ANAHEIM CITY COUNCIL
REGULAR MEETING OF AUGUST 13, 2024
The regular meeting of August 13, 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 August 8, 2024.
MEMBERS PRESENT: Mayor Pro Tem Norma Campos Kurtz and Council Members Jose Diaz, Carlos A. Leon, and Stephen Faessel. Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava and Natalie Meeks joined the meeting during Closed Session.
STAFF PRESENT: Assistant City Manager Greg Garcia, City Attorney Robert Fabela, 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 - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of the California Government Code Section 54956.9): One potential case
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of the California Government Code Section 54956.9): One potential case (A copy of the claim against the City is included in the agenda packet and available for review by contacting the City Clerk’s Office and on-line electronically with the agenda at:
www.anaheim.net/councilagendas.)
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957 (b) (1) of the California Government Code) Title: City Attorney
4. 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 Attorney
At 5:03 p.m., Mayor Aitken reconvened the Anaheim City Council.
INVOCATION: Mayor Ashleigh E. Aitken
FLAG SALUTE: Mayor Pro Tem Norma Campos Kurtz
PRESENTATIONS: Recognizing Anaheim High School Girls Wrestling Coach, Ernesto Vargas for receiving Coach of the Year
City Council Minutes of August 13, 2024
Mayor Aitken congratulated Coach Ernesto Vargas for being named Girls Wrestling Coach of the Year for 2023-24 by the Orange County Wrestling Coaches Association. She noted Coach Vargas graduated from Anaheim High School where he wrestled and played football. She added, now, as the wrestling coach he has revamped the girl's and boys’ programs. She noted the teams continue to compete in tournaments year-round throughout Orange County. She noted Coach Vargas has continued to lead individual champions including Lilyana Balderas, who was previously recognized by the City Council.
Coach Vargas accepted the recognition and thanked the City Council, his family, and the children he has coached. He highlighted his roots in Anaheim and his pride in the community.
Recognizing the Orange County Annual Greek Festival
Mayor Aitken reported for over 50 years, the St. John’s Orange County Greek Festival has brought Greek history to the Anaheim community. She noted the festival celebrates Greek food, music, dance, culture, and more. She highlighted the festival’s beginnings in Brea, and ultimately finding its home in Anaheim at St. John’s in the 1980’s. She thanked St. John the Baptist Greek Orthodox Church for continuing to bring the festival to Orange County and providing family fun to everyone.
She encouraged the public to attend the festival. She presented the proclamation, which was accepted by Father Christopher Retelas, St. John the Baptist Greek Orthodox Church.
Father Retelas thanked the City Council for the recognition. He noted the festival takes place every third weekend of May. He added the festival is a celebration and recognition of Greek culture and faith to share with the community.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing August 2024, as Chicano Heritage Month
Mayor Aitken presented the proclamation, which was accepted by Rosemary Vasquez Tuthill and Steve Tuthill.
Mrs. Tuthill highlighted her father’s work and the mural he painted for the City. She thanked the City Council for the recognition. Mr. Tuthill noted Mrs. Tuthill is also an artist and will have her art displayed at the Muzeo.
Recognizing September 2024, as World Alzheimer’s Awareness Month Mayor Aitken presented the proclamation, which was accepted by Kristen Maahs, Alzheimer’s Orange County – Associate Director, Community Outreach.
Ms. Maahs, on behalf of Alzheimer’s Orange County, thanked the City Council for the recognition.
She noted the organization has been providing free programs and services, including free monthly education with the Anaheim Public Library, since 1982.
At 5:14 p.m., Mayor Aitken called to order the Anaheim Housing Authority (in joint session with the City Council).
ADDITIONS/DELETIONS TO THE AGENDAS: None
City Council Minutes of August 13, 2024
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 14 public comments were received electronically prior to 12:00 p.m. A final total of 15 public comments were received electronically, distributed to the City Council, and made part of the official records]. – See Appendix.
Daniel DeMeyere expressed concern regarding illegal activities involving Disney's D23 event and a City employee. He explained he tried to attend a meeting with cash but noted that the parking lot only accepted credit cards, which he added is illegal. He reported that security would not let him enter the public area without credentials which were at the Hilton. He reported that he was unable to pick up his tickets at will-call because he was forced to stay in the parking lot. He explained that his weekend was ruined while trying to promote his business at D23. He noted that this also happened to one of his employees the next day. He reported that when he returned later asking for a comment form he was turned away and told to step outside. He noted that he has paid taxes in Anaheim for 30 years.
He reported that he was also forced to sit on the floor. He remarked that the security personnel and D23 overstepped their authority. He reported that if D23 does not refund him for his table he will return with a lawyer.
Cecil Jordan Corkern reported he has completed the reports on Disney involving sex trafficking and noted over 200 employees have been arrested, including 35 working at Disney World. He offered to provide copies to the City Council if requested.
John Hodges reported that he spent a year with Lupe Rodriguez protesting the rent increase at Rancho La Paz after a new owner bought the property. He explained that Ms. Rodriguez wrote an article that explains residents' struggles. He noted that they protested in front of the City Council, but half of them did not support residents and the Mayor tabled a request after a year of appeals. He explained that the problem was a $400 rent increase residents faced in the first two years after the new owner purchased the property. He thanked Ms. Rodriguez who advocated to the Governor, which halted the rent increases and allowed him to stay at Rancho La Paz, which has historical significance to his family. He encouraged the City Council to include Ms. Rodriguez’s article in the record and recognize the abuse of rental increases to the residents.
Mike Robbins noted that a resident from Rancho La Paz showed him that their rent was raised by 111%. He noted that he has spent many hours attending City Council meetings across the County and looking into donations and budgets and believes he can call out wrongdoers. He remarked that over 50% of residents are renters who deserve rent control which can help by keeping housing costs stable, preventing steep rent increases, and reducing the risk of homelessness. He noted that rent control supports long-term residents, keeps neighborhoods stable, and helps the local economy by giving people more money to spend on local goods to support the local economy. He referenced Public Hearing Item No. 23 and the lack of affordable housing. He reported that Santa Ana has already implemented rent control and encouraged the City Council to do the same.
Jeanine Robbins reported that the State adopted Assembly Bill (AB) 1482, a rent control law, but Anaheim is not enforcing it. She recommended that the City should either enforce this law or create stronger rent control rules. She explained that tenants with unfair rent increases or evictions have no help. She remarked that there are two ways to get rent control in Anaheim which are to collect signatures to put it on the ballot or elect new City Council members who support it. She noted both are being pursued. She reported that for the Midway project outlined in Public Hearing Item No. 23, the area needs affordable housing, but the developers are not helping. She noted that City leaders City Council Minutes of August 13, 2024
should make changes but seem to care more about developers than residents. She noted that the project was submitted with a fake address in previous Housing Cycles which should raise concerns.
She encouraged the City Council to investigate and not just rely on what City staff tells them.
Vern Nelson reported that many residents want the City Council to create a law similar to AB 1482 so that Anaheim can enforce it. He noted that Mayor Aitken and others have said that the law is enough but it is not being enforced. He noted that eviction protections are also important since the State law has no enforcement mechanism. He explained that if the City Council adopts a similar city law, it can finally help tenants facing unfair rent increases or evictions. He noted that over 50% of individuals in Anaheim or renters, and over 60% of individuals are renters in District 3. He reported that this law will help prevent homelessness and keep families from leaving Anaheim, which also helps avoid cuts to education funding. He cited an example of landlords making improvements to a unit and then renting at a higher cost, which he noted was illegal under AB 1482. He encouraged the City Council to fix the problem.
Marc Herbert reported that at the last City Council meeting, there was a lot of discussion about the Midway project, outlined in Public Hearing Item No. 23. He noted that Mayor Aitken remarked that the value of the property would increase more than its current evaluation of $1.6 million once it is assembled. He reported that there was no appraisal attached to the staff report. He reported that he was denied access to the appraisal by City staff when requested. He expressed concern that there seems to be a pattern of not engaging the public and noted that the lack of transparency and public access to important documents like appraisals is concerning.
Matthew Duncan remarked that he has been a coyote advocate in Anaheim since he was nine. He reported that the City Council may have received a letter from Camilla Fox, the founder of Project Coyote, about concerns regarding how coyotes are treated in Anaheim. He highlighted her advocacy with the State to ban coyote killing competitions. He reported that People for the Ethical Treatment of Animals (PETA) has requested a ban on killing coyotes in gas chambers and trapping them on public land, which is happening in Anaheim. He encouraged the City Council to learn from past mistakes.
Mark Richard Daniels reported he has lived in Anaheim for 66 years. He highlighted Proposition 33 which allows municipalities to enact rent control. He encouraged the City Council to act on rent control before it is forced upon the City through Proposition 33.
Francisco Rosas announced his candidacy for District 4 against Mayor Pro Tem Kurtz. He noted that she has greatly disappointed him and everyone in his community. He noted that Mayor Pro Tem Kurtz and the City Council disregard its residents who feel like they have no voice. He remarked that he wants to represent his community because it is clear residents needs are ignored, such as affordable housing, rent caps, and a gate tax to help get the city out of debt. He noted that the City Council is holding Anaheim back and he will work to replace every member of the City Council.
Kenneth Batiste reported that 40 families were evicted from their homes when Disney’s California Adventure was built and noted that the City should have stepped up, bought those homes, and helped those families. He remarked that the City instead focused on money and shareholders. He noted that someone needs to fight for the people who need help. He explained that the City needs affordable housing, rent caps tied to inflation, and better support for residents. He noted the residents need someone to advocate for them. He noted that Anaheim Hills residents do not have to worry about parking like residents in other areas of the City. He encouraged the City Council to remember that they serve the people.
City Council Minutes of August 13, 2024
COUNCIL COMMUNICATIONS:
Mayor Pro Tem Kurtz highlighted and shared photographs of events she attended including a lunch for residents of Tyrol Plaza. She stated the residents there have undergone trauma in the last few months. She thanked The Anaheim Hotel, the Best Western Plus, The Pizza Press, Courtyard, Castle Inn, and The Westin for sponsoring lunch for the residents at Tyrol Plaza. Mayor Pro Tem Kurtz thanked the “Madres Unidas de Guinida Lane” and the Anaheim Elementary School District for their assistance with the backpack and school supplies event for Paul Revere Elementary School students.
She thanked Community Services staff for going above and beyond to assist a homeless student at the event. A School District representative was also able to enroll the student in school as well as a transportation program offered by the Anaheim School District so that the student will have transportation to Paul Revere Elementary School no matter where the family moves to in Orange County. Mayor Pro Tem Kurtz shared that she along with Council Member Faessel hosted the Boysen Community Meeting at Roosevelt Elementary School. She mentioned that constituents around the State College area in Districts 4 and 5 are having the same issues. They participated in a virtual bus tour and made 13 stops including the Tampico Hotel, Boysen Park, the former Luigi Italian Restaurant site, and the Hahm Motorsports site. There was a great turnout and she shared that she enjoyed the interaction with the residents. She thanked the Fire Department for a wonderful movie night held for residents at Boysen Park on one of the hottest nights of the year. She thanked Anaheim firefighters who have gone to fight fires in other counties throughout the state. She assured residents that every fire station in Anaheim continues to be staffed. Anaheim firefighters were deployed to the Post and Basin fires in June, and in July they went to Butte, Siskiyou, Santa Barbara, Humboldt, Trinity, Tulare, Shasta, Plumas, Kern, and Riverside counties to help with fires. Mayor Pro Tem Kurtz clarified that the City of Anaheim is reimbursed for those services and there is an agreement with those counties that if Anaheim needs fire assistance specifically in the Anaheim Hills area, those counties will provide aid. She highlighted a before and after photo of a homeless encampment. Mayor Pro Tem Kurtz thanked the family who reached out to her office and through Anaheim Anytime to report the growing encampment. She thanked Deputy Director Lozeau and her team for cleaning up the encampment and for aiding an elderly veteran who was ill. They connected the veteran to the Department of Veterans Affairs and provided a veterans housing voucher. She also thanked residents who continue to report encampments, especially along the railroad tracks, on Caltrans property, and public areas.
Council Member Faessel requested adjourning the meeting in memory of Larry Larsen. Larry graduated from Anaheim High School in 1960 and worked hard for the betterment of graduates. He was committed to the rebuilding of the Anaheim High School pool and was also active in the Gypsum Canyon Veterans Cemetery project. Council Member Faessel highlighted and shared photographs of events he attended including the North Orange Continuing Education, formerly known as North Orange County Community College District, opening day celebration. He shared that he has been an instructor there since 1975 and it was fun sharing stories with staff, and seeing friends he has made over the years. Council Member Faessel stated that it was nice to welcome and visit with the six exchange students from Mito, Japan. He shared that one of their most enjoyable experiences was making s'mores at a beach campfire because they do not do that in Japan. He also thanked Community Services and City Engineer Carlos Castellanos for hosting the students. Council Member Faessel congratulated Helen Carter on her 94th birthday. He shared that Ms. Carter is an active Ebell Club member as well as a member of several organizations in Anaheim. He attended the backpack, school supplies, and food giveaway at Jafaria Church. He thanked the church and all the volunteers who helped to equip all the students with school supplies for a great school year.
Council Member Meeks requested adjourning the meeting in memory of former Anaheim Police Department Sergeant Greg Palmer. He served Anaheim from 1986 to 2010 on patrol, investigations, City Council Minutes of August 13, 2024
gang division, robbery, and homicide. He was awarded the Investigator of the Year Award, two distinguished service medals, and served as the Anaheim Police Association President.
Council Member Leon announced that the Anaheim Tech Scholars Program is back for all high school juniors and seniors. The program empowers college-bound high school juniors and seniors in Anaheim and provides laptops or tablets as well as internet access to prepare students for the next stage of their academic careers. He thanked his Council colleagues for their support in making the program happen last year. The application process will be open from August 26 through September
30. Information will be posted on the City’s website as well as social media. Council Member Leon shared that this year's National Night Out was hosted in District 2 at Modjeska Park. Hundreds of Anaheim families attended the event to learn more about the work that the Anaheim Police Department does. Residents received resources, experienced a live concert, and they were able to see him participate in a donut eating contest where he lost to the now four-time donut eating champion, Jason Perez from Anaheim Community Services. He congratulated Anaheim Chief of Police Armendariz as well as Carmela Mendoza from the West Anaheim Community Policing Team for all their hard work to ensure that this year's National Night Out was the best. He shared that his office hosted its second annual Back to School Bash at Madison Elementary School. He thanked all the community members, community partners, and volunteers who came together to make the event a major success. He thanked Anaheim Elementary School District Superintendent Jesse Chavarria, Principal Heiner, Vice Principal Crow, Santos the Custodian, and the entire Madison Elementary School team for allowing his team, in collaboration with several community partners, to host the event at the school. Community Action Partnership of Orange County distributed food boxes. Backpacks and shoes were distributed thanks to AltaMed and United Across Borders. True School Barber Shop provided free haircuts. Over $11,000 worth of eyeglasses and vision exams were provided for free.
He thanked OCEA and AMEA for providing hot dogs, and Senator Newman and his team for providing ice cream. He thanked Congressman Correa, Assemblywoman Quirk-Silva, and Senator Umberg for attending the event and connecting with the District 2 community. Council Member Leon thanked all the volunteers and Anthony, Dixie, Maggie, Richard, Patty, and Miranda who helped make the event happen. Council Member Leon requested adjourning the meeting in memory of John "Jack" Passerello. Jack owned Bluebell Nursery, which he opened alongside his wife, Arlene, in 1959 in District 2. He noted that Bluebell Nursery was recognized as a District 2 Business of the Month last year. Jack is survived by his wife, Arlene, his children Pam and Anthony, and 10 grandchildren.
Council Member Leon stated that Jack's family and everyone who loved him are in his thoughts and prayers.
Council Member Rubalcava stated that there are approximately 50,000 residents who reside in District 3 and approximately 27,000 voters in a predominantly Latino community. She highlighted and shared photographs of events she attended in District 3. Council Member Rubalcava shared that she walks past Jack in the Box on Lincoln Avenue every day on her way to and from City Hall and many of the people who work there are people who live in District 3. She noted that Jack in the Box employees must deal with either unhoused or mentally unstable individuals daily and so she wanted to highlight the individuals who are serving the people who live or visit Anaheim. She recognized two USC students, one of which is a resident of District 3. The students are working on a policy initiative as part of their graduate studies regarding gang intervention and prevention and they came to her because she has been working closely with the Police Department Gang Enforcement Unit, Chief of Police Armendariz, City Manager Vanderpool, and Mayor Pro Tem Kurtz to address gang-related issues. She noted she grew up in a gang impacted area in District 3 and for her it is a major priority.
The young ladies prepared an op-ed and requested to collaborate with her on something that is more substantive and find solutions to help tackle the growing issue in the City. She shared that she partnered with the Mondragon Family Market, a local business that has been in District 3 for 40 years, and they were able to give away 300 backpacks to local kids in the area. She noted that many who City Council Minutes of August 13, 2024
attended the event walked from their homes because there are a lot of areas in District 3 that have parking challenges. She stated that parking is a quality-of-life issue, and when she reviews or approves housing initiatives, she takes parking into consideration. Unfortunately, the State of California has tied Council’s hands in many cases, and she recommended that those who have issues with parking contact their local Assembly Members and State Senators to let them know the issues they have created by some of their policies. She thanked everyone who contributed to the event including the Mondragon family and City staff who accommodated the street closure so that the community remained safe. The young boys and girls received haircuts, backpacks, helmets, school supplies, and Kona Ice donated ice cream because it was one of the hottest days of the year. She thanked Jack Knight (@jacktheartist2060), Public Utilities, Anaheim Police Department, Anaheim Fire Department, and the Oak Nature Center. She noted that many of the kids who live in District 3 have never attended the Oak Nature Center, but they were able to see some of the animals and things that are there, and it was a great experience for everyone. Council Member Rubalcava noted that August is Chicano Heritage Month in the City of Anaheim. Anaheim is one of two cities in the County of Orange that recognizes Chicano Heritage Month. She stated she is Mexican American, Chicana, and the Chicano riots took place at Little People's Park. Emigdio Vasquez painted the original mural that signified and represented the Mexican American community in Anaheim and across the county. She noted that his daughter accepted the recognition for Chicano Heritage Month earlier in the meeting and that is something that is significant for the City of Anaheim. She mentioned that Congressman Lou Correa, who was raised in District 3, is trying to get federal recognition for Chicano Heritage Month and he was recently recognized by the Orange County Fair, a state agency that also recognizes Chicano Heritage Month. Council Member Rubalcava attended National Night Out and noted La Palma Park and Pearson Park located in District 3 are two of the oldest parks in the City and would be great locations for National Night Out next year. She noted that community leader Sofia Romero was recognized by the Community Police Team because she has been instrumental in not only helping get individuals who are unhoused housing, but she has been keeping Deputy Director Sandra Lozeau, Anaheim Police Department, and herself informed on people who are getting their rents raised or individuals who might need food assistance. Council Member Rubalcava attended a community meeting that took place at Emerald Point located off Lincoln Avenue and Euclid Street, a newer development in District 3. She noted that many of the property owners at Emerald Pointe are very engaged and Sergeant Pardo from the Anaheim Police Department was there to address some of the public safety concerns. She also thanked Deputy Director Sandra Lozeau, Neighborhood Services, and Public Utilities General Manager Dukku Lee for walking around the community to address public safety issues that are occurring there.
Mayor Aitken thanked all the families and City staff that helped give the six exchange students from Mito, Japan a memorable experience. They spent time in the Friendship Garden, which is a homage to the City’s relationship with Mito, Japan, they received tours of City Hall and Angel Stadium they attended National Night Out, and they were able to enjoy a day at Disneyland. She stated she is an advocate for the City’s Sister Cities Program and building international relationships with all generations. Mayor Aitken thanked the Police Department for all the community activities at National Night Out. She thanked Council Member Leon for participating in the donut eating contest this year, because the one time she participated was enough. She stated the Anaheim Police Department staff worked hard on hosting the event and Modjeska Park was a beautiful site to have the event at. She thanked everyone who attended the event including the K9 Officers, Equine Officers, the SWAT Team, and the Anaheim Police Department Helicopter, Angel. Mayor Aitken stated that with summer coming to an end, it is time for backpack and school supply giveaways for families in the community.
Her office partnered with Orange County Supervisor Vicente Sarmiento, United Across Borders, Mi Pueblo Foundation, Shelly Padilla at State Farm, La Casa Garcia, and Regalo de Corazon Foundation to make sure that students have the supplies they need to succeed in the upcoming school year, including new shoes donated by Vans. She thanked everyone who made the event City Council Minutes of August 13, 2024
possible, including Public Utilities and Community Services for always being there. Mayor Aitken thanked SA Recycling for inviting her to tour their facility to see what they do with all the scrap metal that gets dropped off by Anaheim residents. They accept steel, tin, old cars, and appliances. The items are shredded, repackaged in a baler, and then are sent out to become some of the supplies needed for building houses and for doing all sorts of things. Mayor Aitken stated that Council Member Faessel mentioned SA Recycling has the largest electric motor in Orange County. She thanked all businesses for inviting Council to tour their facilities to learn what they are doing to make the community a better place.
CITY MANAGER’S UPDATE:
Assistant City Manager Greg Garcia echoed all the sentiments regarding National Night Out. He thanked Chief of Police Rick Armendariz and his team for an amazing event and thanked Community Services for assisting with the event. He congratulated the Finance Department, specifically Director Debbie Moreno and her team, for receiving the Certificate of Achievement for Excellence in Financial Reporting Program from the Government Finance Officers Association for the City’s Annual Comprehensive Financial Report for the 48th year in a row.
At 6:24 p.m., Mayor Aitken recessed the Anaheim City Council to address the Anaheim Housing Authority agenda, reconvening at 7:00 p.m.
CONSENT CALENDAR: The Consent Calendar was considered with Mayor Pro Tem Kurtz pulling Item Nos. 10, 12, and 20 for separate consideration.
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 Meeks.
ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0. Motion carried.
3. Receive and file minutes of the Sister City Commission meeting of November 28, 2022.
4. Waive the sealed bidding requirement of Council Policy 4.0 and ratify a two month extension of the master agreement with Hunter Consulting, Inc. dba HCI Environmental & Engineering, for firing range maintenance, cleaning and hazardous waste disposal, term ending September 30, 2024.
5. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement to Environmental Systems Research Institute, Inc. (ESRI), in the amount of $1,385,000, for Geographic Information Systems Enterprise software licensing including annual maintenance and software support for a three year term.
6. Accept the bid from Econolite, in the amount of $2,217,265.20 plus applicable sales tax, for the purchase of as needed traffic video detection systems and related equipment, for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9801.
City Council Minutes of August 13, 2024
7. Waive the sealed bidding requirement of Council Policy 4.0 and ratify the three month extension of the current master agreement with Greentech Landscape, Inc. to provide landscape maintenance services for the East area of the City, in the amount of $93,496.96 plus a 20% contingency, for unforeseen service requirements for the extension period for a term ending August 31, 2024; accept the bid from DMS Facility Services, in the amount of $329,760 plus a 20% contingency, to provide landscape maintenance services covering the East area of the City for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9790.
8. Award the construction contract to the lowest responsible bidder, TB High Performance Construction Inc., in the amount of $448,779, for the Haskett Library Makerspace Tenant Improvement Project; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine that the project is categorically exempt under the California Environmental Quality Act (CEQA) pursuant to Class 1 (Existing Facilities) of Section 15301 of Title 14 of the California Code of Regulations; and direct and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
9. Approve the Canine Transfer, Release and Agreement to Indemnify, Defend, and Hold Harmless with Sergeant Brian Bonczkiewicz authorizing the transfer of ownership of retired Police Service Dog “Valor,” and authorize the Chief of Police to execute the agreement.
11. Approve the Cloud Services Agreement with Oracle America, Inc., in an amount not to exceed $475,000 annually for the first five years, an annual increase not to exceed 4% for each of the subsequent five years, and a 5% contingency, including subscription and support services (engaged through ordering documents subject to the Cloud Services Agreement) for Work and Asset Cloud Service (WACS) and Oracle Field Service (OFS) for a ten year term; approve a Professional Services Agreement with RCC Global, LLC, for an average of $1,690,600 annually for the entire term (including any extension), and a 15% contingency, for WACS and OFS implementation services for a three year term and one optional two year renewal; approve the First Amendment to Agreement with SDI Presence, LLC to extend the contract term for an additional three years with an option to further extend one time for two years, so that SDI Presence can provide as-needed program management and technical support services for the WACS and OFS upgrade project, for an average amount of $400,000 annually for the term (including any extension) as extended by this First Amendment, and a 10% contingency; authorize the Public Utilities General Manager, or designee, to execute agreements, ordering documents, and related documents, and to take the necessary actions to implement and administer the Cloud Services Agreement with Oracle, Professional Services Agreement with RCC Global, LLC, and the Amended Professional Services Agreement with SDI Presence, LLC; and authorize de minimis changes to the Cloud Services Agreement, Professional Services Agreements, and related documents that do not substantially change the terms and conditions of the Cloud Services Agreement or Professional Services Agreements as determined by the City Attorney’s Office.
13. RESOLUTION NO. 2024-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Cooperation Agreement (Tampico Motel Conversion), in substantial form, for the Tampico Motel Conversion Affordable Rental Housing Development located at 120 S. State College Boulevard by and between the City of Anaheim and the Anaheim Housing Authority; authorize the Director of Housing and Community Development, or her designee to execute and administer the Cooperation Agreement; and, making certain findings in connection with such approvals [related to Housing Authority Item No. 02].
City Council Minutes of August 13, 2024
14. RESOLUTION NO. 2024-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a cooperative fire protection agreement with the California Department of Forestry and Fire Protection, and authorizing the Anaheim Fire Chief to execute the Operating Plan and any other documents required in connection with that agreement [Cooperative Fire Programs Local Responsibility Area Wildland Protection Reimbursement Agreement No. 3CA06906; in an amount not to exceed $181,477.75; effective July 1, 2024 through June 30, 2025].
15. RESOLUTION NO. 2024-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the International Brotherhood of Electrical Workers, Local 47, Anaheim Part-Time Customer Service Employees, and the City of Anaheim to recognize the Part-Time Principal Utilities Engineering Aide and the Part-Time Senior Utilities Engineering Aide as represented by the bargaining unit and to establish the terms and conditions for these classifications.
16. RESOLUTION NO. 2024-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a public utility easement located at 1236 North Magnolia Avenue pursuant to California Streets and Highways Code Section 8330, et seq.-Summary Vacation (ABA2024-00430).
17. RESOLUTION NO. 2024-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts).
RESOLUTION NO. 2024-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle).
18. Receive and file the Request for Withdrawal of Initiative entitled “City of Anaheim For-Profit Hospital Gross Receipts Tax Initiative” filed by the proponent of the initiative.
RESOLUTION NO. 2024-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, rescinding 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 equivalent to three (3) percent of the for-profit hospital’s annual gross receipts at the General Municipal Election to be held on Tuesday, November 5, 2024, as called by Resolution No. 2024-087, and repealing Resolution No. 2024- 087.
19. ORDINANCE NO. 6586 (ADOPTION) 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) [introduced at the Council meeting of July 23, 2024, Public Hearing Item No. 11].
ORDINANCE NO. 6587 (ADOPTION) AN ORDINANCE 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) [introduced at the Council meeting of July 23, 2024, Public Hearing Item No. 11].
21. Approve minutes of the City Council meetings of January 9, 2024 and January 23, 2024.
City Council Minutes of August 13, 2024
BUSINESS CALENDAR:
10. Approve a School Resource Officer Agreement with El Rancho Charter School, in an annual reimbursement amount not to exceed $55,000, for the Police Department to provide one School Resource Officer on a part-time basis for a one year term commencing on August 1, 2024, with up to five automatic one-year renewals; and authorize the Chief of Police to execute and administer the agreement.
DISCUSSION: Mayor Pro Tem Kurtz remarked that while she understands the need for School Resource Officers, and admires the schools and districts for reaching out, however, she wants to ensure that the City still has the patrol officers needed on the street.
Chief of Police Rick P. Armendariz explained that having a School Resource Officer on campus will help officers on the streets by reducing calls for service at the school. He noted that despite being located in District 6, El Rancho had 177 calls for service during the 2023-2024 academic year, making it the fourth highest among the seven junior high schools. He explained that by placing a resource officer on campus, the Department expects to reduce the need for patrol officers to be pulled away from their regular duties to respond to school issues, acting as a force multiplier.
MOTION: Mayor Pro Tem Kurtz moved to approve a School Resource Officer Agreement with El Rancho Charter School, in an annual reimbursement amount not to exceed $55,000, for the Police Department to provide one School Resource Officer on a part-time basis for a one year term commencing on August 1, 2024, with up to five automatic one-year renewals; and authorize the Chief of Police to execute and administer the agreement.
DISCUSSION: Council Member Rubalcava requested clarification regarding the type of calls for service being requested.
Chief Armendariz explained that, on average, the calls for service are crime-related, such as fights, threats among students, or trespassing on campus. He noted there are also traffic-related calls, like speeding or similar incidents. He explained that without a dedicated School Resource Officer, other police officers would have to respond to those types of calls for service. He added it does not apply to rules such as lack of attendance.
Council Member Rubalcava inquired how much of the reimbursed $55,000 is the City covering.
Chief Armendariz explained that they are using an existing budgeted officer for this role. He mentioned that the current budget includes 421 officers, the highest number in the department’s history. He noted that as officers complete training, they are being strategically assigned to areas with quality-of-life issues like homelessness, gang violence, and youth-related concerns. He explained that the officer would have had to respond to the calls anyway, but the Department is being reimbursed $55,000 for those services.
Council Member Rubalcava expressed concern with this issue, even though she has supported similar initiatives in the past. She pointed out that Sycamore Junior High, which has the highest gang population in the City, faces more serious problems, whereas El Rancho does not seem to have those types of issues. She inquired if it would make sense to just have police officers patrolling that area more frequently instead of being dedicated to a school.
Chief Armendariz explained that this junior high school is unique in that it is the only junior high in District 6. He noted that many of the issues in Anaheim Hills, like e-bike concerns, involve students City Council Minutes of August 13, 2024
who attend that school. He added that having an officer on-site to build relationships and make connections with parents and youth could help prevent and deter some of those issues. He remarked that the school is one of the top four junior high schools in Anaheim for police-related calls for service.
He acknowledged that while the issues there are different compared to other districts, it is a more active community in terms of reporting problems. He explained that all schools are required to meet certain standards when it comes to reporting incidents like fights, assaults, and threats, and this school adheres to those requirements.
Council Member Rubalcava inquired how many School Resource Officers are dedicated to the districts outside of District 6.
Chief Armendariz explained that the School Resource program is overseen by Sergeant Bob Conklin and has an officer assigned to the SMART program (School Mobile Assessment and Resource Team). He explained that the program handles threats, including those made on social media or on campus, by having a dedicated investigator who assesses these threats. He reported that for School Resource Officers, Anaheim Union High School District has 13 schools (seven high schools and six junior highs) with a total of 16,000 students. He advised that there are seven school resource officers assigned to these schools, with the cost shared between the Anaheim Police Department and the school district. He reported that there is an agreement with the Placentia-Yorba Linda Unified School District for Esperanza High School located in Anaheim, which has 1,400 students and one School Resource Officer. He noted that if this item is approved, a School Resource Officer will be assigned to El Rancho Junior High, which has 1,100 students.
Council Member Rubalcava restated that there are seven (7) School Resource Officers dedicated to 13 plus schools and the other districts have one dedicated to one school. She noted that this seems inequitable. She inquired if this was Orange Unified School District or Anaheim Unified High School District (AUHSD).
Chief Armendariz confirmed it is Orange Unified School District, but the school is located in Anaheim.
Council Member Meeks inquired if there are School Resource Officers at most of the other middle schools or junior highs within the City.
Police Chief Armendariz confirmed that there are seven School Resource Officers for AUHSD which covers 13 schools, seven high schools, and six junior high schools.
Council Member Meeks inquired if the agreement with AUHSD is an agreement with the school and not the Anaheim Police Department’s (APD) decision as to how many police officers should be at each school.
Chief Armendariz confirmed that is the agreement that AUHSD requested for the Police Department to be able to provide that service and then they compensate with the shared costs.
Council Member Meeks emphasized the importance of having School Resource Officers, especially at the middle school level. She remarked that at that age, students are still making choices about their future, and School Resource Officers can help build relationships and guide behavior. She expressed support for the item, noting that El Rancho is the only middle school in District 6, serving the entire district.
City Council Minutes of August 13, 2024
MOTION: Mayor Pro Tem Kurtz moved to approve a School Resource Officer Agreement with El Rancho Charter School, in an annual reimbursement amount not to exceed $55,000, for the Police Department to provide one School Resource Officer on a part-time basis for a one year term commencing on August 1, 2024, with up to five automatic one-year renewals; and authorize the Chief of Police to execute and administer the agreement, seconded by Council Member Meeks.
DISCUSSION: Chief Armendariz explained that if the officer for El Rancho is approved, they will spend some time on campus, but most of their time will be focused on working with the City's youth programs and gang violence prevention strategies. He noted that the officer will support the Youth Coordinator position recently approved by the City Council and will work on intervention and prevention related to youth and gang violence. He explained that the officer will have a dual role helping both at El Rancho and with citywide youth programs.
Council Member Diaz expressed support for the item. He noted that there are two ways to deal with crime which are reactive and preventive. He explained that the officer would be working with and educating students and the community around the schools on how to prevent crime, which is the ultimate crime prevention tool.
Council Member Rubalcava remarked that the cost per officer is upwards of $100,000 but only $55,000 is being covered and requested clarification of the funding.
Chief Armendariz explained that the cost for the officer would be 30% of the total cost. He noted that the officer will not be dedicated to the school full-time, but will be there half or a quarter of the time as needed. He also mentioned that the majority of the officer’s time will be spent working with the Youth Coordinator, focusing on citywide youth and gang intervention strategies.
Council Member Rubalcava inquired when the City Council will be able to see the plan for Youth Gang Intervention.
Chief Armendariz remarked that he was hoping to have a follow-up meeting with Council Member Rubalcava and Mayor Aitken to discuss some of these matters and present them to the City Council in the future. He explained that part of it relates to the budget with the City Council's approval of the Youth Coordinator being a big factor. Additionally, he explained they are working with some nonprofits and looking at funding sources to bring a few nonprofits to the City to help with the program. He anticipated an update to the City Council sometime next month.
Council Member Rubalcava reported that she is going to vote no on the item, not because she does not support school resource officers, as she has been a strong advocate for them. She explained that her concern is that the City is not recovering its expenses. She noted that in negotiations with the AUHSD, they are paying 50% of the cost for those officers, which is a fair arrangement. However, she feels that the current reimbursement rate for this initiative is not enough for Anaheim taxpayers.
Council Member Rubalcava acknowledged the importance of having resources in schools but expressed concern about the officer's time being divided. She pointed out that while it was mentioned that the officer would be dedicated to the school, there were conflicting statements about the officer also working on gang prevention initiatives, even though gangs are not prevalent in the area where the school is located. She noted that the division of time is a concern, especially when other districts face more significant gang challenges. She reiterated that she supports school resource officers but will vote no because she does not believe the taxpayers are being reimbursed enough to justify this expense.
City Council Minutes of August 13, 2024
Chief Armendariz reported that he misspoke and clarified that the officer will not be dedicated full-time to the campus. He explained that the officer would be on campus about half the time, with cost reimbursement covering 30%. He further explained that for the remainder of the time, the officer will be working on youth and gang intervention strategies Citywide. He noted that the officer will not necessarily be on campus during that time, but instead will be at the main station or supporting other campuses, as school resource officers often do.
Chief Armendariz acknowledged the earlier mention of other school officers, confirming that the schools pay for half of the cost while the city covers the other half, which provides full-time officers at those campuses. He explained that, in this case, the school will cover a little over a quarter of the cost, and the City will cover the rest. He further explained that as a result, the officer will be on campus part-time and will handle other responsibilities within the City during the remainder of the time.
Council Member Rubalcava remarked that Chief Armendariz mentioned the reason for dedicating someone to the school was due to the high number of calls for service. However, if the officer is stationed at the main station, it would take at least half an hour to respond to an issue, which, for her, does not make sense.
MOTION: Mayor Pro Tem Kurtz moved to approve a School Resource Officer Agreement with El Rancho Charter School, in an annual reimbursement amount not to exceed $55,000, for the Police Department to provide one School Resource Officer on a part-time basis for a one year term commencing on August 1, 2024, with up to five automatic one-year renewals; and authorize the Chief of Police to execute and administer the agreement, seconded by Council Member Meeks. ROLL CALL VOTE: 6-1. (AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Faessel, and Meeks; NOES: Council Member Rubalcava). Motion carried.
12. Waive Council Policy 4.1 and approve the Homeless Housing, Assistance and Prevention and Opioid Settlement Funding Access Program Subrecipient Agreement with the Mariposa Women and Family Center, in an amount not to exceed $100,000, to provide outreach and support services to Anaheim’s Collaborative Court Evaluating Strategies and Solutions Program’s participants funded through the Opioid Settlement Funds and the Homeless Housing, Assistance and Prevention Program Grant, for a one year term effective July 1, 2024 through June 30, 2025; and authorize the City Manager, or designee, to execute the agreement and the documents necessary to implement and administer the agreement.
DISCUSSION: Mayor Pro Tem Kurtz expressed support for the Mariposa Women and Family Center and the agreement. She inquired why the staff is asking the City Council to waive Council Policy 4.1 for only one year.
Deputy Director of Housing and Community Development Sandra Lozeau reported that the program began as a pilot but it has been progressing and noted that staff wanted to continue the services. She advised that staff are cognizant of the City Council policy but are waiving Council Policy to continue services for one year and then issuing a Request for a Proposal (RFP).
MOTION: Mayor Pro Tem Kurtz moved to waive Council Policy 4.1 and approve the Homeless Housing, Assistance and Prevention and Opioid Settlement Funding Access Program Subrecipient Agreement with the Mariposa Women and Family Center, in an amount not to exceed $100,000, to provide outreach and support services to Anaheim’s Collaborative Court Evaluating Strategies and Solutions Program’s participants funded through the Opioid Settlement Funds and the Homeless Housing, Assistance and Prevention Program Grant, for a one year term effective July 1, 2024 City Council Minutes of August 13, 2024
through June 30, 2025; and authorize the City Manager, or designee, to execute the agreement and the documents necessary to implement 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.
20. ORDINANCE NO. 6588 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Section 1.08.100 to Chapter 1.08 of the Anaheim Municipal Code establishing the Anaheim Local Housing Trust Fund.
DISCUSSION: Mayor Pro Tem Kurtz thanked staff for finally bringing the item forward. She noted that she has been passionate about bringing services to the senior population and discussing the need for a senior center in Anaheim. She noted she has become equally passionate about housing in the City and the need for it, just as she is about providing services to seniors. She acknowledged that housing is an extremely complex issue, but noted that establishing a Housing Trust will help the City address some of these complexities, whether it involves Safety Net vouchers, first-time homebuyer programs, additional housing stock, or other future discussions. She expressed pride in being able to vote to establish a Housing Trust in Anaheim, which will enable the City to make significant progress on housing issues. She thanked everyone for their hard work and emphasized that the Housing Trust is much needed in the City.
Mayor Aitken inquired about the next steps and timeline.
Director of Housing and Community Development Grace Ruiz-Stepter explained that the purpose of the item is to establish the Housing Trust Fund. She noted that the City has already pledged $30 million from the DisneylandForward negotiations. She added they also secured $1 million through the PRO Housing Grant, an award from the U.S. Department of Housing and Urban Development (HUD).
She mentioned that the HUD money, expected within 30 to 60 days, will likely be the first funding to come in, which will help with planning. She noted that staff hopes to return to the City Council before receiving the first $15 million from DisneylandForward, which will allow for serious planning on how to allocate the funds.
Director Ruiz-Stepter reported that the next step is to return with a Strategic Plan, providing the City Council an opportunity to approve or further define how the funds will be invested. She noted that the City Council has already expressed interest in focusing on eviction prevention and homeownership, and the department also recommends investing in housing production. She explained that the Strategic Plan will address which income levels the trust fund should target and how the unrestricted funds can be used. She explained that noted that unrestricted funds provide flexibility, allowing the City to explore markets currently inaccessible due to state and federal funding restrictions. She remarked that this includes potential investment in "missing middle" homeownership products. She explained that staff are consulting with other jurisdictions and experts to develop a comprehensive plan, outlining where to invest and which income levels to focus on. Lastly, she reported that City staff will provide an annual budget indicating how the trust fund's money will be spent over the next year.
Council Member Meeks thanked staff and noted that the City Council has been very supportive of bringing the item forward. She mentioned that this gives the City more local control and allows the City to allocate funds in ways that meet the priorities of the City Council. She expressed support for homeownership and helping young families, and working families, stay in the community and live close to where their jobs are. She also emphasized the importance of bringing homeownership back into some of the existing neighborhoods. She noted she was glad to hear that there will be an opportunity to see the Strategic Plan as it develops. She acknowledged that the money from the DisneylandForward project is great in the short term and sees an opportunity to look at ongoing City Council Minutes of August 13, 2024
revenue as the City sells off the resort bonds. While she noted that there may not be a lot of money available for the Housing Trust Fund in the next few years, she believes it is something the City Council can consider as the revenues become a reality.
Council Member Rubalcava commended the staff for bringing the item back so quickly, noting that they only started discussing it less than 19 months ago. She thanked the staff for bringing the item forward and expressed appreciation for all the funding sources listed and the potential opportunities that still exist. She mentioned that one funding source she did not see listed was Anaheim Tourism Improvement District (ATID) contributions. She emphasized that reallocating some of the Transient Occupancy Tax (TOT) money toward workforce housing for individuals working in the resort area is a priority. She noted that Mayor Pro Tem Kurtz has been working on this issue diligently and said she would love to see this added to the list of funding sources.
Council Member Rubalcava also highlighted voluntary developer contributions as a great way to encourage developers to provide more. She acknowledged that while this may affect parking, which is important to her, encouraging developers to contribute to the Voluntary Developer Distribution Fund while maintaining parking would help people continue to enjoy a high quality of life in the City and create more housing opportunities. She concluded by thanking the staff for bringing the item forward and for being so detailed in their plan.
Council Member Faessel noted that Anaheim is one of only four housing authorities in Orange County, which puts the city in a unique position where the housing trust can be an important tool in its toolkit. He mentioned that he served for a number of years in the Orange County Housing Trust during its formation and expressed pride in Mayor Pro Tem Kurtz for continuing his work in that area.
He emphasized the complexity of funding affordable housing projects and noted that a housing trust is one more valuable asset to help achieve those goals. He expressed his strong support for the initiative.
Council Member Leon inquired about the model staff decided on for the Housing Trust.
Director Ruiz-Stepter reported that after reviewing several different models with the help of diligent staff they decided on a public model. She noted that this decision was largely influenced by the feedback from the City Council, emphasizing the need for oversight on how the money is spent. She remarked that in particular, the Disney contribution was made with the expectation that there would be oversight from the City Council. She explained that given that this initiative is still in its early stages, she felt it was important for the City Council to set policy, making a public model the best choice at this time. She remarked that if future councils decide that a different model would work better, staff at that time could explore those options. She emphasized that with the City Council’s strong involvement and passion to move this forward, a public model made the most sense.
Council Member Leon referenced the staff report and noted that, because this is a public model, the City Council will serve as the oversight for whatever funds are received in this trust. He requested clarification if that means that no funds will be spent without prior approval and without being part of an agenda where the public can provide feedback.
Director Ruiz-Stepter confirmed that was correct and noted that since the Housing and Community Development Department would serve as the administrators, they would return to the City Council on an annual basis. She explained that once staff know what is in the trust, they will outline the projects or programs they are looking to impact, and present it similarly to how they present the Department’s budget. She further explained that if any changes are required mid-year, they would come back to the City Council.
City Council Minutes of August 13, 2024
Council Member Leon echoed his colleagues and thanked Director Ruiz-Stepter and the entire housing team for their ongoing creativity. He acknowledged that sometimes it takes creative solutions to ensure that projects are moving forward, to provide opportunities for the community, and to really help residents.
MOTION: Mayor Pro Tem Kurtz moved to introduce ORDINANCE NO. 6588 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Section 1.08.100 to Chapter 1.08 of the Anaheim Municipal Code establishing the Anaheim Local Housing Trust Fund, 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. Ordinance introduced.
22. Appoint Tina Riley (The Anaheim Hotel) and Rhanda Richardson (JW Marriot, Anaheim Resort) to the ATID Advisory Board to represent hotels within the Anaheim Tourism Improvement District boundary to a term of four (4) years each or stagger the initial terms with one (1) hotel representative to serve an initial term of four (4) years, and the remaining member to serve an initial term of two (2) years [if Council decides to stagger terms; direct the City Clerk to conduct a random drawing].
DISCUSSION: Mayor Aitken explained the item is to appoint members to the Anaheim Tourism Improvement District Advisory Board to a term of four years or stagger the initial terms.
MOTION: Council Member Faessel moved to appoint Tina Riley and Rhanda Richardson to a term of four (4) years each, 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.
PUBLIC HEARING:
23. 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 [continued from the Council meeting of July 23, 2024, Public Hearing Item No. 12].
RESOLUTION NO. 2024-095 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 Council Minutes of August 13, 2024
Public Works Director Rudy Emami reported that the item is for the proposed abandonment of portions of street right-of-way located west of Anaheim Boulevard, directly south of Midway Drive. He advised that the item was continued from the July 23, 2024 City Council meeting. He reminded the City Council that this abandonment was requested by the developer, Encore Anaheim, in order to clear titles and construct a 156-unit single-family attached dwelling residential project. He reported that at the previous meeting, the City Council requested that the developer be present to answer questions.
Director Emami reported that one concern raised was about access to and from the Golden Skies Mobile Home Park located south of the project. He explained that the Miraflores project will provide both pedestrian and vehicular access from Midway Drive to Anaheim Boulevard through the site. He also addressed questions about the path to the school and potential congestion when exiting the mobile home park. He reported that students will continue to use the crosswalk at the existing Lemon Street intersection once they reach the public sidewalk. He noted that while the proposed access to and from the mobile home park is slightly improved from the current situation, there are concerns about congestion. He explained that the mobile home park would retain access rights to Zeyn Street, and the property owners could choose to create a second access point to the northern property line directly onto Zeyn Street. He explained that this would require removing one or two mobile homes currently blocking the access point.
Director Emami addressed questions regarding the appraisal related to assembled values. He explained that when appraising roadway abandonments, the "across the fence" methodology is used, which considers the proposed land use at its highest and best use. He reported that in this case, a density of 36 units per acre was used. He noted that the process already takes assemblage into account because, without the abandonments, the property, divided by roadways and alleys, would make it challenging to achieve a project with that density. He added that the proposed project with the abandonments is currently designed to build at 24 units per acre.
DISCUSSION: Mayor Pro Tem Kurtz thanked Director Emami for addressing the concerns and mentioned that she had not seen the rendering until after the City Council meeting. She expressed gratitude for ensuring that residents of the mobile home community have access to two streets in case of emergency, both Anaheim Boulevard and Midway, with two-way traffic and pedestrian access. She highlighted her concern about only having one way in or out, which was causing backups at the Anaheim Boulevard driveway. She noted that the additional route helps alleviate the situation. She concluded by thanking Director Emami for the rendering, noting that it makes communication with the residents much easier.
Council Member Leon inquired about the two mobile homes that were going to have to be removed.
Director Emami reported that they will only be removed if the property owner chooses to take access from a second site that they have. He referenced the rendering that residents have access to Zeyn Street from the northern property line but it is blocked by the two mobile homes in question. He explained that if they put in another drive to connect the street it would create a secondary point of access. He emphasized that the property owner has always had the choice to create a second access point.
Council Member Leon inquired about the process of moving the residents of the mobile homes in question.
City Council Minutes of August 13, 2024
Director Emami explained that the property owner would have to work within tenant protection laws, especially those for mobile home parks but if there is space, they could potentially relocate the unit.
He noted that one area he looked at still appears to be open, and there is also an open space nearby.
At 7:42 p.m., Mayor Aitken opened the public hearing.
Stephanie Mercadante noted that at the last City Council meeting, the Mayor asked important questions about the appraisal process for the abandonment of public streets and alleys. She emphasized those questions need to be addressed to ensure the City is acting in the public's best interest and getting fair market value. She outlined her questions including an assessment over each alley or overall square footage, the property value of the parcel, and how the parcel’s value will be affected by combining the segments. She questioned why these kinds of questions were not asked when Disney purchased Magic Way, a public street connecting two Disney properties, which clearly increased its value. She reported that Disney provided the only appraisal for that land, which should have raised concerns. She thanked the City Council for paying attention to this project, which began under Mayor Sidhu, but compared it to the DisneylandForward project. She remarked that the City used an appraiser for Midway, while Disney controlled the appraisal for Magic Way. She noted that in both cases, important documents were not reviewed by the City Council. She referenced comments by Council Member Meeks regarding the appraisal. She clarified that the appraisal was not attached to the public hearing. She criticized the City staff and City Council for hiding important information, failing to review documents, and costing taxpayers money. She remarked this lack of transparency has damaged the council's relationship with the public. Finally, she stated that selling public land to an investor, who would then flip it for profit without including affordable housing, is not in the public's best interest.
Marc Herbert recommended that the hearing be postponed until the appraisal for the project is made available to the public. He went through several time stamps from the July 23, 2024 Council meeting highlighting issues and concerns with the appraisal and the property value.
Mr. Herbert continued highlighting the issues and concerns addressed at the July 23, 2024 public hearing. He explained the residents of Anaheim deserve to know when the appraisal was conducted and why it was not included in the public record. He concluded by stating that there appears to be a lack of urgency regarding this matter and that it might take outside authorities or investigations to uncover the full details, as the City is not providing adequate oversight.
One (1) electronic public comment was received related to Public Hearing Item No. 23, distributed to the City Council, and made part of the official record. – See Appendix.
At 7:51 p.m., Mayor Aitken closed the public hearing.
DISCUSSION: Council Member Rubalcava requested City Attorney Robert Fabela provide insight to the public on what the City Council is actually able to consider related to the public hearing and how approval of the project that the streets are connected to was handled by a previous City Council and is not subject to this hearing tonight.
City Attorney Fabela explained that the abandonment process is governed by either the Streets and Highways Code or City Council policy. He advised that the two main considerations for the City Council are whether the streets are necessary for the City or not, and whether the City is receiving fair market value as just compensation.
Council Member Rubalcava requested clarification on the topics that the City Council should not be discussing.
City Council Minutes of August 13, 2024
City Attorney Fabela explained that the City Council should not be discussing the project itself, the inclusion or lack of inclusion of affordable housing, or the voluntary payment for affordable housing.
He explained that those are topics that would have been appropriate for discussion during the initial land use issues.
Council Member Rubalcava inquired who reviewed the previous land use and approved the project.
City Attorney Fabela reported that it was reviewed by the Planning Commission.
Council Member Rubalcava clarified the current City Council never reviewed the entitlements. She inquired if there is anything that the City Council can do about those decisions now. City Attorney Fabela confirmed that the City Council cannot reverse those decisions.
Council Member Rubalcava inquired about what were the consequences if the City Council did comment on those decisions.
City Attorney Fabela noted that the City Council can comment on previous decisions, but basing a decision on them would be inappropriate.
Council Member Diaz remarked that 156 single-family attached homes mean the possibility of 156 families enjoying a home. He remarked that the City will not have to maintain the streets or incur liability for them. He emphasized that appraisals are holistic, accounting for all factors related to the property, including its highest and best use. He noted that abandonment is a common practice, done constantly by the city, the state, the federal government, and even individuals when buying or selling homes. He pointed out that this has been a tradition in the United States for 200 years, and there is nothing extraordinary about it. He expressed support for the project.
Council Member Meeks clarified that staff did come back and discuss the appraisal and the basis for the appraisal and confirmed that the value was reviewed as an assemblage. She explained that the density that can be on the site and the City’s portion of that square footage is valued the same as the other square footage on the site. She expressed the belief that the City is receiving a fair value. She suggested recommending that the City Manager allocate 50% of the money directly into the Housing Trust Fund as part of the City Council’s action to address both needs. She noted that the City cannot change the project but the City is receiving money from the street abandonment.
Council Member Meeks inquired if her recommendation to allocate the money could be part be a motion.
Mayor Aitken inquired if there was a reason why the appraisal was not attached to the staff report.
Director Emami reported that appraisals are typically part of City negotiations and are not made public on all land deals.
City Attorney Fabela explained that appraisals are specifically exempted from the Public Records Act as public records until the deal is closed. He noted that once the deal is closed the appraisal is public record and can be disclosed. He recommended that the City Council hold off on making a motion on how to allocate the money based on how the item was agendized. He recommended that the City Council pursue it as a separate agenda item at a later date.
Mayor Aitken inquired if the City used an MAI-certified appraiser for the appraisal and if the City Attorney reviewed it and the individual value of each of the roadways the City is abandoning.
City Council Minutes of August 13, 2024
Director Emami reported that the City hired the appraiser after the project was approved because it was understood that the abandonment was the direction the City wanted to take. He added that once the appraisal was completed, the standard process included assessing any existing encumberments on the property. He explained that discounts are typically applied based on the encumberments which is typical practice, as well as considering any exchanges or anything dedicated to the City to arrive at a figure. Lastly, he explained that was the number used to begin negotiations with the developer, and the number the City settled on.
Mayor Aitken remarked that she is very comfortable with the appraisal process. She expressed appreciation for Public Works and City Attorney’s Office staff for taking the time to answer many of the questions regarding the project given that it was not presented to the current City Council.
MOTION: Council Member Meeks moved to approve RESOLUTION NO. 2024-095 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) and 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, 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.
REPORT ON CLOSED SESSION ACTIONS: City Attorney Robert Fabela announced that Closed Session Item No. 1 is potential litigation related to Item No. 23.
PUBLIC COMMENTS (non-agenda items): None
COUNCIL AGENDA SETTING:
Council Member Meeks requested to agendize allocation of $800,000 to the Housing Trust Fund from the revenue for vacating portions of excess street right of way lying west of Anaheim Boulevard and directly south of Midway Drive.
Council Member Rubalcava requested an update on strategies to address parking lots and public sidewalks that are being impacted, specifically at Target off Euclid Street and Lincoln Avenue; an update on a no cause evictions policy; and an overview on the City’s initiative to recognize Chicano Heritage Month.
Mayor Pro Tem Kurtz requested an update on a no-cause eviction policy and a status on the City’s Tesla vehicles.
Council Member Diaz requested an update on the City’s policy related to homeless individuals occupying City parks.
City Council Minutes of August 13, 2024
ADJOURNMENT:
At 8:03 p.m., Mayor Aitken adjourned the City Council in memory of Larry Larsen, Greg Palmer, and John “Jack” Passerello.
Respectfully submitted,
Theresa Bass, CMC
City Clerk