ANAHEIM CITY COUNCIL
REGULAR MEETING OF SEPTEMBER 12, 2023
The meeting of September 12, 2023 was called to order at 3:02 p.m. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related material were duly posted on September 7, 2023.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Jose Diaz, Carlos A.
Leon, Norma Campos Kurtz, Stephen Faessel, and Natalie Meeks.
Mayor Pro Tem Natalie Rubalcava joined 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:
Sandy Lozeau commented on Item No. 3 requesting City Council support for approval and finalization of the proposed AFSCME labor agreement, noting the bargaining unit has negotiated in good faith.
The agreement is pending finalization of four items and she expressed support for completing the agreement and forwarding for the bargaining unit’s ratification and future participation in the City’s Strategic Planning process.
City Clerk Theresa Bass noted that no electronic public comments were received on the Closed Session agenda.
CLOSED SESSION: At 3:06 p.m., Mayor Aitken recessed to Closed Session for consideration of the following:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957 (b) (1) of the California Government Code) Title: City Attorney
2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Gretchen R. Beatty, Acting Human Resources Director
Name of Employee Organizations: City Attorney
3. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Gretchen Beatty, Acting Human Resources Director Name of Employee Organizations: American Federation of State, County and Municipal Employees (AFSCME), Local 2002, General Management Unit; AFSCME, Local 2002, Professional/Technical Management Unit; and AFSCME, Local 2002, Confidential Unit
4. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code) ITEM # 21
City Council Minutes of September 12, 2023
Agency Designated Representative: Gretchen Beatty, Acting Human Resources Director Name of Employee Organization: International Brotherhood of Electrical Workers (IBEW), Local 47 Part-Time Customer Service Employees
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation – authorization to file amicus curiae brief pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case
At 5:13 p.m., Mayor Aitken reconvened the Anaheim City Council.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Norma Campos Kurtz, Stephen Faessel, and Natalie Meeks.
INVOCATION: Pastor Moi Navarro, Sandals Church
FLAG SALUTE: Council Member Stephen Faessel
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing September 15 – October 15, 2023, as Hispanic Heritage Month Recognizing September 17- 23, 2023, as Constitution Week At 5:17 p.m., Mayor Aitken called to order the Anaheim Housing Authority (in joint session with the City Council).
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items, except public hearing): Prior to receipt of public comments, City Clerk Theresa Bass provided an outline of procedures for public comments, notice of translation services, and a brief decorum.
City Clerk Bass reported that a total of three (3) public comments were received electronically prior to 3:30 p.m. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of four (4) public comments were received electronically, distributed to the City Council, and made part of the official records]. – See Appendix.
Paul Hyek commented on Item No. 10 expressing interest in becoming a lobbyist.
Mark Richard Daniels commented on Item No. 10 stating that transparency is needed in the City now more than ever.
Bob Donelson commented on Item No. 10 stating there has to be modifications to the ordinance but it also requires enforcement as well as prohibitions against gifts.
Keith Mataya commented on Item No. 11 stating he represents Big Brothers Big Sisters of Orange County, that he is in support of Anaheim Community Foundation, and that more mentors are needed.
City Council Minutes of September 12, 2023
Carol Latham commented on Item No. 11 stating more mentors are needed to complete her organization’s mission.
Jeanine Robbins commented on Item No. 10 stating that residents are the ones who are paying for the City’s corrupt actions and requested certain City Council Members to resign.
Mike Robbins commented on Item No. 10 requesting the City move forward with agift ban and to establish an ethics committee.
Brent Finlay commented on Item No. 11 providing support for the Community Foundation and the work they do in the community.
Jordan Barrera commented on Item No. 11 representing Higher Ground Youth and Family Services as well as for the work of the Anaheim Community Foundation.
Vern Nelson commented on Item No. 10 stating the lobbyist ordinance is not enforced and it is the responsibility of Council Members and staff to report when they meet with a lobbyist.
Victoria Michaels commented on Item Nos. 10 and 11 and requested enhanced provisions in the lobbyist ordinance.
Kenneth Batiste commented on Item No. 10 stating that complete transparency is the only concept that will solve the ongoing corruption, as it will expose financial incentives for votes.
Phil Aguilar expressed support for upcoming fentanyl use prevention events.
Michael Fiore expressed support for upcoming fentanyl use prevention events.
Gloria S. Ma'ae commented regarding the deficiencies and errors in the JL Group report and requested any further actions should be delayed until the State auditor completes their report.
Len Beckman expressed concerns with State and Federal overreach into City’s operations, particularly as related to climate regulations.
Denise Barnes expressed concern that the use if mobile devices by prior public officials were not properly investigated as well as the use of cell phones during public meetings by City officials.
Bryan Kaye expressed support for suicide awareness and prevention and expressed concern with inappropriate allegations of criminal activity made toward him.
Wes Jones provided background on Measure E which provided proceeds to youth groups in Anaheim. He referenced Council Member Faessel’s actions for Measure E and the Angels Stadium lease negotiations.
Pam Donelson requested that the Council Members do their jobs with integrity and transparency.
Cynthia Ward expressed disappointment with Council Member Faessel’s actions relating to the corruption investigation. She requested answers regarding alleged misconduct during the Angels Stadium negotiations and called for integrity and constituent representation in government.
City Council Minutes of September 12, 2023
COUNCIL COMMUNICATIONS:
Council Member Leon shared that the Tech Scholar Program application process has opened for eligible college-bound Anaheim juniors and seniors. The scholarship will help empower students as they prepare for the next step of their education. They will be receiving either a laptop or tablet as well as free wireless internet access. The application is available at https://www.anaheim.net/6454/Tech-Scholar and will be open through September 29, 2023. He invited everyone to the Senior Appreciation Resource Fair at Modjeska Park on September 23rd from 9 a.m. to 1 p.m. Games, health screenings, COVID-19 vaccines, and flu vaccines will be available to the public. He noted that the City Manager’s Office will be working with Abrazar, Inc. for transportation services [Council Member Leon repeated his comments in Spanish]. He highlighted the Business Assistance Community Meeting in District 2 and thanked the Economic Development Department for bringing business owners from across District 2 together to speak about City resources, and to discuss issues like public safety and homelessness that are affecting some businesses to see how we can collaborate and work together. He thanked the Cozza Family at Mama Cozza’s as well as all the departments that were there for all their efforts. Lastly, he thanked Anaheim Fire and Rescue, Station 2, for the opportunity to attend the September 11th remembrance ceremony. He thanked Mark Lowry from Community Action Partnership of Orange County and all the volunteers who helped organize food boxes.
Council Member Kurtz highlighted and shared photographs of La Casa Garcia a family-owned business in District 4. She also highlighted Del Taco located at Harbor Blvd. and Chapman Ave. and noted the restaurant was also a family-owned business in District 4. Del Taco was opened by Richard Thompson in 1977. She shared that Mr. Thompson recently passed away and requested that the meeting adjourn in his memory.
Council Member Faessel requested adjourning the City Council meeting in memory of Maria T. Cao, mother of Father Bill Cao at St. Anthony Mary Claret.
Council Member Diaz announced the next District 1 and District 2 Neighborhood Services District Community Meeting will be on October 5, 2023 at 7 p.m. at the Brookhurst Community Center. He highlighted and shared photographs of iPHO, a new Vietnamese restaurant at 221 S. Magnolia Avenue. He stated that they serve authentic and affordable Vietnamese food. Council Member Diaz encouraged everyone to support local businesses.
Mayor Aitken displayed photographs and thanked United Across Borders for their amazing work in the community and their donations of food boxes, diapers, and senior needs. She stated they are new in the community and thanked them for making an appointment and meeting with her. While at Sunbliss Café in Anaheim Hills, she ran into Officer Heffner and thanked him for all he does in the community. She invited everyone to visit Sunbliss Café, a family-owned business in District 6. Mayor Aitken was invited to the U.S. Conference of Mayors and thanked San Diego Mayor Todd Gloria for hosting the conference. She stated the conference panel discussions regarding what cities in California as well as across the nation are doing to address homelessness, mental health, and gun violence were informative. Mayor Aitken thanked the Governor’s Office and Chief Service Officer Josh Fryday for funding the California Youth Job Corp, a program which provides paid internships to young people working in the community to tackle local issues. They visited the Magnolia Agriscience Community Center, and they received a tour of the farm. They were welcomed by the Magnolia High School band and highlighted the experience. Several non-profits were also able to meet with Chief Service Officer Josh Fryday during a roundtable discussion to discuss some of the needs in Anaheim.
Mayor Aitken was invited to attend the Patriot Day celebration at Nohl Canyon Elementary School.
She highlighted seeing the students observe Patriot Day honoring veterans and first responders.
City Council Minutes of September 12, 2023
CITY MANAGER’S UPDATE:
City Manager Vanderpool noted City staff conducted a District 2 Business Assistance Community Meeting on August 30, 2023. Business stakeholders were provided an overview of business resources, an opportunity to meet various City departments that provide business services, and the opportunity to speak with District 2 Council Member Carlos Leon. He thanked all City departments who had booths and representatives at the meeting. Similar meetings will be held in all other City Council districts in the coming months.
He encouraged the public to join the fun at the Anaheim Public Libraries and celebrate Hispanic Heritage Month. From September 15th to October 15th residents can enjoy special story times, cooking demonstrations, crafts, movies, games, and more. Visit the Library website at www.anaheim.net/hispanicheritage for more details.
City Manager Vanderpool displayed a photograph and shared that in celebration of National Drive Electric Week, Anaheim Public Utilities will be hosting a Community Resource Fair and EV Test Drive on Saturday, September 23, 2023 from 10:00 a.m. to 1:00 p.m. at Imperial Elementary School.
Residents are invited to test drive a variety of electric vehicles and learn about ways to save money on their utility bills, engage with City departments, and enjoy family-friendly activities. Please visit https://www.anaheim.net/6462/Community-Resource-Fair-EV-Test-Drive to get more information and to register for this free event.
At 6:34 P.M., Mayor Aitken recessed the Anaheim City Council to address the Anaheim Housing Authority agenda and reconvened at 6:37 p.m.
CONSENT CALENDAR: At 6:37 p.m., the Consent Calendar was considered with Council Member Kurtz pulling Item No. 5 for separate consideration.
MOTION: Mayor Pro Tem Rubalcava moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each City Council Member, seconded by Council Member Meeks.
ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
3. Receive and file minutes of the Public Utilities Board meeting of July 26, 2023 and the Senior Citizen Commission meetings of July 15, 2021, September 16, 2021, November 18, 2021, January 20, 2022, March 17, 2022, and May 19, 2022.
4. Approve recognitions recognizing the 60th Anniversary of Cortina’s Italian Market and Eatery; Hope House for providing valuable mental health and addiction treatment services; Cambria Hotel employee Gerardo Cejas for his life saving efforts on July 10, 2023; Anaheim Artist William Camargo for being featured in a recent issue of The New Yorker magazine; City of Anaheim’s 2023 Employee VIPs; and recognizing September 2023 as National Suicide Prevention Awareness Month.
City Council Minutes of September 12, 2023
6. Accept the bid from Preferred Aerial & Crane Technology, Inc., in the amount of $29,890 plus a 20% contingency, to perform crane and hoist inspections and certifications on an as-needed basis for a one year period, with four one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9712.
7. Award the contract to the lowest responsible bidder, Industrial Pro Power Services, in the amount of $594,687, for the E.V. Charger Installation Project (2 Locations: 233 E. Center Street and 1150 N. Kraemer Boulevard); authorize and direct the Director of Public Works to execute the contract and related documents and to take the necessary actions implement and administer the contract; determine that the project is categorically exempt from the California Environmental Quality Act pursuant to Class 1, Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
8. Approve a License Agreement with Golf Fore Life Skills, dba The First Tee of Orange County, to provide educational programs at the Dad Miller Golf Course for a five year term, with five one-year optional renewals, which may be terminated at any time by either party by giving a 60-day written notice; and authorize the Director of Community Services, or designee, to execute the agreement and to take the necessary actions to implement and administer the agreement.
9. Approve agreement with Locality Media, Inc., dba First Due, in a total contract amount not to exceed $594,058 plus a not-to-exceed 10% contingency in the amount of $59,405, to provide a fire records management system for a term of three years, with two one-year optional renewals; and authorize the Fire Chief, or designee, to execute the agreement and future amendments to the agreement, subject to the Office of the City Attorney making non- substantive changes.
BUSINESS CALENDAR:
5. Accept the bids from Parkwood Landscape Maintenance, Inc. and Landscape West Management Services, Inc., in a combined amount of $1,028,520 plus a 15% contingency, to provide landscape maintenance services to the west and southwest area parks for a one year period, with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid# 9706.
DISCUSSION: Council Member Kurtz inquired as to the definition of what the City considered the west and southwest parts of the City.
Director of Community Services Sjany Larson-Cash explained that the “west and southwest” parts of the City cross over a few different districts and include in the west Brookhurst, Hansen, John Marshall, and Maxwell parks, and in the southwest Barton, Ross, Chaparral, Circle, Palm Lane, and Ponderosa parks.
MOTION: Council Member Kurtz moved to accept the bids from Parkwood Landscape Maintenance, Inc. and Landscape West Management Services, Inc., in a combined amount of $1,028,520 plus a 15% contingency, to provide landscape maintenance services to the west and southwest area parks for a one year period, with four one-year optional renewals; and authorize the Purchasing Agent to City Council Minutes of September 12, 2023
exercise the renewal options in accordance with Bid# 9706, seconded by Mayor Pro Tem Rubalcava.
ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
10. Discuss and provide direction to staff on (1) potential modifications to the lobbyist provisions of the Anaheim’s Sunshine Ordinance, and (2) the publication of Council and City Manager calendars.
City Attorney Fabela reported that at their August 29, 2023 meeting, the City Council approved a priority list of reforms stemming from the recommendations in the JL Group investigative report and a calendar of when these items were to be brought forward for City Council discussion and action. The City’s lobbying policy was calendared for this meeting, as well as a discussion of the possibility of bringing back a policy to publish the calendars of the City Council and the City Manager’s Office. He introduced Chief Assistant City Attorney Kristin Pelletier and Craig Steele from Richard Watson and Gershon. City Attorney Fabela provided a background of Mr. Steele’s professional experience including representing public agencies for over 30 years and his tenure as City Attorney for two cities.
Mr. Steele specializes in public ethics, transparency, elections, and advocacy law and also served as a law clerk for the then-newly formed city of Los Angeles Ethics Commission. He frequently advises public agency clients on the rules regarding advocacy and lobbying and has written on those and other topics for Western Cities magazine, and the California Special Districts Association magazine.
Chief Assistant City Attorney Kristen Pelletier briefly summarized the City’s current lobbying ordinance, noting it contained multiple provisions, only one of which was the lobbyist provisions. She noted it also addressed the process of Public Records Act requests and transparency on construction projects. She explained lobbyist are required to register if engaged in any lobbying activity in the City within 15 days of such activities and file quarterly reports describing lobbying activity including reporting who the lobbyist met or spoke with, description of the project, and list of clients. She added the City Clerk files an annual report that summarizes all of the lobbying activity based on those reports. Chief Assistant City Attorney Pelletier noted the penalty for inadvertent violations is a fine. In 2022, the ordinance was amended to provide that if somebody knowingly and willingly violates its provisions, including by not registering or not filing their report, or if a lobbyist has money pass through accounts of people who are not registered lobbyists in order to lobby Council Members or high-level decision-makers, it would be a criminal penalty. Chief Assistant City Attorney Pelletier further reported as to the definition of lobbyist included in the current ordinance. She stated lobbying, as defined, is any activity designed to influence city administrative, or other actions. A lobbyist, as defined, is an individual who is paid $500 or more a month to influence governmental action. She noted standard exemptions in the current version of the ordinance.
City Attorney Fabela reported that the City Council requested staff to compare other cities or cities throughout California that enacted lobbyist ordinances, many do not and are not required to be in any particular city’s municipal code. Staff was asked to look at the Sacramento, Oakland and San Diego lobbyist ordinances as a way to start the discussion. City Attorney Fabela noted key takeaways of these other cities are types of lobbyists, that go beyond what Anaheim defines as a lobbyist, and that other cities have attempted to regulate. All cities reviewed, including Anaheim, do regulate contract lobbyists, which are lobbyists that work either independently, or at a firm that is paid to advocate some legislative or administrative action on behalf of a third party. Some cities regulate in-house lobbyists, which are individuals who work in-house at a company, whose primary responsibilities are to reach out to governments and advocate for some sort of legislative or administrative change. Some cities regulate expenditure lobbyists, which is a specific specialized type of lobbyist as defined those who pay a certain amount of money per year to communicate with the public to contact their Council person to advocate for certain change. Additionally, some cities prevent anyone who qualifies as a City Council Minutes of September 12, 2023
lobbyist from engaging in certain activities and Anaheim currently does not have these prohibitions.
Prohibited actions include attempting to deceive city officials or employees, causing government action for creating future lobbyist business, and representing that they control votes and making gifts of certain amounts to City Council Members.
City Attorney Fabela concluded his report by stating the City has more stringent enforcement actions due to the changes that were made last year. It further criminalizes knowing and willful violations of certain actions taken or certain actions required under the City’s municipal code. He added every other ordinance reviewed also makes it a misdemeanor to generally violate the ordinances. He explained there was a provision in another city’s ordinance where the city attorney is given the authority to seek injunctive relief against lobbyists to enjoin violations. He noted at least two of the cities reviewed had ethics commissions that have some ability to investigate, and administratively enforce certain provisions. He mentioned those provisions do not exist in Anaheim's current ordinance. Other differences include fees, the definition of lobbyists, and monetary thresholds.
DISCUSSION: In response to Council Member Diaz, Mr. Steele provided information on how other cities established an ethics commission. City Attorney Fabela added the City Council has the right to establish Commissions without a Charter amendment, however, a Charter amendment could be placed before the voters to establish such specific commissions, and if adopted, could only be changed by a vote of the electorate.
Council Member Diaz expressed there may be an inherent conflict of interest if the Council Members appointed individuals to a commission or other oversight body.
Council Member Leon stated his interest was to explore creating systems, processes, structures, ordinances, and accountability measures, that allow for the public to have a better understanding of who has access to Council Members and high-level City staff decision-makers.
In response to an inquiry from Council Member Leon, City Clerk Bass reported within the last reporting calendar year, three lobbying firms were assessed the late filing fee ($50.00) for not meeting the filing deadline. City Clerk Bass compared the City’s late fee to the fees set by the cities of Sacramento and San Diego. The City currently has 12 firms active with 19 lobbyists currently registered. City Clerk Bass provided the City’s website Anaheim.net/lobbyist to view information on those who were previously active, but no longer have a client with the City, lobbyist quarterly reports, and annual reports.
In response to the inquiry from Council Member Leon, Chief Assistant City Attorney Pelletier reported that in-house employees were originally exempted from reporting under the current lobbying ordinance to start the program incrementally and then build necessary elements into the ordinance, as needed over time.
In response to an inquiry from Council Member Leon, Mr. Steele reported that the City may want to establish the level of employee which would be required to report meetings and other interactions with external parties and entities to ensure that the reporting requirement was not needlessly interfering with regular and normal day-to-day- administration of City business transactions.
In response to Council Member Leon, Chief Assistant City Attorney Pelletier confirmed that Commissions which serve in a quasi-adjudicatory capacity, disclosure of ex-parte communications is appropriate and required.
City Council Minutes of September 12, 2023
In response to Council Member Meeks’ inquiry concerning the exemptions from the lobbyist ordinance for certain professions, Mr. Steele, City Attorney Fabela, and Chief Assistant City Attorney Pellitier stated that pursuant to a California Supreme Court case and California State law, cities are prohibited from regulating the activities of certain professions that are regulated by the State of California, such as attorneys, architects and engineers. However, if any individuals who are in those professions are acting in the capacity of a lobbyist, then they would have to register under the City’s lobbying ordinance.
Council Member Meeks stated one of her objectives is to avoid drafting a policy that would prevent anyone from exercising their rights to talk to the Council and petition their government. She supported making Council Member calendars available for public transparency.
Council Member Kurtz requested further exploration of the various types of lobbyists that should be included in an enhanced ordinance, including business, in-house, organization, and non-profit organizations and ensuring that any enhancements do not restrict the ongoing business of the City.
She also requested consistency and uniformity with the way that Council Members make their calendars public.
In response to Council Member Faessel, City Attorney Fabela stated that the updated lobbying ordinance would be more thorough, including definitions for the various types of lobbyists and lobbying activities. Council Member Faessel suggested an online form or document for the purpose of ease of reporting. Mr. Steele stated that consistency is important so that City Council Members agree with what is to be disclosed, what information is in the disclosure, and when it is going to happen.
Mayor Aitken suggested categorizing the definition of a lobbyist, enforcement for violations, and reviewing technical items related to fees. She suggested expanding the definition to include organizational lobbyists and applicability to unions.
Mr. Steele cautioned against any enhancements to the existing lobbying ordinance which would impact an individual’s rights to speak or petition their government and further cautioned against enacting provisions that would appear to be of political or discriminatory reasons rather than constitutional reasons. Mr. Steele affirmed that more robust definitions of lobbying activities could assist the City in addressing certain concerns regarding which entities would have to report.
City Attorney Fabela provided details concerning exemptions from lobbying reporting requirements in the sample ordinances presented from other agencies, concerning meetings with labor unions or engaging in collective bargaining processes regarding terms of a future Memorandum of Understanding; they do not amount to lobbying activity. He noted other types of interactions with labor unions, such as those that seek to influence City policy, would not be exempted.
Mayor Aitken expressed a need for an enforcement mechanism with regard to the lobbying ordinance, including empowering the City Attorney’s Office, to address failure to report.
Chief Assistant City Attorney Pelletier stated a distinction is drawn in the current lobbying ordinance, in part because the City cannot impose criminal penalties without intent, and suggested there needs to be a review and investigatory arm, and also consideration of increasing the daily fines, with a cap.
Mayor Aitken expressed that there was a sense of frustration mentioned at previous meetings over the lack of enforcement or prosecutorial mechanisms for violations of the lobbying ordinance. City Attorney Fabela confirmed that staff can explore various mechanisms, including methods by which City Council Minutes of September 12, 2023
the City Attorney’s Office, or some future Ethics Commission, or similar entity which has investigatory or auditing functions related to potential violations of the lobbying ordinance.
In response to Mayor Aitken, City Clerk Theresa Bass confirmed the current lobbyist registration fee of $100 is one-time only. She confirmed once lobbyists register their only obligations are their quarterly reports. Mayor Aitken suggested an annual registration fee for lobbyists and exploration of an annual rate that would encourage compliance and enforcement of the ordinance provisions.
Council Member Meeks discussed the various forms of interactions she has as a regular part of her duties as an elected official and suggested that some form of “checks and balances” should be instituted, to ensure that lobbyists and elected and appointed officials are reporting similar information. Chief Assistant City Attorney Pelletier confirmed that significant guidance would have to be involved, in addition to respecting the deliberative process provisions, in developing standardized reporting forms, as opposed to posting calendars after the fact.
Mayor Pro Tem Rubalcava suggested increasing penalties for noncompliance and supported a proposed annual registration fee, not to deter registration, but to act as a reminder of the reporting requirements. She suggested adding definitions of lobbying activities and lobbyists to the proposed ordinance amendment, to cover circumstances and entities such as, but not limited to, owners of consulting firms and labor unions.
Council Member Leon suggested broadening the definitions within the current lobbying ordinance to include anyone with a financial vested interest in a decision, regardless of the category of lobbyist, must register and report.
City Attorney Fabela noted that a requirement to have anybody with a financial interest in any legislative action register as a lobbyist may be overly broad and unprecedented and may raise First Amendment concerns. The current Levine Act requires a Council Member to recuse themselves from decision-making if they have received campaign contributions above $250 from those with business before the City Council. He confirmed Council Member Leon; 's input reflected an interest in broadening the lobbying ordinance to include definitions or requirements for the various types of lobbyists, including organization or in-house lobbyists.
Council Member Leon suggested that existing State and Federal laws concerning reporting of lobbying activities formulate the basic structure of any new enhanced requirements of the lobbying ordinance, the creation of an easy-to-use form and format for reporting, as well as extending reporting requirements to City Department Directors and other such appointed officials involved in the high-level business of the City.
Council Member Diaz strongly suggested that careful consideration be taken before any new provisions are implemented to ensure that the City and City staff are not unnecessarily restricted or fearful in performing or in the conduct of its ongoing business.
Mayor Pro Tem Rubalcava requested the addition of a training component to ensure that lobbyists understand the purpose and requirements of the lobbying ordinance, similar to the state-mandated ethics training requirements.
Mayor Aitken concurred that the process for reporting meetings and publishing calendars should be uniform and consistent for elected and appointed officials to ensure trust and transparency. Mayor Aitken supported a system that encourages compliance, also noting that most lobbyists are aware of how to fill out reporting forms and filings.
City Council Minutes of September 12, 2023
With regard to reporting lobbyists and potentially other types of meetings and publishing calendars of elected and appointed officials, Council Member Leon suggested the process be made simple, transparent, and easy to understand by members of the public. Council Member Meeks concurred with Council Member Leon’s comments.
Mr. Steele and Chief Assistant City Attorney Pelletier confirmed that it was important for the City to include some thresholds with regard to the definition of lobbyists and lobbying activities to ensure that there was transparency and uniformity with regard to reporting and other provisions. In response to Mayor Aitken, Mr. Steele estimated the state threshold of 20-25%.
Council Member Meeks, Council Member Kurtz, Mayor Aitken, and Council Member Leon requested additional clarification concerning the various types of interactions that regularly occur with elected and appointed officials, City staff, and external entities as part of the recurring work of the City and normal interactions with the business community and residents, to more accurately include definitions that would not restrict the City in the deliberative process, normal business interactions, and other regular administrative work, while also strengthening public transparency and trust as related to lobbying activities.
In response to Council Member Leon, Chief Assistant City Attorney Pelletier advised establishing a threshold to allow certainty of qualifications as an in-house lobbyist.
Council Member Faessel wanted to ensure that any new provisions do not infringe on rights regarding the deliberative process, which could potentially tie the City’s hands with regard to the ongoing business transactions required of the agency as a whole.
Mayor Pro Tem Rubalcava expressed support for robust definitions of the various types of lobbying, lobbyists, and types of meetings and interactions that could potentially be included in the proposed lobbyist ordinance amendment, including best practices for determining percentage thresholds, elected and appointed officials who conduct meetings with external agencies and entities, and to review how interactions and meeting with labor entities may need to be included.
City Attorney Fabela stated that City staff could distill the input received during this discussion from Council Members, research and analyze best practices and instruments from other agencies, and bring an initial draft back to the City Council for review and consideration, given there may be suggestions to revise or edit the draft once presented. He requested some flexibility with return of the proposed draft document if not ready to be presented at the next City Council meeting. Mr. Steele clarified if an individual spends more than 30% of their job duties lobbying city officials at any agency, they would be required to report lobbyist activities. Mr. Steele recommended a robust definition to distinguish legislative action compared to administrative action.
City Attorney Fabela suggested staff research other ordinances and propose a policy to the City Council. He did note the City Council may not have a consensus on the proposed policies, however, they may provide corrections and additional input. He requested additional time to prepare a proposed policy.
In response to Mayor Aitken’s request for input, Council Member Kurtz and Leon expressed support for an annual registration fee for lobbyists. Council Member Kurtz also expressed support for increasing the $50 fine amount.
City Council Minutes of September 12, 2023
Council Member Diaz expressed concerns regarding a proposed annual registration fee, noting it will not necessarily ensure compliance with any new lobbyist requirements and fees should be instituted to cover only the costs of providing government service.
Council Member Kurtz suggested the annual fee could cover the costs incurred by City staff, including the City Clerk for services related to the lobbyist reporting requirements.
Mayor Aitken requested the City Clerk to develop options concerning an annual registration fee for lobbyists, potentially to recover costs related to keeping up with internal requirements related to the current lobbying ordinance and any future enhancements. She requested the City Attorney move forward with research and provide options concerning the feedback received from the City Council on various methods for enforcement.
City Attorney Fabela confirmed staff would research and provide options concerning methods and enforcement mechanisms that could be included to ensure compliance with any new reporting requirements, tailored to the needs of the City.
Mayor Aitken inquired if the City Council agreed with directing the City Manager’s Office to develop a uniform methodology for the posting of City Council Member calendar and meeting information, pursuant to the input provided during this discussion.
In response to Council Member Leon, City Manager Vanderpool stated the City is committed to transparency and the City’s “transparency” portal is prominently displayed on the City’s website, and could accommodate the posting of calendars or any other related information, if so desired.
Council Member Leon suggested ensuring the public is aware of any new transparency and reporting requirements and sources, perhaps utilizing the City’s social media and other media outlets, including the website.
Council Member Kurtz requested training and education as to how the reporting requirements would work and how to utilize any methods instituted for same.
Assistant City Manager Greg Garcia confirmed staff did look at some examples and best practices of cities that publish calendars and work with the City staff and the City Council for the best method and timelines.
Mayor Pro Tem Rubalcava was in favor of a penalty provision on City Council Members who do not accurately report their meetings under any new approved requirements, with reporting retroactive to the date the Council Member took their oath of office.
In response to Mayor Aitken, City Attorney Fabela stated that the mechanism for the publishing of calendars could take the form of a policy and the enhancements to the existing lobbying ordinance would require an ordinance amendment.
In response to Council Member Diaz, City Attorney Fabela stated that there should be some consideration as to how far reaching the policy for disclosure should be, inclusive of consideration of whether it should apply to meetings with constituents or internal staff. Assistant City Manager Garcia stated he reviewed ordinances that require reporting meetings with constituents, however, none with exemptions that allow the withholding of names.
City Council Minutes of September 12, 2023
City Attorney Fabela confirmed that the rights to petition government and remain anonymous within the scope of the law should be protected and there could be some conflict between full disclosure and First Amendment rights. He also requested City Council input on whether the proposed enhancement of the lobbying ordinance should go beyond just disclosure and include proposals for prohibited activities.
In response to an inquiry from Mayor Aitken, City Clerk Bass confirmed the disclosure of campaign contributions is part of the reporting element required for lobbyists in each quarterly report. Chief Assistant Attorney Pelletier advised the City Council can require the disclosure of campaign contributions as a prohibition in place of a reporting requirement.
Council Member Meeks noted it may be difficult for her to go all the way back to when she first took her oath of office to provide records that conform with a proposed new reporting format concerning meetings, as she may not have recorded the information in the format that will be required in the future. Council Member Meeks suggested r for the new reporting requirement to have a start date in the future once a policy or ordinance amendment is approved for uniformity purposes.
Mayor Pro Tem Rubalcava requested information defining gifts from lobbyists, as well as information on best practices from other agencies concerning gifts. Council Member Faessel suggested banning gifts from any individual.
Council Member Diaz emphasized that the City Council Members should not accept gifts.
Council Member Leon suggested ensuring definitions of “gifts” were part of future discussions as related to a gift ban or as related to the proposed upgrades to the existing lobbying ordinance.
City Attorney Fabela affirmed that staff will proceed with development of proposed enhancements to the existing lobbying ordinance focusing on reporting requirements and regulation of lobbyists at this time.
Mayor Aitken confirmed the City Council will consider items related to a gift ban as part of the upcoming scheduled discussion concerning campaign finance reform.
Informational item with direction provided to staff. No formal action taken by Council.
11. Receive a presentation on the Anaheim Community Foundation [Informational Item].
Director of Community Services Sjany Larson-Cash introduced Janice Heckel, Executive Director of the Anaheim Community Foundation (Foundation) who provided an update on the Foundation’s current initiatives, recent accomplishments, and future plans. Ms. Heckel reported the Foundation is governed by an all-volunteer Board of Directors. The Foundation has a full-time Executive Director, a part-time Program Specialist, and several contractors that support operations. The Foundation is the community's center for collaboration and philanthropy focused on the current and emerging needs facing Anaheim residents and facilitates community research to identify the most critical needs utilizing surveys and data from numerous sources. The Foundation’s Helping Hands Grant Program provides monetary awards each year to local nonprofit organizations to support the critical needs of youth, families, senior citizens, and veterans. The Foundation also partners with the Community Services Department to provide enrichment scholarships to low-income youth to participate in fee- based enrichment programs such as summer day camps, sports opportunities, and singing and dancing. The Foundation partners with Anaheim City staff to provide resources through the emergency fund to qualify residents for assistance with rent, utility bills, and other critical living City Council Minutes of September 12, 2023
expenses. The Foundation’s partnerships support the Anaheim mobile family resource centers that are bringing vital resources into neighborhoods. The Foundation can meet its mission through the generosity of numerous businesses and individuals who choose it for their charitable gifts. This includes many City employees who participate in the payroll deduction program. Another important role the Foundation provides is as a fiscal sponsor for over 60 community programs and events. Its nonprofit status allows it to receive charitable donations directed to the specific activity. The Foundation provides fiscal sponsorship for numerous City programs that are not fully supported through the approved budget, including Concerts in the Park and the Cops for Kids program. The Anaheim Community Foundation's mission is to build community through people partnerships and pride and in its almost 40 years, that mission has not changed.
DISCUSSION: Mayor Pro Tem Rubalcava noted the Foundation is a separate 501(c)(3) nonprofit organization and is audited annually. She requested additional information on how the Foundation is connected to the City, its total operating budget, the percentage of its budget that goes to administrative fees, how it determines which nonprofits to lend funding support, and their process and mechanism for granting gifts.
Ms. Heckel responded that more recently, the Board transitioned from having City staff support operational functions in order to realize the fundraising and other benefits of having their own independent organization. The three-year transition plan provided for the hiring of their own staff and completely separate finances. Their current annual operational budget is approximately $300,000.
Director Larson-Cash added the Foundation was initially formed to provide a nonprofit ability to raise funds to support programs offered by the Community Services Department.
In response to Mayor Pro Tem Rubalcava, Ms. Heckel explained approximately three months ago, the Foundation initiated its first administrative fee policy, and they collect 1.5%. The Foundation conducts a full annual audit and a public process is conducted to publicize funding opportunities, encourage applications, and review by their grant committee. California State University, Fullerton faculty assist with the development of grant award criteria and evaluation of applications. The recommendations for funding must be approved by the full membership of the Board of Directors.
Council Members Leon, Kurtz, and Meeks thanked the Foundation for all the work they perform across the City. Council Member Faessel was acknowledged as a member of the Foundation Board.
In response to Mayor Pro Tem Rubalcava, Ms. Heckel stated the Foundation gives priority to organizations that serve Anaheim, and the Foundation requests information from the organization concerning the percentage of residents in every program considered for funding support.
Mayor Pro Tem Rubalcava stated the Foundation should be commended for not going outside of their expertise and focusing on giving back, not on operations. She inquired as to how much revenue was generated from the State of the City Event.
Ms. Heckel responded thanking the City for the opportunity to host events such as State of the City, noting that the hosting responsibilities rotate. The event made $71,000, $10,000 of which has been allocated to the emergency fund, and the remainder to use to support various community events.
Mayor Pro Tem Rubalcava inquired whether the Foundation would help to operate or oversee Store One and whether serving as a fiscal agenda would take away from the objectives of the Foundation, as it appears to be operational in nature.
City Council Minutes of September 12, 2023
Ms. Heckel responded the Foundation would not operate Store One, but rather serve as a fiscal sponsor. In the past, the Foundation served as an incubator for small organizations and explained the use of the Foundation to host businesses until they could sustain themselves and form their own nonprofit organization. As a fiscal agent, the new business could utilize the Foundation’s nonprofit status to facilitate fundraising and provide donors with tax deduction benefits. She explained the application process and various levels of fiscal agent support for organizations who are in their initial formation stages.
Informational item with no formal action taken by Council.
PUBLIC HEARING:
12. CEQA CATEGORICAL EXEMPTION, CLASS 1, CLASS 2, AND CLASS 3 DEVELOPMENT APPLICATION NO. 2021-00218
OWNER: Calvary Baptist Church of Anaheim, 2780 E. Wagner Avenue, Anaheim, CA 92806 APPLICANT: Enrique Diaz, Red Hook Capital Partners, LLC, 2120 E. Grand Avenue, Suite #135, El Segundo, CA 90245
PROJECT LOCATION: The approximately 1.93-acre property is located at 2780 E. Wagner Ave., at the intersection of Rio Vista Street.
REQUEST: The applicant requests approval of a conditional use permit to establish an Educational Institutions-General use (public charter school) with up to 480 students between Transitional Kindergarten to 8th Grade at an existing church and pre-school site. The Project includes the remodel of existing buildings for classroom and school administration use, the construction of a new 5,633 square foot two-story classroom building, and various ancillary site modifications and landscaping improvements.
ENVIRONMENTAL DETERMINATION: The City Council will consider whether the proposed action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); and Section 15303, Class 3 (New Construction or Conversion of Small Structures).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved a Conditional Use Permit to allow an Educational Institutions-General Use consisting of a Transitional Kindergarten through 8th Grade public charter school and making certain findings in connection therewith (PC2023-021) with a revision to Condition No. 31 regarding parking, circulation, and drop-off and pick-up operations. VOTE: 5-2 (Chairperson Kring and Commissioners Henninger, Lieberman, Walker, and Castro voted yes; Commissioners Tran-Martin and Perez voted no).
(Planning Commission meeting of July 17, 2023) Appealed by: Cecilia Flores.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a conditional use permit to allow an Educational Institutions- General use consisting of a transitional kindergarten through 8th grade public charter school and making certain findings in connection therewith [includes determination the proposed action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); and Section 15303, Class 3 (New Construction or Conversion of Small Structures); Development Application No. 2021-00218; 2780 E. Wagner Avenue].
City Council Minutes of September 12, 2023
At 8:44 p.m., Council Member Faessel recused himself due to a conflict of real property interest as his residence is between 500 and 1,000 feet of the subject property and left the dais for the discussion and deliberation on this item. This information was affirmed by City Attorney Fabela.
Council Member Leon disclosed he met with the applicant and appellant regarding this matter.
Council Member Kurtz disclosed she met with the applicant and appellant regarding this matter.
Council Member Meeks disclosed she met with the applicant and appellant regarding this matter.
Mayor Pro Tem Rubalcava disclosed she met with the appellant regarding this matter.
Mayor Aitken disclosed she met with the applicant and appellant regarding this matter.
Director of Planning and Building Ted White presented the item stating this is a request for approval of a conditional use permit for a charter school with up to 480 students ranging from transitional kindergarten to eighth grade at an existing church and preschool site. This request was approved by the Planning Commission in July with a 5-2 vote and appealed by Cecilia Flores, a nearby resident.
The nearly two-acre property, located at 2780 East Wagner, is in the Transitional Zone and designated for Low Density Residential land uses by the General Plan. Director White noted the current site operations include religious assembly for The Cove Church within the 4,800 square foot sanctuary building and a pre-school. The project includes the remodeling of existing buildings for classroom and school administration use, the construction of a new 5,600 square foot two story classroom building and various ancillary site modifications and landscape improvements, including the playground. The school anticipates enrollment to be phased in over a five-year period and would operate Monday through Friday from 6 a.m. to 6 p.m., with just evening custodial, as needed, up to 11 p.m. Educational instruction would be from 8:15 a.m. to 3:00 p.m., Monday through Thursday, and 8:15 a.m. to 12:00 p.m. on Fridays. He reported that staggered student drop-off managed by the faculty by assigned drop-off times would begin at 7:30 a.m. Staggered pickup begins at 3:00 p.m. and runs for 30 minutes past the end of the school day. Approximately 25% of the students are anticipated to attend an after-school program, with staggered pickup times until 6:00 p.m. The school would have up to 40 employees comprised of 24 full-time and 16 part-time employees.
Director White further reported the item was appealed by Cecilia Flores who provided several reasons for the basis of the appeal. First, the appellant stated that the project will unnecessarily increase resident exposure to air pollution. He detailed the staff’s response that the on-site drop-off and pickup of students will occur primarily during two short timeframes of 30 to 45 minutes in the morning and afternoon. Based on the vehicle miles traveled analysis and the traffic impact analysis prepared for the project, the greenhouse gas emissions from vehicle trips are presumed to have a less than significant impact and not cause a significant increase in air pollution in the vicinity of the project. The short-term periods of vehicles circulating on site would not cause any significant increase in air pollution in the project vicinity.
Director White reported the appellant also stated that the project would increase traffic congestion due to parents using nearby neighborhoods for students at drop-off and pickup and that the absence of marked crosswalks would increase safety hazards for children and drivers. The applicant prepared parking and on-site circulation plans which outline the parking drop-off pickup and circulation procedures to be implemented by the school. There would be on-site queuing capacity for approximately 31 cars leading to the pickup area with a separate exit circulation lane to leave the property. During drop-off, 6 to 10 staff members would be assisting students and traffic flow including assisting students while exiting their vehicles, keeping the onsite circulation of cars flowing and City Council Minutes of September 12, 2023
monitoring for any potential violations of the pickup and drop-off rules. Pickup or drop-off would not be permitted on Wagner Avenue, Rio Vista Street or nearby residential streets. School staff would monitor vehicles along East Wagner Avenue to observe and note any violations to the submitted parking and circulation plans. During pickup two staff members would assist and greet parents, acquire the student’s grade and name, alert teachers as to which student is ready for pickup, and send the students to their vehicle at the pickup area. All parents would be required to participate in mandatory training for pickup and drop-off procedures and routine updates would be provided to families if adjustments are necessary.
Director White presented design features recommended to help with ingress and egress to the site.
He noted the appellant stated that the project would increase noise levels above the 60-decibel level for residential properties and questioned the validity of the noise study prepared for the project. He explained the noise study was prepared to evaluate future noise levels on the site resulting from outdoor student activities as compared to the existing conditions based on the noise modeling for the proposed use. The noise assessment concluded that the noise levels at the adjacent residential properties are expected to be less than 60 decibels and do comply with the City municipal code standards without requiring any modifications to the proposed design. A supplemental letter by the noise consultant prepared in response to the appeal indicated that the assumptions for the noise study were conservative and the expected actual noise levels would be lower than the calculated noise levels. He further noted that the appellant also stated that the project’s traffic and parking would impact access to the adjacent Rio Vista trail. Staff does not anticipate conflicts between public users entering the trail system and school attendees entering or exiting the school site. All parking drop-off and pickup will be contained on the school site and therefore would not impact parking for members of the public using the trails.
Director White explained the Municipal Code requires that the City Council must show that all the other required findings, as presented, can be made in considering and approving a conditional use permit. The Planning Commission determined that these findings could be made and approved the project as designed, along with conditions of approval. The conditions of approval include requirements for follow-up reports on the parking and circulation plan to be submitted to the City every six months after the beginning of each school year until the maximum 480 student capacity has been reached in order to ensure that the plan is working properly. If it is determined by the City Traffic Engineer that additional requirements and/or measures are needed, then the city can impose such measures and requirements to be implemented by the school at their cost. Staff recommended that the City Council uphold the decision of the Planning Commission approving the project.
Seeing no inquiries by the City Council, Mayor Aitken opened the public hearing.
City Clerk Bass stated the appellant, Cecilia Flores would be presenting with three different individuals and would have twenty minutes to present to the City Council and their presentations will include a PowerPoint Presentation and a video.
Megan Herbert, representing the appellant, stated she was a resident near the proposed school site.
She noted the presentation would cite their concerns related to safety, traffic, parking and noise impacts of the proposed project on the adjacent neighborhood. She noted concerned residents are not against the charter school, but opposed to this particular location. A video was displayed featuring an accident at the subject site, which has a long history of traffic incidents. She expressed concerns regarding misrepresentations over the number of cars visiting the site provided by the traffic analysis.
She stated there will actually be a significant net increase of 724 vehicles. This will be compounded by regular traffic impacts on the neighborhood, generating gridlock. Ms. Herbert referenced the applicant’s charter school location in Santa Ana and provided examples of traffic congestion at the City Council Minutes of September 12, 2023
site. The Anaheim General Plan should be given precedence in that it requires new developments to be carefully integrated with our existing community infrastructure, which is zoned as low density residential. She expressed concerns regarding the queuing of cars which will ingress and egress through the site, especially as it relates to lack of supervision over encroachment of traffic into the adjacent neighborhood.
James Peterson, representing the appellant, stated he was a resident near the proposed school site and that his home backs up directly to the subject property. His biggest concern is the traffic impacts, especially the queuing system as well as a potential increase in traffic accidents. He noted parents may not comply with the rules established for queuing, and the school may not be able to control that behavior. Additionally, the lighting and noise impacts of a school disproportionately impact those homes that back up to the site. Idling of cars presents additional negative pollution impacts. The residents request the proposed school mitigate impacts by increasing the height of adjacent walls. If the project is approved, he strongly recommends a stoplight and crosswalk diagonally from the corner of where Wagner meets Rio Vista. He has nothing against the school itself but is opposed to this location for that use.
Jason Watts, representing the applicant, stated the applicant’s intent is to bring another integral asset for Anaheim residents and families. The mission and vision of Scholarship Prep is not only to provide a rigorous and university inspired education to all students, but to seamlessly fit in and fit into and enhance the existing fabric of the community. He referenced the success of the other school properties in surrounding cities, including their ability to mitigate traffic, noise, and safety concerns.
He provided historical information on the community outreach and notification that was completed in Anaheim as related to the proposed school use and their implementation of various mitigation strategies to address concerns. They are also prepared to make additional changes to procedures and protocols to further reduce the impact to our neighbors if need be.
Joseph Smith, California Coastal Works, representing the applicant, noted he had been assisting the applicant with this entitlement application. He expressed his appreciation to City staff and the Planning Commission for their extensive work. The applicant has been working to mitigate all traffic concerns and a transparent and open process was conducted with outreach and all notification requirements for public meetings. He provided historical information on the outreach activities that were conducted. The Planning Commission imposed a condition that required a traffic management plan review for the site every six months. They have made several attempts to contact the appellant and other residents. The applicant has addressed all concerns during the Planning Commission process that were raised by the appellant and the City and an extensive traffic management plan with all public improvements was completed. The condition of approval has been agreed to with regard to no queuing being allowed on East Wagner Avenue and the proposed project includes 44% more parking than is required. He cited the explanations by staff to address concerns made by the appellant. He referenced 36 outreach activities conducted by the applicant to address concerns made by the residents and the appellant. Mr. Smith noted the site was selected for on-site queuing and differs from the site located in Santa Ana. He provided background on the previous zoning designation for the site and mentioned previously approved Conditional Use Permits to permit the site for religious assembly with approvals for up to 615 attendees and approximately 30 students. He shared that the proposed use for the site would reduce the volume of individuals at the site. It would be limited to use during weekdays and unlike a high school, the students would not be driving to school. He addressed concerns regarding existing conditions on Wagner Avenue and concluded with addressing concerns regarding wall height and parking.
Pastor Chris Warner, the applicant, identified himself as the pastor of the current church which owns the property. He noted they cannot meet the resource requirements to continue to maintain the City Council Minutes of September 12, 2023
property and make necessary upgrades. It was a unanimous and emotional decision to sell the property and the organization completely supports the proposal from Scholarship Prep. The organization will be able to make necessary improvements to the property and have his full support.
He noted a deep desire to have their students grow academically and holistically and they support their mission and values. He acknowledged residents' concerns regarding noise complaints and assured the applicant would address any complaints. He provided a history of the church’s relationship with the Anaheim Police Department and the community. Pastor Warner highlighted his support for the scholarship prep school and the positive growth they can provide to the community.
He encouraged the Council to support the Planning Commission’s approval of the subject project.
Mr. Smith thanked the City Council for their consideration of the project and the appellant’s presentations.
City Clerk Theresa Bass noted seven (7) public comments were received within the noticed area.
Speakers within the noticed area are given ten (10) minutes to address the City Council.
Mayor Aitken requested the Council’s feedback to limit the allotted time for public comments within the noticed area to five minutes in the interest of receiving all public feedback. The City Council supported the five minute public comment period for noticed individuals.
City Clerk Bass noted addresses provided on the speaker cards are cross-referenced with the notice list provided by the Planning and Building Department. Council Member Leon requested clarification on the noticed area. Director White clarified the noticed area is 500 feet surrounding the subject property.
Ariana Guevara stated her church utilizes the subject property and would have preferred an opportunity to purchase the property first.
Neal Ritter expressed concerns that the proposed school use will increase traffic congestion in the adjacent neighborhood.
John Baltazar stated his preference to have the subject site remain for church use, citing concerns about traffic and safety if the site was used for a school. He provided history on the current church’s mission and history at the site.
Javier Jesse Rodriguez expressed opposition to the proposed school use, citing concerns regarding traffic, parking, noise, and safety in the adjacent neighborhood. He expressed support to have the property remain for church use.
Janette (translation: Spanish) expressed support for the proposed school use, citing concerns with the quality of the schools in her immediate area and that there should be more school options available.
City Clerk Bass noted the remaining speakers reside outside of the noticed area and will be given three (3) minutes to speak.
Jaron Fried, Assistant Superintendent for the Anaheim Union High School District (AUHSD), expressed the District’s opposition to the proposed charter school, citing the high quality of the public school programs and services already provided, and noting that this project will drain resources from the public schools. He cited specific examples of projects in district schools including athletics and City Council Minutes of September 12, 2023
arts. He referenced a City Council resolution supporting AUHSD initiatives and Mayor Pro Tem Rubalcava’s support for mental health programs.
Dr. Chris Downing, Superintendent of the Anaheim Elementary School District, expressed the District’s opposition to the proposed charter school, citing previous Planning Commission denials of the proposed school use, and concerns regarding traffic, parking, noise, and safety in the adjacent neighborhood. He cited concerns over the staff-to-student ratio Annemarie Randle-Trejo, Trustee of the Anaheim Union High School District, expressed opposition to the proposed school use in agreement with the previous speaker’s comments, and that the subject school representatives did not consult the local school district in their plans. She referenced four elementary schools and two junior high schools located within the subject property. She cited the ongoing impacts of declining enrollment in local school districts.
Bryan Vazquez stated his church utilizes the subject property and would have preferred an opportunity to purchase the property first. He expressed opposition to the proposed school use citing negative impacts to the adjacent neighborhood.
Jonathan Parker, student at Scholarship Prep, expressed support for the proposed school use.
G. Price stated an individual utilized by the developer outside of the parameters of the lobbyist ordinance, attended community meetings held by the appellant, and that the individual attempted to squash the concerns of local homeowners.
M. Price expressed opposition to the proposed project, citing negative traffic and other public safety impacts to the adjacent neighborhood. He questioned the ability of emergency vehicles to respond to the proposed design of the queuing system.
Marc Herbert expressed concern that the petition submitted by residents in opposition to the project and noted it was not included in the record. He mentioned the lack of video recordings for Planning Commission meetings and the lack of independent analysis of the project.
Vern Nelson expressed concern about alleged violations by the applicant’s representative. He cited an example of lobbyist activity’s influence on a previous development. He expressed opposition to the proposed school use, citing the negative impacts on the adjacent neighborhood.
Gloria Zapata expressed opposition to the proposed school use, citing that proper environmental analysis was not conducted. She mentioned negative impacts to the adjacent neighborhood including noise complaints and pollution. She expressed support for continued church use for the property.
Lucila Vazquez provided a background on the church organization that utilizes the subject property.
She stated her church utilizes the subject property and would prefer that it remain for church use.
Hermilo Vazquez (translation: Spanish) introduced himself as the pastor of the church using the facility. He mentioned the importance of faith and noted the organization can purchase the property.
Daniel Vazquez stated his church utilizes the subject property and would prefer that it remain a church, citing the negative impacts of a school use on the adjacent neighborhood and community.
City Council Minutes of September 12, 2023
Dennise Allotey, Administrator at Scholarship Prep, expressed support for the proposed school use, and the school’s intent to be a resource and cultivate the community partnerships for their newest campus.
Emely Vasquez stated her church utilizes the subject property and would prefer that it remain a church use. She cited the positive impacts of having the church remain in the area.
Aileen Vazquez stated her church utilizes the subject property and would prefer that it remain for church use, citing the negative impacts of a school use on the adjacent neighborhood and community.
Kimberly Perez stated her church utilizes the subject property and would prefer that it remain for church use, citing the negative impacts of a school use on the adjacent neighborhood and community. She recounter her experience attending charter schools and the traffic associated with charter schools.
Jennifer Lenton expressed support for the proposed school use, noting her child is a current student.
She stated the school will work continuously to address any potential impacts to the surrounding community and is committed to working in partnership.
Jennifer Calixto stated her church utilizes the subject property and would prefer that it remain a church use, citing the negative impacts of a school use on the adjacent neighborhood and community.
Isabella Calixto stated her church utilizes the subject property and would prefer that it remain a church use, citing the negative impacts of a school use on the adjacent neighborhood and community.
Sendith Marchan stated her church utilizes the subject property and would have preferred an opportunity for the church to purchase the property first. She provided examples of the positive impacts the church has on the community.
Kenneth Batiste expressed opposition to the proposed school use, citing its impacts on the local public schools and negative impacts on the adjacent neighborhood. He recognized both Anaheim school district's efforts and mentioned students receive quality education. He mentioned charter schools do not offer dual language programs, unlike both Anaheim school districts.
Genesis Arias attends church at the subject property and expressed opposition to the proposed school use, citing the negative traffic, impacts on the adjacent neighborhood, and cited the positive impacts the church has on the community.
Santiago Arias attends church at the subject property and expressed support for continuing church use at the property, citing its positive impacts on the community.
Amanda Perez stated her church utilizes the subject property and expressed support for continuing church use at the property, citing its positive impacts on the community.
Artemio Lazaro (translation: Spanish) expressed support for continuing church use at the property, citing its positive impacts on the community.
City Council Minutes of September 12, 2023
Guadalupe Vazquez (translation: Spanish) expressed support for continuing church use at the property, provided background on the church’s history, and citied its positive impacts on the community.
Alexandru Savulov expressed concern with the traffic analysis conducted for the proposed school use, as it was completed by a company hired by the applicant. He stated the report appears to have significant errors which will negatively impact the adjacent neighborhood.
Nathan Cambray stated he attends church at the subject property and expressed support for continuing church use, citing its positive impact on the community.
Diego Vazquez (translation: Spanish) attends church at the subject property and expressed support for continuing church use, citing its positive impact on the community and on his life.
Andrew Crowe, employee at Scholarship Prep, expressed support for the proposed school use, citing the purpose of the item is to determine whether the Conditional Use Permit should be approved, not to whom the current owner of the subject property decides to sell the property. He reported members of the congregation who lease the space have not contacted Scholarship Prep. He stated Scholarship Prep is a county-wide charter school organization serving the needs of homeless and foster youth, and that they are a high-performing school.
Anthony Vazquez expressed support for continuing church use at the property, citing its positive impacts on the community.
Erika Arellano expressed support for continuing church use at the property, citing its positive impacts on the community. She mentioned the organization contacted the owner and attended meetings to address the organization’s lease agreement.
Frank Vazquez expressed support for continuing church use at the property, citing its positive impacts on the community.
City Clerk Bass reported that a total of twenty (20) public comments were received electronically related to Public Hearing Item No. 12. [A final total of twenty-three (23) public comments were received electronically, distributed to the City Council, and made part of the official records]. – See Appendix.
Mayor Aitken invited the applicant to provide closing comments.
Jason Watts, representing the applicant, stated the current site’s owners are not providing necessary improvements to the subject site and that the traffic and safety concerns existing now will remain. Mr.
Watts reported notice was provided to both school districts in May 2021 and February 2023 that a school use may be forthcoming. A meeting with the superintendent was held to discuss the differences between the current application and those that were previously denied. He clarified he question before the Council is not public versus private charter school, nor about the property sale which is a private property transaction. He requested the City Council consider the Planning Commission’s decision to determine the project’s approval.
Joseph Smith, representing the applicant, spoke to the proposed queuing process which facilitates the expediency of the pickup and drop off. He clarified the valet process during pickup and dropoff which requires staff to facilitate the process. He noted the goal is to get students in and out as fast as possible, as safe as possible. Due to their unique program and how they serve homeless and foster City Council Minutes of September 12, 2023
youth, they have a countywide charter. Mr. Smith explained a countywide charter is one school with multiple physical sites which is allowable and codified in law. He added they are sensitive to the needs of the various churches which utilize the facility and have a two-year lease back with the current owner for a smooth transition for all churches to find new locations.
Pastor Chris Warner, applicant, clarified that his church is selling the property to Scholarship Prep, and it was a gross misrepresentation by public speaker’s that other churches were denied the opportunity to purchase the property. The property went into escrow two years ago and current renters were provided with information at the appropriate juncture. The current church appreciates the two-year lease and the opportunity for the property to receive the appropriate repairs and upgrades that are needed. He is fully supportive of Scholarship Prep’s proposed charter school at the subject site.
Mayor Aitken invited the appellant to provide closing comments.
Cecilia Flores, appellant, spoke in opposition to the conditional use permit approved by the Planning Commission, stating that concerns of the residents were not discussed at the subject meetings. The project will have negative impacts on the adjacent residents and neighborhood, including significant negative impacts on traffic, parking, noise, and home values. The school is inappropriately close to adjacent homes and has not been appropriately mitigated. She strongly supports the denial of the Planning Commission’s recommendation to approve the project.
Megan Herbert, representing the appellant, expressed concerns with the six-month evaluation condition of approval and that residents should be prioritized over developers. She is also in opposition to the California Environmental Quality Act (CEQA) exemption that was granted for this project, stating that a proper environmental impact study should be conducted. She also expressed concern regarding the ability for public safety services to reach the site and neighborhood given the singular ingress and egress pathway.
Seeing no further comments, Mayor Aiken closed the public hearing.
DISCUSSION: Council Member Diaz inquired if the school was willing to build or repair the wall at the subject site. Mr. Watts reported the current six foot wall is sufficient in preventing noise impacts.
Director White confirmed that an eight-foot wall would be allowed by the City’s Code. Mr. Watts confirmed that they would be able to accommodate an eight-foot wall.
Council Member Diaz expressed support for the subject site and the use for a charter school use, noting this agenda item was not regarding the purchase of the property, but rather the appeal of a Conditional Use Permit approved by the Planning Commission. He stated he was not impacted by school traffic although he resides near a school, and believes the impacts have been appropriately mitigated through the conditions of approval process.
MOTION: Council Member Diaz moved to approve RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a conditional use permit to allow an Educational Institutions-General use consisting of a transitional kindergarten through 8th grade public charter school and making certain findings in connection therewith [includes determination the proposed action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); and Section 15303, Class 3 (New Construction or Conversion of Small Structures); Development Application No. 2021- 00218; 2780 E. Wagner Avenue].
City Council Minutes of September 12, 2023
DISCUSSION: Council Member Meeks acknowledged this is not a school versus church issue, but rather a review of the application before them. She expressed concern with the impacts of the idling cars and inquired if the traffic study included that aspect. She also inquired concerning the relocation of the proposed playground. Director White clarified that the study found that the limited duration of idling would not have a significant impact. He also noted that turning the area west of a building into part of the playground area would not be allowable. He recommended staff could add to the conditions of approval, if requested by the Council.
Council Member Meeks expressed concerns about parents complying with traffic requirements and the queuing potentially negatively impacting the ability of public safety vehicles to access the site and neighborhood. Director White responded that the Fire Department participated in the review process for the application and did not raise concerns due to the limited time of the queuing.
Mayor Pro Tem Rubalcava inquired as to how frequently the property is used. Director White responded it is used one day a week and some weeknight operations as well. The maximum number of students would be 480. Mayor Pro Tem Rubalcava expressed concern with the traffic impacts, the CEQA exemption considering the increase in vehicles, and parking availability.
Council Member Kurtz expressed concerns about the ability to prevent queuing onto Wagner Avenue, which would create more traffic impacts. She mentioned she visited the location and noted current speeding and other safety issues. She stated she could not support the project for those reasons.
Council Member Leon thanked all who came out to speak and participate in this discussion. He stated that this is not a charter school versus church issue. He reported the item is for consideration of an application for a Conditional Use Permit. Traffic Engineer Rafael Cobain confirmed that the speed limit in the area of Wagner Avenue and Rio Vista is 45 miles per hour (mph) and for Rio Vista Street the limit is 35 mph. Council Member Leon stated he was not in support of upholding the Planning Commission’s decision due to the traffic impacts and safety concerns.
Council Member Diaz expressed support for the project, citing that the applicant and Planning Commission completed due diligence.
MOTION: Council Member Diaz moved to approve RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a conditional use permit to allow an Educational Institutions-General use consisting of a transitional kindergarten through 8th grade public charter school and making certain findings in connection therewith [includes determination the proposed action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); and Section 15303, Class 3 (New Construction or Conversion of Small Structures); Development Application No. 2021- 00218; 2780 E. Wagner Avenue].
DISCUSSION: Mayor Aitken thanked all who participated in the proceedings and both the school and the church provide services to the community which are appreciated. She clarified the matter at hand is the consideration of the appeal of the Planning Commission’s decision. She noted use in the subject area will be changing from a church to a school and expressed concerns about the resulting impacts given the more intense use that a school brings. She expressed concerns regarding the increase in negative traffic, noise, and safety impacts on the neighborhood and that she would not be able to uphold the Planning Commission’s decision at this time.
City Council Minutes of September 12, 2023
MOTION: Mayor Pro Tem Rubalcava moved to deny the Conditional Use Permit for Development Application No. 2021-00218, located at 2780 E. Wagner Avenue, seconded by Council Member Kurtz.
DISCUSSION: Director White clarified the action before Council was for approval of the project and advised that new findings should be established to deny the Conditional Use Permit.
Council Member Meeks acknowledged the school is reputable and does not have concerns other than the increased impacts the new use will have on the neighborhood.
Director White affirmed the findings necessary for denying the Planning Commission’s approval, and noted that they would be incorporated into the Resolution language, if approved by the City Council.
He stated that the findings necessary to support the granting of a conditional use permit cannot be made because the size and shape of the property are inadequate to support the proposed 480 student school in a manner that would not adversely affect the surrounding neighborhood. The property is inadequate in size to provide adequate queuing and on-site vehicular circulation to accommodate pickup and drop-off in a manner that does not affect the adjoining streets and adjoining residential properties. The vehicle queuing is located too close to the adjacent residential property lines. The property lacks adequate emergency vehicle circulation during pickup and drop-off times and proposed conditions aren't feasible and do not adequately address potential negative effects from the project including noise as proposed, because of these concerns, the project as proposed will be detrimental to the health and safety of the citizens of the City of Anaheim.
Mayor Pro Tem Rubalcava requested if the concerns regarding the CEQA exemption could be included. City Attorney Fabela clarified if the project is being denied clarification regarding the CEQA exemption is not required.
In response to Council Member Kurtz, City Attorney Fabela clarified a yes vote would be to deny the project based on the findings as read into the record by Director White.
MOTION: Mayor Pro Tem Rubalcava moved to approve RESOLUTION NO. 2023-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM) denying a Conditional Use Permit to allow an Educational Institutions-General use consisting of a transitional kindergarten through 8th grade public charter school and making certain findings in connection therewith (Development Application No. 2021-00218; 2780 E. Wagner Avenue), seconded by Council Member Kurtz. ROLL CALL VOTE: AYES – 5 (Mayor Aitken and Council Members Rubalcava, Leon, Kurtz, and Meeks); NOES – 1 (Council Member Diaz); ABSENT (Recusal) – 1 (Council Member Faessel).
Motion carried.
REPORT ON CLOSED SESSION ACTIONS: None
Council Member Faessel returned to the dais at 12:13 a.m.
COUNCIL AGENDA SETTING:
Mayor Pro Tem Rubalcava requested a Workers’ Compensation overview.
Council Member Leon noted that the City Council received potential lobbying violations from one of the speakers.
City Council Minutes of September 12, 2023
City Attorney Fabela provided advice regarding the public comment periods and reopening public comments. Mayor Aitken invited the speaker to address the City Council.
PUBLIC COMMENTS (non-agenda items):
Marc Herbert commented inquiring why the City budget for homeless services was excluded for the final three years of the five-year proposed budget. He inquired about the proposed Platinum Triangle fire station and whether the City has a noise policy.
ADJOURNMENT:
At 12:20 a.m., Mayor Aitken adjourned the City Council meeting in memory of Richard Thompson and Maria T. Cao.
Respectfully submitted,
Theresa Bass, CMC
City Clerk