permit but noted none of her requests for permits have ever been denied. He advised when the Planning Commission denied the CUP request she lowered the occupancy count to 16 but noted she could save $50,000 by not having to install fire sprinklers. He believed fire sprinklers are a safety concern and because it is not required in the building code, they would not be installed. He encouraged City Council to deny the CUP and follow the recommendation from the Planning Commission.

David Ponce thanked City Council for listening to the residents and the Anaheim Police Department for protecting the community. He advised he moved to Anaheim seven (7) months ago to start his family and picked the community based on its character. He echoed the concern other public speakers mentioned about the saturation issue. He inquired for clarification if the CUP indicates that the property can only be used by women and inquired what resources residents have to solve potential problems with Grandma’s House of Hope. He noted no one questions helping residents in need but advised he is concerned about the safety and the character of the neighborhood. He encouraged City Council to deny the CUP and follow the recommendation from the Planning Commission.

Lorraine Anton advised she is a third-generation Anaheim resident. She noted this is not just a neighborhood but a family. She expressed support for helping the homeless in Anaheim but agreed that there is a saturation of group homes in the area. She noted that if Grandma’s House of Hope is making so much money, they should build a facility. She advised there have been disturbances at some of the facilities in the area. She expressed concern regarding the health and safety of residents and that it creates an undue impact on the neighborhood.

Joe Mohan thanked City Council for hearing the residents. He advised his home is 100 yards from the property in question and his family has been in Anaheim a long time. He reported the residents of these facilities are not just homeless; they are mentally imbalanced and have been in some form of medical care. He expressed concern that they would be in a house with someone who would be mothering them and does not feel there is appropriate personnel in the facility to assist when there is an occurrence. He reported three (3) weeks ago in Newport Beach there was a problem with a similar facility. He advised in his business there is one (1) supervisor for five (5) well-trained employees. He does not believe one (1) person can be responsible for 15 people in a group home. He advised these facilities are mental institutions being run in single-family homes and encouraged City Council to deny the CUP.

Gena & Joey Vergel de Dios reported she and her family have lived in the neighborhood for over 20 years. She advised the neighborhood is clean and safe. She expressed concern regarding the CUP for the proposed facility and noted children in the neighborhood walk every day to and from school.

She noted approval of this CUP would put the health and safety of the children in the area at risk.

She believed an incident at one of these facilities could be fatal and would put the City in jeopardy.

She encouraged the City Council to deny the CUP and noted the 500 residents in District 3 would remember the City Council’s support.

City Council Minutes of October 26, 2021

Mike Robbins noted the concerns of residents regarding this project are the same concerns residents had when the City Council voted for Short-Term Rentals (STRs). He advised none of the STRs save lives. He noted the Homeless People’s Task Force is in support of the CUP. He advised 16 lives can be saved every year by the City Council providing approval of the CUP. He advised this is a small measure of help and encouraged the residents to not be afraid.

Jeanine Robbins reported she and her husband are founders of the Homeless People’s Task Force and Housing as a Human Right Orange County. She noted people battling for housing the homeless and people battling against housing for the homeless have become the new norm in Anaheim. She advised the dynamic of neighborhoods has already changed with STRs and noted there are 12 in her neighborhood. She noted the dynamic would further change with the passage of Senate Bill (SB) 9 and SB 10 and encouraged the neighborhood to embrace Grandma’s House of Hope over what could happen under those laws. She noted neighborhoods simply do not want to support homeless women and this highly successful program. She advised these are the same people that complain about the homeless on West Street and at Pearson Park and noted the City has no affordable housing mandate or rent control so people live on the streets. She encouraged residents to be more concerned about Megan’s Law in their neighborhoods. She encouraged City Council to approve the CUP to save lives.

Victoria Michaels noted the constituents have been speaking and inquired if City Council was listening. She advised the CUP was denied by the Planning Commission, which was appealed by Ms.

Kreitner. She noted the entire City Council was invited to meet with residents and only Council Members Moreno and Valencia met with them but the remainder of the dais met with Ms. Kreitner.

She encouraged City Council to listen to residents.

Dave Ramos advised his only investment is his home and expressed concern for the quality of his neighborhood. He reported a sober living home moved next to his home 10 years ago, and he’s found needles in his front yard since then. He encouraged the City Council to stop the saturation of group homes in his neighborhood and deny the CUP.

Johnny Ramos noted his father worked his entire life for his home. He believed this project is a housing experiment and advised these facilities keep moving into their neighborhood. He expressed concern for all the children who do not have a voice in this argument. He noted a child molester moved next door in the halfway house, a neighbor had their catalytic convertor stolen, and one (1) neighbor had their vehicle stolen. He encouraged City Council to deny the CUP.

Anthony T. (Tom) Caso, St. Boniface Catholic Church Deacon, reported he has worked with several homeless facilities. He recalled success stories from Grandma’s House of Hope. He noted most residents do not want to see the homeless but want to see the homeless taken care of. He advised this program helps the homeless dream and realize their hopes. He noted Grandma’s House of Hope is a good neighbor and doing God’s work.

Terri Garry reported she moved to Anaheim 19 years ago and met every neighbor in the neighborhood. She noted her community has become very united during the pandemic. She expressed appreciation for the City Council’s time. She advised other cities and communities know that Anaheim will provide services for the homeless so churches and organizations will refer the homeless to the City. She encouraged City Council to make the right decision.

Crystal Street reported she is a Case Manager at Grandma’s House of Hope. She advised she is a former participant of this amazing program and noted her son also stayed with her while she was in the program. She advised he was a straight-A student and the captain of the baseball and basketball team while going through the program. She noted it created a character and passion in him that City Council Minutes of October 26, 2021

taught him to be of service. She advised the participants have a greater chance of being impacted by the neighbors than vice versa. She encouraged residents to not pass judgment on the program participants. She believes in everything the program does for the community.

Henry Taylor expressed support for Grandma’s House of Hope and noted he is the first graduation from the men’s program in 2017. He advised he had just completed one (1) year in a mental facility and was homeless and had the opportunity to participate in Grandpa’s House of Hope. He explained he was there for six (6) months, participated in the program, and learned how to love people again.

He noted he learned the skills to be a productive person in society. He reported he was also a Community Leader in the program.

Jane Gibbons reported she is a retired registered nurse and understands the program's participants' needs. She advised the issue is where the homeless should be taken care of and believed this is the wrong location. She advised Ms. Kreitner made it clear in the original application that approval for less than 20 residents was not possible due to the Bridges contract. She advised they indicated installing fire sprinklers was not an issue with the homeowner and downplayed the impact of their staffing needs on traffic. She advised Ms. Kreitner submitted a new operations agreement meant to fix their issues but noted it is another attempt to downplay and minimize the impact by being more opaque and obtuse. She noted Ms. Kreitner was quoted in the Orange County Register as never having been denied a CUP and was shocked by the decision of the Planning Commission. She noted the difference between this application and the others was they were specific about the population being served. She advised the previous application described residents as having a severe and persistent mental illness and are described in the new application as a mental health disability. She explained that by dropping their staffing numbers and number of residents they are trying to win over City Council and get the CUP approved. She noted a volunteer therapist providing two (2) hours of services per week for 15 residents equates to eight (8) minutes of therapy time per individual per week. Ms. Gibbons reported that RS-1 single-family zones intend to provide an attractive, safe, and healthy environment for single-family dwelling units. She advised the sewer in the City has reached capacity in some areas and the sewer system is not capable of handling multiple homes of this type packed full of residents and staff causing a burden on the infrastructure. She advised the neighborhood is saturated with group homes both small and large. She explained the City Council has a responsibility to all residents and until all infrastructure issues are identified and corrected it is arguably irresponsible to approve CUPs that place a strain on an older and burdened system.

Jackie Garibay thanked Council Members Moreno and Valencia for responding to her email today and for Mayor Pro Tem Faessel for responding to her emails in the past. She reported she has been a resident for 12 years and has lived in her home for 3.5 years. She advised she can hear all of the conversations going on at the adjacent halfway home and smells the cigarette smoke from her property. She expressed concern for the saturation of group homes in her area. She encouraged City Council to find Grandma’s House of Hope a facility where there are plenty of stores, services, and public transportation. She encouraged the City Council to deny the CUP.

Ken Vargha reported he has been a resident of Anaheim since 2011. He advised projects from non- profits such as Grandma’s House of Hope are needed to help address the homelessness crisis facing the City and provide the hope and path forward needed. He reported he and his family have been trying to support those struggling with homelessness since they moved back to California in 2009 through volunteerism and financial support. He noted he has experienced the impact of mental health challenges within his family. He explained the twin challenges of mental health and homelessness are complex and those impacted benefit immensely by trained support and supportive housing being considered in the proposed project. He advised the proposed project encompasses the key aspects of providing a safe supportive environment for this vulnerable population struggling with City Council Minutes of October 26, 2021

homelessness and mental health challenges. He reported Grandma’s House of Hope has a long positive track record in the community that should be acknowledged and rewarded accordingly. He advised Grandma’s House of Hope has an excellent reputation shown by the trust given to it by multiple agencies for their successful quality model. He shared his recent experiences in working in San Francisco and his engagements with the homeless and noted they are human beings who deserve dignity and are worthy of the residents’ love and care. He encouraged City Council to approve the CUP.

Mark McKinley noted that one of the points in the appeal was that by denying the CUP the City was discriminating against Americans with Disabilities. He does not see how the City could be discriminating against Americans with Disabilities given how many facilities there are in the area. He expressed concern regarding the saturation of group homes in the area.

Wes Jones reported he is a member of Anaheim’s People’s Homeless Task Force and noted he lives close to the proposed facility. He advised there is a tremendous need for more facilities to serve more homeless residents but acknowledged there is also saturation of group homes. He advised these types of facilities are generally well-run. He noted years ago when he was actively participating in feeding residents, Grandma’s House of Hope did not have a good reputation and inquired about a monitoring program for non-profits.

Taylor Montano, Director of Housing, Grandma’s House of Hope, reported she has provided much detail about the program at the various community meetings and at the Planning Commission meeting. She hopes that those who have been willing to listen can see they are an excellent provider because they do run a program that works. She noted the efficacy of the program is not up for debate as it works and they have a proven track record. She advised the program has been working successfully for the last 17 years. She does not feel there would be an impact on the infrastructure given the decrease in participant size and advised they have comparable programs running in smaller homes without issue. She encouraged residents to not draw the line with a program that works and feels residents would be in opposition even if they were the only program on the block, which is discriminatory. She encouraged City Council to look at the root causes of why residents are opposed to this project.

David Duran advised it sounds like a NIMBY (not in my backyard) convention frosted over with care.

He called for a moment of silence for the voices of the women who may potentially be served in the program and do not have an opportunity to speak tonight. He encouraged City Council to have humanity or otherwise resign. He advised there would be recourse should Grandma’s House of Hope fail. He reported most of the crime in the area does not come from these facilities but comes from those living in homes. He predicted City Council would deny the CUP.

Steffani Maletta read a testimonial from one of the participants of Grandma’s House of Hope and detailed her success story.

Angela Garner, Program Manager, Grandma’s House of Hope, advised she would be one of the Program Managers who would be working with the residents who would be moving into the proposed project. She noted the rude comments about the program participants are not needed. She advised the participant highlighted in the video is a lovely person and a successful graduate of the program.

She noted these 16 ladies deserve to live a full and abundant life as everyone else does. She would like to see the CUP approved and understands the concerns of residents. She advised homelessness is a human race issue and one that must be solved together.

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Tobi Aclaro reported she lived in Anaheim for 20 years and advised she has been with Grandma’s House of Hope for nine (9) years. She advised she has visited all of the homes and noted the caliber of the team, the work, and the need to address homelessness is critical. She acknowledged the concerns of residents regarding oversaturation but noted the needs of homelessness need to be addressed in some fashion. She cannot imagine this property being put to better use than the program being proposed here. She noted the participants would be between 40 and 70 years old and would not live a party lifestyle. She explained the role of Community Leader is one that is with the participants and noted they have deep training because it is the most important role in the program.

She spoke on behalf of one of the partners that works with the residents who noted the caliber of Grandma’s House of Hope and advised he has a brother who is mentally ill and hopes he is placed in the program.

June Jackson reported she is a resident for five (5) years and submitted a letter of support for the proposed project. She noted the Planning Commission department’s staff report initially recommended approving the project but later found out there was opposition, which resulted in the denial. She advised Grandma’s House of Hope has done great work within the community and has resulted in several contracts. She noted their proven success record shows that 65% of their participants move on to permanent housing, which is the highest in the country. She reported there is a lot of misinformation and stigma surrounding mental illnesses although Grandma’s House of Hope is quite experienced in dealing with this population and should be commended for the great work they are doing in the community. She advised the opposition stating they do not want “these people” in their neighborhoods amounts to housing discrimination. She noted the denial by the Planning Commission is a red flag and she believed something bigger was taking place. She encouraged City Council to approve the CUP.

Rebecca Kouac-Stein, Orange County Poverty Alleviation Coalition, reported she has worked directly with the homeless and encouraged City Council to listen to staff and support the project. She reported Anaheim has a population of 395,000 and has funding for homeless services. She thanked Ms. Kreitner for dedicating her life to providing much-needed services and saving lives. She noted she hears a lot of Nimbyism in these meetings and encouraged residents to support the program.

Lee Proimos thanked City Council for the chance to speak and reported he is a member of the Board of Grandma’s House of Hope. He advised when he learned about the issue he toured the program's homes and spoke to program participants. He noted the homes are well managed and would be proud to have them as neighbors. He refuted that Grandma’s House of Hope has unlimited funding or is a highly-profitable business and noted they operate within their limits. He pointed out financial forecasts can be positive or negative for any given year. He referenced a letter from a local law enforcement agency that stated it is far more dangerous for the homeless to remain homeless and or unhoused than to be housed. He read letters from United Way and the Orange County Community Foundation in support of the CUP and Grandma’s House of Hope.

Pat Pebley reported there have been a lot of encroachments on the City Council's ability to act in support of single-family homes including recent state laws. She noted this is a business and, while providing a good service, should not be operating in a residential area. She advised the City has spent millions of dollars supporting the homeless and providing shelters. She expressed opposition to the project because it is an apartment-sized business and noted it does not belong in this neighborhood. She believed this would affect the mental health of residents and noted taxpayers want the rights of the neighborhood supported.

Cheryl Pebley reported she has lived in the neighborhood for 42 years and expressed opposition to the CUP. She advised the neighborhood is saturated with group homes and noted these businesses City Council Minutes of October 26, 2021

have taken away the amount of single-family homes in the neighborhood. She encouraged City Council to put laws and amendments in place to limit these types of facilities in residential neighborhoods and noted it is important for the City to know how many of these facilities are in operation. She encouraged City Council to deny the CUP.

Pat Kreitner reported he rescued Ms. Kreitner and her son off the street and since that time homeless outreach has become their priority. He advised it is a misnomer to say this is a highly profitable business and noted he gave up his home to shelter the homeless. He reported the homeless are also residents of Anaheim and should be afforded the same protections as those in the neighborhoods.

He reported Grandma’s House of Hope has run for years without incident and the residents’ concerns are unfounded. He noted this program is for women 40 to 70 years old. He advised the City does not have a true idea of how many group homes are in operation so it cannot provide an accurate count of facilities and therefore cannot determine saturation. He inquired if those on the dais who did not speak with the residents outright refused to speak to them or simply did not reply. He noted this is about helping as many residents in the City as possible.

Antonia Lipovac reported her home is one (1) block away from the proposed facility. She advised she has to walk by three (3) other facilities when she walks to her Grandmother’s house a half-mile away and is acutely aware of their presence. She noted the individuals in favor of this project are from outside the Anaheim community. She noted the owner of the home views this as an opportunity to line his own pockets. She believed other areas of Anaheim need to take on the group home burden.

She noted she had already witnessed people walking around her neighborhood yelling profanities.

She believed an increase in these facilities would cause the community to crumble. She believed the traffic caused by this project has been grossly understated. She noted this problem already exists in Anaheim’s backyard and is far from a NIMBY argument. She reminded City Council to think of the 45% of the participants this program does not work for and vote to deny the CUP.

Sameer Khan expressed support for Grandma’s House of Hope and encouraged City Council to approve the CUP. He expressed concern for those living with homelessness and mental health disabilities and believed the program would help the homeless problem experienced by the City. He advised these people want help and referenced an earlier speaker who was a successful product of the program. He expressed disbelief that the program was denied by the Planning Commission after being recommended by their staff report. He believed Grandma’s House of Hope has made adjustments to mitigate the concerns of residents and the Planning Commission. He encouraged City Council to support their efforts.

Cameron Dekens expressed support for Grandma’s House of Hope and noted they are a well- established non-profit that has been providing transitional housing for those with diagnosed mental illness for 17 years. He advised he has listened to the concerns of the neighbors but believed they have mischaracterized Grandma’s House of Hope as the very problem they are trying to solve. He explained this is a voluntary housing option for women who have already been diagnosed and have a treatment plan from the Orange County Health Care Agency. He noted unhoused conditions for these women are terrible and degrading and without housing, they cannot have the stability, safety, or peace of mind necessary for a mental health treatment plan. He advised Grandma’s House of Hope has a proven track record of decreasing homelessness and he encouraged City Council and residents to support the project.

James Horan expressed opposition to the project and encouraged City Council to deny the CUP. He advised the facility on Pearl Street that was approved now has increased drug usage, graffiti, homeless, homeless having sex in their cars, needles, condoms, and broken liquor bottles which are the exact things they were promised were not going to happen because it would be such a well- City Council Minutes of October 26, 2021

maintained and supervised transitional living home. He advised residents in the area have done their share and noted the area is oversaturated with group homes. He reported it is long past time that these programs stop being placed in the Westmont neighborhood. He encouraged City Council to stop the madness and allow the neighborhood to live in peace.

Al Jabbar, Trustee for Anaheim-Union High School District, noted that Grandma’s House of Hope does great work but believed this was coming down to the straw that broke the camel’s back and advised the community has seen the brunt of the group homes in the neighborhood. He expressed the same concerns as his neighbors but also believed there needed to be balance by preserving the integrity of the neighborhoods. He advised residents may not be able to obtain their return on their home investment if they live close to one of these facilities. He noted that as a Trustee he is concerned that the homes would not be available for families and children to live in them and go to a local school. He noted this denies the local school district attendance and asked that it be taken into consideration. He encouraged City Council to deny the CUP.

Linda Martinez expressed opposition to the project and encouraged City Council to deny the CUP.

She was in favor of helping residents in need but expressed concern about the safety of her children in the area and does not allow her children to ride their bikes on Pearl Street. She expressed concern regarding the saturation of group homes in her neighborhood and encouraged City Council to find different locations for these facilities.

Kenneth Batiste advised the issue is maintaining the status of a neighborhood. He did not believe the community was as concerned with the 16 women living in the facility as they were about losing their neighborhood. He believed this should be about balance and encouraged City Council to continue the item so it could review how many actual group homes are in Anaheim and where they are located across the whole city. He believed the entire City should share the burden of homelessness and noted he did not want an Orange County Skid Row. He encouraged City Council to join the Santa Ana City Council in suing the Orange County Board of Supervisors for not dealing with the homeless situation.

Steve Savran, Program Manager, Grandma’s House of Hope, reported he has lived in Anaheim for 17 years. He read a testimonial from one of the program’s participants. He reported he works for the men’s program and referenced an earlier speaker who is a success story of the program. He noted he enjoys seeing participants going from homelessness to self-sufficiency.

Ruth reported she is an Anaheim resident and works with individuals with mental health disabilities and in crisis for over seven years. She expressed concern about how this population in question has been vilified and stigmatized. She expressed disbelief that residents can both oppose the program and have concerns about the community. She noted programs such as Grandma’s House of Hope repair the community and make the streets and communities safer. She advised the program has the backing of Orange County Health Care Agency and prioritizes Anaheim residents. She believed Anaheim was on its way to becoming Orange County’s Skid Row and that trajectory would continue if the City Council continues to oppose these programs. She encouraged everyone to think about Anaheim’s future.

Mitch Cherness reported he has been in the field of substance abuse and mental health for almost 50 years. He advised he is the architect of the programs that Grandma’s House of Hope is following and noted he was an administrator for Orange County working in housing, mental health, and substance abuse. He expressed support for the program and noted 78% of the people who have gone through the program are linked to Anaheim in some way. He expressed concern regarding the misinformation that is circulating and believed many people signed the petition based on this misinformation. He City Council Minutes of October 26, 2021

advised the program tries to accommodate the needs of the community and the needs of the program and noted they are trying to create a home, not a business.

Arturo Contreras reported he has worked in healthcare for the last 29 years and is a 19 year resident of Anaheim. He reported he works in a lot of these homes and noted he has worked on Skid Row and various facilities to help the homeless. He advised residents of these programs have the right to not take their medication and that unfortunately leads to health care workers not being able to control them. He encouraged City Council to deny the CUP and encouraged City Council to look at other programs that offer similar services to residents that are not at full capacity. He noted this neighborhood is for single-family homes and not for group homes.

Cory Street reported he is an Anaheim resident and thanked Ms. Kreitner for her work. He advised he would be on the streets or dead if it were not for a program like Grandma’s House of Hope. He noted he has heard both sides of the argument but explained that the California Legislature has declared that the opportunity to seek, obtain, and hold housing without unlawful discrimination is a civil right.

He also advised it is unlawful to discriminate against those with disabilities and noted addiction is a mental disease defined by the psychiatric community as a mental illness. He noted those in opposition are discriminating against those with mental illness. He advised Ms. Kreitner is giving help to those in need, unlike the residents who are opposed to the project. He noted these people have the right to life, liberty, and the pursuit of happiness.

Danny Allen expressed opposition to the CUP, noted he is a 26-year Anaheim resident, and noted his backyard is one house away from this property. He advised the City has insufficient CUP notification requirements and they need to be addressed. He recommended certified mail, a wider notification area, and full-time monitoring of CUPs. He reported Grandma’s House of Hope has a property on 928 West North Street with 36 placement spots with 32 current placements. He advised no one from the City checks or knows if Grandma’s House of Hope complies with its other CUPs. He noted the organization is not based in Anaheim nor does the CEO live in Anaheim. He inquired what would stop this facility from being converted into a men’s home in the future. He reported a friend of his wife was physically assaulted by a man in Whitter four (4) to five (5) days after his placement in a transitional living home and has since moved out of state. He noted six (6) residents with one (1) supervisor seems more appropriate than what is being proposed. He believed a business such as this belongs in a business community. He encouraged the City to place a moratorium on CUPs until there is a plan to manage them properly and to band together with other cities to legally stand up for residents’ property rights. He noted his area is so saturated with group homes he would not purchase his home again under these conditions. He urged City Council to deny the CUP.

Paul Kott expressed opposition to the CUP and noted this is the right mission in the wrong location.

He advised of Orange County’s 34 cities, Anaheim has done the most for the homeless population.

He applauded Grandma’s House of Hope for their mission but in this process, it has become abundantly clear that this mission is a business whose headquarters are in Santa Ana, whose owners live in Garden Grove, and whose customers come from all over California. He recalled being called a NIMBY by Mr. Kreitner who stated this is a normal reaction for residents who are not used to having this type of use in their neighborhoods. He advised there is an over-saturation of group homes in their neighborhood and noted Grandma’s House of Hope only wants to work with the community if they get their way. He advised he was told by the Planning Commission there is nothing the City can do if the group homes are regulated by the State and the resident count is six (6) or under. He encouraged City Council to deny the CUP and support the recommendation of the Planning Commission.

Ms. Kreitner expressed concern that their non-profit is making a profit when the definition of a non- profit is not to profit. She reported the $690,000 in excess is an asset and not cash and does not go City Council Minutes of October 26, 2021

into any investor’s pocket. She advised they fight every year for every dollar they receive for the program. She noted the people who spoke in favor of the program are staff members who are not being paid to speak tonight and here because they care.

Ms. Kreitner advised when the hours she works are taken into consideration with the hours that are taken away from her family to run the organization she makes under $40 per hour and noted she is not getting rich from this program. She advised the purpose of the program is to serve people in need and noted Anaheim needs their help. She reported they are endorsed by the Orange County United Way, the Orange County Community Foundation, the Sisters of Saint Joseph Foundation, and Dayle McIntosh Center. She noted organizations do not get there if they are running a bad program or doing things on the sly. She advised she is helping Anaheim like it helped her and people who were in a similar position that she was in years ago. She noted that many people do not have a family to help pick them back up when they fall on bad times.

Ms. Kreitner advised Grandma’s House of Hope is here to help Anaheim address the issue of homelessness and noted there is a large community of homeless in the City. She noted they have grown their programs to try and help the City and expressed sadness to be losing one of its properties in March 2022. She advised she has had no indication that property values of homes have been impacted by being next to one of their programs. She reported she does not see this as a business but sees it as a retreat and noted the name of this property would be called Clara’s Retreat.

She noted there are no code enforcement issues because they do not have issues on their properties. She advised the 15 calls for police were at their administrative offices in Santa Ana with 20 other non-profits and not a location where people are served. She believed the facts are being twisted to make it seem that they are an unsafe environment for the neighbors. She noted Grandma’s House of Hope is holding the fabric of the community together and noted they are passionate about it.

Ms. Kreitner advised she was happy to see Mayor Sidhu involved in the Buena Esperanza program.

She read a press release from its opening where Mayor Sidhu stated that Anaheim and its partners are leading the way in addressing homelessness with a groundbreaking response to the homeless crisis. She encouraged Mayor Sidhu to not stop now and noted this is what Grandma’s House of Hope does well. She thanked City Council for listening.

Mayor Sidhu closed the public hearing.

DISCUSSION: City Attorney Robert Fabela restated some of the legal matters in the proceedings. He advised the matter before the City Council is an application for a transitional housing facility and under state law is required to consider the proposed use to be residential use. He advised some of the comments heard suggested City Council should base their decision on the individuals residing at the facility and their disabilities. He advised City Council could not base a decision to deny this application on the class of individuals residing at the facility or their disabilities. However, he advised if City Council believes there are severe adverse impacts to the public health and safety based on objective written standards and these impacts cannot be mitigated immediately, then City Council could adopt written findings denying the project.

Mayor Sidhu thanked Grandma’s House of Hope for their partnership with the City. He noted they helped lead the City out of homelessness and support others as they work to improve their lives. He thanked the residents for their involvement in this issue and noted it is an important part of the local democracy. He advised the City needs stable and supportive housing for residents facing personal challenges and has a responsibility to neighborhoods to make sure decisions are responsible and balanced. He reported Anaheim has stepped up more than any city with more than 100 community City Council Minutes of October 26, 2021

care facilities in the City. He advised there are many examples of Grandma’s House of Hope being a good neighbor while helping those in need. He noted the issue is concentration and neighborhood balance. He advised concern was expressed from many who spoke this evening and if this were the first, second, or third facility in the neighborhood they may not even be having this discussion. He reported there are 15 group homes in this neighborhood and noted it is not unreasonable to pause on the group home process. He reported he is inclined to uphold the Planning Commission’s decision.

He advised this is an evolving landscape and the State is playing a larger role in how housing is regulated in cities. He believed upholding the Planning Commission’s decision was reasonable.

MOTION: Mayor Sidhu moved to approve RESOLUTION NO. 2021-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying Conditional Use Permit No. 2021- 06106, and making certain findings in connection therewith (DEV2021-00122) (626 North West Street & 945 West Pioneer Drive), seconded by Council Member O’Neil.

DISCUSSION: Council Member Valencia thanked Ms. Kreitner for her presentation.

In response to Council Member Valencia’s inquiry, Ms. Kreitner reported addresses that were within 500 feet of the property were noticed. She advised they provided a letter inviting them to a Zoom neighborhood meeting with the first one at the end of June and noted there were approximately eight (8) people in attendance. She advised the meeting was non-confrontational. She reported letters were sent out to the noticed area again after the appeal and the community meeting was held two (2) days before Council Member Moreno’s community forum and she advised four (4) people attended.

She advised she attended Council Member Moreno’s community forum and answered residents’ questions. She explained they used their letterhead and envelopes when they mailed the notices so it came from Grandma’s House of Hope. She recommended the City provide guidance for the official mailing and for what should be placed on the outside of the envelope to inform residents that it is official business.

In response to Council Member Valencia’s inquiries, Ms. Kreitner reported Grandma’s House of Hope operates in Anaheim and Garden Grove and currently holds six (6) CUPs. She reported there are 11 facilities in Anaheim and one in Garden Grove. She reported their staffing model is built around keeping the facilities in one general area. She advised 72% of the program participants are coming from Anaheim.

Council Member Valencia thanked residents for coming out and expressing their perspectives on the proposed project. He advised a land-use decision by the City was his first exposure to civic engagement and impacted the quality of life for his family and his neighbors. He believed City Council is charged with safeguarding and improving the quality of life for its neighborhoods.

Council Member Valencia presented the Quasi-Residential Land Uses map and noted the City has been a County leader in providing supportive services to those in need. He did not believe that residential neighborhoods should be where businesses set up shop and believed there needed to be an equitable distribution of these facilities throughout the City and County. He advised that the majority of these facilities that the City is aware of are located west of the 57 Freeway. He noted due to the disclosures that are in place, this is what the City is aware of in Anaheim. He explained it is concerning to see a high concentration of Quasi-Residential properties in this neighborhood and across Anaheim’s flatlands. He believed the oversaturation needs balance and expressed support for the recommendation of the Planning Commission to deny the CUP.

Council Member O’Neil advised residents live in a state where local control of land-use decisions is steadily eroding through acts of the State Legislature and Governor. He reported SB 9 allows for lot City Council Minutes of October 26, 2021

splits of existing single-family parcels and construction by right of up to six (6) housing units where there is now only one (1) and noted the City has narrow ability to deny those types of projects. He advised the City submitted its Draft Housing Element to the Housing and Community Development Department (HCD) where the City was required to zone for approximately 17,450 new housing units.

He reported every city in California was mandated to rezone for additional housing units and noted Orange County received a disproportionately large share of Southern California’s required units which is why he led the effort of the Orange County Council of Governments to push back against the state and take legal action against HCD. He advised that action is pending its first hearing in November. He explained the State allows the Quasi-Residential uses that the City has little control over. He noted the City is tasked with balancing State mandates versus what is right for the community. He advised the City has discretion with this CUP. He noted there is no question that Grandma’s House of Hope does great work and has been an excellent community partner but he could not ignore the overconcentration of other non-residential business uses already in the neighborhood and must agree with the Planning Commission’s findings.

Council Member O’Neil reported back in April, Grandma’s House of Hope came before the City Council with another property on Olmstead Way where there was also a large concentration of group homes but noted the CUP was approved. He advised following the approval he asked for a future agenda item to address the issue of concentration and saturation where the City had the authority to do so. He explained in the interim, HCD issued the City a warning that components of its existing sober living ordinance may already be violating State law so work was paused. He advised there has been a favorable court ruling recently in another city involving their sober living ordinance that may open the door again for discussion. He believed this needs to be revisited and urged staff to continue the work to bring the item back to City Council to address the issue.

Council Member Moreno requested Ms. Nichols make additional comments and explained public hearings allow for residents in the noticed area to make additional comments when requested.

Ms. Nichols apologized for commenting out of order earlier and appearing disrespectful and noted she intended to clarify. She explained that she did not receive any outreach information and many of the neighbors did not receive the notifications from Grandma’s House of Hope. She advised one (1) person on a street behind her received the notification. She reported after the appeal, residents reached out to Council Member Moreno and included Grandma’s House of Hope because they had heard from their senior citizen community that they were not being included and wanted to be informed. She noted there were only four (4) people at the second Zoom meeting because residents were not informed not because residents were not interested.

Council Member Moreno advised there is a consistent theme from residents that they are not noticed about important civic action and noted it puts the City Council in an awkward position because they cannot immerse themselves in an application of this nature while it is being considered by the Planning Commission because residents can then challenge a City Council decision and ask the Council Member to recuse themselves if they get involved too early. He requested staff review how the City can be assured that residents in the noticed area are receiving notifications.

Council Member Moreno advised he has supported Grandma’s House of Hope’s mission and their work and believed it was important that residents recognize that this is a problem that is building. He advised the State has mandated additional housing units be built and noted the area around Westmont has overcrowded apartment units and overcrowded multi-generational homes because the City does not have an affordable housing policy. He reported the City has produced three times the amount of above-moderate housing units that the City needs when the City needs more low-income housing units. He advised three (3) out of four (4) people in homelessness are due to economic City Council Minutes of October 26, 2021

matters and not to mental health issues. He encouraged residents to get the State to hold the City accountable for low-income housing.

Council Member Moreno reported he visited the property last fall and he urged her to have community meetings first to obtain the tenor of the community. He advised he loves the mission, is concerned at Ms. Kreitner’s surprise at the resistance, and noted the residents are feeling overrun by these types of facilities.

Ms. Kreitner inquired why the City was not dealing with the bad actors in the neighborhoods instead of denying this CUP. Council Member Moreno explained the City does not budget enough Code Enforcement to respond in a timely fashion to complaints and they have to catch the bad actors in the act. He advised the other reason is that there is oversaturation and not enough Code Enforcement to deal with the issues. He believed that perhaps the neighborhood would be more open once Code Enforcement could engage the bad actors so its group homes and neighborhoods can be balanced again.

Council Member Moreno addressed the residents in attendance and noted they were interrupting and not giving speakers the attention they deserved and came off as rude. He advised that was not neighborly. He encouraged neighbors to notify City staff of group homes that are operating illegally.

He advised he could not support the CUP this evening as presented and would support the recommendation of the Planning Commission.

Council Member Ma’ae clarified she was in contact with some of the community members and did have an appointment set up to come to the property next door and was unable to attend due to a family emergency. She reported she would be voting to support the recommendation of the Planning Commission and deny the CUP.

Mayor Pro Tem Faessel reported he met with one (1) community leader and one (1) neighborhood leader and noted he knows the neighborhood very well. He thanked Ms. Kreitner for her work and noted she is the best the City has. He advised Ms. Kreitner has worked with several communities to quell residents’ fears and the projects were approved and successful. He noted Grandma’s House of Hope is the gold standard and has been endorsed by many well-respected organizations. He believed in this case, there are other providers, including one of Grandma’s House of Hope, in the immediate vicinity. He hoped she would continue to provide services in Anaheim and bring more good projects to the City.

Mayor Pro Tem Faessel explained the City does not have a full map of the facilities because the State of California does not inform the City and the City cannot ask for a list of facilities with six (6) or fewer residents. He noted the City is typically notified by the neighbors or Code Enforcement. He advised City Council tried to create an ordinance to manage these facilities and it turns out it might not be allowed by the State. He advised he cannot support the project based on the intensity, size, and scale. He encouraged Ms. Kreitner to rethink this project. He reported there are a few real estate agents in the room and encouraged them to work together to find facilities in the City that would be more appropriate.

Council Member Diaz advised he would be supporting the recommendation of the Planning Commission to deny the CUP. He expressed sadness because he was hoping to find a way to support the project. He noted these residents are not NIMBYs and want to be heard. He expressed support for the work of Grandma’s House of Hope.

City Council Minutes of October 26, 2021

Council Member Moreno thanked Mr. Garcia for the map he provided but noted that his passion may have gone over the top. He hoped residents would take the time to speak to Ms. Kreitner to better understand the work of Grandma’s House of Hope and its mission.

Mr. Fabela clarified the motion on the table is to adopt the resolution denying the Conditional Use Permit based on another finding of overconcentration and noted the final resolution would be approved as is, but would also include another finding that would be reflective of the administrative record on that issue.

MOTION: Mayor Sidhu moved to approve RESOLUTION NO. 2021-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying Conditional Use Permit No. 2021- 06106, and making certain findings in connection therewith (DEV2021-00122) (626 North West Street & 945 West Pioneer Drive), seconded by Council Member O’Neil. ROLL CALL VOTE: AYES – 7 (Mayor Sidhu and Council Members Faessel, Diaz, Ma’ae, Moreno, Valencia, O’Neil); NOES – 0.

Motion carried.

END OF CONSENT CALENDAR:

City Manager Jim Vanderpool advised he conferred with relevant department heads who agreed the five items pulled from the Consent Calendar could be continued to the next meeting of the City Council.

4. Authorize an honorary sign near Maxwell Park to honor Anaheim resident, Esther Wallace (in the drive alley on Orange Street on the east side of the driveway into Maxwell Park).

6. Determine, on the basis of the evidence submitted by KNT I Enterprises, LLC that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2019-00001 for the 2021 review period for the 1600 West Lincoln Avenue mixed-use project (Mills Ford Site).

14. Approve the Final Map and Subdivision Agreement with AG Essential Housing CA 3, L.P. for Tract No. 19017 located at 1621-1699 Lincoln Avenue, to establish a one lot subdivision for condominium purposes to construct 115 attached, single family condominium units.

18. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an Owner Participation Agreement, substantially in the form attached, by and between the City of Anaheim and Lab Holding, LLC; authorizing the City Manager to finalize such Owner Participation Agreement; authorizing the City Manager to implement such Owner Participation Agreement; and making certain other findings in connection therewith [development of property located at 275 and 375 Santa Ana Street, Project Site No. 2, The Lumberyard].

Approve a First Amendment to Disposition and Development Agreement with LAB Holding, LLC; authorize the City Manager to execute and administer the First Amendment to the Disposition and Development Agreement and make certain other findings in connection therewith.

20. ORDINANCE NO. (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. 2020-00331) (DEV2019-00013) (removing the Mobile City Council Minutes of October 26, 2021

Home Park (MHP) Overlay Zone from the project site) (156 unit single-family residential project located at 200 West Midway Drive).

Determine that a streamlined review pursuant to Section 15183.3 (Streamlining for Infill Projects) of the California Environmental Quality Act (CEQA) Guidelines is the appropriate environmental review for this request under CEQA; and, that the proposed Reclassification No. 2020-00331 would not have any significant effects on the environment that either have not already been analyzed in prior environmental impact reports or that are more significant than previously analyzed, or that uniformly applicable development policies would not substantially mitigate.

At 12:46 A.M. on October 27, 2021, without objection, Mayor Sidhu continued consideration of Consent Calendar Item Nos. 04, 06, 14, 18, and 20 to November 2, 2021.

22. District 2 appointment of an unscheduled vacancy on the Planning Commission to serve a term ending December 31, 2022.

Planning Commission
District 2 appointments: Phillip Wolfgramm (term ending December 31, 2022) (unscheduled vacancy, Rosa Mulleady)
NOMINATION: Council Member Ma’ae nominated Phillip Wolfgramm. ROLL CALL VOTE: AYES – 7 (Mayor Sidhu and Council Members Faessel, Diaz, Ma’ae, Moreno, Valencia, and O’Neil); NOES – 0.

Nomination approved.

REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non-agenda items): None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:

Mayor Pro Tem Faessel requested the meeting adjourn in memory of Marian Francis, his policy aide’s mother-in-law; Sandie Schwaiger, proprietor of the Jagerhaus, which she ran for over 20 years; Al Mariam, Anaheim’s automotive fleet manager from 1966-1987; and Tim Kraft, Anaheim Hills resident, and local architect.

ADJOURNMENT:

At 12:51 A.M. on October 27, 2021, Mayor Sidhu adjourned the City Council meeting in memory of Marian Francis, Sandie Schwaiger, Al Mariam, and Tim Kraft.

Respectfully submitted,
Theresa Bass, CMC
City Clerk