Anaheim City Council
February 11, 2025

ANAHEIM CITY COUNCIL
REGULAR MEETING OF JULY 23, 2024
The regular meeting of July 23, 2024 was called to order at 3:01 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 July 18, 2024.

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

Council Member Natalie Rubalcava joined the meeting during Closed Session.

STAFF PRESENT: City Manager Jim Vanderpool, Chief Assistant City Attorney Kristin Pelletier, and City Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION: None
CLOSED SESSION: At 3:01 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: City of Anaheim v. Splinter Investment, Inc., et al., OCSC Case No. 30-2023- 01350225-CU-OR-CJC

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957 (b) (1) of the California Government Code) Title: City Manager and City Clerk

3. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organizations: City Manager and City Clerk At 5:08 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: Pastor Tim Eaton, Zion Lutheran Church
Council Member Rubalcava thanked all of the veterans who have served the country and the veterans in attendance.

FLAG SALUTE: Council Member Natalie Rubalcava
City Council Minutes of July 23, 2024

PRESENTATIONS: Recognizing Mary Ann Rogers for turning 100 years old on July 27th Mayor Aitken recognized Mary Ann Rogers who will be celebrating her 100th birthday. She highlighted her service in the Marines and her life in Anaheim. She presented the proclamation which was accepted by Ms. Rogers.

Recognizing the 69th Birthday of Disneyland, July 17, 2024 Mayor Aitken highlighted Disneyland as an asset to the City. She noted Disneyland brings in 27 million visitors to the City which helps fund City services. She noted Disneyland is offering Anaheim residents $69 tickets and can visit the Disneyland website for additional details. She presented the proclamation which was accepted by Disney Ambassador Jada Young and Disney VoluntEARS.

Ms. Young thanked the City for the recognition. She reiterated that Disneyland is offering Anaheim residents $69 tickets and hopes residents and neighbors can join to celebrate.

Recognizing East Anaheim Little League’s 11U, 12U, and Junior Division 14U for winning the District 46 Championship in their respective divisions Accepted by East Anaheim Little League Champions
Mayor Aitken congratulated the teams on their championships and presented the proclamation to the East Anaheim Little League’s 11U, 12U, and Junior Division 14U players.

Recognizing the City of Anaheim’s 2024 Employee VIPs
Mayor Aitken reported each year, employees have the opportunity to nominate their colleagues for Employee VIP awards and are recognized during the City’s Annual Employee Appreciation Picnic.

She thanked the employees their hard work and dedication to the City. She introduced City Manager Vanderpool to present the recognitions.

City Manager Vanderpool recognized the awardees not in attendance, Byron Adams (Community Services), Elena Camacho (Finance), Chris Morales (Human Resources), Kerrstyn Vega (Police), and John Sutphin (Public Works).

City Manager Vanderpool recognized the awardees in attendance, Ruby Barrameda (City Administration), Leonie Mulvihill (City Attorney’s Office), Blake Carri (City Clerk’s Office), Julia O’Brien (Convention, Sports, and Entertainment), Darrell Chin (Economic Development), Tina Oliva (Fire & Rescue), Jonathan Nguyen (Housing and Community Development), Victoria Ticorat (Planning and Building), and Bryan Vargas (Public Utilities).

Recognizing the 2023 Anaheim Mills Act Recipients
Mayor Aitken reported in December 2000, the City started a program to encourage the preservation of historic homes where owners can apply for a potential property tax reduction in exchange for the rehabilitation and preservation of their properties. She noted over the years the City has assisted hundreds of property owners with transformative results. She added that the City has one of the largest Mills Act programs in the State.

Senior Planner Amanda Lauffer reported the City has approximately 1,500 historic properties mostly located in the Downtown area. She added, in addition to the seven (7) recipients, the City has just City Council Minutes of July 23, 2024

under 410 Mills Act properties, the third largest number in the State. She presented the proclamations to the seven (7) 2023 Anaheim Mills Act Recipients.

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

Recognizing August 2024, as American Muslim Appreciation and Awareness Month
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 7 public comments were received electronically prior to 2:00 p.m. [A final total of 10 public comments were received electronically, distributed to the City Council, and made part of the official records]. – See Appendix.

Paul Hyek recommended for Item No. 08, the acquisition of the Kettle Motor Hotel, that it is a turnkey operation. He suggested that local college students participate in the remodels. He noted the County is purchasing a hotel in Costa Mesa for a turnkey operation.

Victoria Michaels expressed concern regarding Item No. 6 that the City will be paying $220,962 to an entity to provide emotional and practical support to victims of traumatic events and their families when large sums of money are being paid to City Net. She recommended that the City review the contract with Republic Services due to an issue she had with having a leaky dumpster replaced. She thanked Mark McGee for being able to resolve that issue and also thanked Public Works Director Rudy Emami for his service.

Ruben Greg Soto expressed his stance against drugs and drinking and blamed society and liquor stores for ongoing issues.

Cecil Jordan Corkern announced he had completed a report of Disney’s rules and regulations. He commented on the security at Disney and expressed concerns about firefighters who lost their lives in a brush fire.

DeeDee Miranda, a candy maker at Disneyland, encouraged the City Council to support a fair and livable wage for Disney cast members and encouraged them to ensure that Disney bargains in good faith.

Anthony Barajas, an 18-year employee at Disneyland encouraged the City Council to support a union contract that employees can be proud of. He noted the cast members provide the experience to visitors and can barely make a living wage.

Frank Rios, a 30-year cast member at the Disneyland Resort, encouraged the City Council to support a fair and livable wage and Disney is not providing that for their employees. He noted that recently hired individuals are being paid nearly the same wage as senior cast members. He thanked the City Council for their time.

City Council Minutes of July 23, 2024

Radda-Bai reported that he was attacked and battered in front of Disneyland and a police officer never arrived. He announced that he was supporting Disney employees when he was attacked by Anaheim police officers who were impersonating FBI agents.

Adam Overton, a faith-rooted organizer with Clergy and Lady United for Economic Justice (CLUE), expressed support for the 13,000 Disneyland workers who are in negotiations with Disney executives to pay them livable wages and give them respect. He noted Disney employee's dedication is unmatched while executives continue to receive wage increases. He added his hope is that the negotiations are resolved before a strike is initiated. He encouraged the City Council to stand with Disneyland workers by urging Disney executives to do the right thing and respect their workers.

Cynthia Carranza, a 6-year Disney cast member, and a member of the SEIU United Service Workers West, stated that cast members make the magic happen while the City and Disney profit. She noted that 3 out of 10 cast members face food insecurity and 33% face housing insecurities. She noted the employees are ready to use any tools at their disposal including a strike. She encouraged the City Council to support Disney employees in their fight for a fair and livable wage.

Wendy Lewis reported that she and her son became homeless last year and noted that the only place that helped them was City Net. She noted that she was recently advised that the U.S. Department of Housing and Urban Development (HUD) is out of money and expressed concern about becoming homeless again and having no future for her son. She encouraged the City Council to develop backup plans for people who are at risk of becoming homeless again.

Matthew Duncan referenced the Fish and Game Commission and the People for the Ethical Treatment of Animals (PETA) proposal to ban killing coyotes in gas chambers and ban trapping coyotes on public land. He noted both proposals would impact Anaheim. He remarked that killing animals in a gas chamber is not humane euthanasia and those who support it should be embarrassed.

Francisco Rosas expressed support for the Disney cast members in attendance. He noted that the City Council helped to create the homeless issue because they approved 156 housing units in DisneylandForward of which none are affordable housing units. He noted he has been before the City Council multiple times requesting that something be done about affordable housing and the increasing rents.

Bryan Kaye encouraged the City Council to pay attention to some of the bad things about Anaheim because if they are not acknowledged, they will never be corrected. He noted that the public comes to the City Council to talk about important issues. He invited the City Council to respond to communications with constituents.

Luis Aleman, representing the Orange County Labor Federation, reported that Disney is reaching a deadline for its labor negotiations and 99% of union members voted in favor of going on strike. He emphasized that members are ready to voluntarily forego a paycheck to ensure that Disney understands that they need a living wage. He applauded the City Council for approving the DisneylandForward project but noted that the economic boom that comes with the expansion must include an equal boom for Disney workers. He encouraged the City Council to support an offer that supports dignity and respect for Disney cast members. He noted that cast members request a living wage to ensure Disneyland and Anaheim keep moving forward.

Marc Herbert reported the WiFi password has been posted. He noted that the WiFi password should be posted in a permanent place at every meeting. He reported there have been six meetings with the City Council Minutes of July 23, 2024

Anaheim Angels and members of the City Council since March 2024. He noted that the residents need to know what is happening with the City and Angel Stadium. He referenced Item No. 12 and noted there are no affordable housing units. He reported that the 500-unit proposal in Deer Park in Anaheim Canyon also has no affordable housing units. He encouraged a gate tax to help with affordable housing in Anaheim.

Olivia Hurtado, a resident at Rancho La Paz Mobile Home Park, reported that the owner, John Saunders, has significantly increased the space rent for residents. She advised that most residents are seniors who have a fixed income and cannot meet those increases. She encouraged the City Council to assist with this issue.

Jeanine Robbins expressed concern that the City Council was easily influenced for DisneylandForward project. She advised that the cast members are not happy and most likely will be striking as they are severely underpaid for the jobs they perform. She remarked that the City Council should have forced Disney to solve its current problems before approving an expansion. She reported that there is not only an extreme shortage of affordable housing but low and very-low-income housing which may be due to a lack of a housing mandate for developers who may have provided large campaign donations to City Council candidates. She cited a need for rent control, an increase in crime due to staffing shortages, and drug use in the parks.

Without objection from the City Council, Mayor Aitken took the meeting out of order and considered Public Hearing Item No. 11 at 6:27 p.m.

PUBLIC HEARING:

11. DEVELOPMENT APPLICATION NO. 2020-00204
ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) NO. 331 AND MITIGATION MONITORING PROGRAM NO. 137 ADOPTED FOR FEIR NO. 331 MITIGATION MONITORING PLAN NO. 389
TENTATIVE PARCEL MAP NO. 2022-160

CONDITIONAL USE PERMIT

GENERAL PLAN LAND USE ELEMENT AMENDMENT
AMENDMENT NO. 4 TO THE MOUNTAIN PARK SPECIFIC PLAN (SP NO. 90-4) ZONING CODE AMENDMENT (CHAPTER 18.112) – SP NO. 90-4
APPLICANT/OWNER: Tim Deutsch, Orange County Cemetery District, 25751 Trabuco Road, Lake Forest, CA 92630
PROJECT LOCATION: The approximately 283-acre property is located southeast of the State Route 91/Gypsum Canyon Road interchange, at the terminus of Santa Ana Canyon Road.

REQUEST: The applicant requests approval of a Tentative Parcel Map and Conditional Use Permit to construct and operate a cemetery use. Parcel 1 and Parcel 2 would be approximately 126 and 157 acres, respectively. Parcel 1 would be developed as a public cemetery to be owned/operated by the Orange County Cemetery District. Parcel 2 is being proposed as a Veterans Cemetery in collaboration between the applicant and the California Department of Veterans Affairs (CalVet). The request also includes amendments to the General Plan Land Use Element, Mountain Park Specific Plan No. 90-4, and Zoning Code.

ENVIRONMENTAL DETERMINATION: The City Council will determine whether the Addendum to the Previously Certified Final Environmental Impact Report (FEIR) No. 331 and Mitigation Monitoring Program No. 137 (MMP 137) adopted for FEIR No. 331 and Mitigation Monitoring Plan No. 389 (MMP 389), together are the appropriate environmental City Council Minutes of July 23, 2024

documentation for the proposed project and adopt the Addendum and MMP 389 for the proposed project.

ACTION TAKEN BY THE PLANNING COMMISSION:

Recommended City Council approval of Development Application No. 2020-00204 and approved Resolution Nos. PC2024-015 (recommending City Council determine the Addendum to FEIR No. 331 and MMP 137 adopted for FEIR No. 331 and MMP 389, together are the appropriate environmental documentation for the project), PC2024-016 (approving Tentative Parcel Map No. 2022-160), and PC2024-017 (recommending City Council approve and adopt proposed General Plan Land Use Element Amendment). VOTE: 6-0 (Chairperson Kring and Commissioners Castro, Kelly, Lieberman, Perez, and Tran-Martin voted yes; Commissioner Walker absent). (Planning Commission meeting of June 17, 2024) RESOLUTION NO. 2024-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting an addendum to the previously certified Environmental Impact Report No. 331 and Mitigation Monitoring Plan No. 389 (MMP 389), and determining that said addendum and MMP 389, together serve as the appropriate environmental documentation for the Gypsum Canyon Cemetery Project (DEV2020-00204).

RESOLUTION NO. 2024-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Parcel Map No. 2022-160 and making certain findings in connection therewith (DEV2020-00204).

RESOLUTION NO. 2024-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Conditional Use Permit to construct and operate a cemetery use and making certain findings in connection therewith (DEV2020-00204).

RESOLUTION NO. 2024-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (DEV2020-00204).

ORDINANCE NO. 6586 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting an amendment to the Mountain Park Specific Plan No. 90-4 [Amendment No. 4 to the Mountain Park Specific Plan) (DEV2020- 00204)].

ORDINANCE NO. 6587 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 18.112 (Mountain Park Specific Plan No. 90-4 Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code [Amendment No. 4 to the Mountain Park Specific Plan) (DEV2020-00204)].

Deputy Director of Planning and Building Heather Allen reported that the item is a request for the entitlement for the Gypsum Canyon Cemetery Project. She noted that the Planning Commission unanimously recommended approval of the project with one member absent at its June 17th meeting.

She explained that the cemetery project is proposed on property located within the Mountain Park Specific Plan, which was originally approved in 1991, amended in 2005, and covers an approximately 3,000-acre area in Gypsum Canyon.

Deputy Director Allen reported that the Specific Plan identified 11 development areas that were intended for residential, institutional, and open space land uses in 2014. She explained that rather than implementing the Specific Plan, The Irvine Company conveyed the property plan for residential units to the County of Orange to expand their regional park system for conservation and recreation purposes. She added that Specific Plan Development Areas 1 through 4 and Development Area 7 City Council Minutes of July 23, 2024

were encumbered in the transfer with the conservation easement to be held by the Orange County Parks Foundation. She noted that Development Area 5 was donated without use restrictions.

Deputy Director Allen reported that in 2019, Development Area 5 was deeded by the County to the Orange County Cemetery District for use as a cemetery. She noted that Development Area 5 is an approximately 283-acre property located immediately southeast of the Gypsum Canyon Road interchange for the 91 Freeway at the terminus of Santa Ana Canyon Road. She noted that the property is vacant, undeveloped, and is surrounded by open space to the east, south, and west. She reported that the site previously operated as a sand and gravel mining operation that ceased operations in 2004.

Deputy Director Allen explained that Development Area 5 is designated for low, and medium- residential land uses in the General Plan. She noted that the project includes a request for a Tentative Parcel Map to subdivide the property of Development Area 5 into two new parcels and a Conditional Use Permit (CUP) to develop and operate a cemetery use. She noted that the request also includes amendments to the General Plan Land Use Element, Mountain Park Specific Plan, and Zoning Code to accommodate the cemetery use. She explained that the proposed project would not rezone Development Area 5 and would not eliminate the Mountain Park Specific Plan. Lastly, she explained that the project includes a required Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA) guidelines.

Deputy Director Allen reported that under the proposal, Parcel 1 would be an approximately 126-acre site owned and operated by the Orange County Cemetery District. She noted that Parcel 2 would be approximately 157 acres and is proposed as a Veteran’s Cemetery in collaboration with CalVet. She explained that following initial grading to establish the pads, each cemetery would be developed in an approximately 10 to 20-acre increment on an as-needed basis for internment.

Deputy Director Allen reported that access to the site is from Gypsum Canyon Road at Santa Ana Canyon Road with a loop road within the property to provide access to both parcels. She noted that the cemeteries will be open daily for visitation from 8 a.m. to 5 p.m. with burial services limited to the hours of 8:30 a.m. to 1:30 p.m. She added that up to four burial services on weekdays and three on Saturdays would be scheduled for each cemetery during designated time slots to avoid overlapping with other burial services in the respective cemetery. She reported that no services will be held on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. She noted that special activities may occur on Memorial Day and Veterans Day at the Veterans Cemetery portion of the property.

Deputy Director Allen reported that proposed improvements to both parcels include bridge crossings over Gypsum Creek, roadways for vehicular circulation and parking, administrative buildings, maintenance facilities, committal shelters, landscaping, and utility infrastructure. She noted that there would be no wakes or cremation services provided on-site. She added that the public cemetery would provide approximately 405 parking spaces and the Veterans Cemetery would provide at least 359 spaces. She explained that both parcels are designed with parking near the administration buildings as well as along the internal roadways and each provides a surplus of parking using data from three different cemeteries including El Toro Memorial Park, Santa Ana Cemetery, and Riverside National Cemetery.

Deputy Director Allen reported that the project requires an amendment to the General Plan Land Use Element because the project is located within an area that has specific density limitations associated with the Mountain Park Specific Plan. She noted that the project also includes amendments to the City Council Minutes of July 23, 2024

Mountain Park Specific Plan and associated Zoning Codes section to add a cemetery and associated infrastructure as a permitted use in Development Area 5.

Deputy Director Allen explained that when an EIR has been previously certified for a project, CEQA includes a strong presumption against requiring any further environmental reviews. She reported that CEQA guidelines establish the circumstances when a subsequent or supplemental EIR needs to be prepared, and conversely when an addendum is the required environmental analysis. She explained that consistent with these regulations, the City determined the project requires preparation of an addendum to the previously certified Mountain Park Specific Plan, EIR 331, specifically, the analysis that evaluated potential impacts associated with the cemetery use versus those of the previously approved 1,595 residential units in Development Area 5. She noted that the project would not result in significant new or more severe impacts and, in fact, has a reduced impact in several areas. She advised that no new mitigation measures are required; therefore, EIR 331 remains valid and an addendum has been prepared. She further explained that the analysis was based on City-approved technical studies including on topics including soils and traffic. She reported that the addendum and all supporting technical studies were provided to both the Planning Commission and the City Council.

She explained that original applicable mitigation measures from the Mitigation Monitoring Plan have been incorporated into the project and a new Mitigation Monitoring Plan, MMP 389 has been created to incorporate these measures as well as project design features and standard conditions.

Deputy Director Allen reported that the applicant and their development team have conducted various engagements with the public. She noted that the project was presented to members of Congress County of Orange Supervisors, mayors, and city officials. She advised that presentations were also made at District 6 community meetings, the Anaheim Senior Citizens Advisory Council, and the City of Yorba Linda staff. She noted that staff has maintained a web page on the City's website dedicated specifically to the cemetery project. She advised that staff has periodically sent updates throughout the course of processing the application to those subscribing to receive updates. She noted that the staff has carefully reviewed the proposed project and determined that it meets the necessary requirements and standards for approval. She remarked that the project has been thoughtfully designed to ensure compatibility with surrounding land uses, provide adequate on-site operations, and mitigate potential impacts. She advised that the project will enhance the community by providing a needed public veterans cemetery while preserving the area's open space character. Lastly, the Planning Commission found the project to be in conformance with the General Plan, Mountain Park Specific Plan, and Zoning Code as amended and noted that staff recommends approval of this request.

DISCUSSION: Mayor Aitken inquired if any ex-parte communications needed to be disclosed by any member of the City Council.

Council Member Faessel referenced a document that the City Council received from a group of attorneys expressing concern regarding the 20-year-old original EIR. He inquired if that document changed staff’s recommendation.

Assistant City Attorney Leonie Mulvihill reported that she reviewed the letter dated July 22 from Strumwasser & Woocher and it does not change the recommendation for approval. She noted their concerns but according to CEQA, case law, and guidelines, the age of the EIR is not a factor when looking at the adequacy of environmental review. She advised that in this instance there is an approved environmental document that is still valid for the project as modified by the proposed cemetery. She reiterated the document does not change staff’s recommendation.

City Council Minutes of July 23, 2024

Council Member Meeks reported meeting with representatives from the County Cemetery District and touring the site with other public officials and representatives from both the County Cemetery site and the Veterans Cemetery Organization. She noted that she has also received numerous emails from constituents and has communicated with some of them on the item.

Council Member Faessel reported touring the site over the last several years along with attending public meetings at the site that were also attended by other regional officials as well as advocates. He noted he has not met with anyone recently.

Council Member Leon reported he has not attended any formal meetings but has run into some of the proponents for the project at different events and has also received a number of different emails on this item.

Mayor Aitken reported meeting with Tim Deutsch from the Orange County Cemetery District about the project as well as meeting with many veteran groups. She reported touring the site with other elected officials and Secretary Lindsey Sin from CalVet.

Council Member Rubalcava reported that she has had formal conversations with Bobby McDonald and Nick Berardino.

Mayor Pro Tem Kurtz reported she spoke with constituents and the applicant at the Memorial Day event at the Anaheim Cemetery regarding the upcoming vote.

At 6:41 p.m., Mayor Aitken opened the public hearing.

Tim Deutsch, Orange County Cemetery District (OCCD) General Manager, reported that this item is a community benefit for not only Anaheim residents but for the County in general. He reported there will be a First Responders section and an Allied Veterans section within the public cemetery. He noted that they have been working in collaboration with CalVet. He explained that one of the main reasons for needing a new cemetery is that the public cemeteries will be running out of casket space for all County residents effective possibly in the Fiscal Year 2025/26. He noted that this will provide veterans who reside in Anaheim and Orange County with a local option for internment. He added that the property was deeded by the County of Orange in 2019.

Mr. Deutsch reported that the OOCD is one of 250 public cemetery districts in the State of California and is the largest in the state. He explained that most of their revenue is from burial sales although they receive a small percentage of the 1% Ad Valorem Tax that helps keep fees affordably lower. He noted that the Anaheim Cemetery was depleted in 2010, the Santa Ana Cemetery was depleted of existing sites in 2020 with El Toro Memorial Park projected for depletion in FY 2025/26.

Larry Ryan, Principal, RJM Design Group, presented a brief overview of the Master Plan and thanked City staff for their work. He noted that the Master Plan creates an upper pad which is the parcel that is reserved for the CalVet Cemetery. He explained that the parcel below the slope would contain the OCCD-administered public cemetery which would include LA Veterans and First Responders. He noted that the project has garnered the support of all of the county’s 34 cities and has received broad support from the local community.

Mr. Ryan reported that a comprehensive set of drawings was completed and reviewed by city staff along with peer review consultants. He noted that all parties agree on what has been requested in terms of the entitlement process. Lastly, he provided a brief overview of important milestones during the process including the County’s $20 million allocation for the cemetery in 2021, resolutions of City Council Minutes of July 23, 2024

support approved by 34 cities, application submittal to the City in August 2022, and events leading up to the June 2024 recommendation of approval by the Anaheim Planning Commission.

Mr. Deutsch reported that a highlight video and informational booklet have been made available along with a project website trying to address as many of the concerns that have been expressed by constituents in Anaheim as well as throughout the county. He provided a brief overview of the project team's community outreach efforts. He highlighted positive community sentiment including press articles about the project.

Mr. Ryan provided an overview of the project timeline and noted that upon approval will start to work with staff to develop the improvement drawings. He reported that supplemental geotechnical work is currently being conducted on the site as recommended by the City’s peer reviewer. He explained that construction is planned to start in September 2026 with internment available in January 2028 for the public cemetery section. He provided a brief overview of the CalVet project timeline and noted that CalVet prepared their concept plan and cost estimates for the Veterans cemetery which was just recently submitted to the federal government for funding. Lastly, he presented renderings of the site layout. He noted that there were original concerns about how the project would fit the natural topography but noted that the natural hillside and character have remained untouched.

Cassandra Perez read a letter on behalf of Congressman Lou Correa expressing support for the construction of a veterans cemetery in the City of Anaheim on the Gypsum Canyon site. He encouraged the City Council to stand with the Orange County veteran community and approve the project.

Anthony Monroy read a letter on behalf of Assemblymember Sharon Quirk-Silva expressing strong support for the Orange County Veterans Cemetery Project at Gypsum Canyon. In the letter, she highlighted the support of 43 surrounding cities and unanimous and bipartisan support by State and Federal delegation members. She encouraged the City Council to continue to support the Southern California Veterans Cemetery at Gypsum Canyon and approve the project.

Ronnie Guyer expressed support for the Veterans Cemetery and noted that he was involved in one of the first major battles of the Vietnam War and recalled his time during the war. He thanked the City Council for their support and expressed pride for what they are doing on behalf of Anaheim.

Ron Bengochea reported he was in attendance when Anaheim was the first city to approve a resolution for the cemetery in Gypsum Canyon. He thanked the City Council on behalf of the veteran families and their loved ones who will one day be able to enjoy the cemetery and reflect on their loved ones. He mentioned he was grateful for the cemetery and highlighted how long people have been waiting for the opportunity.

Chuyen Nguyen reported that he is a Vietnamese U.S. Air Force veteran fighter pilot who served in the Vietnam War from December 1969 to April 1975. He noted that he was speaking on behalf of many Vietnamese war veterans who could not be in attendance for whatever reason regarding the Southern California Veterans Cemetery located at Gypsum Canyon in Anaheim. He noted that veterans sacrifice their lives to serve the country and deserve a final resting place. He encouraged the City Council to support Item No. 11 so veterans and ally veterans can have a dignified and honorable final resting place near home.

Michelle De La Cruz, Chef de Gare for Grand du California of the Forty and Eight, reported that the City of Anaheim has won their national competition for City of the Year not only because of its decades of support for the veterans and their families in the community but especially for its support City Council Minutes of July 23, 2024

of the Veterans Cemetery. She requested that the City provide a representative to their national promenade in Sandusky, Ohio on September 20th. She encouraged the City Council to approve the Veterans Cemetery program.

Jose Duran, representing the Anaheim Police Association (APA), expressed APA’s full support for the proposed Gypsum Canyon Memorial Cemetery which is dedicated to honoring veterans, Allied Veterans, and First Responders. He noted that the project ensures minimal environmental impact, enhances the area's aesthetics, and promises long-term benefits for Anaheim residents and Orange County taxpayers. He encouraged the City Council to approve the item.

Paul Bartlett, Executive Director for the Association of Orange County Deputy Sheriffs, reported that his organization represents 3000 active county law enforcement officers as well as 1700 retired members. He emphasized veterans and first responders deserve a final resting place in Orange County. He expressed appreciation that Anaheim stepped up to make this an opportunity to have it in the county. He encouraged the City Council to support the cemetery by approving the item.

Nick Berardino, President of the Valor Veterans Alliance of Orange County (VAOC), thanked the City Council and City staff for their hard work on this project. He thanked City Manager Vanderpool for his responsiveness on the project. He highlighted the challenges of the project but highlighted the historic opportunity for the City. He thanked Council Member Rubalcava and Mayor Aitken who helped build the Heroes Hall Veterans Foundation.

Richard Bui Jr., President of Central Coordinators Republic of Vietnam Armed Force in South Western USA, reported that he served in the Vietnam Air Force from August 1972 until April 1975 as a helicopter pilot during the Vietnam War. He recalled his time during Operation Frequent Wind where they successfully evacuated over 50,000 refugees and American personnel from Vietnam. He encouraged the City Council to support Item No. 11 for a dignified and honorable final resting place for veterans and allied veterans.

Bobby McDonald, Orange County Veterans Advisory Council, reported on his history with the project.

He noted that this could be a historic day in Anaheim. He encouraged the City Council to approve the Southern California Veterans Cemetery
Robert Brower, an Irvine resident, reported he has been working on bringing a veteran’s cemetery to Orange County since 2010. He reported that he served with the 101st Airborne Division in Vietnam and felt this was a great project to get involved with since he had land use development experience in Orange County. He noted it was important to understand that bringing a Veterans Cemetery to Orange County and Anaheim will serve veterans who reside between Los Angeles and Riverside County. He encouraged the City Council to approve the project.

Bill Sandlin reported that he has volunteered for many years trying to get a Veteran's cemetery done.

He noted that almost all of the veterans’ organizations support the Veterans Cemetery at Gypsum Canyon. He clarified comments made that the cemetery belongs to Irvine proclaiming it is an Orange County cemetery. He encouraged the City Council to approve the item.

Bill Cook reported he is a United States Marine Corps Vietnam Veteran and the Chairman of the Orange County Veterans Memorial Park Foundation, a Board Member of Valor, and a member of Forty & Eight. He remarked that the City Council has the distinct honor and opportunity to be able to add a landmark to the portfolio of the City of Anaheim. He encouraged the City Council to approve the item.

City Council Minutes of July 23, 2024

Steve Herr, U.S. Marine Corps, reported that he has been living in Orange County for 20 years and noted that this is the closest the project has ever been to being built. He noted that his son, a decorated combat veteran, was killed 14 years ago and is buried at Riverside National Cemetery. He explained that it is a place of solace for him and is honored that his country built a place for him. He noted that Orange County veterans need to have a place that is near home. He encouraged the City Council to approve the item.

Joe Pak representing the Korean American Vietnam Allies War Veterans requested the City Council’s support for the Southern California Veterans Cemetery. He reported that Congressman Mark Takano ordered the Korean American Allies Long Overdue Relief Act (VALOR) which was signed into law by President Biden. He explained that the bill allows for the Veterans Administration (VA) to treat individuals who served in Vietnam as a member of the armed forces of the Republic of Korea as a veteran of the armed forces of the United States. He requested the City Council’s support for Item No. 11 for a dignified and final resting place for Allied veterans and veterans. He noted that over 300,000 Korean veterans were deployed in the Vietnam War, noting over 5,000 never returned home. He noted hundreds of Korean Vietnam War veterans have made Orange County their home. He thanked Council Member Faessel for his cousin’s service during the Korean War.

Harvey Liss, Executive Director of Build the Great Park Veterans Cemetery, explained that their mission is to get a State Veterans Cemetery built in the Great Park in Irvine, a site where the veterans cemetery rightfully belongs, which is the former Marine Corps Air Station at El Toro. He noted the site was unanimously approved by the Irvine City Council in 2014 with CalVet approving the project in 2016. He noted issues with a developer who wanted to develop the site. He noted that the push to place the site at Gypsum Canyon was due to cost but noted that the costs would be lower in Irvine and construction time. He recommended postponing the vote on Item No. 11 to the next City Council meeting so it can be further considered.

Lam Tran encouraged the City Council to approve Item No. 11.

Marc Herbert expressed support for the Southern California Veterans Cemetery but requested additional details. He expressed concern that the area is in a designated high fire area which could be hard to contain and noted it was not addressed in the EIR. He referenced the May draft of the Sixth Cycle Housing Element does not recommend any affordable units in that area because the risk of fire was so great. He noted the same private companies completing the EIR for the Deer Park and DisneylandForward project did not reference fire risks. He noted that there is a 141-page report on fire in this area and not one page references an evacuation plan.

Marlena Truong Hi, a District Representative, read a letter on behalf of Senator Tom Umberg expressing support to move forward with the veteran’s cemetery in Orange County. He expressed pride in having secured $25 million in state funding to build a cemetery befitting the sacrifice of Orange County veterans and their families.

City Clerk Bass reported that a total of 64 public comments were received related to Public Hearing Item No. 11. [A final total of 69 public comments were received electronically, distributed to the City Council, and made part of the official records]. – See Appendix.

At 7:45 p.m., Mayor Aitken closed the public hearing.

Mr. Deutsch thanked all the veterans and the community for their support. He thanked everyone involved and noted he is looking forward to working with everyone on this project.

City Council Minutes of July 23, 2024

DISCUSSION: Council Member Diaz noted that this item has a legal side and a moral and ethical side. He noted this is now the City’s opportunity for a veterans cemetery. He reported that the site legally meets all of the requirements required by CEQA. He explained that this project will enhance the life of veterans knowing they will have a resting place close to home. He noted that this is a not- for-profit cemetery and will be affordable. He referenced the moral and ethical side which is to honor the country’s veterans who protect the resident's freedom. He expressed strong support for the item.

Council Member Meeks inquired if it is ensured in the documents that part of this site is reserved and restricted for a veteran’s cemetery. She noted that she wanted to ensure that the County does not take up the entire site with the public cemetery.

Deputy Director Allen explained that in terms of the land use the Conditional Use Permit (CUP) approves a cemetery use and is conditioned to comply with the letter of the request which includes the description of the acknowledgment that the second parcel is in collaboration with the CalVet Cemetery.

Council Member Meeks inquired if a deed restriction can be required in addition to the Condition of Approval.

Assistant City Attorney Mulvihill noted that it would not be appropriate and requested additional information regarding the concern. She explained that if for some reason cemetery use was not happening on the property, the City would seek to revoke the CUP and eliminate cemetery use on the property. She further explained that as a Condition of Approval, the applicant must operate within the Letter of Operation that committed to providing these two types of cemeteries.

Mr. Deutsch explained that part of the requirement that the County of Orange had on the land deed transfer stipulated that they had to set aside 50% of the developable acreage. He further explained that they cannot do anything with the remaining parcel unless there is approval from the Orange County Board of Supervisors.

Council Member Meeks acknowledged and thanked all the veterans in the Council Chamber for their service. She noted that she is honored to vote for the item and to do what is right for current and future veterans who deserve a resting space to honor them. She acknowledged individuals who felt strongly about wanting the cemetery to be located at El Toro but noted it is more important to move forward with what is being presented. She referenced constituents who emailed that the project would have an impact on their view and would impact their daily lives but noted it is well separated from residential properties by both the 91 and 241 Freeways. She noted that this was a repurposing of a former mining site and would be a wonderful use for the community and veterans.

Council Member Rubalcava inquired if federal funding would be available for veterans who are laid to rest at this cemetery.

Mr. Deutsch explained that they are working in collaboration with CalVet. He noted that CalVet has already submitted for federal funding.

Council Member Rubalcava inquired about who is eligible to be interred in the law enforcement section of the cemetery.

Mr. Deutsch explained that they are currently working with all the agencies to develop eligibility requirements for both the allied veterans and the first responder’s section. He noted that law enforcement who are killed in the line of duty and retired personnel will have the right to be interred City Council Minutes of July 23, 2024

there. He noted that Supervisor Don Wagner allocated $1 million to ensure that the first 100 police officers and first 100 firefighters will have paid space there when needed.

Council Member Rubalcava thanked all of the veterans who took the time to come down to Anaheim City Hall and express their support for the cemetery. She noted that her grandfather, an Army veteran, is buried at Riverside Veterans Cemetery. She expressed gratitude to be able to sit on the dais and give support and approval for the development of the cemetery in Anaheim where it rightly belongs and including an area for law enforcement. She noted District 3 is home to the American Legion and VFW and thanked all the veteran organizations for their service. She thanked Council Member Diaz for his touching words earlier.

Mayor Pro Tem Kurtz expressed pride to be able to sit on the dais to participate in a historic vote. She noted that she will take the vote in honor of her grandfather who is a World War One veteran, her father who is a World War Two veteran, and her husband who is a Vietnam veteran. She thanked all current and future veterans for their service. She referenced comments about the location near the freeway and remarked that those driving by would be proud of their country and the people who serviced the country. She expressed support for approving the item.

Council Member Leon remarked that this project is long overdue and agreed that this is a project that will benefit Anaheim residents. He thanked the many veteran organizations that have been so welcoming and open to working together for the community. He thanked local veterans who have continuously exemplified patriotism, and shown their love of country, and their love for the community.

He stated it is an honor and privilege to take part in the project.

MOTION: Council Member Leon moved to approve RESOLUTION NO. 2024-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting an addendum to the previously certified Environmental Impact Report No. 331 and Mitigation Monitoring Plan No. 389 (MMP 389), and determining that said addendum and MMP 389, together serve as the appropriate environmental documentation for the Gypsum Canyon Cemetery Project (DEV2020- 00204), RESOLUTION NO. 2024-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Parcel Map No. 2022-160 and making certain findings in connection therewith (DEV2020-00204), RESOLUTION NO. 2024-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Conditional Use Permit to construct and operate a cemetery use and making certain findings in connection therewith (DEV2020-00204), RESOLUTION NO. 2024-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (DEV2020-00204), and introduce ORDINANCE NO. 6586 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting an amendment to the Mountain Park Specific Plan No. 90-4 [Amendment No. 4 to the Mountain Park Specific Plan) (DEV2020- 00204)] and ORDINANCE NO 6587 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 18.112 (Mountain Park Specific Plan No. 90-4 Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code [Amendment No. 4 to the Mountain Park Specific Plan) (DEV2020- 00204)], seconded by Council Member Rubalcava.

DISCUSSION: Council Member Faessel thanked Mr. Pak for acknowledging his cousin's service in the Korean War. He thanked the VFW for their work and attendance. He thanked Orange County Cemetery District Board Member Cynthia Ward for her work behind the scenes to see the project to fruition. He noted that he has been part of many legacy votes but believes that none will mean as much to so many people as this project. He thanked everyone who has worked on the project.

City Council Minutes of July 23, 2024

Mayor Aitken echoed her City Council colleagues and thanked the Orange County Cemetery District beyond the project and the beautiful legacy of the Anaheim Cemetery. She noted that they guard a legacy of working with families in their greatest time of need and their greatest time of hurt and to be able to help families honor the legacy of their loved ones is a beautiful charge. She thanked Board Member Ward and the entire Orange County Cemetery District team for their good work. She thanked all of the veteran organizations for taking the time to involve community groups, educate elected officials, and remind residents how important it is to honor those who have been lost. She thanked Mr. McDonald and Mr. Berardino for reaching across aisles and reaching across communities to build the coalition that brought the City where it is. She acknowledged that it was not just a project but a life passion and legacy. She acknowledged the opportunity to honor public safety and first responders as well as allies who fought alongside the United States troops in so many places around the world. She added the project serves as the City’s commitment not only to Anaheim veterans but to Orange County veterans and sacred. She noted that it will be a place of reflection for family members to gather and honor their loved ones' legacy, retell their stories, and spend moments with their family members that they have lost. She remarked that the cemetery aims to honor the courage and ensure that veteran’s legacies will be rewarded, not just for their families, but for generations to come. Lastly, she noted that it is a lasting reminder of respect and a symbol of the City's eternal gratitude for those who allow residents to have the freedoms they enjoy daily.

MOTION: Council Member Leon moved to approve RESOLUTION NO. 2024-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting an addendum to the previously certified Environmental Impact Report No. 331 and Mitigation Monitoring Plan No. 389 (MMP 389), and determining that said addendum and MMP 389, together serve as the appropriate environmental documentation for the Gypsum Canyon Cemetery Project (DEV2020- 00204), RESOLUTION NO. 2024-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Parcel Map No. 2022-160 and making certain findings in connection therewith (DEV2020-00204), RESOLUTION NO. 2024-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Conditional Use Permit to construct and operate a cemetery use and making certain findings in connection therewith (DEV2020-00204), RESOLUTION NO. 2024-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (DEV2020-00204), and introduce ORDINANCE NO. 6586 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting an amendment to the Mountain Park Specific Plan No. 90-4 [Amendment No. 4 to the Mountain Park Specific Plan) (DEV2020- 00204)] and ORDINANCE NO 6587 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 18.112 (Mountain Park Specific Plan No. 90-4 Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code [Amendment No. 4 to the Mountain Park Specific Plan) (DEV2020- 00204)], 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.

Ordinances introduced.

COUNCIL COMMUNICATIONS:

Council Member Faessel congratulated Community Services Park Services Coordinator Leo Aguirre on his upcoming retirement after 39 years with the City of Anaheim. He shared that Leo Aguirre has worked at Modjeska Park, Brookhurst Park, Boysen Park, Pearson Park, and Peralta Park. Council Member Faessel wished District 5 resident, Antonio Garcia, a happy 75th Birthday. He noted that Mr.

Garcia and his family have been Anaheim residents since 1976. Council Member Faessel highlighted and shared photographs of events he attended including visiting the Muzeo Museum and Cultural Center. He recommended that everyone visit the exhibits at the Muzeo including the Rubber City Council Minutes of July 23, 2024

Menagerie and Victorian Mourning Presented by Haunted OC Exhibitions. Council Member Faessel attended the Inaugural South Asian, Middle Eastern North African (SAMENA) Collective kickoff event hosted by Access California Services. The SAMENA collective is comprised of several non-profit organizations who provide resources for the SAMENA community. He shared that SAMENA founder Nahla Kayali, has also done a great job with the new Access California Services facility since their move a year ago. Council Member Faessel thanked Director of Public Works, Rudy Emami, for the Lincoln Avenue Improvements tour he and his Council Aide Nam Bartash received. The improvements include 3,000 feet of street widening, street repavement, new streetlights, new water lines, new catch basins and sewers, and eventually a new median. He also attended the Anaheim Ballet at Pearson Park and congratulated Larry Rosenberg on his talented performers. He attended the 60th Annual CHOC hospital walk fundraiser at Disneyland. He stated it was wonderful to hear the stories from individuals whose lives were saved as children at Choc.

Council Member Rubalcava highlighted and shared photographs of events she attended in District 3.

She noted her office is collaborating with Mondragon Family Market, which has been in the community for about 40 years, for a Backpack Giveaway Summer Extravaganza on Friday, July 26.

She thanked City departments including Public Utilities, Community Services, Anaheim Fire and Rescue, and the Anaheim Police Department for their participation. She stated that between 300 and 500 students will be receiving a backpack with supplies to ensure that they have the tools needed for a successful upcoming school year. She referenced a photograph of the Mondragon family with Police Chief Rick Armendariz and Lieutenant Steve Pena and thanked the Mondragon family for being the lead host and the Anaheim Police Association for purchasing school supplies and backpacks for the event. Council Member Rubalcava shared that she has been working collaboratively with residents and businesses in District 3 to walk neighborhoods with residents to identify issues to implement solutions to enhance the quality of life for residents. Last Thursday the walk took place in the Pauline Street Community off Sycamore Street. She noted that there has been an increase in gang activity and landlords who are providing substandard living conditions for many of the residents in the area. Staff from Code Enforcement, Anaheim Gang Unit, Public Utilities, Public Works, and Police Chief Armendariz were present to identify issues. Higher Ground, a gang intervention and prevention non-profit organization, is working with the community to ensure that intervention options for students and young people living in these impacted neighborhoods are provided. She shared that she was honored to serve with Council Member Meeks and Mayor Pro Tem Kurtz on a panel for the second annual Anaheim Public Utilities Bright Girls Program which is a STEM initiative. She stated they had an opportunity to share their diverse professional backgrounds and promote jobs within the City of Anaheim which have good paying opportunities, as well as pensions. They highlighted the different job opportunities, not only in City departments, but also positions in law enforcement and first responders. There were a lot of junior high age young ladies who attended the event including young ladies from Project S.A.Y. and Higher Ground. Council Member Rubalcava noted that the City Council approved August as Chicano Heritage Month. She stated she and Director of Community Services, Sjany Larson-Cash had the honor of visiting Emigdio Vasquez’s daughter Rosemary and their private art collection. Council Member Rubalcava stated Mr.

Vasquez painted the mural at Little People's Park and several other Chicano-related murals across Anaheim, Santa Ana, and other places. She mentioned that Rosemary is also featuring her artwork during August and part of September to highlight and honor Chicano Heritage Month. She noted the City of Anaheim will be recognizing her during Chicano Heritage Month to highlight all the work that she and her father have done to elevate the community. Council Member Rubalcava mentioned that Anaheim was home to the Chicano riots back in 1978 and there is a historically significant meaning to people who reside in Anaheim.

Council Member Leon attended the Magnolia Agriscience Community Center’s MACC Berry Festival at Magnolia High School. He shared that there were many fresh berries and produce. He was able to City Council Minutes of July 23, 2024

tour the freight farm, which is the first of its kind in Southern California. The freight farm allows for a more significant amount of produce to be grown in a smaller footprint. He was excited to announce that the future of agriculture and farming is in District 2. Council Member Leon invited everyone to the Anaheim Police Department’s National Night Out event on August 6 at 5:00 p.m. at Modjeska Park.

The annual event strengthens the community by promoting partnerships and neighborhood camaraderie with police officers. There will be live music, demonstrations, and a donut-eating contest.

He shared that Community Services Coordinator Jason Perez is the donut-eating champion three years in a row. Council Member Leon also invited everyone to the Second Annual Back to School Bash at Madison Elementary School on Saturday, August 10 from 10:00 a.m. to 2:00 p.m. Backpacks and school supplies will be given out, resources will be provided by community partners, a limited number of haircuts from True School Barbershop will be provided, and there will also be raffle prizes.

Council Member Leon congratulated Walker’s Deli, the July Business of the Month. He stated that Walker's Deli is a hidden gem that serves fresh ingredients and some of the tastiest sandwiches ever.

Walker’s Deli is inside a convenience store on Lincoln Avenue, just west of Euclid Street. Council Member Leon congratulated Ceviche 19, the July Restaurant of the Month. Ceviche 19 is a family business, owned by Peruvian immigrants. Chef Alonso, his wife, his parents, and his in-laws all work there. They are all dedicated ambassadors of Peruvian cuisine and serve fresh and authentic dishes that bring the vibrant flavors of Peru to District 2 residents and the broader Anaheim community.

Council Member Meeks shared that in honor of the Olympics, she was wearing her Olympics jacket and asked everyone to cheer for the men’s and women’s volleyball teams and the two fencers who train in Anaheim. She thanked the Police Department for the electric bike informational meeting that was held in District 6. She encouraged everyone to share safety information regarding electric bikes with kids and their parents because electric bikes can be complex. Some require helmets for individuals under 18 and some may require helmets for all ages, or there are also electric bikes that are illegal to ride on public streets. She noted that a representative from a local middle school will be handing out the flyers during registration and Council Member Meeks encouraged others to do the same.

Mayor Aitken thanked Anaheim Public Utilities for hosting the Bright Girls Program closing ceremonies and for inviting her to hand out the certificates. She stated that it was fun meeting with the girls and answering questions about her background and her journey to get there. Mayor Aitken shared that she felt like a rock star because she was autographing shirts and hats for the girls. They even taught her how to take a point-five selfie and she made some of their Instagram accounts. She thanked Public Utilities General Manager Dukku Lee for offering the program.

CITY MANAGER’S UPDATE:

City Manager Vanderpool shared that Community Services' summer happenings continue with lineups of live music and summer shows at Pearson Park Amphitheatre. On July 26, 2024, there will be Baile Y Canto performances by Grupo Folkloric Project S.A.Y. and Cal State Fullerton’s Banda Primavera. On August 3 there will be a performance by Anything for Salinas Band, a Selena Tribute Band and on August 10, Santanaways, a Carlos Santana Tribute Band will be performing. The shows begin at 7:00 p.m. and for more information visit anaheim.net/play. The Concerts to the Max at Maxwell will bring fun, food, and music to West Anaheim. The series will begin on August 1 at 6:30 p.m. with the band Tabu playing a fusion of Latin, pop, and classic rock. He shared that for the first time ever, Community Services is partnering with the Anaheim Police Department to bring the second concert in the series to National Night out at Modjeska Park on Tuesday, August 6. Music by Modern Highway, a top 40s hit band, will be there at 6:30 p.m. to perform during the event. City Manager Vanderpool pointed out the amazing work of the men and women of the Anaheim Police Department and the Orange County Human Trafficking Task Force (OCHTTF). The Anaheim Police Department City Council Minutes of July 23, 2024

is the lead agency for the OCHTTF and hosts the Task Force at the Anaheim Police Department. On July 9, the Task Force received information about a juvenile who was being trafficked. OCHTTF and assisting agencies recovered the victim and located the suspect who was responsible for the trafficking. After locating the suspect, he led officers on a pursuit. Ultimately, the suspect was arrested. On July 11, the District Attorney's Office charged the suspect with several offenses. He remains in custody and is being held in lieu of a $1 million bail. The investigation illustrates the commitment OCHTTF and the Anaheim Police Department in locating and identifying victims of human trafficking.

CONSENT CALENDAR: At 8:40 p.m., the Consent Calendar was considered with Mayor Pro Tem Kurtz pulling Item Nos. 3 and 6 and Council Member Meeks pulling Item No. 2.

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 Council Member Leon.

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 the list of Professional Service Agreements executed by the City Manager in June 2024.

4. Award the construction contract to the lowest responsible bidder, AMPCO Contracting, in the amount of $388,650 plus a 10% contingency, for the Kraemer Power Plant Demolition 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 exempt from the California Environmental Quality Act pursuant to Sections 15061(b)(3), 15301, 15304 of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.

5. Approve the Services Agreement with Smart City Networks, Limited Partnership (SCN) designating SCN as the exclusive technology service provider throughout the Anaheim Convention Center for a base term of seven (7) years and at the end of the seventh year, the City and SCN by mutual consent, may renew for three (3) additional one-year terms; SCN submitted a financial proposal that commits to paying the City a license fee of 60% of gross revenues on technology services; 3% Technology Reserve Fund; and Capital Investment, in the amount of $2,150,000, consisting of network and infrastructure upgrades for enhanced technology services; and authorize the Executive Director of the Convention, Sports & Entertainment Department to execute this agreement and any other related documents, including all actions necessary to implement and administer the Agreement and execute any optional renewals.

7. Approve the Professional Services Agreement with Security Land & Right of Way Services, Inc., in an amount not to exceed $200,000, for professional property management services to support current and future economic development needs for a two year term with two two-year optional renewals for a total contract amount not to exceed $600,000, and authorize the City Manager, or designee, to execute and administer the agreement.

City Council Minutes of July 23, 2024

8. RESOLUTION NO. 2024-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the acquisition of the Kettle Motor Hotel located at 1760 W.

Lincoln Avenue, in the amount of $3,915,000; approving an Agreement for Sale of Property and Joint Escrow Instructions by and between the City of Anaheim and Kali Investment, Inc., a California Corporation, substantially in the form submitted herewith for the purchase of the Kettle Motor Hotel, in the amount of $3,915,000; authorize the Director of Housing and Community Development, or her designee, to execute and administer the agreement on behalf of the City of Anaheim; and increase the FY 2024-2025 Housing and Community Development Department’s Budget by $3,915,000.

9. ORDINANCE NO. 6585 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 18.54.035 of the Anaheim Municipal Code to require annual review of sex- oriented business employee identification cards and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15601(b)(3) because it will not have a significant effect on the environment [Development Application No. 2024-00026, introduced at the Council Meeting of July 16, 2024, Item No. 27].

BUSINESS CALENDAR:

2. Approve the proposed Five-Year Underground Conversion Plan for Fiscal Year 2024/25.

DISCUSSION: Council Member Meeks inquired about the amount of time it takes to remove the telecommunications equipment off the utility poles and options to accelerate the timeline for removal.

Anaheim Public Utilities General Manager Dukku Lee reported that there are six different telecommunication companies that have overhead facilities on poles in Anaheim. He noted that the two primary companies are AT&T and Spectrum Communications. He added the companies have their own regional resources to supply to the City, Orange County, and surrounding counties. He noted that the City does its best to coordinate with all of the agencies but the equipment tends to stay on the pole for an average of 2.4 years. He expressed staff’s understanding over frustration for the length of time for removal and reported that technical staff had internal discussions with the City Attorney’s Office to explore opportunities that the City can pursue. He noted that staff is recommending an ordinance to set specific timelines into the Municipal Code, which currently reads for removal in a timely manner with no specific time frame. He noted that staff is having discussions with those different communication companies to try to understand their resource and crew limitations and work to develop something to present to the City Council at a later date.

Council Member Meeks reported the current timeline for removal is frustrating and expressed support for bringing an ordinance back to the City Council. She explained that the telecommunication companies are not only notified when the work is being done but are also a part of the City’s Five- Year Plan, adding they are effectively given 7.5 years to remove their equipment.

General Manager Lee reported that the telecommunication companies also are noticed during the public hearing process when the Underground District is formed. He noted that the companies also bring out their inspectors to observe the installation of the conduits the City does on its behalf. He agreed that they are adequately noticed of the process but will try to come up with a better plan than what is currently in place.

Mayor Aitken inquired if the lines on the poles were active or inactive after 2.4 years.

City Council Minutes of July 23, 2024

General Manager Lee reported that the overhead lines are active and that the companies have to install new underground lines and then cut over or transition from the existing overhead to the new underground before they can remove the poles. He confirmed that work cannot be completed until the City installs the conduit system.

Council Member Diaz inquired if there was a timeline for the ordinance to come before the City Council.

General Manager Lee explained that staff is hoping to bring the item before the City Council in September or October. He requested prior to City Council review, that the matter be presented to the Public Utilities Board (PUB) and the Underground Subcommittee comprised of Planning Commissioners and PUB Board Members for review in September and ultimately City Council in October. He added if the City Council approves, staff can bring the item directly to the City Council and bypass the boards.

Council Member Diaz inquired if Council Member Meeks was comfortable with October who expressed her approval.

MOTION: Council Member Meeks moved to approve the proposed Five-Year Underground Conversion Plan for Fiscal Year 2024/25, 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.

3. Accept the proposal and approve an agreement with All City Management Services Inc. in an amount not to exceed $2,537,600, for school crossing guard services for a two-year period with up to three one-year renewal options; and authorize the Purchasing Agent to exercise the renewal options in accordance with RFP #9780.

DISCUSSION: Mayor Pro Tem Kurtz thanked the Anaheim Police Department (APD) for working with the school districts to provide the school crossing guard service. She reported that she has had complaints about drivers who are still cutting in front of children and crossing guards. She inquired if there was a system in place to capture that driver's information.

Police Chief Rick P. Armendariz reported that the Traffic Unit within APD works with schools at the beginning of each school year to provide education and awareness through social media and through the various Parent Teacher Associations (PTA). He noted that traffic enforcement increases its visual presence with patrol officers and School Resource Officers, especially at the beginning of the school year. He added it is ultimately a collaboration of education, awareness, and enforcement that needs to take place.

Mayor Pro Tem Kurtz reported that the complaints she has received are from parents. She inquired how parents could report those drivers or if an officer could be placed at those locations.

Chief Armendariz reported APD encourages citizens to make reports about traffic complaints to the schools, the crossing guards, or directly to APD.

MOTION: Mayor Pro Tem Kurtz moved to accept the proposal and approve an agreement with All City Management Services Inc. in an amount not to exceed $2,537,600, for school crossing guard services for a two-year period with up to three one-year renewal options; and authorize the Purchasing Agent to exercise the renewal options in accordance with RFP #9780, seconded by City Council Minutes of July 23, 2024

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

6. Waive Council Policy 4.1 and approve an agreement with Trauma Intervention Programs, Inc., in a total contract amount not to exceed $220,962, to provide a range of emotional and practical support to victims of traumatic events and their families for a three year term commencing on July 1, 2024, with two one-year optional renewals; and authorize the Fire Chief to execute and administer the agreement.

DISCUSSION: Mayor Pro Tem Kurtz requested a detailed explanation of what the trauma intervention is and who they work with. In response, Chief Armendariz reported that the item for approval of is a contract between the City and Trauma Intervention Programs, Inc. (TIP), to provide emotional and practical support to victims of traumatic events and their families. He explained that these are victims that both the Police and Fire Department come into contact with due to a tragic loss.

He noted the service is provided 24 hours, seven days a week. He reported that the initial agreement is for a three-year term followed by two one-year renewal options with a total not to exceed amount of $220,969 over the five-years.

Chief Armendariz reported that there is a request to waive Council Policy 4.1 due to the fact that trauma intervention services in Orange County are very unique and TIP is the only provider that can provide the service in Orange County. He noted that staff investigated other providers but there are no similar alternatives for the services and demand being requested. He noted that the service will be available 24 hours, seven days a week including holidays and weekends. He added it is important to have additional resources to provide emotional support to victims. He explained that in 2012, Anaheim Fire and Rescue (AF&R) used the TIP program as a pilot project to provide emotional and practical support to victims of trauma. He noted that based on the success of the pilot program AF&R added the use of TIPS to the department's standard protocols where the company officer on the scene can refer TIPS to provide trauma-related services. He added that APD has joined in collaborating and working with TIP to provide invaluable services to the City.

Mayor Pro Tem Kurtz noted that something special about the program is that it provides support to law enforcement personnel who experience trauma. She expressed appreciation for the services to City staff.

MOTION: Mayor Pro Tem Kurtz moved to waive Council Policy 4.1 and approve an agreement with Trauma Intervention Programs, Inc., in a total contract amount not to exceed $220,962, to provide a range of emotional and practical support to victims of traumatic events and their families for a three year term commencing on July 1, 2024, with two one-year optional renewals; and authorize the Fire Chief to execute and administer the agreement, seconded by Council Member Meeks.

DISCUSSION: Council Member Rubalcava inquired how many families have been helped over the years or an average per year.

AF&R Battalion Chief Nicholas Colonelli reported that between July 1, 2023, and June 30, 2024, TIPS provided 255 individual calls for service for over 1,000 residents. He noted that 662 emergency responders with 814 follow-up calls totaling 1,051 hours of TIPS representatives on scene to support Anaheim citizens.

In response to Council Member Rubalcava, Battalion Chief Colonelli reported that no one is turned away. He noted that police officers and fire captains are trained to identify when someone has experienced any incident that they feel or perceive that the residents could use the assistance. He City Council Minutes of July 23, 2024

explained that the service is never forced on residents and the resident is always asked for permission to bring in TIPS.

Council Member Rubalcava requested clarification that this service is not only for residents but also a benefit for Anaheim’s police officers and firefighters who may have also experienced a traumatic experience.

Battalion Chief Colonelli confirmed that TIPS services are available to any individual who has experienced any type of trauma. He noted that TIPS typically arrives within 22 minutes of being notified.

Council Member Rubalcava inquired if Risk Management or Workers' Compensation would be a benefit for City employees also leverage if an incident happened while on the job.

Chief Armendariz emphasized employee wellness is essential and confirmed that the City has additional services available as well.

Council Member Diaz referenced a speaker from public comments and noted there is some confusion. He noted that the City provides services to the homeless community through City Net to try to help them off the streets. He explained that the services provided by TIPS are for emergency trauma services such as a parent suddenly being killed by a drunk driver. He noted that those services need to be available for first responders for the trauma they experience in those situations.

Council Member Faessel reported that he has been very pleased with the work that TIP has performed in District 5 over the years. He explained that for the family's impact, it is often the worst time in their life. He noted that in most of the cases he has experienced, Spanish is the dominant language and they ensure that the care providers have appropriate language skills.

MOTION: Mayor Pro Tem Kurtz moved to waive Council Policy 4.1 and approve an agreement with Trauma Intervention Programs, Inc., in a total contract amount not to exceed $220,962, to provide a range of emotional and practical support to victims of traumatic events and their families for a three year term commencing on July 1, 2024, with two one-year optional renewals; and authorize the Fire Chief to execute and administer the agreement, seconded by Council Member Meeks. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0. Motion carried.

10. RESOLUTION NO. 2024-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, accepting the certification of the Orange County Registrar of Voters as to the verification of signatures of the initiative petition entitled “City of Anaheim For- Profit Hospital Gross Receipts Tax Initiative.”
Upon acceptance of the certification of the Orange County Registrar of Voters as to the verification of signatures of the initiative, and if the initiative is found sufficient, either:
i) RESOLUTION NO. 2024-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALIFORNIA, calling and giving notice of a general municipal election to be held on Tuesday, November 5, 2024 and ordering the submission to the qualified electors of the City of Anaheim an initiative measure imposing a general tax on each for- profit general acute care hospital located in the City of Anaheim (“Hospital”) equivalent to three (3) percent of the For-Profit Hospital’s Annual Gross Receipts; requesting that the Orange County Board of Supervisors direct City Council Minutes of July 23, 2024

the Orange County Registrar of Voters to render services to the City relating to the conduct of the general municipal election; establishing the deadlines for the filing of arguments and rebuttal arguments; and directing the City Attorney to prepare an impartial analysis.
a. If the resolution is adopted, decide whether to submit an argument against the ordinance proposed by the initiative measure as provided in Section 9282 of the Elections Code of the State of California, and if submitting an argument against the ordinance, may designate the author(s) of the argument.

Or
ii) Order a report on the effect of the proposed initiative measure pursuant to Elections Code Section 9212 to be presented to the City Council no later than at the August 20, 2024 Council meeting.

City Clerk Theresa Bass reported that the item is related to an initiative petition filed by proponents that would impose a general tax on each for-profit general acute care hospital located in the City of Anaheim equivalent to 3% of the for-profit hospital’s gross receipts. She reported that following a prima facie review and examination of the petition, the City Clerk’s Office determined that the petition contained the requisite number of signatures and forwarded the petitions to the Orange County Registrar of Voters (ROV) for signature verification.

City Clerk Bass reported that the ROV completed the review and provided the City Clerk's Office with a Certificate as to the Verification of Signatures on Friday, July 19th. She noted that the certificate was distributed to the City Council and made publicly available on the City's website as part of the agenda packet, specifically Exhibit A, to the resolution accepting the certificate.

City Clerk Bass explained that pursuant to the Elections Code once the certificate is received, it is to be presented to the City Council for acceptance. She reported that the petition was found sufficient and contained the signatures of not less than 10% of the registered voters of the City of Anaheim.

She noted that as a result, the City Council is required to take one of the following actions pursuant to the Elections Code: adopt the ordinance without alteration, submit the initiative measure without alteration to the voters, or order a report on the effect of the proposed initiative measure.

City Clerk Bass explained that because the proposed ordinance imposes a tax, the City Council cannot exercise the first option. She reported that State Constitution Proposition 218 requires that a tax measure must be approved by the voters. She noted that this leaves the City Council with the option of either placing the measure on the ballot or ordering a fiscal impact report. She explained that if the City Council elects to order a report, the report must be presented to the City Council no later than 30 days from the Certification of Signatures finding the petition sufficient.

City Clerk Bass explained that if the report is ordered, the report will be presented and brought back for City Council consideration at the scheduled meeting of August 13, 2024. She noted that if the City Council chooses to call an election pursuant to the Elections Code, the election shall be held at the next regular election not less than 88 days which is scheduled for November 5, 2024. She explained that the resolution before the City Council calls for the election, establishes the ballot language to be submitted to the voters, and other provisions such as requesting the ROV to render the services relating to conducting the election, establishing the deadlines for the filing of arguments and rebuttals, and directing the City Attorney to prepare an impartial analysis. She explained that pursuant to the City Council Minutes of July 23, 2024

code, the legislative body may also elect to submit an argument against the measure. She further explained that if the City Council elects to submit an argument against the measure, and in order to comply with the Brown Act, staff recommends that the City Council designate three or fewer of its members to author the argument against the measure on behalf of the City Council.

DISCUSSION: Council Member Leon expressed support for submitting the measure to the voters for the November 5, 2024, General Election.

Council Member Meeks inquired if the fiscal impact report would address the potential impacts on hospital services for Anaheim residents or only the financial impacts to the City.

Chief Assistant City Attorney Kristin Pelletier explained that it would depend on the City Council's request with respect to the fiscal impact report. She noted that the City Council could request that analysis as long as it is completed within the period by which the report needs to come back to the City Council.

Council Member Meeks expressed interest in seeing that data to assess the impacts to the community. She noted hospital are already crowded and after the pandemic the City should consider looking at hospital closures and restricted availability as a result of the measure.

Council Member Rubalcava inquired how many for-profit hospitals operate in Anaheim and if there was an estimate of potential revenue to the City.

Chief Assistant City Attorney Pelletier reported there are four for-profit hospitals operating in Anaheim. She reported that the estimated annual revenue would range from $6 million to $12 million.

In response to Council Member Rubalcava, Chief Assistant City Attorney Pelletier explained that it the City Council requested a fiscal impact report the measure would not be able to go onto the November 5th ballot.

Council Member Rubalcava inquired what the timeline for removing the measure from the ballot if the proponents decided not to move forward.

Chief Assistant City Attorney Pelletier explained that the proponents have up to 88 days before the election to notify the City Clerk that they want the measure removed. She further explained that the City then has 83 days to rescind the submission of the initiative and provide a new resolution to the ROV that it has been withdrawn.

City Clerk Bass explained that the Elections Code allows the proponents up to August 9th, which is 88 days prior to the election, although found sufficient, to withdraw the petition. She noted that the Elections Code also provides the legislative body, once an election has been called, to withdraw or amend a measure that has been submitted and state the reasons, recitals, and facts. She further explained that the Elections Code allows up to, 83 days prior to the election, in this case, August 14th, for the City Council to approve a resolution withdrawing the measure and submitting that to the ROV.

She noted the City Council has a scheduled meeting on August 13th. She added if the proponents submit a request for withdrawal with their signatures, a resolution would be presented at the August 13th meeting to officially withdraw the measure from the November 5th ballot.

City Clerk Bass explained that the 30-day timeframe period to receive the fiscal impact report will extend past the August 9th deadline to place the item on the November 5, 2024 election ballot. She added if the deadline is missed, the measure would be placed on the next General Election ballot, City Council Minutes of July 23, 2024

which is November 2026. She noted that the City Council has the option to call for a special election for that specific measure but is not required. She clarified the Elections Code calls for the initiative to be placed on the next General Election ballot in no less than 88 days.

Council Member Rubalcava inquired how much a fiscal impact report would cost the City.

Chief Assistant City Attorney Pelletier reported that the reports have been commissioned in the past but estimated it would be tens of thousands of dollars depending on the scope of the report.

Council Member Rubalcava noted the City may not have access to the financials of private hospitals to understand the financial impact.

Council Member Diaz expressed concern about the measure given that the City does not know what the long-term consequences would be to Anaheim residents. He expressed interest in participating in authoring the argument against the measure.

Council Member Faessel expressed concern regarding the measure and believes it is almost punitive against the for-profit hospitals. He noted that the City Council did not ask for the tax nor endorse the tax. He expressed support for understanding the financial effects, and service level effects and hearing input from the for-profit hospitals.

Mayor Pro Tem Kurtz inquired if City staff or members of the City Council were contacted by any of the hospitals or the hospital association. She requested clarification of the process for the proponent withdrawing the measure.

City Clerk Bass explained that the Elections Code allows the proponents to withdraw the initiative 88 days prior to the election. She noted that the Elections Code also provides the legislative body 83 days prior to the election to either amend or withdraw a measure that has already been called for or placed on the ballot. She further explained that if the proponents choose to withdraw the measure, she would be presenting a resolution to the City Council at the August 13th meeting to withdraw the measure from the November 5, 2024 ballot.

In response to Mayor Pro Tem Kurtz, City Clerk Bass clarified if the measure is placed on the ballot and the petitioners wish to withdraw the measure, the City Council would take action to withdraw the resolution from the ballot.

Mayor Pro Tem Kurtz requested clarification that the City Council could at that time take a vote to accept the notice to withdraw the measure or vote to allow it to remain on the ballot.

Chief Assistant City Attorney Pelletier explained that there would be no practical reason for the City Council to continue with the measure because it would no longer have a proponent. She reported that the City Clerk did contact the ROV who had never witnessed this situation before. She added staff consulted with outside counsel and but that the process outlined is the correct process according to the Elections code.

Mayor Aitken noted that because it is a tax measure, the City’s options are restricted. She inquired if the most cost-effective path forward for the City would be to make a motion to place the measure on the November ballot and then let the for-profit hospitals and proponents confer and educate the voters so the City is not involved. She noted even if the Council does not agree with the measure, the City must take the measure to the voters.

City Council Minutes of July 23, 2024

Council Member Meeks explained that the measure does not require a special election but could place the measure on the November 2026 ballot if it did not meet the ROV timelines. She expressed interest in understanding the long-term impacts on the residents and their healthcare options.

Mayor Aitken noted that she is leaning towards placing it on the November 2024 ballot and letting the voters decide as it would be the most pragmatic and cost-effective way forward for the City.

Council Member Rubalcava explained that at some point it will have to go on the ballot to let the voters decide. She noted that it is not responsible for the City to use more taxpayer dollars to conduct an economic impact study given the unknowns. She added it is better to place the measure on the ballot now than to have it loom until 2026.

MOTION: Council Member Rubalcava moved to approve i) RESOLUTION NO. 2024-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALIFORNIA, calling and giving notice of a general municipal election to be held on Tuesday, November 5, 2024 and ordering the submission to the qualified electors of the City of Anaheim an initiative measure imposing a general tax on each for- profit general acute care hospital located in the City of Anaheim (“Hospital”) equivalent to three (3) percent of the For-Profit Hospital’s Annual Gross Receipts; requesting that the Orange County Board of Supervisors direct the Orange County Registrar of Voters to render services to the City relating to the conduct of the general municipal election; establishing the deadlines for the filing of arguments and rebuttal arguments; and directing the City Attorney to prepare an impartial analysis, seconded by Mayor Aitken.

DISCUSSION: Council Member Leon expressed agreement with placing the measure on the November 2024 ballot.

Council Member Meeks stated that if the vote does not pass, she would be interested in an analysis of long-term impacts on residents and not an economic impact study. She noted that one of the decisions the City Council needs to make is whether or not to move forward with an argument against the measure.

Mayor Pro Tem Kurtz expressed agreement with placing the measure on the November 2024 ballot.

She expressed concern that the for-profit hospitals or hospital associations have not contacted any members of the City Council.

Council Member Diaz explained that this is a tax on the gross receipts, not the profits which mean it would divert federal and State taxes to the City. He expressed concern about how this measure will impact services to residents and how residents will be informed.

City Clerk Bass noted prior to taking action on the motion by Council Member Rubalcava, the City Council needs to take action on the resolution to accept the Certification of the Verification of Signatures from the ROV.

MOTION: Mayor Pro Tem Kurtz moved to approve RESOLUTION NO. 2024-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, accepting the certification of the Orange County Registrar of Voters as to the verification of signatures of the initiative petition entitled “City of Anaheim For-Profit Hospital Gross Receipts Tax Initiative.”, 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.

City Council Minutes of July 23, 2024

DISCUSSION: Mayor Aitken clarified that City Council will now be voting on Council Member Rubalcava’s motion to call for an election at the next general election which will be on November 5 2024, which she had previously seconded.

MOTION: Council Member Rubalcava moved to approve i) RESOLUTION NO. 2024-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALIFORNIA, calling and giving notice of a general municipal election to be held on Tuesday, November 5, 2024 and ordering the submission to the qualified electors of the City of Anaheim an initiative measure imposing a general tax on each for- profit general acute care hospital located in the City of Anaheim (“Hospital”) equivalent to three (3) percent of the For-Profit Hospital’s Annual Gross Receipts; requesting that the Orange County Board of Supervisors direct the Orange County Registrar of Voters to render services to the City relating to the conduct of the general municipal election; establishing the deadlines for the filing of arguments and rebuttal arguments; and directing the City Attorney to prepare an impartial analysis, seconded by Mayor Aitken. ROLL CALL VOTE: AYES – 4 (Mayor Aitken and Council Members Kurtz, Leon, and Rubalcava); NOES – 3 (Council Members Diaz, Faessel, and Meeks).

Motion carried.

City Clerk Bass noted that the City Council can now decide whether to submit an argument against the ordinance and designate at least three members of the City Council, in order to not violate the Brown Act, to be authors of the argument.

Mayor Aitken requested clarification on whether the City Council needs to vote to designate authors for the argument. City Clerk Bass confirmed a vote is required.

Council Member Meeks inquired who would help the City Council draft the argument. City Clerk Bass explained that the three City Council members appointed would need to write the argument.

Council Members Meeks and Diaz volunteered to be one of the authors of the argument.

City Clerk Bass clarified staff recommended three authors, but it is not required.

Mayor Aitken clarified that the City Council can designate authors for the argument and added that individual Council Members can vocally take their own personal positions.

MOTION: Council Member Meeks moved to designate Council Member Meeks and Council Member Diaz as the authors of the argument, seconded by Council Member Diaz.

DISCUSSION: Council Member Rubalcava explained that it is challenging for her to take an opposed position on this simply because it's benefiting the City. She explained that she would be voting no to oppose. She understands the impacts on businesses and highlighted the lack of outreach by hospital associations and for-profit hospitals. She expressed the belief that the costs are going to be transferred onto the residents who utilize the hospital.

MOTION: Council Member Meeks moved to designate Council Member Meeks and Council Member Diaz as the authors of the argument against the measure, seconded by Council Member Diaz. ROLL CALL VOTE: AYES – 3 (Council Members Diaz, Faessel, and Meeks); NOES – 4 (Mayor Aitken and Council Members Kurtz, Leon, and Rubalcava). Motion failed.

City Council Minutes of July 23, 2024

PUBLIC HEARING:

12. Public hearing to consider a proposed vacation/abandonment of portions of excess street right-of-way lying west of Anaheim Boulevard and directly south of Midway Drive requested by developer, Encore Anaheim LLC, in order to clear title to construct the 156 single-family attached dwelling Residential Project.

RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating portions of excess street right of way lying west of Anaheim Boulevard and directly south of Midway Drive (Abandonment No. ABA 2019-00390) Approve the Purchase and Sale Agreement with Encore Anaheim LLC, in the purchase price of $1,600,000, for the sale of excess right-of-way from the City; authorize changes to the agreement that do not substantially change the terms and conditions of the Agreement, so long as such changes are determined to be de minimis by the City Attorney’s Office; authorize the Director of Public Works Director to execute the Agreement and authorize the Mayor to sign the Quitclaim Deed; authorize and direct the Public Works Director or his designee to execute other documents on behalf of the City, including escrow documents, as required to close escrow; and authorize the City Clerk to deliver the Resolution and Quitclaim Deed to escrow for recordation in the Orange County Recorder’s Office.

City Engineer Carlos Castellanos reported that the item is for the proposed abandonment of portions of excess street right-of-way just west of Anaheim Boulevard and directly south of Midway Drive. He reported that on September 13, 2021, the Planning Commission approved a 156 single-family attached dwelling residential project. He noted that the abandonment has been requested by the developer, Encore Anaheim, in order to clear the title to construct the residential project. He explained that if vacated, the City would reserve a public utility easement over the portions of excess street right-of-way which by a separate resolution, the public utility easements can be considered for summary vacation at a later time.

City Engineer Castellanos reported that one of the portions of the excess street right away, commonly known as Zyen Street shares access with two adjacent properties. He noted that to the east of Zeyn Street lies the Housing Authority Midway Affordable apartments and to the south of Zeyn Street is Golden Skies Mobile Park. He reported that on June 22, 2021, the City Council approved the Midway Affordable Apartments request to abandon the east half of Zeyn Street subject to preserving access rights for the abutting properties. He noted that on May 5, 2022, a reciprocal easement agreement was recorded that secured access to Zeyn Street as a private street for all three abutting properties.

City Engineer Castellanos reported that City staff has determined the right-of-way under consideration for abandonment is considered to be an excess right-of-way away, unnecessary for present or prospective public street use consistent with Section 8324(b) of the California Streets and Highways Code. He noted that City Council Policy No. 5.5 requires compensation to the City for fair market value from any application requesting the abandonment or vacation of easements right-of-way or other property interests. He reported that an appraisal of the portion of the street right away was conducted by Sharon A. Hennessey, MAI, a duly authorized appraiser retained by the City. He explained that as a result of the inspection analysis, a fair market value of $1.6 million was determined and agreed upon with the applicant. Lastly, he reported that staff recommends approving the proposed abandonments of these portions of excess street right-of-way for the proposed residential project.

City Council Minutes of July 23, 2024

DISCUSSION: Mayor Pro Tem Kurtz inquired if the Golden Skies Mobile Home Park will have two- way vehicle access to Midway Drive.

City Engineer Castellanos confirmed that was correct and noted that as part of the abandonment, the City is abandoning five segments. He explained that for Zeyn Street both the Housing Authority Midway Affordable Apartments Project and the Encore Anaheim Project are preserving vehicular and pedestrian access throughout.

In response to Mayor Pro Tem Kurtz, City Engineer Castellanos confirmed residents would be able to traverse through the alley that allows residents to turn up Zeyn Street to get to Midway Drive. He clarified that Zeyn Street is being preserved as a private drive aisle.

Mayor Pro Tem Kurtz inquired if the children living in the mobile home park would be able to walk Zeyn Street over to Midway Drive to cross the street to go to school.

City Engineer Castellanos confirmed they would be able to take that route.

Mayor Pro Tem Kurtz expressed concern about the existing traffic in the area and the dangerous conditions of drivers entering and exiting at the same time with the street not being wide enough especially in emergency situations. She noted she has received complaints from drivers about the existing traffic.

City Engineer Castellanos explained that residents of the mobile home park can make a right out of the park to access Anaheim Boulevard and after the project, will be able to make a left onto the alley at the southern portion of the apartment process to access Zeyn Street to get to Midway Drive. He presented several routes to access the mobile home park.

Mayor Aitken inquired if the Midway Affordable Apartments is Miraflores and requested a description of the original project.

Housing and Community Development Director Grace Ruiz-Stepter confirmed that the Housing Authority site in question is the Miraflores site.

Deputy Director of Planning and Building Heather Allen reported that in 2021, 156 single-family attached townhomes were approved.

Mayor Aitken inquired if the project changed and if the developer is still intending to build 156 attached townhomes.

Deputy Director Allen reported that the application has not changed. She noted there have been other discussions but nothing formal has been filed. She elaborated that Encore has been in discussions to potentially bring in another party, but no application has been filed.

Mayor Aitken inquired if there were any affordable units being proposed or if it was 100% market rate.

Deputy Director Allen confirmed that it is 100% market rate.

In response to Mayor Aitken, Deputy Director Allen confirmed that Encore did not participate in the City's voluntary affordable housing program.

Mayor Aitken inquired if each alley was being assessed independently for the total fair market value.

City Engineer Castellanos confirmed the alleys were assessed by the square footage of each segment.

City Council Minutes of July 23, 2024

In response to Mayor Aitken, Deputy Director Allen noted he does not have the amount Encore paid to purchase the bifurcated parcels.

Mayor Aitken inquired if the City conducted an analysis of the aggregated parcels and their current value. City Engineer Castellanos reported that staff does not know the total value of the aggregated properties. He noted that the street segments that are proposed to be abandoned are assessed with a higher value.

Mayor Aitken inquired if one larger parcel is typically worth more than broken-up sites. Director Ruiz- Stepter agreed that generally, an assembled site makes it easier to develop and does increase the value of a site.

Director Ruiz-Stepter noted she was unaware if Encore Anaheim had other projects in the City. She provided a brief history of the site and noted it was part of an Enterprise Zone that, if purchased, qualified for tax breaks due to its location in poverty zones. She noted that one of the sites was purchased under that program. She added there were conversations to decide on the development of townhomes or apartments to utilize the tax breaks. She noted that staff is aware of ongoing conversations because City staff has also been in conversations about developing Miraflores and the projects share Zeyn Street.

In response to Mayor Aitken, Director Ruiz-Stepter noted that she would confirm ownership of Encore and pass it on to the City Council. She added staff has been operating under the assumption that it is two or three smaller investors.

Mayor Aitken remarked that she is sensitive to the fact that the project was approved years ago. She noted that it is clear that the value is much higher than an assembled parcel. She expressed concern that the developer did not participate in the voluntary affordable housing program and is planning to build market-rate housing in one of the City’s most housing-poor neighborhoods. She remarked that these are the kinds of questions that the City Council needs to ask.

Mayor Pro Tem Kurtz expressed concern that there is no affordable housing available and a lack of participation in the City’s volunteer affordable housing program. She expressed concern that the area is severely housing-challenged. She added she would like to see what the effects would be on the mobile home park and its residents. She supports the abandonment as long as there is access to the streets but would like to hear more from the developer.

In response to Council Member Rubalcava, City Engineer Castellanos confirmed the developer requested the abandonment and they were not in attendance.

Council Member Rubalcava expressed concern that the developer did not have a vested interest in attending to ensure that the abandonment was approved for $1.6 million. She recommended tabling the item until the next City Council meeting to have the developer present.

City Engineer Castellanos noted that the developer is looking to close escrow within 30 days.

Council Member Rubalcava remarked that she is mindful of the fact that the City needs more affordable housing but is also accepting of having some mixed housing since there is an affordable housing apartment complex going up in the area. She added the importance of having diverse populations living in the community. She noted she is concerned that the developer did not attend the hearing to provide additional information on the project.

City Council Minutes of July 23, 2024

MOTION: Council Member Rubalcava moved to table the item.

DISCUSSION: Council Member Diaz remarked appraisals are a complicated matter and that the developer has most likely made all the considerations in the appraisal. He noted that a benefit for the City is that they no longer need to maintain the public streets. He expressed support for the item as Anaheim needs more housing to help stabilize housing processes. He noted that while he did not want to speculate why the developer was not present, this is typically a routine process without controversy.

Mayor Aitken stated she would second the motion to table the item.

Council Member Meeks concurred with Council Member Diaz that abandonments are typically very routine. She noted that this has been approved by the Planning Commission and the previous City Council. She noted that in the approvals, the City acknowledged the intent to abandon the streets according to State law. She noted that the MAI appraiser typically looks at the value of the individual parcels and the accumulated parcels to assess the property’s total value. She remarked that a three- week delay will cause a hardship on the developer. She noted she would not be in favor of changing the rules on a developer three years after going through the process and is now moving forward with housing in the City.

Mayor Pro Tem Kurtz inquired how it could have been approved in September 2021 but plans were still being submitted in 2023.

Deputy Director Allen explained that this version of the project was approved by the Planning Commission in September 2021. She noted that City Council did consider a rezone in October 2021 which was a clean-up item to remove the mobile home park overlay. She explained that the applicant considered redesigning but ultimately chose not to do so and kept the original entitlement.

Mayor Aitken inquired if there are any dates associated with breaking ground on this project. Deputy Director Allen noted they do not have a Development Agreement (DA) in place at this time, but they are within their approvals.

Mayor Aitken inquired if it is possible that once the parcel is assembled Encore Anaheim could sell it to another developer and it sits there for additional time.

Deputy Director Allen confirmed that there is nothing contractually obligating Encore Anaheim to develop the project and they could sell the entitlement.

Mayor Aitken expressed concern that it would be flipped for a larger profit and the lack of participation in the City’s affordable housing program, noting those are fair questions to ask the developer. She clarified that Council Member Faessel had originally seconded Council Member Rubalcava’s motion.

MOTION: Council Member Rubalcava moved to table the item, seconded by Council Member Faessel.

In response to Mayor Aitken, Chief Assistant City Attorney Pelletier clarified the Council would still need to open the public hearing even if the motion is to table the item.

At 10:10 p.m., Mayor Aitken opened the public hearing.

City Council Minutes of July 23, 2024

Marc Herbert expressed concern that the City Council does not have the names of the developers although nothing has changed over the last year and a half including the City staff. He expressed concern that the Deer Park project passed without as much scrutiny but also does not have affordable units. He noted that Tom Daly is a consultant on the Deer Park project and has had several meetings with City Council members. He referenced the Housing Element which is still out of compliance and has cost the City $7 million. He noted that the number of affordable housing units permitted by the City last year was only 178 but the target for the Eighth Year Cycle is 9100. He remarked that the City is not on a path leading towards more affordable housing units. He expressed concern that during DisneylandForward the consultants promised the City it could leverage Disney money and it looks like that is now not possible. He encourages the City Council to be more open with the public.

City Clerk Bass reported there were no electronic comments received related to Item No. 12.

At 10:16 p.m., Mayor Aitken closed the public hearing.

Council Member Leon expressed support for continuing the item to the next meeting to address additional questions. He referenced Council Member Diaz’s comments and noted that the City Council is not trying to stop development or building houses but to ensure the City Council has all the information and facts to move forward.

Council Member Faessel remarked that the abandonment will still be on the agenda if continued but there will not be a renegotiation of any deal on the property. He noted it was reasonable to have the developer answer questions which is why he offered a second to Council Member Rubalcava’s motion.

Council Member Diaz clarified that it is very common in the construction industry for a company to acquire the rights to a property and then sell it to a construction company to finish the project. He referenced public comments about the previous Mayor and City staff. He emphasized that City staff has a lot of integrity, and ethics, and stands in the right position.

Council Member Rubalcava modified her motion to continue the item and not to table the item. She referenced public comments about staff and noted that they were unfounded.

MOTION: Council Member Rubalcava moved to continue the public hearing, seconded by Council Member Faessel.

In response to City Clerk Bass, Mayor Aitken clarified that the motion is to continue the item to the next City Council meeting, August 13, 2024.

Mayor Pro Tem Kurtz concurred with Council Members Diaz and Rubalcava that she has found City staff to be honest, ethical, and hard-working for the betterment of Anaheim, its residents, and businesses.

MOTION: Council Member Rubalcava moved to continue the public hearing to the Council meeting of August 13, 2024, seconded by Council Member Faessel. ROLL CALL VOTE: AYES – 5 (Mayor Aitken and Council Members Kurtz, Leon, Rubalcava, and Faessel); NOES – 2 (Council Members Diaz and Meeks). Motion carried.

REPORT ON CLOSED SESSION ACTIONS: None
City Council Minutes of July 23, 2024

PUBLIC COMMENTS (non-agenda items): None
COUNCIL AGENDA SETTING:

Council Member Leon thanked his Council colleagues for their approval of Item No. 8 authorizing City staff to purchase the Kettle Motor Hotel in District 2. He stated it is a big step in the right direction for the area. He thanked staff for their continued efforts in helping address public safety concerns and improving the quality of life for residents in the area.

Council Member Meeks requested a memo regarding outreach to mid-century modern home neighborhoods to create the same synergy as Mills Act properties to bring more families, a sense of community, and investment to other neighborhoods in the City.

ADJOURNMENT:

At 10:23 p.m., Mayor Aitken adjourned the City Council.

Respectfully submitted,
Theresa Bass, CMC
City Clerk