Anaheim City Council
December 17, 2024

ANAHEIM CITY COUNCIL
REGULAR MEETING OF MAY 7, 2024
The regular meeting of May 7, 2024 was called to order at 4:00 p.m. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on May 2, 2024.

MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Norma Campos Kurtz, Jose Diaz, Carlos A. Leon, Natalie Rubalcava, Stephen Faessel, and Natalie Meeks.

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:

Mike Robbins read the names of women who died on the streets of Orange County in March 2024. He encouraged the City Council to allow transitional housing for homeless women.

Jeannie Robbins spoke on the Grandma's House of Hope's lawsuit against the City. She noted that Grandma’s House of Hope is an organization that saves women from the streets. She expressed concern that the City Council opposes this organization because they did not provide enough campaign donations. She noted that Public Information Officer Mike Lyster cited neighborhood impact as the reason to contest this project yet the City Council voted to approve projects that will have a much larger impact on the neighborhoods of Anaheim including DisneylandForward and Short-Term Rentals. She urged the Council not to appeal the lawsuit.

Victoria Michaels, a 29-year Anaheim resident, spoke against Grandma's House of Hope. She encouraged the City Council to vote to appeal the court ruling on transitional support housing operators. She added cities including Anaheim should have the ability to control safety. She noted that she is not against helping people but that neighborhoods will be impacted by parking, noise, and the effects on children.

Pat Pebley spoke in opposition to the Grandma's House of Hope court ruling. She advised that at the time the business wanted to house 21 people for homeless and mental health services at the proposed facility and the City Council at the time voted against Grandma’s House of Hope.

She noted that neighborhoods are oversaturated with transitional homes. She added that elected officials are aware of the needs of the City and its residents. She referenced a quote from the presiding judge and noted the business is not a family home and should not be subject to the same regulations. She encouraged the City Council to appeal the Grandma's House of Hope court ruling and to consider asking other cities if they would like to join in a class action lawsuit against the state.

Card #4843 identified herself as Mary Dragieff, an Anaheim resident. She reported she lives next to two group homes one of which is Grandma's House of Hope, and spoke about her first- hand experience on the neighborhood impact of transitional housing. She asked that the recent court ruling be appealed by the city. She expressed support for trapping coyotes due to the high population and risk to pets.

City Council Minutes of May 7, 2024

Kenneth Batiste, an Anaheim resident, remarked that the Grandma’s House of Hope ruling is about curtailing homelessness. He noted the City has a responsibility to all its residents. He remarked that an Ombudsman should have been put in place for the homeless shelters. He noted that many unlicensed transition homes house seven (7) people or less and are private businesses filling in a gap in the community. He added any funds spent toward potential litigation could be applied to housing services. He encouraged the City to step up in this area.

CLOSED SESSION: At 4:16 p.m., Mayor Aitken 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: Grandma's House of Hope v. City of Anaheim et al., Orange County Superior Court Case No. 30-2022-01241823

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of California Government Code Section 54956.9): One potential case (A copy of the claim against the City is included in the agenda packet and available for review by contacting the City Clerk's Office and on-line electronically with the agenda at: https://anaheim.net/councilagendas .)
At 5:20 p.m., Mayor Aitken reconvened the Anaheim City Council.

MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Norma Campos Kurtz, Jose Diaz, Carlos A. Leon, Natalie Rubalcava, Stephen Faessel, and Natalie Meeks.

INVOCATION: Venerable Abbot President Bogolle Sumana, Sri Ratana International Buddhist Center
FLAG SALUTE: Mayor Pro Tern Norma Campos Kurtz
PRESENTATIONS: Introduction of new President and CEO of Visit Anaheim Michael Waterman, the new President and CEO of Visit Anaheim, reported he spent 26 years with Marriott. He unveiled his top 3 priorities for Visit Anaheim. He advised that the first includes restoring and elevating the Visit Anaheim brand. He acknowledged that there were mistakes made in the last couple of years. He apologized for those mistakes and assured the City Council they would not happen again. He announced that a new long-term strategic plan will be developed to elevate the visitor experience, quality of life for residents, and most importantly drive incremental revenue for the City. Lastly, he promised that Visit Anaheim would be a better partner, communicator, and collaborator, and would be transparent. He added it is the company’s responsibility to ensure that the public is aware of how remarkable Anaheim is to live, work, play, and visit.

Recognizing City Employee Retirees with 20+ years of service Mayor Aitken recognized Lieutenant Darrin Lee who served the community as part of the Anaheim Police Department for 23 years and provided a brief overview of his career. She noted he has been honored in his hometown of Chino Hills for his advocacy. She added he has City Council Minutes of May 7, 2024

served as the handler for Police Service dog Charlie, a trained therapy dog who comforts Police Department employees during times of need. She also recognized Alison Kott who served as an Assistant City Attorney for 24 years and served as in-house counsel for Anaheim Public Utilities (APU). She highlighted her work on APU’s Rates, Rules & Regulations. She presented the proclamations which were accepted by retirees Darrin Lee and Alison Kott.

Recognizing Servite High School Boys Soccer Team for winning CIF- Southern Section Division 1 Championship
Mayor Aitken congratulated the soccer team for their accomplishment. She noted it is the second championship in the school’s history. She presented the proclamation which was accepted by Servite High School Boys Soccer Team. Mayor Aitken added the team went on to win the State Championship.

Recognizing Anaheim Police Department for Finishing 7th Place in the 2024 Baker 2 Vegas 2024 Challenge Cup Relay
Mayor Aitken recognized the Anaheim Police Department for their 7th place finish out of 234 teams at the Baker 2 Vegas 2024 Challenge Cup Relay. She added the Baker Challenge is a 120-mile relay race through the desert and participating against other law enforcement teams.

The proclamation was accepted by Anaheim Police Department's Baker to Vegas Team.

ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):

Recognizing May 18, 2024, as Kids to Parks Day
Senior Program Specialist Kayla Saunders at Oak Canyon Nature Center accepted the recognition and thanked the City Council for the recognition. She reported Kids to Parks Day is celebrated on the third Saturday in May to connect kids and families to local parks and public lands. She provided a brief overview of Oak Canyon Nature Center’s programs including hikes, youth summer camps, and tours. She added the Community Services Department is dedicated to healthy living and encouraged Anaheim’s residents to participate in Kids to Parks Day or other community events including the Children’s Festival at Pearson Park. She added information on parks and recreation spaces is available at Anaheim.net/parks.

Recognizing May 13 - 19, 2024, as Bike to Work Week
Public Works Management Assistant Vanessa Esparza accepted the recognition and presented a brief overview of the events surrounding Bike to Work Week. She noted Bike Month aims to highlight the benefits of cycling as well as motivate individuals to adopt wholesome and eco- conscious mode of transportation. She noted the City is consistently finding ways to promote biking to work and bike safety. She added the community can take part in Bike Month by pledging with Orange County Transportation Authority (OCTA) or joining OCTA Bike Month rally on May 15.

Recognizing May 2024, as Mental Health Awareness Month
Benefits Manager, Khristin Vargas thanked the Mayor and City Council for the recognition. She explained mental health is a community concern that affects workplaces, families, and neighborhoods. She noted that with the proclamation, the City commits to fostering a workplace environment that prioritizes mental health awareness to promote understanding, empathy, and City Council Minutes of May 7, 2024

support. She added the City is dedicated to providing resources, education, and support to its employees.

ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items, except public hearings): 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 statement.

City Clerk Bass reported that a total of 59 public comments were received electronically prior to 3:00 p.m. [A final total of 61 public comments were received electronically, distributed to the City Council, and made part of the official records]. – See Appendix.

Jeanine Robbins reported that she is an original member of the People’s Homeless Taskforce which sued the City over the Brown Act violations regarding the sale of Angel’s Stadium. She acknowledged that they lost in court, however, she noted that everyone knows that the loss was due to perjury and corruption. She emphasized that they did not lose at all. She confirmed they stopped the sale of Angel Stadium, brought in the State and FBI to investigate, and the former Mayor was forced to resign and was arrested. She reminded the City Council that everyone is still being investigated. She noted that Item No. 03 should have been pulled for discussion. She reported that she compared the calendars of Joe Haupt Disney's lobbyist with those of Mayor Aitken, Council Members Kurtz and Diaz, and Deputy City Manager and Planning Director Ted White and they did not match. She criticized Mayor Aitken and Council Member Rubalcava for their behavior during the DisneylandForward public hearing. She encouraged the City Council to listen to residents during City Council meetings and all other meetings.

Mike Robbins, resident, spoke on the wages of Disney workers and reported that nearly 3 in 10 cast workers are experiencing home insecurity. He reported that 64% of cast members spent nearly half of their paychecks on rent, 33% of cast members experienced housing insecurity in the past year, and 42% of cast members had to miss work for medical treatment because they did not have enough sick leave. He noted that the City Council’s support of a company that does not pay a living wage is unfounded and misguided.

Georgia Price, resident, requested that the City Council pull Item No. 03 for a rehearing. She advised there was not a fair hearing and the public was deprived of their right to share their views on what was explained to be two separate public hearings and two separate votes but were combined into one. She advised that at the February 27, 2024, City Council meeting the public was informed that the public hearing for the abandonment of three street segments being requested by Disney would be held on April 16th after the public hearing for DisneylandForward.

She referenced the February 27, 2024 meeting where several Council Members requested clarification that it would be two separate hearings. She reported that Planning Commissioner Lucille Kring stated at the start of the Planning Commission hearing that Magic Way is an abandonment and that the Planning Commission has no authority with street abandonments.

She noted that many waiting outside left upon hearing Commissioner Kring’s comments even before the Planning Commission hearing began. She added that not holding two separate public hearings deprived the public of proper participation. She encouraged the City Council to grant a rehearing.

City Council Minutes of May 7, 2024

Ken Potrock, President of Disneyland Resort, thanked the City Council for their unanimous vote on April 16th in support of DisneylandForward. He added that the public feedback affirms the project’s mass appeal. He called upon the Council’s support in the final steps to approve DisneylandForward. He noted that he is thrilled for Disneyland Resort and Anaheim’s bright future. He thanked the City for partnering with Disney on this project that will impact generations to come.

Brandon Treakle, a Disney Cast Member, expressed support for the DisneylandForward project and noted that the expansion will give Disneyland new and exciting possibilities for guests.

Kenneth Batiste reminded the City Council and Cast Members that it was not Disney that raised their wages but the residents of Anaheim who passed Measure L that led to their pay raise. He noted that Measure L money is still tied up in court as Disney continues the legal fight. He expressed disbelief that Visit Anaheim touted transparency when they received $6.5 million of the City’s COVID-19 funds and then gave $1.5 million to the Chamber of Commerce. He remarked that DisneylandForward was already decided due to campaign contributions and inquired how much money Save Our Anaheim Resort (SOAR) has spent on the City Council’s votes.

Mark Richard Daniels remarked that Anaheim is the perfect Disney partner and conducted one of the greatest public presentations but noted that City staff did the heavy lifting except without the mouse ears and the t-shirts. He questioned how many on the City Council received campaign contributions from Save Our Anaheim Resort (SOAR) and other entities that belong to Disney. He inquired how much money Disney has contributed to Council Member Rubalcava’s recall campaign. He encouraged the City Council to pull Item No. 03 and approve the rehearing to evaluate the project further.

Wes Jones, a resident, encouraged the City Council to pull Item No. 03 for rehearing because the City Council never read the 17,000-page Environmental Impact Report (EIR) but simply took Disney's word. He referenced his remarks regarding how bad the 1996 resort bond deal was for the City which was discounted by Council Member Faessel and City Manager Vanderpool but noted that they were also big proponents of the sale of Angel Stadium before the FBI intervened. He remarked that he is in favor of DisneylandForward but thought the City Council should have done a better job in representing the residents’ interests. He expressed concern regarding the California Environmental Quality Act (CEQA) waiver and believes there will be no protection for residents.

Stephanie Mercadante reported that at the April 16, 2024 Council meeting, residents were denied adequate time to share their views. She advised that during the February 27th City Council meeting, staff stated that the public hearings for street closures would be separate from the DisneylandForward public hearing despite expectations that they would appear on the same City Council agenda. She noted that combining the hearings on April 16th reduced the time permitted to speak about street abandonments and the DisneylandForward project. She referenced the April 16th meeting and noted that numerous residents ran out of time before completing their thoughts and some residents were denied a reasonable opportunity to speak altogether. She advised that the City did not collect speaker cards until they entered City Hall which forced residents to stand in line for hours for fear of forfeiting their place in line. She admonished the City Council for failing to make accommodations for those with mobility issues.

She advised that none of the resident's complaints over the past weeks have been taken seriously or investigated. She admonished Council Member Diaz’s dismissal of her complaint against Deputy City Manager Ted White noting that Deputy City Manager White was a man of City Council Minutes of May 7, 2024

integrity. She noted she was ashamed to watch while residents implored the City Council for support and understanding on April 16th while Mayor Aitken and Council Member Rubalcava conversed together and posted online. She commented that the City Council is suppressing constituents' right to speak. Lastly, she noted that the City Council were willfully and grossly negligent in their duties during the April 16th vote.

Ted Watkins remarked that he has lived in Anaheim since 1971 and at his present address on Walnut Street since 1983 which is right across the street from the Disneyland multistory parking structure. He expressed concern regarding the reconstruction in the area and the resulting vehicle accidents. He expressed belief that the DisneylandForward project will only make things worse. He encouraged the City Council to consider residents’ concerns before finalizing the project. He noted that there will not be enough votes from Disneyland to re-elect Council Members come election time.

Vern Nelson encouraged the City Council to pull and approve Item No. 03 for a rehearing on DisneylandForward. He advised that it is untrue that the public has known about the project since 2021 and noted that most residents never heard of it until a few months ago. He remarked that the City Council has not seen the economic study used to justify the project and that they are acting in blind faith and obedience to Disney. He conceded that it was inevitable that DisneylandForward would be approved by the City Council. He remarked that he had hoped the City Council would have asked more probing questions and made more demands for the benefit of its residents and its treasury. He noted that public streets such as Magic Way do not be given to DisneylandForward. He advised that the people of Anaheim need Magic Way for daily travel.

He expressed concern that many residents opposing the project were unable to stay after 11:00 p.m. after pro-Disney speakers packed the Council Chambers. He expressed concerns regarding the health impacts of the nightly fireworks and the $30 million Disney is offering for affordable housing.

Marc Herbert referenced the City Council meeting on June 27, 2023, where City Manager Vanderpool spoke about the Five-Year Proposed Budget. He pointed out that City Manager Vanderpool spoke at that time about the fact that the City is in a structural deficit and is being nursed along with money from a COVID deficit bond that the City received. He referenced the findings from the Cal State University, Fullerton report only covered the benefits not the cost of DisneylandForward. He noted that environmental costs, housing costs, or other economic costs were not included as part of their study. He explained that the report was used as the basis to override the EIR which documented that the City was out of compliance in housing and environmental costs. He reported that Anaheim is short 9,000 units in low-income housing. He added individuals working for Disney would be classified as low-income. He advised that hoteliers who are having their Anaheim Tourism Improvement (ATID) funds collected may soon be joining the opposition.

Chad Kroeger reported that Disney has perfected the art of governance and living. He encouraged the City Council, on top of approving DisneylandForward, to hire Disneyland to govern the State of California.

Randy Lewis reported he is a resident and lives in the Pepperwood Complex. He encouraged the City Council to pull Item No. 03 for reconsideration. He referenced irregularities within the presentation and during the process based on some that had not been correctly communicated or were flat-out dropped. He reported that during the April 16th public hearing for DisneylandForward, it was revealed that the City had done its traffic count for Magic Way but the information was not made available to the public. He noted that the public had no way of City Council Minutes of May 7, 2024

knowing the study existed and was never allowed to review the data. the city of a when we go back and we look at the request for reconsideration. He reported that the City has adopted all DisneylandForward-provided studies as being true and accurate. He advised that independent appraisals were not ordered or completed by the City in violation of Council Policy 5.5. He referred to Item No. 24 and noted that the City ordered an independent appraisal for a street segment worth only $27,000 but skipped over that obligation for DisneylandForward. He advised that the City may have engaged in ex-parte communications with the applicant which was not made public. He referenced a letter from Disney to the City Council and noted that there had been no public disclosure of the idea of using ATID funds for affordable housing. He encouraged the City Council to pull Item No. 03 and approve the rehearing.

Cynthia Ward remarked that other public speakers have discussed the concerns she raised with Deputy City Manager White. She noted that he lent credibility to her complaints by providing a timeline that confirmed people were left outside for hours without having speaker cards collected. She expressed concern that when Mr. Potrock discussed the use of ATID funds for affordable housing at the April 16th meeting, that subject had not been disclosed on the agenda for discussion which represents a blatant violation of the State's Brown Act. She reported that it also revealed what she believes to be a hidden subsidy buried in the Development Agreement (DA) which, in exchange for the appraised value of the streets, Disney receives the rights to the roadways and exemption from any cost for the East-West connector. She advised that on April 16th, the public learned for the first time that the City Council has been planning to also tap into ATID funds for affordable housing costs. She explained that this leaves the potential for ATID to be tapped out before the East-West connector is approved leaving the project in need of an additional funding source. She further explained that this would be considered a tax exemption for economic development that should trigger California Government Code Section 53083 for the disclosure of subsidies. She advised that none of the agreements approved on April 16th included the documentation to comply with State law in this manner. She encouraged the City Council to pull Item No. 03 and allow the rehearing and reminded them that a consent vote is still a recorded vote to not rehear an issue that was brought forward by constituents.

Francisco Rosas reported his comments are for the District 4 representative, Mayor Pro Tem Kurtz. He inquired how much she was paid by SOAR to represent them since she was appointed and not elected by the residents of District 4. He advised that alone should warrant a recusal from voting on DisneylandForward along with all others under investigation. He cited the treatment City Council gave him, his wife, and District 4 residents as inexcusable, pathetic, and disrespectful. He commented that all residents have a say and their concerns should be heard. He noted that he does not have a problem with Disney expanding to continue their profit but considers residents’ concerns.

Adriana Perez Rosas expressed concern regarding the treatment the public received at the April 16th meeting. She reported that she had to wait five hours to be heard by the City Council. She expressed concern regarding the egregious contempt and disrespect shown to the residents, homeowners, taxpayers, and residents. She reported that residents were kept outside of the public building and were not given seats for protection from the elements. She noted that the City and City Council did not ensure adherence in support of the elderly and the disabled. She explained that the biggest violation of residents' rights was that the City Council Chamber were packed with protesting DisneylandForward advocates including hotel owners, restaurant owners, and union members who were not residents of Anaheim. She demanded the City Council pull Item No. 03 and approve a rehearing. She encouraged the City Council to prove that they do not serve Disneyland but the people of Anaheim. She noted that Mayor Pro Tem City Council Minutes of May 7, 2024

Kurtz does not represent District 4 and does not represent the people, the neighborhood, their values, and their interests.

Sandra Cazares encouraged the City Council to pull Item No. 03 and approve a rehearing. She reported that many of Anaheim’s residents are still trying to recover from the pandemic and the ads circulating about Disney providing $30 million for affordable housing is misleading. She advised that affordable housing is not affordable given that a two-bedroom apartment averages $2600 monthly. She acknowledged that things must evolve but there are other things to consider other than Disneyland. She encouraged the City Council to think about the youth and the Anaheim that they will inherit. She noted that the City Council needs to address housing issues, problems with the schools, and the loss of students and teachers, not just making sure Disneyland has a nice place for tourists.

Paul Hyek reported that he is going to recommend to the City Council and the County that the County run the homeless shelter program so that there is one set of rules for all the homeless shelters. He encouraged hiring shelter residents to help clean up and run the facility.

Ruben Soto reported that he adopted his daughter because he did not want her in the system.

He advised that he is homeless. He noted that in April 2017, 5.5 million non-custodial parents owed over $114 billion in past-due child support. He reported that as of March 2019, it is estimated that $10 billion in child support payments go uncollected every year. He noted that he can proudly say that he took care of his daughter even though he was homeless.

Reverend Father James Noble commended Mayor Aitken for her patience with public speakers running over time. He expressed concern regarding people with loud speakers outside of Disneyland proclaiming their hate of Christianity. He encouraged the City Council to reach out to the City of Torrance who have adopted an ordinance regarding amplifying sound. He noted it would make residents and visitors very happy. He remarked that the City’s homeless issues in the City are abominable. He encouraged the City to implement E-Verify in Anaheim which would allow those who want to be employed to find gainful employment. He announced that the City currently owes him $10,000 per week. He reported that on Palm Sunday at Saddleback Church violated United States Federal law Title 18 Section 13, Number 248, the access to a place of religious worship act with the blessing of Anaheim Police Department. He noted that it is not private property but quasi-public property. He advised that he would be filing a complaint.

Matthew Duncan reported that at the last meeting, he mentioned that the wildlife and animal rights organization known as People for the Ethical Treatment of Animals (PETA) requested that the California Fish and Game Commission prohibit local governments from contracting with private trappers to trap and kill coyotes on public land. He advised that Torrance, Anaheim, and Rancho Palos Verdes have coyote management plans that are described as barbaric indiscriminate, cruel, dangerous, inhumane, disturbing, and ineffective. He advised that this has exposed an alarming pattern in which the contracted private trapper is effectively allowed to conduct dangerous snaring activities throughout densely populated cities with little to no oversight by the city. He noted that given the harm and ineffectiveness of the lethal removal programs, the only person benefiting is the trapper.

Bryan Kaye reported that a gentleman from Anaheim First offered an apology for what happened with the company that he is a part of. He noted that he has not received any apologies from the City or City Council on behalf of the bad behavior of an Anaheim Police Officer. He noted that Council Member Faessel is worse than the officer because he is the authority figure who allows the bad behavior to continue. He encouraged the City Council to City Council Minutes of May 7, 2024

treat residents with respect. He noted that residents want to help the City council make wider decisions.

COUNCIL COMMUNICATIONS:

Mayor Aitken shared that she along with Council colleagues and staff had the honor of visiting the City's Sister City of Mito, Japan in late April. This was the City's second delegation visit to Mito in the past 20 years. The trip was made to promote cultural exchange as part of the SO- year Sister City relationship with Mito, and to promote Anaheim as a place to invest and to visit.

The trip started in Tokyo where they met with the Japanese Association of Travel Agents, one of the largest booking agencies for trips to Anaheim. From there they went to Mito, where they met with Mayor Yasushi Takahashi and other officials. In Mito, they had the chance to present an investment opportunity and share with them about opportunities available in Anaheim. She shared photographs of the trip including of Mito-Chan, Mito, Japan's mascot. She thanked the delegation from Mito for visiting Anaheim last year and for their amazing hospitality. Mayor Aitken highlighted and shared photographs of events she attended in Anaheim including the Zion Lutheran Church thrift store ribbon cutting ceremony and stated that Zion Lutheran Church has been active and doing good deeds in Anaheim for over 120 years. She attended the Cinco de Mayo Fiesta at La Palma Park and thanked City staff, Anaheim Police Department, Anaheim Fire and Rescue, Anaheim Public Utilities, Community Services, and OCTA for organizing the event. She thanked Public Utilities General Manager Dukku Lee for inviting her to the Honda Center on April 8, 2024 for the annual Water Conservation Student Poster Contest and the Anaheim Ducks for hosting the event. She noted that Anaheim students get the opportunity to present their artwork on water conservation.

Mayor Pro Tern Kurtz requested adjourning the City Council meeting in memory of 63-year District 4 resident Wilma Ellen Ast. Mrs. Ast passed away last month at the age of 104 and leaves behind a total of 34 grandchildren, great grandchildren, and great-great grandchildren.

She highlighted and shared photographs of events she attended. She noted that District 4 residents and businesses experienced a power outage that lasted several hours. She thanked Anaheim Public Utilities for working to restore power as quickly as possible including providing a generator for a resident who was concerned about not being able to heat her baby's formula.

Mayor Pro Tern Kurtz visited Tyrol Plaza for their springtime Door Decorating Contest and shared that she was reminded how precious life is and how quickly the community can change.

She explained that a murder-suicide occurred ten minutes after she left Tyrol Plaza, and the life of Ana Monterrosa was taken. She noted that Tyrol Plaza residents' resilience and kindness were highlighted in the face of tragedy and commended the community's ability to come together in a time of crisis. Mayor Pro Tern Kurtz thanked staff who volunteered to provide services to residents and the hotels and restaurants in the resort area who offered food to the residents.

Council Member Diaz highlighted and shared photographs of the trip to Mito, Japan. He stated that he, Council colleagues and staff were featured in the newspaper and news. He shared that he visited a Japanese water waste treatment plant and was amazed with how the space and architecture at the plant were optimized. He highlighted a photograph of Anaheim Way, a street in the City of Mito. While touring Mito with Mayor Yasushi Takahashi, he felt welcomed by all residents and delegates. He stated that seeing the American and Japanese flags displayed together gave him hope that one day Republicans and Democrats will shake hands again and work towards a common goal.

City Council Minutes of May 7, 2024

Council Member Faessel shared that he also visited Mito, Japan and through interpreters, discussed potential partnerships between the City of Anaheim and Mito, Japan. He requested adjourning the City Council meeting in memory of Diann Marsh. She led the historic preservation movement in Anaheim in the late 60s and early 70s. Through her efforts, the Carnegie Library and Kramer Building were recognized on the National Register of Historic Places. He also requested adjourning the City Council meeting in memory of Mike Reynolds who worked for Anaheim Public Utilities for 32 years. Council Member Faessel shared that in 1998, Mr. Reynolds recommended that he apply for an opening on the Public Utilities Board and that led to his 20 plus years of volunteer service. He attended the Paseo, Centrica, and Tiendita restaurant ribbon cutting ceremony at Downtown Disney and the Sycamore Junior High School Public Safety Academy graduation. He shared photographs of events he attended including the Rotary Club Balsam-Curtis neighborhood cleanup event. He along with Mayor Aitken, and Congressman Lou Correa attended the Zion Lutheran Church thrift store ribbon cutting ceremony. He also attended the Rio Vista PTA Health Fair. Council Member Faessel stated that he was unable to attend the Anaheim Cinco De Mayo Fiesta because he was visiting with his grandchildren but noted that his Council Aide attended the event.

Council Member Leon shared that the community gathered at the 2nd Annual Children's Day Fun Fair at Barton Park. It was a day filled with fun and a lot of resources. He thanked all the amazing partners, volunteers, and vibrant Anaheim community for making the event unforgettable. He thanked Congressman Lou Correa and Assemblywoman Sharon Quirk-Silva for attending the event, the District 2 team for their efforts in organizing the event, and Dr.

Downing and the Anaheim Elementary School District for all of their support and participation in helping make the event awesome for children in the community. He attended the Southern California Association of Governments 2024 Regional Conference General Assembly in Palm Springs. He connected with local and regional leaders to share and learn from each other regarding the future of mobility, housing, communities, the environment, the economy, and learn valuable information from a panel regarding local transportation in cities across the Southern California Region. He joined Council colleagues and staff in visiting Mito, Japan. They had the opportunity to tour some of Mite's facilities including their new City Hall and met with HIS International Tours which is Japan's second largest travel agency. He shared that he had the opportunity to highlight District 2's Little Arabia as an additional stop for people visiting Anaheim.

In collaboration with Supervisors Doug Chaffee and Vicente Sarmiento, he invited everyone to the Gun Buyback event on Saturday, May 11 at Brookhurst Community Center from 10:00 a.m. to 2:00 p.m. The program provides a safe and anonymous way for members of the community to surrender firearms that are no longer needed or wanted. In collaboration with Senator Tom Limberg, Council Member Leon invited everyone to the Community Health and Resource Fair on Saturday, June 22 at Loara High School. He stated it is a great opportunity to receive a variety of health screenings and valuable resources from local health agencies. Registration information will be available soon. Council Member Leon highlighted and shared photographs of University Veterinary Center and Teaching Hospital (UVC), the District 2 April Business of the Month. UVC provides exceptional care and is dedicated to the well-being of pets. They offer routine checkups and emergency care, and they are always ready to help. He congratulated Koftegi Turkish Gril, the April Restaurant of the Month. Koftegi is located off Brookhurst Street in Little Arabia. The new owners updated the menu with delicious family recipes bringing a taste of Turkey to West Anaheim. Council Member Leon requested adjourning the City Council meeting in memory of Anaheim Union High School District Trustee Anna Piercy. He stated he joined her family and the community in grieving her loss. Anna was an Anaheim Sister City Commissioner, educator, dedicated public servant, and Anaheim City volunteer. Her commitment to the Anaheim Union High School District, City of Anaheim, and Orange County community has City Council Minutes of May 7, 2024

touched the lives of countless individuals. He met her when he was a Student Ambassador with the Anaheim Union High School District.

Council Member Rubalcava thanked everyone who participated in the public comment process.

She highlighted and shared photographs of events in District 3 that she attended including the Storefront Improvement Project $26,000 check presentation for El Pollo Fino and Taco Boy.

She thanked Economic Development Director Sergio Ramirez and his team for bringing the initiative to Anaheim. She stated the storefront improvements not only help small businesses, but also help beautify the community. She announced that the Anaheim High School Girls Varsity basketball team is headed to the Section 7 tournament in Arizona in early June where the best teams get in front of college coaches. She also recognized Coach Vince Gomez, an Anaheim High School graduate who is a dedicated coach and motivates the athletes to go beyond the Anaheim high school experience. She thanked the sponsors who helped cover all travel expenses including local business owner and Anaheim High School graduate Paul Kott, former Assembly Member and Anaheim Mayor Tom Daly, Anaheim Police Association, and Safeco Protection Services. Council Member Rubalcava announced that District 3 will be providing three $1,000 scholarships for high school seniors in District 3. The scholarship opportunity will be open until May 17th and the winners will be announced on May 30th. She highlighted the End of Watch cycling team who rode in honor of fallen law enforcement officers.

The team started in Sacramento at the Peace Officers Memorial and will ride 631 miles to Anaheim. End of Watch partners with the Anaheim Police Survivors and Scholarship Fund in raising funds for families of law enforcement officers killed or who are severely injured in the line of duty. Since 2018, the Anaheim Police Survivors and Scholarship Fund has raised $62,500.

She noted that she will be requesting recognition for the team's 631-mile ride as well as fundraising on behalf of the families of fallen officers. Council Member Rubalcava welcomed a new resident to District 3, Skyler Smith. Skyler came into the world about two months ago and she has a beautiful blessing not only to her family but also to the residents of District 3 and Anaheim.

CITY MANAGER’S UPDATE:

City Manager Vanderpool noted that the Anaheim Police Department has re-opened the front counter at the East substation. The hours of operation are Monday through Friday, 9:00 a.m. to 4:00 p.m. The substation will be closed on Saturdays, Sundays, and City holidays. Services offered at the east substation include filing police reports, citation signoffs for Anaheim residents, and vacation home checks. City Manager Vanderpool welcomed the newest member of the Anaheim Police Department, Canine Odin. Odin and his handler, Officer Brett Klevos, recently graduated from the K9 Academy and are ready to serve the community. He invited everyone to join the Anaheim Workforce Connection on Saturday, May 11, 2024 for a youth job fair at the Muzeo from 9:00 a.m. to 4:00 p.m. Attendees interested in the career fair are encouraged to dress in interview attire and bring resumes. For information contact the Anaheim Workforce Connection at (714) 765-4350.

CONSENT CALENDAR: At 7:29 p.m., the Consent Calendar was considered with Council Member Rubalcava pulling Item No. 15 and Council Member Leon pulling Item No. 17 for separate consideration.

City Council Minutes of May 7, 2024

MOTION: Council Member Faessel 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 Mayor Pro Tem Kurtz. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0. Motion carried.

1. Receive and file minutes of the Library Board meeting of March 11, 2024, Public Utilities Board meeting of March 27, 2024, and the Senior Citizen Commission meetings of September 21, 2023, November 16, 2023, and January 18, 2024.

2. Approve recognitions recognizing Esperanza High School student, Ethan Larsen, as a Division 2 Fine Arts Finalist; Anaheim High School Student, Hector Lopez, as a Division 2 Media Arts Finalist; and Anaheim Ballet Student, Luna Rodriguez for representing Anaheim at the Youth America Grand Prix 25th Anniversary Gala.

3. Deny the request for a rehearing of the City Council's decision related to the public hearing held on April 16, 2024 that concluded with City Council action on April 17, 2024, approving entitlements associated with the DisneylandForward Project (DEV2021- 00069).

4. Ratify an extension of the current agreement with Galls, LLC, in an amount not to exceed $410,000 plus a 20% contingency, to provide uniforms and accessories for the Anaheim Police Department for the period beginning November 1, 2023 through May 7, 2024; award an agreement to Galls, LLC, in an amount not to exceed $961,313.07 plus applicable tax and a 20% contingency, for a one year period; authorize the Purchasing Agent, or designee, to exercise up to four one-year optional renewals, subject to available budget appropriations; and authorize the Purchasing Agent, or designee, to execute documents related to the agreement (Bid# 9777).

5. Award a purchase order to ConvergeOne, in the amount of $147,000.74 plus applicable sales tax, for a Dell Storage Area Network solution for the storing of camera surveillance footage at the Anaheim Convention Center; and authorize the Purchasing Agent, or designee, to execute documents related to the purchase order (Bid# 9774).

6. Waive the bidding and publication requirements of Council Policy 4.0 and award an agreement to Siemens Industry, Inc., in an amount not to exceed $77,699.91 plus a 20% contingency, for services related to the Siemens automated HVAC control system at the Anaheim Convention Center for a one year period; authorize the Purchasing Agent, or designee, to exercise up to two one-year optional renewals, subject to available budget appropriations; and authorize the Purchasing Agent, or designee, to execute documents related to the agreement.

7. Award a purchase order to Fujitec America, Inc., in the amount of $340,182 plus applicable tax, to replace 286 escalator steps at the Anaheim Convention Center; and authorize the Purchasing Agent, or designee, to execute documents related to the purchase order (Bid# 9781).

City Council Minutes of May 7, 2024

8. Approve an increase to the current Master Agreement with R.J. Noble Company, in the amount of $367,524 increasing the not to exceed amount to $1,200,000, to ensure sufficient funds throughout the agreement term for as-needed purchase of various asphalt concrete paving materials and dumping of construction debris; and authorize the Purchasing Agent, or designee, to execute documents related to the agreement.

9. Approve an increase to the current Master Agreement with Trillium USA Company, LLC, in the amount of $31,662 increasing the not to exceed amount to $91,245, to ensure sufficient funds throughout the agreement term for compressed natural gas fuel; and authorize the Purchasing Agent, or designee, to execute documents related to the agreement.

10. Award an agreement to Quinn Company, in an amount not to exceed $59,583.99 plus applicable tax and a 20% contingency, for the purchase of Caterpillar equipment repair parts on an as- needed basis for a one year period; authorize the Purchasing Agent, or designee, to exercise up to four one-year optional renewals, subject to available budget appropriations; and authorize the Purchasing Agent, or designee, to execute documents related to the agreement (Bid# 9768).

11. Waive the bidding and publication requirements of Council Policy 4.0 and award a purchase order to Econolite Control Products, Inc., in the amount of $86,200, for database analytics software subscription for a software maintenance agreement for the City's current Centracs system and a new Centracs Mobility Module to be used by Public Works Department, Traffic and Transportation Division for a two year subscription; authorize the Purchasing Agent, or designee, to exercise annual maintenance and support service renewals, subject to available budget appropriations; and authorize the Purchasing Agent, or designee, to execute documents related to the purchase order and software maintenance agreement.

12. Award the construction contract to the lowest responsible bidder, Asplundh Construction, LLC, in the amount of $15,707,990.43 plus a 10% contingency, for the Platinum Triangle Electric Line Extension Phase II 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), 15303(d), and 15304 of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.

13. Approve the Professional Services Agreement with seven consultants, each in an amount not to exceed $250,000 per Work Order Package with a total contract amount not to exceed $500,000 per contract year plus a 15% contingency for as needed extra services per consultant company, for as-needed grant writing and public outreach services to support the Design Services Section of the Department of Public Works each for a three year term with two one-year optional renewals; authorize the Director of Public Works to execute each agreement and to take the necessary actions to implement and administer the agreements; and authorize de minimis changes that do not substantially change the terms and conditions of the agreements, so long as such changes are determined to be de minimis by the City Attorney's Office [Blais & Associates, Inc.; California Consulting, Inc.; Evan Brooks Associates, Inc.; Ardurra Group, Inc.; OKS Associates; Kleinfelder Construction Services, Inc.; and McCormick- Busse, Inc.].

City Council Minutes of May 7, 2024

14. Approve the Professional Services Agreement with eight consultants, each in an amount not to exceed $250,000 per Work Order Package with a total contract amount not to exceed $1,000,000 per contract year plus a 15% contingency for as needed extra services per consultant company, for as-needed environmental services to support the Design Services Section of the Department of Public Works for a three year term with two one-year optional renewals; authorize the Director of Public Works to execute the agreements and take the necessary actions to implement and administer the agreements; and authorize de minimis changes that do not substantially change the terms and conditions of the agreements, so long as such changes are determined to be de minimis by the City Attorney's Office [Chambers Group, Inc.; ECORP Consulting, Inc.; FirstCarbon Solutions; Galvin Preservation Associates (GPA) Consulting; GHD, Inc.; Harris & Associates, Inc.; LSA Associates, Inc.; and UltraSystems Environmental, Inc.].

16. Approve an agreement with Baringa Partners LP, in an amount not to exceed $2,100,000 plus a 15% contingency for as-needed extra services, for project management services for implementation of the Energy Trading and Risk Management System Implementation and Integration Project for a 15-month term with two 12-month extension options to complete the services; and authorize the Public Utilities General Manager, or designees, to execute all related documents as necessary and take the necessary actions to implement, fund, and administer the agreement.

18. Approve Amendment No. 5 to Property Operating Agreement between the City of Anaheim and the Muzeo Foundation for the continued operations of the Muzeo, for an initial term of five years with an option to extend by an additional five-year term, and one additional three-year extension, making the Maturity Date June 30, 2037, which coincides with the year-end date of the Operating Agreement, and includes addition of consumer price index increases to the Line of Credit beginning with the second five-year term on July 1, 2029, and clarifies the matching funding sources of the Muzeo for the purpose of meeting the $250,000 matching fundraising requirement; and authorize the Director of Community Services to execute the agreement and to take the necessary actions to implement and administer the Agreement.

19. RESOLUTION NO. 2024-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM initiating proceedings for the annual levy of assessments in, and accepting an assessment engineer's report for, the Anaheim Resort Maintenance District (Fiscal Year 2024-25).

RESOLUTION NO. 2024-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to provide for an annual levy and collection of assessments in the Anaheim Resort Maintenance District, and setting a time and place for public hearing thereon (Public Hearing scheduled for Council Meeting of June 18, 2024).

20. ORDINANCE NO. 6572 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting amendments to the Disneyland Resort Specific Plan No. 92-1(Amendment No. 9 to the Disneyland Resort Specific Plan) (DEV2021-00069) [considered at the Council meeting of April 16, 2024, Public Hearing Item No. 14 and introduced at the conclusion of the Public Hearing on April 17, 2024].

City Council Minutes of May 7, 2024

ORDINANCE NO. 6573 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHElM approving and adopting amendments to Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 of the Anaheim Municipal Code and amending Ordinance Nos. 5377 and 5378, as previously amended (Amendment No. 9 to the Disneyland Resort Specific Plan) (DEV2021-00069) [considered at the Council meeting of April 16, 2024, Public Hearing Item No. 14 and introduced at the conclusion of the Public Hearing on April 17, 2024].

ORDINANCE NO. 6574 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting an amendment to the Anaheim Resort Specific Plan No. 92-2 (Amendment No. 17 to the Anaheim Resort Specific Plan) (DEV2021-00069) [considered at the Council meeting of April 16, 2024, Public Hearing Item No. 14 and introduced at the conclusion of the Public Hearing on April 17, 2024].

ORDINANCE NO. 6575 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHElM approving and adopting an amendment to Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 of the Anaheim Municipal Code and amending Ordinance Nos. 5453 and 5454, as previously amended (Amendment No. 17 to the Anaheim Resort Specific Plan) (DEV2021-00069) [considered at the Council meeting of April 16, 2024, Public Hearing Item No. 14 and introduced at the conclusion of the Public Hearing on April 17, 2024].

ORDINANCE NO. 6576 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Section 18.40.080 (Structural Height Limitations -Anaheim Commercial Recreation Area) of Chapter 18.40 (General Development Standards) of the Anaheim Municipal Code (DEV2021-00069) [considered at the Council meeting of April 16, 2024, Public Hearing Item No. 14 and introduced at the conclusion of the Public Hearing on April 17, 2024].

ORDINANCE NO. 6577 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the First Amended and Restated Development Agreement No. 96-01 by and between the City of Anaheim and the Walt Disney World Co. (renamed Walt Disney Parks and Resorts U.S., Inc. in 2009) and making certain findings related thereto (DEV2021-00069) [considered at the Council meeting of April 16, 2024, Public Hearing Item No. 14 and introduced at the conclusion of the Public Hearing on April 17, 2024].

21. Approve minutes of the City Council meetings of September 12, 2023 and September 26, 2023.

City Council Minutes of May 7, 2024

BUSINESS CALENDAR:

15. Approve the Animal Care Notice of Intent with the County of Orange, in an estimated cost of $5,282,185 plus a 10% contingency, for animal care and shelter services for the period of July 1, 2024 through June 30, 2025.

Deputy City Manager White reported that the item is the annual Notice of Intent between the City of Anaheim and the County of Orange for animal care and shelter services for the Fiscal Year. He advised that the City is eight years into a 10-year contract that will terminate in April 2026 for animal care services. He introduced Mark Dickinson who oversees the contract for the City and Orange County Animal Care Services Director Monica Schmidt.

DISCUSSION: Council Member Rubalcava remarked that it seems like a lot of money and understands that the City pays into the contract with other cities. She noted Exhibit B to the agreement includes a description of services provided. She inquired if there was an accounting record of how many of the complaints are attributed to Anaheim residents calling in for services.

Director of Orange County Animal Care Monica Schmidt reported that there is an accounting and each quarter the City receives a detailed report of services provided and where those calls for service come from. She advised that the City charges are 100% based on the City’s utilization of the services.

Council Member Rubalcava inquired if the amount is up to $5.2 million. Deputy City Manager White acknowledged that number is an estimate but there is typically only a small margin of error. He advised that $1.9 million is going towards the shared contribution to the physical building itself.

In response to Council Member Rubalcava, Ms. Schmidt clarified that the $5.28 million is for the service estimate only. She noted that if it is a $7.7 million total, then the allowance for the building pay-into is the difference between those two numbers.

Council Member Rubalcava reported that many residents in District 3 have issues with stray cats and inquired if they were included in animal control services. Ms. Schmidt explained that with animal care they focus on taking in sick, injured, or aggressive cats. She advised that there is not a leash law regarding stray healthy cats like there is for stray healthy dogs. She explained that they would take in any animals that were underaged or a nursing mom with kittens since they are considered at risk.

Council Member Rubalcava reported that District 3 residents are finding kittens and are looking to find homes for them. Ms. Schmidt advised that residents could call animal services or bring cats in over the counter as OC Animal Care has a robust fostering program. She noted they have fostered over 3,000 animals with the bulk of them being underaged kittens.

Council Member Rubalcava thanked OC Animal Care for their support at Family Mobile Resource Centers by providing free animal tags for dogs or cats and noted it is a hit with residents. Ms. Schmidt reported that as of mid-April over 800 tags have been provided free to community residents needing a tag.

Council Member Rubalcava inquired if there were opportunities for food for pets who are being fostered. Ms. Schmidt reported that OC Animal Care has a drive-thru pet pantry on the second Saturday of each month which is primarily funded through donations.

City Council Minutes of May 7, 2024

Council Member Leon requested a brief overview of how the City partners with OC Animal Care and if calls for service were made by Code Enforcement, APD, and Anaheim Fire & Rescue.

Ms. Schmidt reported that they all interact with OC Animal Care officers. She explained that once the call for service is made, officers would be dispatched as a priority call for a variety of needs. She explained that good Samaritans will also bring stray pets to the shelter.

Council Member Leon inquired if there was information on the OC Animal Care website that could be provided to the public. Ms. Schmidt explained that the City has a dedicated page on its website that redirects them to OC Animal Care for animal-related services along with information.

Council Member Faessel inquired if OC Animal Care still has a catch, spay/neuter, and return program. Ms. Schmidt explained that OC Animal Care has been given guidance that it is not legal to operate a Trap-Neuter-Release (TNR) program. She advised that staff is actively monitoring litigation that is happening around the state as well as in San Diego which could have an impact on the understanding of the Penal Code 597. She noted that they are also monitoring legislative efforts that could potentially see a change in the penal code as it sits today. She advised that they are looking for some resolution on the matter.

Council Member Diaz requested clarification on the dates of the drive-thru pet pantry. Ms.

Schmidt clarified that the drive-thru pet pantry is open on the second Saturday of each month from 8:00 a.m. to 10:00 a.m. at 1630 Victory Road, Tustin, CA 92782. She reported that last year OC Animal Care gave out over 86 tons of free pet food to feed nearly 9,000 pets in Orange County. She noted that residents do not have to qualify for assistance.

MOTION: Council Member Leon moved to approve the Animal Care Notice of Intent with the County of Orange, in an estimated cost of $5,282,185 plus a 10% contingency, for animal care and shelter services for the period of July 1, 2024 through June 30, 2025, seconded by Council Member Rubalcava. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0. Motion carried.

17. Approve the Energy Storage Agreement, in substantial form, with Roadhouse Energy Storage, LLC pursuant to which Roadhouse will design, construct, own, operate, and maintain a 300 megawatt (MW) battery energy storage system (Project) and sell to the City of Anaheim the Project's energy, capacity, resource adequacy, and associated attributes, for an approximate cost of $67,500,000 per year over a twenty-year delivery term; and authorize the Public Utilities General Manager, or designees, to (a) execute and deliver the agreement with any de minimis changes that, as determined by the City Attorney's Office, do not materially change the terms and conditions of the agreement; (b) execute and deliver amendments to the Agreement, inclusive of any costs that are contemplated by the agreement, and any documents necessary to carry out the transaction contemplated by the agreement, such as collateral assignment agreements, power scheduling agreements, and scheduling coordinator agreements; and (c) take the necessary actions to implement and administer the agreement.

Public Utilities General Manager Dukku Lee reported that this agreement is for a battery storage resource to help continue the City’s transformation towards environmentally friendly power supplies while being mindful of customer bills. He advised that State mandates require that Anaheim Public Utilities (APU) and all other utilities in California supply 60% of their power from renewable energy sources by 2030 and that power supplies be from carbon-free resources by 2045. He explained that solar and wind energy may not be available when it is needed so APU City Council Minutes of May 7, 2024

is seeking to include this battery resource to address gaps when there is too much or too little energy to support customers. He further explained that when there is too much energy in the middle of the day from abundant solar, it can be captured and put into the batteries. He noted that when there is insufficient solar energy or wind energy in the evening or when the sun is setting, the battery system can be used to provide its stored power.

General Manager Lee reported that a Request for Proposals (RFP) was released in Fall 2023 seeking renewable energy resources and energy storage solutions. He advised that one standalone battery-only proposal was submitted by NextEra Energy Resources, LLC (NextEra) which is a direct parent company of Roadhouse Energy Storage, LLC. He reported that an evaluation of the proposal was reviewed by APU staff along with an independent consulting firm to assess operating characteristics, access to transmission lines, and developer experience along with a detailed financial analysis. He advised that NextEra has completed similar battery storage projects for Southern California Edison, Pacific Gas & Electric, and Clean Power Alliance.

General Manager Lee reported that the proposal is for a developer constructed and maintained 300 Megawatt (MW) battery storage system located in Ontario in San Bernardino County. He explained, for context, that 300 MW is approximately 60% of the City's peak demand during the summer. He reported that the agreement includes performance guarantees since batteries degrade over time, requiring the developer to make improvements to meet the performance guarantees. He noted that safety is a major consideration for this system and the project would be required to meet national fire protection and local building codes.

General Manager Lee explained that the battery system would not only meet local needs but also meet the needs of the regional grid managed by the California Independent System Operator (CAISO). He advised that during a Flex-Alert when the system is stressed, when weather conditions reduce solar and wind, or if there is a wildfire affecting transmission lines, battery systems are called upon much like a peaker plant and support the regional grid and avoid rolling blackouts.

General Manager Lee reported that APU would recover its costs from corresponding wholesale sales and a reduction in the payments made to be part of the interconnected grid. He advised that the annual cost for the system is $67.5 million and noted that since the batteries do not produce energy, APU would also need to purchase energy when there is an abundance which is estimated at $3.5 million per year for a total of $71 million annually. He clarified that the financial benefits from having access to the wholesale energy market and the reduction in grid charges are estimated at $78 million resulting in a net benefit of $7 million annually. He explained that the $7 million could be used to invest in additional renewable energy projects to meet state compliance requirements.

General Manager Lee reported that this is a 20-year agreement with operations expected to start in 2027. He advised that if approved, the developer would initiate engineering designs, procurement, and permitting activities to meet the timeframe. He explained that this battery storage project will provide both local and regional grid support, help the City’s transition to more sustainable energy, and help keep customers' rates affordable.

DISCUSSION: Council Member Leon noted that this project will cost the City $71 million annually and inquired if the City is already spending $78 million somewhere else. General Manager Lee clarified that the $78 million is revenue. He explained that the energy storage City Council Minutes of May 7, 2024

would be dispatched as needed as part of the interconnected grid so the City would receive revenue to recoup costs which leads to a net benefit of $7 million.

Council Member Leon inquired how APU has budgeted for the costs. General Manager Lee explained that the timeframe is part of APU's Strategic Plan where in 2027, APU currently expends funds annually for currently receiving power from a coal plant in Utah which is tailing off in 2027. He noted that this proposed project fits nicely into the APU portfolio to make up the difference in the energy that can be utilized as part of the battery storage project.

In response to Council Member Leon, General Manager Lee confirmed that APU will make updates to the City Council as significant milestones are reached as well as to the Public Utilities Board.

Council Member Leon inquired if this would result in any rate hikes for residents. General Manager Lee explained that because it is a net positive variance, this project will help APU maintain rates and avoid any significant rate increases over time.

Mayor Pro Tem Kurtz inquired if the project was a result of a state mandate. General Manager Lee explained that APU does not have to buy a battery project because of state mandates but the City does have to buy more renewable power which is not always available when customers need it.

Mayor Pro Tem Kurtz inquired if the State supported its mandate with any funding. General Manager Lee reported that staff has investigated and there may be some grant funds available for the developer who has been asked to tap into all available resources. He explained that even if there were a grant to reduce the cost the City would still come out ahead.

MOTION: Council Member Leon moved to approve the Energy Storage Agreement, in substantial form, with Roadhouse Energy Storage, LLC pursuant to which Roadhouse will design, construct, own, operate, and maintain a 300 megawatt (MW) battery energy storage system (Project) and sell to the City of Anaheim the Project's energy, capacity, resource adequacy, and associated attributes, for an approximate cost of $67,500,000 per year over a twenty-year delivery term; and authorize the Public Utilities General Manager, or designees, to (a) execute and deliver the agreement with any de minimis changes that, as determined by the City Attorney's Office, do not materially change the terms and conditions of the agreement; (b) execute and deliver amendments to the Agreement, inclusive of any costs that are contemplated by the agreement, and any documents necessary to carry out the transaction contemplated by the agreement, such as collateral assignment agreements, power scheduling agreements, and scheduling coordinator agreements; and (c) take the necessary actions to implement and administer the agreement, seconded by Council Member Rubalcava. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0. Motion carried.

22. Receive a report on City regulations regarding political signs [Informational Item].

Deputy City Manager White reported that at the January 23, 2024, City Council meeting, Council Member Meeks requested an informational item on the City’s regulations regarding political signs. He advised that the presentation would provide an overview of the City’s regulations governing political signs in the city, as well as describe the City’s enforcement tools and practices.

City Council Minutes of May 7, 2024

Deputy City Manager White explained that in order to address potential safety concerns and maintain community aesthetics, the Municipal Code includes regulations that govern the size, location, and duration of political signs on private property and in the public right-of-way. He noted that these provisions aim to strike a balance between safeguarding First Amendment rights and addressing concerns such as safety hazards, visual clutter, and property rights.

Deputy City Manager White provided a brief overview of political signage size limits. He reported that the Municipal Code establishes maximum size dimensions of political signs at 32 square feet without the need to obtain a building permit. He advised that most often, the larger signs, often 8 feet by 4 feet, are seen in the form of banners, attached to walls, fences, or small freestanding posts. He noted that the most typical size political sign is the 18” by 24” “Lawn Sign.” He reported that larger signs are allowed, however, a building permit would be necessary, and the time and process required to obtain a building permit for a temporary sign is typically prohibitive.

Deputy City Manager White provided a brief overview of the placement of political signs. He explained that the Municipal Code also provides specific guidelines regarding the placement of political signs. He reported that at its most basic level, political signs are permitted on private property, and prohibited on public property. He advised that the prohibition of signs on public property is for both safety reasons, namely protecting visual intrusions that can create unsafe conditions for vehicles and pedestrians, as well as preventing visual clutter in the city’s rights-of- way, parks, and public spaces. He reported that political signs are permitted on private property if the persons wishing to place political signs on private property have received permission from the property owner and if the political signs comply with size, height, and location requirements related to “Line of Sight Triangles” at street intersections and commercial driveways. He explained that to ensure adequate visibility of on-coming pedestrians, bicyclists, and/or automobiles at street intersections, signs are not permitted within a 25-foot by 25-foot “Line of Sight Triangle”. He advised that at the intersection of private driveways and streets, the “Line of Sight Triangle” is 50 feet by 7 feet. He noted that within this triangle, no sign shall be greater than 24 inches high to ensure adequate visibility for automobiles exiting the property. Lastly, he advised that larger signs are allowed on other parts of the property.

Deputy City Manager White reported that the Municipal Code prohibits the placement of political signs in the public right-of-way, including public streets, medians, alleys, sidewalks, and trails.

He explained that the Municipal Code further prohibits signs from being affixed to any curb, utility or telephone wire, crossbar or pole, lamp post, traffic or parking control devices, hydrant, bridge, tree, bus shelter, or other object located within the public right-of-way.

Deputy City Manager White reported that political signs are subject to duration limits to prevent their indefinite display before and after election periods. He explained that signs must be removed within one hundred and twenty (120) days of placement or within thirty (30) days after the election. He advised that City employees are authorized to remove signs from the public right-of-way and/or public property. He noted that enforcement efforts are led by the City’s Code Enforcement Division, however, field employees from various departments that encounter signs during their normal course of work also routinely remove unpermitted signs. He advised that Code Enforcement staff also remove the sign(s) from the public right-of-way in response to complaints. He explained that at the time of removal of a sign from the public right-of-way, staff will mark a sign with the date and location of the removal which are then stored at a designated city facility for potential retrieval. He reported that candidates and their representatives may contact Code Enforcement to coordinate the retrieval of signs. He noted that signs that are not City Council Minutes of May 7, 2024

picked up during the campaign are stored until 30 days after the election before they are discarded.

Deputy City Manager White provided a brief overview of penalty provisions for signs in a public right-of-way. He explained that the Municipal Code includes penalty provisions for violations of the ordinance prohibiting signs in the public right-of-way, including the potential joint civil liability of the person or entity owning the sign and the person or entity responsible for affixing a sign in the public right-of-way for the reasonable cost of removal and storage of the sign(s). He further explained that the Municipal Code also provides for the levy of a fine in an amount as prescribed by State law. He acknowledged that these penalty provisions are rarely enforced but remain on the books to dissuade and prevent any potential egregious violations of the ordinance.

Deputy City Manager White reported that enforcement activities related to violations of the sign ordinance on private property are the responsibility of the City’s Code Enforcement Division. He explained that enforcement efforts on private property are complaint-based, and staff follows the escalating enforcement protocols provided by the municipal code. He advised that in practice when a complaint is received, code enforcement staff will attempt to contact the property owner and/or property manager to ascertain whether the political signs were authorized by the property owner and determine whether the signs meet the size and location restrictions in the Municipal Code. He advised that if a violation is observed, staff will request that the signs be removed by the property owner/manager. He further advised that if a property owner/manager is not available, staff follows established procedures to notify the property owner of the required action to correct the violation.

Deputy City Manager White reported that a review of Chapter 4.04.130 (Prohibition of Signs in Public Right-Of-Way), which was last updated in 1989, revealed some outdated terminology, including references to city departments and positions that no longer exist. He reported that the Municipal Code also provides for a reward system that could result in the payment of fifty ($50) dollars from the City to an individual who provides information resulting in the conviction of any person who violates the provisions contained in this section of the municipal code. He advised that future clean-up of this code section to update terminology and references, and potentially update out-of-date enforcement methods is warranted.

Deputy City Manager White reported that staff also reviewed the municipal codes of several Southern California cities related to political sign regulations. He noted that overall, staff found that Anaheim’s ordinance is similar to, and in line with, the regulatory framework and approach of a majority of cities in the region. He reported that no significant new tools or policies were identified as part of this review.

Deputy City Manager White reported that effective enforcement requires candidate and community cooperation and awareness of political sign regulations. He explained that currently, prospective candidates receive an informational letter discussing political sign placement regulations from the Planning Director. He advised that the City would undertake efforts to educate residents, candidates, and campaigns about the rights and responsibilities regarding political signage through outreach and informational materials. He remarked that by adhering to the provisions of the Anaheim Municipal Code, the City can ensure that political signage continues to play a constructive role in the democratic process while preserving the beauty and orderliness of the City.

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Council Member Meeks expressed appreciation for the information. She noted that she learned new things about political signage. She reported that people blatantly do not comply with the regulations. She advised that as the former Public Works Director, she knew what was meant by the public right-of-way and how to stay in compliance with her signage. She explained that she requested the informational item to better understand what other agencies were doing. She inquired if the dais would like to have a discussion on the enforcement of signage. She expressed interest in making the process more equitable. She expressed support for providing more education for complying with the line of sight and other requirements.

Mayor Aitken inquired if Independent Expenditures (IEs) or committees are required to acknowledge that they have received a copy of the regulations. City Clerk Bass responded that she provides information to candidates but not to IEs or committees.

Mayor Aitken inquired if the City proactively reaches out to the companies that provide political signage and or major political parties in the county to advise them of the rules or to offer to host staff from Code Enforcement to explain the regulations. Deputy City Manager White reported that staff has not as a past practice. Assistant to the City Manager Brittney Malenofski advised staff will reach out to companies who post signs promoting businesses and services that are out of compliance if they have good contact information, staff will contact the companies, remove all the signs, and issue a notice of violation. She added for political signs, she confirmed staff does not reach out.

Council Member Rubalcava inquired about the policy for political signs that are placed on stop signs that do not have the Fair Political Practices Commission (FPPC) required information on them. Deputy City Manager White reported that anything would be removed from the public right-of-way regardless of whether it had FPPC-required information.

Council Member Rubalcava inquired if there are City policies that nudge people to comply if there is an FPPC rule violation. City Attorney Fabela reported that there is no infrastructure for the City to follow up on potential FPPC rule violations. He noted that individuals can make complaints directly to the FPPC. Council Member Rubalcava remarked that it would be worthwhile for the City to provide contact information for the FPPC in its political sign regulation materials.

Council Member Meeks inquired if there are restrictions for removing non-political signs from the public right-of-way such as a garage sale sign. Assistant to the City Manager Malenofski reported that the Municipal Code designates City staff as those who can place and remove signs in the public right-of-way. She noted that it does not specifically state that a resident cannot remove the sign.

Council Member Meeks inquired about restrictions on political signs. Assistant to the City Manager Malenofski explained that it falls under the same portable sign code. Council Member Meeks inquired if there are additional penalties for repeat offenders. Deputy City Manager White explained that those provisions are in the books but are not regularly enforced but noted that it can be difficult to prove who owns the sign. He explained that the political signage happens in a short season and there are practical challenges for effective enforcement.

Council Member Meeks recommended that staff update the Municipal Code, review the penalties, and return to the City Council with recommended enforcement and education changes. She noted she would like to see local candidates and committees be made aware of the regulations. She emphasized that education is a key piece to compliance.

City Council Minutes of May 7, 2024

Mayor Pro Tem Kurtz recommended making it easier for residents to submit their complaints during the political season perhaps with something on the City’s website.

Council Member Leon expressed support for additional education for candidates but is opposed to more code enforcement staff for the short political season. He noted it is not the best use of City resources.

Council Member Diaz agreed with Council Member Leon’s comments and expressed support for education. He agreed that code enforcement should not be used for this purpose. He noted he does not want to be accused of political persecution.

Deputy City Manager White explained that there may be a way to have a multiplier effect by just reminding and educating the City’s field staff on their authorization on what they can and cannot remove regarding political signs.

Mayor Aitken inquired which other City departments are empowered to remove political signs.

Deputy City Manager White explained that all City employees are empowered to do so but in practice it is primarily Utilities, Public Works, along with the Parks Department removing signs.

Mayor Aitken agreed that educating City staff would be helpful.

Informational item; no formal action taken by the City Council.

PUBLIC HEARINGS:

23. CEQA CATEGORICAL EXEMPTION, CLASS 1
DEVELOPMENT APPLICATION NO. 2023-00011
PROJECT LOCATION: The approximately 0.81-acre property is located at 2125 - 2129 South Harbor Boulevard, approximately 300 feet south of Orangewood Avenue.

REQUEST: The applicant requests a determination of Public Convenience or Necessity to permit off-site sales of alcoholic beverages in an existing retail sales-general use that is incidental to and integrated with The Carriage Inn motel, an amendment to Conditional Use Permit No. 2725 to remove a condition of approval requiring a restrictive covenant on the property, and approval of an administrative adjustment for a 5% reduction in Code-required parking spaces.

ENVIRONMENTAL DETERMINATION: The City Council will consider whether to find and determine that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15300.2 (c) and 15301, Class 1 (Existing Facilities) of Title 14 of the California Code of Regulations.

ACTION TAKEN BY THE PLANNING COMMISSION:

Approved a Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption, an amendment to Conditional Use Permit No. 2725 to remove a condition of approval, and an administrative adjustment for a 5% reduction in Code-required parking and making certain findings in connection therewith (PC2024- 002). VOTE: 7-0 (Chairperson Kring and Commissioners Henninger, Castro, Lieberman, Perez, Tran-Martin, and Walker voted yes).
(Planning Commission meeting of January 17, 2024) Appealed by: Talab Ibrahim. [Continued from the Council meetings of February 27, 2024, Public Hearing Item No. 32 and March 26, 2024, Public Hearing Item No. 16; public comment period closed on February 27, 2024].

City Council Minutes of May 7, 2024

RESOLUTION NO. 2024-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying the appeal of the Planning Commission's decision and approving a Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption, an amendment to Conditional Use Permit No. 2725 to remove a condition of approval, and an administrative adjustment for a reduction in code-required parking and making certain findings in connection therewith (Development Application No. 2023-00011) (2125-2129 South Harbor Boulevard) [includes determination that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15300.2 (c) and 15301, Class 1 (Existing Facilities) of Title 14 of the California Code of Regulations].

Deputy City Manager White reported that this item was originally presented to the City Council at the February 27th meeting on an appeal of the Planning Commission’s decision to approve entitlements to permit off-site sales of alcoholic beverages in an existing retail use at The Carriage Inn Motel.

Deputy City Manager White reported that during the public comment period, the appellant, Talab Ibrahim, stated that the information presented concerning the number of rooms at The Carriage Inn Motel was incorrect. He advised that the City Council subsequently continued the item to allow staff time for additional research and site investigations. He noted that City staff verified that the number of existing motel rooms is 67 rooms which conflicts with the original entitlement of 51 rooms approved for the property.

Deputy City Manager White reiterated the project is located at 2125 - 2129 South Harbor Boulevard. He added the property includes the motel, a freestanding accessory commercial building occupied by Adventure Land, and associated parking. He reported that eleven (11) of the rooms were originally approved as 2-bedroom suites located across the 3 floors. He added each bedroom was designed to include a dedicated bedroom, sleeping area, and included an internal connection between the two rooms. He advised that each suite counted as one room for purposes of required parking. He explained that the approved building plans identify a single flat panel exterior door and two windows for each two-bedroom suite. He reported that a second exterior door was added to provide a direct connection to the exterior common hallway which occurred for each of the suites increasing the room count by 11. He noted that this modification likely occurred in the 1990s or early 2000s. He noted the increase was not by construction but rather adding exterior doors to the hallways.

Deputy City Manager White reported that the other five rooms came from the conversions of portions of the manager and owner’s units as well as storage areas. He reported that the Planning Commission when approving Conditional Use Permit No. 2725, added the condition that outside access to the manager and owner’s units be eliminated. He advised that the original floor plan for the manager’s unit directly below the first floor also complied with the condition of approval at the time of construction but has since been modified along with several storage areas. Lastly, he reported that a permit for accessibility upgrades to the site was approved in 2015. He noted that other than a re-roof permit in 2012, this was the first permit for work on the motel since the original construction in 1986.

Deputy City Manager White explained that due to an increase in parking stall width requirements to meet the accessibility code, it was determined that the site could accommodate 41 stalls after eliminating stalls that were previously striped in the drive aisles and required backup areas. He advised that recently, some of the non-Code compliant stalls have been City Council Minutes of May 7, 2024

added back to the site, however, as determined by the Parking Study conducted for the project, peak demand for on-site uses is 38 spaces.

Deputy City Manager White reported that the property owner, who is also the owner of The Carriage Inn Motel, has agreed to reduce the number of motel rooms to 51 rooms, consistent with the originally permitted number of rooms, and remedy the work that has been completed without the benefit of City permits. He advised that staff recommends two additional conditions to be added to the project. He reported that Condition No. 30 requires the property to become compliant within 180 days and Condition No. 31 restricts the commencement of the sale of alcohol until the property is returned to 51 rooms with a Code-compliant parking lot.

Deputy City Manager White reported that the Planning Commission determined that all the required findings could be made and approved the project with conditions of approval recommended by the Planning Department and the Anaheim Police Department. He advised that the additional recommended conditions of approval in the revised Council resolution will ensure that the property owner conducts the required restoration of the motel back to the originally approved condition within a timely manner and requires that the sale of alcohol shall not commence until that work is completed. He reported that staff recommends the City Council deny the appeal and uphold the decision of the Planning Commission approving the project with the findings included in the staff report and draft revised resolution.

DISCUSSION: Council Member Diaz noted that at the February 27th City Council meeting there were allegations that there were more rooms in operation than originally permitted, which turned out to be correct. He explained that Condition Nos. 30 and 31 require that the owner restore the property to 51 units to be able to sell alcohol.

MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2024-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying the appeal of the Planning Commission's decision and approving a Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption, an amendment to Conditional Use Permit No. 2725 to remove a condition of approval, and an administrative adjustment for a reduction in code-required parking and making certain findings in connection therewith (Development Application No. 2023-00011) (2125-2129 South Harbor Boulevard) [includes determination that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15300.2 (c) and 15301, Class 1 (Existing Facilities) of Title 14 of the California Code of Regulations], seconded by Council Member Meeks.

Mayor Pro Tem Kurtz recommended having the property go back to what is permitted, check on that work, and then have them come back for the license. Deputy City Manager White explained that would be the prerogative of the City Council to proceed with that. He explained that the process would be to deny the request and have the applicant reapply. Mayor Pro Tem Kurtz confirmed that is how she would prefer the applicant proceed.

Mayor Aitken inquired if the current property owner is a long-standing property owner. Deputy City Manager White explained that this was a new property owner who was not aware of the work that was done. He explained that the Transient Occupancy Tax (TOT) received reflects the 61 rooms accurately so TOT was properly received during this time.

City Council Minutes of May 7, 2024

Mayor Aitken agreed that there was no nefarious activity on behalf of the property owner and simply an oversight by the City. She also agreed that the second modification should be very thoughtfully withheld by the Planning Department until the work has been deemed completed by City staff. She expressed hesitancy about making the applicant restart the process because that would add to the City staff's time and cost.

Council Member Rubalcava requested that staff explain the policy for liquor stores within a certain mile radius and how many are within the area of the requested location. Senior Planner Amanda Lauffer reported that the number of licenses is managed through the Alcoholic Beverage Control (ABC) Department and advised that the City code does not have a restriction on the number of licenses or a separation between those but is based on population in the census tract. He advised that this census tract would be allowed to have two off-site licenses and there would be four with this license.

Council Member Rubalcava inquired about what would be needed for the City to approve the fourth license. Senior Planner Lauffer advised that the City would have to approve the public convenience or necessity.

Council Member Rubalcava requested that staff explain the demographics of this community.

She commented that the liquor store is likely relying on the surrounding community for business.

Deputy City Manager White advised that he does not have community demographic data. He reported that the property owner has conveyed to the City that this is being marketed to the tourist community within the resort area and based on the other products that they sell. He agreed these items would be available to area residents. He reported that there are multi-family residential areas immediately to the west of the property along with single-family neighborhoods.

Council Member Rubalcava commented that she is not in favor of adding liquor stores to communities that are already struggling, especially in areas that exceed State-recommended licensing. She requested Police Chief Armendariz to explain why APD approved the additional license. Police Chief Armendariz reported that APD’s job is not to provide approvals but to assess and provide recommendations based on the laws. He noted that APD provided additional safety recommendations as conditions of approval. He advised they look at the Reporting District and the number of alcohol sales in the area.

In response to Council Member Rubalcava, Police Chief Armendariz reported that the average response time for a Priority 3 including a disorderly conduct complaint is 30 to 40 minutes.

Council Member Rubalcava advised that she will be maintaining her vote of no on the item because she does not feel it is good for residents of the City who live in impacted communities.

In response to Council Member Meeks, Deputy Director of Planning and Building Heather Allen explained that based on the current code requirements the parking for the site is 46 spaces based on 51 rooms and the accessory commercial. She noted the site can accommodate 41 currently sized spaces without spots that are blocking circulation. She noted for the Administrative Adjustment, a parking study was conducted. She noted during peak demand there was a need for 38 spaces. She advised that the condition to restore the parking to this plan which is the approved plan of 2015 will get them to 41 spaces.

City Council Minutes of May 7, 2024

Council Member Meeks inquired if the 46 parking spaces were a requirement when the property was built or based on current requirements. Deputy Director Allen explained that it is based on current requirements. She advised that when the property was built with the variance that was authorized it was 47 parking spaces but based on today’s code, they could have 38 but will be utilizing 41.

Council Member Meeks expressed concern about the unapproved changes on the site but is willing to not admonish the current owner if it was recently purchased. She expressed concern about the operation and offered a friendly amendment to add a condition that the City inspect the property in two or three years to verify it is being operated in compliance.

Council Member Diaz requested clarification from Council Member Meeks if she would recommend two years or three years. Council Member Meeks confirmed three years.

AMENDED MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2024-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying the appeal of the Planning Commission's decision and approving a Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption, an amendment to Conditional Use Permit No. 2725 to remove a condition of approval, and an administrative adjustment for a reduction in code-required parking and making certain findings in connection therewith (Development Application No. 2023-00011) (2125-2129 South Harbor Boulevard) [includes determination that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15300.2 (c) and 15301, Class 1 (Existing Facilities) of Title 14 of the California Code of Regulations], including a condition of approval to inspect the property in three years to ensure compliance, seconded by Council Member Meeks.

DISCUSSION: Council Member Leon agreed with Council Member Rubalcava’s comment and noted that he would be voting no.

Mayor Pro Tem Kurtz requested clarification on the parking determination. Deputy Director Allen explained that with the original approval, a parking variance established the 47 parking spaces.

She advised that the current site plan was from 2015 when the current owner obtained permits to complete Americans with Disabilities Act (ADA) compliance upgrades. She noted as part of the current application there was a condition on the original project that limited the use of the commercial building to a wig store. She explained that the condition supported the granting of the variance. She further explained that by eliminating that condition, the variance was replaced with what is now on the books as an Administrative Adjustment which allows for a deviation of up to 20% if supported by a study. She noted that the site can support 41 instead of the required

46. She explained that the code requirements have changed over time and the parking for the free-standing store is an accessory retail use which has a smaller parking requirement than a retail store.

Mayor Pro Tem Kurtz requested confirmation that according to the census tract, this area should only have two liquor stores and this will be the fourth. Deputy City Manager White explained that ABC law only states that the City needs to act on a public necessity and convenience finding. He advised that it is not a prohibition but an additional layer of review.

Mayor Pro Tem Kurtz agreed with Council Member Rubalcava and Council Member Leon and noted that she does not think the public needs more convenience in purchasing alcohol in that area so she will be voting no.

City Council Minutes of May 7, 2024

Council Member Rubalcava requested clarification that voting no means not supporting the denial of the appeal. City Attorney Fabela confirmed that would be correct.

Mayor Aitken interjected that if the City Council agrees with the recommendation, then they should vote yes.

MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2024-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying the appeal of the Planning Commission's decision and approving a Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption, an amendment to Conditional Use Permit No. 2725 to remove a condition of approval, and an administrative adjustment for a reduction in code-required parking and making certain findings in connection therewith (Development Application No. 2023-00011) (2125-2129 South Harbor Boulevard) [includes determination that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15300.2 (c) and 15301, Class 1 (Existing Facilities) of Title 14 of the California Code of Regulations] including the condition of approval to inspect the property in three years to ensure compliance, seconded by Council Member Meeks. ROLL CALL VOTE: 4-3 (AYES: Mayor Aitken and Council Members Diaz, Faessel, and Meeks; NOES: Mayor Pro Tem Kurtz and Council Members Leon and Rubalcava). Motion carried.

24. Public hearing to consider the proposed vacation/abandonment of Short Street right-of- way lying northwest of Kellogg Drive southeast of the City boundary and abutting 5055 Short Street (Abandonment No. ABA 2023-00425).

RESOLUTION NO. 2024-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a segment of Short Street right-of-way lying northwest of Kellogg Drive southeast of the city boundary and abutting 5055 Short Street (Abandonment No. ABA 2023-00425).

Approve the Purchase and Sale Agreement with Dunbar Holdings Placentia, LLC (Buyer) for the sale of excess right-of-way from the City to buyer; authorize the Director of Public Works to execute the agreement and all necessary documents, including escrow documents required to close escrow; authorize the Mayor to execute the Quitclaim Deed; authorize the City Clerk to hold the recordation of the Resolution and Quitclaim Deed until authorized to record (total compensation of $27,700 payable to the City of Anaheim for the excess street right-of-way).

Public Works Director Rudy Emami reported that on November 28, 2016, the Planning Commission unanimously approved a request to rezone the buyer's property located at 5055 East Short Street from the "T" Transition Zone to the "RS-3" Single Family Residential Zone and approved a parcel map to subdivide the property into four single-family residences lots. He advised that subsequently, the City Council introduced an Ordinance finalizing Reclassification No. 2014-00275, rezoning the buyer's property. He explained that as a condition of approval for Parcel Map 2014-176 and before filling the map in the Office of the Orange County Recorder, the buyer was required to apply for an abandonment of this segment of Short Street, subject to City Council approval, to assemble it with the buyers abutting property.

Director Emami reported that this segment of Short Street proposed for abandonment is an unimproved right-of-way lying outside the ultimate. He explained that if vacated, the City would reserve a public utility easement over the entirety of the segment of Short Street right-of-way for City Council Minutes of May 7, 2024

the continuity of existing public easements lying within the buyer's abutting property. He advised that based on the foregoing, City staff has determined the right-of-way under consideration for abandonment is therefore considered to be excess right-of-way, unnecessary for present or prospective public street use within the contemplations of Sections 8324 (b) of the Streets and Highways Code.

Director Emami reported that an appraisal of the segment of Short Street was conducted by Sharon A. Hennessey, MAI, a duly authorized appraiser retained by the City. He reported the buyer will compensate the City fair market value of the excess street right-of-way for $27,700.00. He noted that at the close of escrow, the payment will be deposited into the City’s General Fund.

At 8:51 p.m., Mayor Aitken opened the public hearing.

Marc Herbert expressed concern that we can always do better with the public hearing process and noted that the City can do better with public engagement. He presented a video on City Council behavior during public comments. He noted that there is an echo and will wait until the issue is corrected to continue. City Attorney Fabela interjected that the City Council could hear Mr. Herbert and nothing was preventing him from continuing with his comments.

Stephanie Mercadante noted that the City paid for and provided the appraisal for the item but Disneyland paid and provided the appraisal for the DisneylandForward project. She inquired about the actual policy on appraisals and encouraged the City to have consistent policies on the appraisals.

Wuodarek reported that he studied land law at the University of London. He expressed his belief that it is too early to approve a vacation of public land because the land is very vital and should be utilized for its intended purposes. He encouraged the City Council to vote no on the item.

At 9:00 p.m., Mayor Aitken closed the public hearing.

Council Member Meeks moved to approve RESOLUTION NO. 2024-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a segment of Short Street right-of-way lying northwest of Kellogg Drive southeast of the city boundary and abutting 5055 Short Street (Abandonment No. ABA 2023-00425) and approve the Purchase and Sale Agreement with Dunbar Holdings Placentia, LLC (Buyer) for the sale of excess right-of-way from the City to buyer; authorize the Director of Public Works to execute the agreement and all necessary documents, including escrow documents required to close escrow; authorize the Mayor to execute the Quitclaim Deed; authorize the City Clerk to hold the recordation of the Resolution and Quitclaim Deed until authorized to record (total compensation of $27,700 payable to the City of Anaheim for the excess street right-of-way), seconded by Council Member Leon. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0. Motion carried.

REPORT ON CLOSED SESSION ACTIONS:

City Attorney Robert Fabela announced that for Closed Session Item No. 1, the City Council voted 7-0 to appeal the judgment issued in the case of Grandma's House of Hope versus the City of Anaheim.

PUBLIC COMMENTS (non-agenda items): None
City Council Minutes of May 7, 2024

COUNCIL AGENDA SETTING:

Mayor Aitken noted that Council Member Rubalcava requested to agendize a recognition for the End of Watch Ride.

Council Member Leon requested to agendize a recognition of the Gilbert High School Sports Intervention Program and a request to reschedule the August 6, 2024 City Council meeting to August 13, 2024.

Council Member Faessel requested to agendize a recognition for District 5 resident Maryanne Rogers' Centennial Birthday on July 27, 2024.

Council Member Rubalcava requested to agendize an update on the Hotel Worker Protection Ordinance regarding implementation and compliance, and a discussion on stronger eviction policies regarding no cause evictions, no cause eviction during school years for families with children, longer notification periods, relocation fees, and the return of security deposits.

Council Member Meeks requested a Proclamation for Toastmasters International Week and centennial celebration in August of this year.

ADJOURNMENT:

At 9:05 p.m., Mayor Aitken adjourned the City Council in memory of Diann Marsh, Michael Thomas Reynolds, Wilma Ellen Ast, Ana Monterrosa, and Anna Piercy.

Respectfully submitted,
Theresa Bass, CMC
City Clerk