Anaheim City Council
June 10, 2025

ANAHEIM CITY COUNCIL
REGULAR MEETING OF NOVEMBER 13, 2024
The regular meeting of November 13, 2024 was called to order at 3:01 p.m. in the Council Chamber of Anaheim City Hall, located at 200 South Anaheim Boulevard. The meeting notice, agenda, and related material were duly posted on November 7, 2024.

Pursuant to Government Code Section 54953, Subdivision (b), the regular meeting included teleconference participation by Mayor Ashleigh E. Aitken and Council Member Stephen Faessel from Tampa Marriott Water Street, Meeting Room 3 (Second Floor), 505 Water Street, Tampa, FL 33602.

The Notice and Agenda were posted at the teleconference location. Public comments from the teleconference location was allowed pursuant to Government Code Section 54954.3.

MEMBERS PRESENT: Mayor Pro Tem Norma Campos Kurtz and Council Members Jose Diaz, Carlos A. Leon, and Natalie Meeks.

Mayor Ashleigh E. Aitken and Council Member Stephen Faessel (via teleconference).

Council Member Rubalcava 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: City Attorney Robert Fabela reported that Closed Session Item No. 1 has been removed from the agenda and Item No. 3 relates to a potential settlement with JW Marriott regarding a Transient Occupancy Tax dispute.

PUBLIC COMMENTS ON CLOSED SESSION ITEMS: No in-person speakers and no public comments from the teleconference location. No electronic public comments were received related to the Closed Session agenda.

CLOSED SESSION: At 3:02 p.m., Mayor Pro Tem Kurtz 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 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.)
Item No. 1 was withdrawn from the Closed Session agenda.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Grandma’s House of Hope v. City of Anaheim, et al, Orange County Superior Court Case No. 30-2022-01241823

3. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956: One Potential Case ITEM # 16
City Council Minutes of November 13, 2024

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the California Government Code)
Assessor Parcel Number: 234-121-25: 514-522 East Vermont Avenue, Anaheim, CA 92805 Agency Negotiators: Jim Vanderpool, City Manager, Rudy Emami, Director of Public Works and Randy Saldana, Public Works Real Property Analyst
Negotiating Parties: City of Anaheim and Anaheim East Vermont, LLC Under Negotiation: Price and Terms of Payment
At 5:00 p.m., Mayor Pro Tem Kurtz reconvened the Anaheim City Council.

MEMBERS PRESENT: Mayor Pro Tem Norma Campos Kurtz and Council Members Jose Diaz, Carlos A. Leon, Natalie Rubalcava, and Natalie Meeks.

Mayor Ashleigh E. Aitken and Council Member Stephen Faessel (via teleconference).

INVOCATION: Pastor Erica Flora, Eastside Christian Church FLAG SALUTE: Mayor Pro Tem Norma Campos Kurtz
PRESENTATION: Recognizing Oliver Cortez’s Artwork throughout the City Mayor Pro Tem Kurtz recognized Oliver Cortez’s talent, vision, and artwork that have brought color, inspiration, and a unique perspective to the City. She noted that he has been an integral part of the City’s art scene. She shared that he has used City landmarks, streets, parks, and public spaces as inspiration, including a mural at Little People’s Park in recognition of Chicano Heritage Month. She noted that his work has established a deep sense of connection to the City and represents the City’s shared history, diverse culture, and collective identity. She recognized Mr. Cortez’s aesthetic, social, educational, and emotional impacts on the City.

Mr. Cortez thanked everyone in attendance for their support of his artwork. He thanked his family, his girlfriend, his mother, and his sisters for their support. He expressed his passion for making a positive impact in the community and motivating others to achieve success regardless of their background, and inspiring the next generation.

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

Recognizing October 6 – 12, 2024, as Code Enforcement Officers Appreciation Week
Recognizing October 20 – 26, 2024, as National Friends of the Library Week

Bonne Stevens, Treasurer for the Friends of the Anaheim Public Library, accepted the recognition and thanked the City Council. She shared that it is the 60th Anniversary of the group’s incorporation.

She noted that the Friends of the Library have raised over $1.8 million for the Anaheim Public Library system. She shared that they continue to raise funds, particularly through their book sales, which are held every third Friday of each month. She noted that their next sale will be on November 15th, with half-price DVDs and books for 25 cents, and children’s books available for ten cents. She reported that the funds raised will contribute to summer and winter reading programs, the Big Read, the Heritage Center, and other projects. She shared that the Friends of the Library have donated toward the newly renamed Friends Garden at the Central Library and are collecting donations toward the Maker Center at the Haskett Library. She reported that Mayor Pro Tem Kurtz, Congressman Lou Correa, and representatives from State Senator Tom Umberg and Assemblymember Sharon Quirk- City Council Minutes of November 13, 2024

Silva’s offices attended their 60th Anniversary celebration. She noted that it is their pleasure to work with the Library to keep the organization going for years to come.

Recognizing October 20 – 26, 2024, as Childhood Lead Poisoning Prevention Week
Recognizing November 14, 2024, as Law Enforcement Records and Support Personnel Day
Chief of Police Rick Armendariz and Records and Support Personnel Staff accepted the recognition.

Chief Armendariz reported that during Law Enforcement Records and Support Personnel week, the Department recognized an exceptional group of staff in the Records Bureau who operate behind the scenes to manage and organize the Department’s essential records. He shared that their hard work and attention to detail are vital to the Department’s functions. He reported that in 2023, the Records Bureau processed over 36,000 police reports. He noted that their dedication makes the Police Department stronger each day.

ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass noted that for Consent Calendar Item No. 12, Ordinance No. 6596 regarding the approval of the Amended and Restated Development Agreement with Anaheim Real Estate Partners, LLC, a memo was distributed to City Council from the City Attorney’s Office to reflect that their office inserted previously omitted information and deleted redundant Condition No. 87 included in Exhibit L of the Amended and Restated Development Agreement. The insertions and correction to the Conditions of Approval were part of the record of the public hearing and the action before Council includes replacing Exhibit B of the Ordinance. The memorandum was distributed to Council as well as posted on the City’s website and made publicly available.

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.

City Clerk Theresa Bass reported that a total of 30 public comments were received electronically prior to 1:00 p.m. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of 30 public comments were received electronically, distributed to the City Council, and made part of the official record]. – See Appendix.

Paul Hyek, addressing Item No. 13, requested that the City Council review the City of Ventura’s e- bike policy. He noted the dangers of e-bikes to handicapped individuals, their high rates of speed, and that they are often operated by children as young as 13.

Mark Richard Daniels, addressing Item No. 13, highlighted the dangers of e-bikes. He shared that his brother, who uses a wheelchair, has been struck several times by e-bikes or scooters. He explained that the situation could escalate to the point where someone is seriously injured or even killed.

Cecil Jordan Corkern requested that the City Council review reports on Disney. He requested that reports from the City’s channel be provided to him for review. He mentioned he will be monitoring the homeless situation and security.

Matthew Duncan shared his experience attending Anaheim public libraries as a child. He shared that a librarian had gone above and beyond and expressed his appreciation for library staff. He continued his comments from the previous meeting on the City’s use of banned rodenticides. He highlighted Rebecca Dmytryk with Humane Wildlife Control, who focuses on sanitation and rodent exclusion. He shared that Ms. Dmytryk had contacted the City Council to offer her services.

City Council Minutes of November 13, 2024

Marc Herbert complimented Council Member Rubalcava for reporting a discussion that took place at the Anaheim Tourism Improvement District (ATID) Transportation Committee meeting. He expressed concern that staff on the Board did not alert the public to that conversation. He requested clarification if the public is allowed to attend the meetings, after being informed that the public was not. He emphasized the Committee’s importance and oversight. He suggested a review of ATID’s funding and public participation at the meetings.

Mayor Aitken reported no public comments from the teleconference location.

COUNCIL COMMUNICATIONS:

Council Member Leon thanked everyone who joined him at 85 Degrees Bakery Café last month for the Cafecito event in partnership with Assembly Member Valencia. He stated that it was a great opportunity to connect with neighbors, discuss key issues in neighborhoods, and how to work together to make positive changes in the community. He thanked the Brookhurst Jr. High School Project S.A.Y. students for taking the time on a Saturday morning to get involved and engaged on key issues that are important to them and the City. Council Member Leon highlighted and shared photographs of events he attended including the Second Annual Trunk or Treat event at the Anaheim Elementary Key Campus. He thanked all the community partners including the Anaheim Elementary School District, the Brown Descents Car Club, Naranjeros Car Club, Anaheim Car Club, and everyone who stopped by to make it such a fun event. He congratulated all the volunteers and City staff for their efforts with the 100th Anniversary of the Halloween Parade. He congratulated Public Works for their trophy. Council Member Leon recognized all the amazing Día de Los Muertos events that took place across the City with vibrant decorations and heart-felt alters. He attended celebrations at Savanna High School, Peter Marshall Elementary, and the City’s event at Center Greens. He also recognized Veterans Day and all the veterans in the community who served in the military. He thanked all veterans for their bravery, sacrifice, and strength to protect everyone’s freedom. Council Member Leon invited everyone to an upcoming Turkey Giveaway on Sunday, November 24 from 10:00 a.m. to 12:00 p.m. at the Brookhurst Community Center. He stated he was honored to continue supporting Frank Garcia and his Thanksgiving tradition of giving thanks and giving back to the community. He stated the event will not be the traditional Thanksgiving event at the Honda Center, but in partnership with Frank Garcia, he will be distributing 200 turkeys to families in the community.

The drive-thru event will be first come, first served. Council Member Leon congratulated Mr. Z Noodle House, the October Restaurant of the Month. Mr. Z Noodle House is a family-owned small business that has been serving authentic Chinese flavors in District 2, located at Euclid Street and Crescent Way. They serve tasty noodles, savory stir-fries, and fresh dim sum. He stated that their dedication to traditional cooking shines through in every bite, and he encouraged everyone to support the restaurant as they continue to grow in our community. Council Member Leon congratulated 1 Stop Flooring Supply, the October Business of the Month. 1 Stop Flooring Supply has a location in Anaheim off Euclid Street and Broadway and a location in the City of Artesia. They have been providing top-notch flooring materials including hardwood, vinyl, and laminate. They have been in business for over 20 years and Andy the manager at the Anaheim location, and his father started the company even before he could speak English, showing how hard work and dedication can build something great. Council Member Leon stated that it is immigrants like Andy's father who play a vital role in the economy. He wished 1 Stop Flooring Supply continued success.

Council Member Rubalcava shared that she had the opportunity to speak to a class at Chapman University on local politics and congratulated Mayor Pro Tem Campos Kurtz on the recent election.

Council Member Rubalcava stated that it was an honor to be able to speak to many students about governing a local municipality and making budget decisions for public safety and other things like that. She shared that K&A Café and Catering, a local small business in Anaheim, will be hosting their annual Christmas Eve Community Brunch. Council Member Rubalcava stated that she will be City Council Minutes of November 13, 2024

requesting assistance again this year from the Anaheim Police Department, Fire and Rescue, and Anaheim Public Utilities. Approximately 800 individuals attended the event last year and received toys for their families and were also treated to a complimentary brunch. The event will take place on Christmas Eve, December 24th from 9:00 a.m. to 12:00 p.m. on Center Street. She noted that toy donations are being accepted at this time for kids of all ages including teens who are usually left out.

Toy donation boxes are located at K&A Cafe and wrapping paper donations are also being accepted.

Council Member Rubalcava noted that she attended Anaheim High School, Class of 1996, and she congratulated the football team who is currently in the CIF playoffs. They are playing this Friday, and she stated she is sending them fierce vibes for a win on Friday. Council Member Rubalcava stated that the Veterans Day event honoring many veterans in the City, including some Public Works employees who are also veterans, was held in District 3. Council Member Rubalcava requested adjourning the meeting in memory of Jacob Anthony Maldonado. Jake was born on January 23, 2002, and he passed away on August 13, 2024. He was a talented logistics specialist, admired by his colleagues for his dedication and work ethic. Outside of his professional life, he had a deep passion for basketball and music. He enjoyed playing basketball and was a devoted fan. She stated that he also loved the Dodgers, and although she is an Angels fan, she congratulated the Dodgers on their recent World Series win. Jacob is also remembered, not only for his skills on the court and his musical taste, but also for his infectious sense of humor and quick wit. Jake had a unique ability to bring joy to those around him, making every moment brighter. He is survived by his loving parents, her brother and sister-in-law, and his siblings Regina, Steven, and Jada. His presence will be deeply missed.

Mayor Aitken shared that she and Council Member Faessel had no Council Communications to report.

Mayor Pro Tem Kurtz highlighted and shared photographs of events she attended including two Halloween celebrations. She thanked Supervisor Vicente Sarmiento for donating hundreds of pumpkins to the Ponderosa Family Resource Center. Mayor Pro Tem Kurtz along with Mayor Aitken and Supervisor Vicente Sarmiento distributed the pumpkins to very excited families. She also thanked Community Services for their assistance. Mayor Pro Tem Kurtz also distributed pumpkins at the Golden Skies Mobile Home Park. She thanked Bharat Patel from Castle Inn & Suites and Tina Riley from Wincome Hospitality who helped make that possible. She attended the Friends of the Anaheim Public Library event and highlighted the importance of their work in raising funds for books for the Mobile Family Resource Center. Mayor Pro Tem Kurtz attended the Veterans Day celebration and expressed pride in her husband, a Vietnam War veteran, and the overall success of the Veterans Day celebration.

CITY MANAGER’S UPDATE: None
CONSENT CALENDAR: At 5:46 p.m., the Consent Calendar was considered with Council Member Leon pulling Item No. 2 and Council Member Meeks pulling Item No. 13 for separate discussion and consideration.

MOTION: Council Member Leon 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.

1. Receive and file minutes of the Public Utilities Board meetings of August 28, 2024 and September 25, 2024.

City Council Minutes of November 13, 2024

3. Approve the 2025 Investment Policy for the City of Anaheim.

4. Approve carryover expenditure appropriations of $120,540,934 from Fiscal Year 2023/24 to Fiscal Year 2024/25 for projects previously approved by the City Council but not completed.

5. Determine, on the basis of the evidence submitted by Good Hope International, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2016-00001 for the 2024 review period for the eight-story, 580-room hotel project located at 1700 South Harbor Boulevard in The Anaheim Resort.

6. Approve the agreement with Nichols Consulting Engineers, Chtd, dba NCE, in the amount of $532,840 inclusive of a 10% contingency for as-needed extra work for the completion of services, for engineering services to provide the Citywide Pavement Management Plan Update for the Arterial Highway System and Local Street System from Fiscal Year 2025 to Fiscal Year 2029; and authorize the Director of Public Works, or designee, to execute the agreement and related documents and to take the necessary actions to implement and administer the agreement.

7. Approve a Master Agreement with eight contractors and such other pre-qualified contractors as may be pre-qualified by the City during the term of the Master Agreement, each in an amount not to exceed $1,000,000 per work order package or request for emergency response services, for park facility maintenance, demolition, repair, replacement and emergency response services each for a five year period with up to two two-year optional extensions; authorize the Director of Community Services, or designee, to execute the agreements and to take the necessary actions to implement and administer the agreements, including any extensions; determine that the projects to be performed under the Master Agreement shall be categorically exempt under the California Environmental Quality Act, Sections 15301, 15302, 15303, and/or 15304 of Title 14 of the California Code of Regulations; and authorize de minimis changes that do not substantially change the terms and conditions of the Master Agreement, as determined by the City Attorney’s Office [Academy Electric, Inc.; Carmody Construction Company; Evolution Landscaping, Inc.; PALP, Inc. dba Excel Paving Company; Hardy & Harper, Inc.; Leighton Consulting, Inc.; New Dimension General Construction, Inc.; and RAMCO General Engineering Contractors, Inc.].

8. Approve the Renewable Power Purchase and Sale Agreement with Energy Development & Construction Corporation, dba EDCC, by which EDCC will own, operate, and maintain a wind farm generating facility (Project) and sell to the City all Project-generated energy and renewable attributes including a right of first refusal to all of the Project’s future potential products, at an approximate annual cost of $1,800,000 during the initial term, which may be increased once at any time by up to 17% if EDCC elects to repower the Project to expand its generating capacity, for an initial term of ten years with up to two ten-year optional extensions; authorize the Public Utilities General Manager, or designees, to execute the Agreement and any associated documents; execute any amendments or restatements to the Agreement, including the optional term extensions, that are cost-neutral/reducing or would involve only minor administrative cost increases; execute any documents needed to carry out the transaction as contemplated by the Agreement, such as collateral assignment agreements, power scheduling agreements, and scheduling coordinator agreements; and to take the necessary actions to implement and administer the Agreement.

City Council Minutes of November 13, 2024

9. Approve the Grace Orchard Solar Project Power Sales Agreement with Southern California Public Power Authority (SCPPA) by which SCPPA will sell to the City energy and associated renewable attributes generated by the Grace Solar Project, at an annual cost not to exceed $13,300,000, for a twenty year term; authorize the Public Utilities General Manager, or designees, to execute the Agreement and associated documents; execute any amendments or restatements to the Agreement that are cost-neutral/reducing or would involve only minor administrative cost increases; execute any documents needed to carry out the transaction as contemplated by the Agreement; and to take the necessary actions to implement and administer the Agreement.

10. Approve a First Amendment to Allocation Agreement Resettlement of Injunctive Claims with Anaheim Arena Management, LLC (AAM), increasing the final reimbursable amount payable to AAM by approximately $139,000, from $1,300,000 to $1,439,000, for work performed by AAM related to the completion of certain architectural remedial work at the Honda Center pursuant to the previously authorized settlement of lawsuits filed under the Americans with Disabilities Act of 1990; and authorize the Executive Director of the Convention, Sports & Entertainment Department to execute the amended agreement and to take the necessary actions to implement the agreement.

11. ORDINANCE NO. 6594 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 1.04.310 and adding Section 1.04.312 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code relating to the procurement of certain equipment, materials, supplies and services for the Public Utilities Department to address emergency repairs, operations, maintenance, and construction of electric and water utility infrastructure [up to $3,000,000 per procurement award; introduced at the Council meeting of October 29, 2024, Item No. 26].

Determine that the ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment and therefore is not a project within the meaning of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Section 15378(b).

12. ORDINANCE NO. 6595 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) and Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code (DEV2023-00050) [Amendment No.1 to the OCVIBE Master Site Plan; introduced at the Council meeting of October 29, 2024, Public Hearing Item No. 30].

ORDINANCE NO. 6596 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the Amended and Restated Development Agreement No. 2020-00004 by and between the City of Anaheim and Anaheim Real Estate Partners, LLC and making certain findings related thereto (DEV2023-00050) [Amendment No.1 to the OCVIBE Master Site Plan; introduced at the Council meeting of October 29, 2024, Public Hearing Item No. 30].

Ordinance No. 6596 includes inserted previously omitted information and deleted redundant Condition No. 87 included in Exhibit L of the Amended and Restated Development Agreement and replacement of Exhibit B of the Ordinance.

City Council Minutes of November 13, 2024

14. Receive and file the Anaheim Police Department’s Annual (2023) Military Equipment Report.

ORDINANCE NO. 6598 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM renewing, with modifications, Ordinance No. 6561 approving the Anaheim Police Department’s Military Equipment Use Policy (Policy 705) pursuant to California Government Code Section 7071.

15. ORDINANCE NO. 6599 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim Municipal Code (Public Parks - Prohibited Conduct Generally) [includes determination that ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment as there is no possibility it will have a significant effect on the environment and it is not a " project', as defined in Section 15378 of State CEQA Guidelines].

BUSINESS CALENDAR:

2. Approve recognitions recognizing Mike Rubin’s retirement as a Board Member with the Anaheim Community Foundation; 2024 Anaheim Tech Scholar Recipients; Anaheim Fall Festival Committee’s efforts in the 100th Anniversary of the Fall Festival; the 50th Anniversary of West Anaheim Girl Scout Troop 3702; and the 40th Anniversary of GBS Linens.

DISCUSSION: Council Member Leon requested to update the recognition for the Anaheim Fall Festival Committee to include the City Departments that participated in the parade.

MOTION: Council Member Leon moved to approve recognitions recognizing Mike Rubin’s retirement as a Board Member with the Anaheim Community Foundation; 2024 Anaheim Tech Scholar Recipients; and Anaheim Fall Festival Committee’s and the City’s efforts in the 100th Anniversary of the Fall Festival; the 50th Anniversary of West Anaheim Girl Scout Troop 3702; and the 40th Anniversary of GBS Linens, 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.

13. ORDINANCE NO. 6597 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Chapter 14.72 to Title 14 of the Anaheim Municipal Code regarding the operation of motorized wheeled conveyances in the City of Anaheim [including E-Bike regulations].

DISCUSSION: Council Member Meeks highlighted the importance of establishing rules for E-Bikes to educate users to address current issues.

In response to Council Member Meeks, Chief of Police Rick Armendariz defined public pathways as streets, roads, highways, bicycle paths, and bicycle lanes.

Council Member Meeks inquired if that includes a multi-use trail for bicycles and pedestrians. Chief Armendariz reported that those trails fall into a different category for paved trails, which have a 10- mile-per-hour limitation.

City Council Minutes of November 13, 2024

Council Member Meeks referenced the exception for motorized tricycles and quadricycles necessary for mobility-challenged people. She expressed concern that a speed limit was not proposed for those vehicles. She requested additional information on the regulations and guidelines that govern those conveyances. Chief Armendariz explained that the intent of the exemption was for individuals with limited mobility who need assistance.

Officer Tyler Raabe explained that the maximum speed for electric wheelchairs is five to ten miles per hour for individuals to move around. He added that the intent was for safety and to allow individuals to use wheelchairs and not the typical motorized conveyances.

Council Member Meeks inquired if Park Rangers can enforce the regulations in parks and on trails.

Chief Armendariz reported that sworn officers typically enforce the regulations.

Director of Community Services Sjany Larson-Cash explained that Park Rangers can advise, but they do not have enforcement capabilities. She noted that challenges include individuals driving away from Park Rangers. She shared that Park Rangers advise anyone riding motorized conveyances in the parks.

In response to Council Member Meeks, Director Larson-Cash confirmed that staff can work with the Police Department to enforce the regulations for immediate needs. She shared that staff can work with the Community Policing Team for any recurring issues.

Council Member Rubalcava thanked staff for bringing the ordinance forward. She inquired if the proposed ordinance was modeled after other cities. Chief Armendariz reported that staff evaluated the 34 Orange County cities, OC Parks, and the County for unincorporated areas.

In response to Council Member Rubalcava, Chief Armendariz stated that no cities in Orange County require a license to operate because the State does not require one.

In response to Council Member Rubalcava, Chief Armendariz reported that E-Bike complaints have been increasing. He shared that between 2019 and 2022, E-Bike sales increased by 269%, with an average of one million E-Bikes sold each year. He noted that E-Bike accidents have increased from 2019 to 2023, with increases each year.

Council Member Rubalcava requested additional information on the recent approval of a School Resource Officer at El Rancho Charter School, in response to E-Bike complaints. Chief Armendariz shared that an additional officer was requested in response to community concerns. He reported that a staff member at El Rancho had mentioned that a majority of the youth involved with E-Bike violations are students from the school.

In response to Council Member Rubalcava, Chief Armendariz explained that the APD’s Traffic Unit continues to educate patrol officers on current and future laws. He noted that the School Resource Officers will continue to receive education and provide education to school staff, students, and parents. He explained that when dealing with traffic concerns, APD focuses on education, enforcement, and engineering.

Council Member Rubalcava expressed her support for the ordinance. She requested the implementation of stronger laws around how youth are utilizing E-Bikes or requiring a license to go over a certain speed limit.

Council Member Faessel inquired if all trails, including ones that are not paved, would be covered under the proposed ordinance. Chief Armendariz explained that the proposed ordinance defines City Council Minutes of November 13, 2024

unsafe operations as operating on unpaved trails meant for hiking, equestrian use, or walking. He clarified that E-Bikes would be prohibited on unpaved trails.

Council Member Diaz expressed his support for the ordinance.

MOTION: Council Member Diaz moved to introduce ORDINANCE NO. 6597 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Chapter 14.72 to Title 14 of the Anaheim Municipal Code regarding the operation of motorized wheeled conveyances in the City of Anaheim [including E-Bike regulations], seconded by Council Member Meeks.

DISCUSSION: Council Member Rubalcava inquired if there will be comprehensive outreach to the community regarding the ordinance.

Chief Communications Officer Mike Lyster commended the APD for educating the public on the different types of vehicles and regulations that apply to them. He shared that the Communications Team can partner with the APD to provide outreach to the community.

Mayor Pro Tem Kurtz requested that motorized scooters be included as part of the communications to the community.

MOTION: Council Member Diaz moved to introduce ORDINANCE NO. 6597 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Chapter 14.72 to Title 14 of the Anaheim Municipal Code regarding the operation of motorized wheeled conveyances in the City of Anaheim [including E-Bike regulations], 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. Ordinance introduced.

16. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Section 1.11.085 (Gift Restrictions), to Chapter 1.11 (Sunshine Provisions) of Title 1 (Administration) of the Anaheim Municipal Code [Prohibiting gifts from restricted resources over fifty dollars ($50)].

Assistant City Attorney/Ethics Officer Artin Berjikly reported that at the October 8, 2024 City Council meeting, the City Council directed the City Attorney’s Office to bring back for the Council’s consideration an ordinance that would strengthen the City’s laws with respect to the acceptance of gifts from restricted sources to ensure that Anaheim’s City officials that file Statements of Economic Interest (Form 700’s) cannot accept gifts above fifty dollars ($50) from these sources in a calendar year. He explained that restricted sources include lobbyists or a person who is conducting business before the City in one of many ways. He shared that the proposed ordinance adds Section 1.11.085 to the Anaheim Municipal Code (AMC).

Assistant City Attorney/Ethics Officer Berjikly summarized concepts included in the proposed ordinance, which defines a gift as any payment that confers a personal benefit upon a recipient, including monetary goods or services. He reported that the State allows for receipt of gifts up to $590 from reportable sources. He explained that under the proposed ordinance, the City would allow for Form 700 filers to accept gifts up to $50 from certain restricted sources. He clarified that all other reportable sources would remain at the $590 State limit.

Assistant City Attorney/Ethics Officer Berjikly defined restricted sources as a person seeking a City contract within the past 12 months, or currently under contract with the City, and for 12 months after City Council Minutes of November 13, 2024

the contract has ended; a person seeking a license, permit, or other entitlement for use, or having sought one in the past 12 months and for 12 months thereafter; registered lobbyists or those requiring to be registered under City law; and any person lobbying, influencing or advocating the City that would have a personal financial impact over the past 12 months or 12 months thereafter. He clarified that the restricted sources represent two groups: registered lobbyists or those required to be registered, or those having business before the City.

Assistant City Attorney/Ethics Officer Berjikly reported that under the proposed ordinance, there should be no solicitation of a gift from a restricted source by a City official. He added that City officials should not accept gifts of more than $50 in a calendar year from any restricted source and should not accept gifts from an unknown source. He explained that the unknown source would be when a City official does not know where the gift is coming from. He added that a City official would be required to make a reasonable effort to determine whether a gift giver is a restricted source. He reported that for the gift giver, there should be no intentional or knowing gift giving to a City official, and a gift giver should make a reasonable effort to inform a City official if they are a restricted source.

Assistant City Attorney/Ethics Officer Berjikly reported that enforcement would have an emphasis on compliance with the chance to correct a violation within the State’s 30-day period. He explained that California allows for a 30-day cure period to return the gift, pay for the gift, or donate the gift to charity. He noted that the City would mirror the State’s 30-day cure period to allow for compliance and not to punish the City official or gift giver. He shared that the law is specific about how the issues can occur. He explained that if there is intentional or knowing behavior by a City official or a gift giver, or if a gift is not cured by one of the processes, penalties include personnel discipline, censure, admonishment, termination of employment, or an infraction.

Assistant City Attorney/Ethics Officer Berjikly reported that staff focused on detailing the definitions section, particularly restricted sources and prohibitions. He shared that Section 1.11.085.030 would outline violations and enforcement. He emphasized that the goal of the ordinance is compliance and curing, and not seeking punishment against a City official or gift giver. He stated that the restricted sources would be individuals with the most potential for influence upon a City official. He added that gifts from nonrestricted sources can still be made up to the $590 State level. He explained that the proposed ordinance is a local restriction designed to lower the State’s current limit. He reported that by using the word restricted, staff are not implying that a gift is not allowed. He explained that the implication is that a gift from a restricted source may be made only when it does not exceed $50. He added that gift exceptions, such as gifts provided to the City in limited circumstances or under the Ticket Policy guidelines, or other State exceptions, would still be applicable under the proposed ordinance. He expressed his support for the item.

DISCUSSION: Council Member Faessel expressed support for a control on gifts and his support for hiring an Ethics Officer. He explained that the $50 limit will be difficult for officials to manage and suggested that the limit be increased to $100. He reported that officials attend various receptions where food is served, and trying to determine what is valued at $50 would be difficult. He explained that because officials are required to file Form 700s for anything over $50, the $100 limit would be reasonable.

Council Member Leon expressed his support for the item and expressed appreciation for the Ethics Officer and City Attorney for their work on the proposed ordinance, and Council Member Diaz for his input. He explained that the ordinance is crucial to preserve the integrity of public office and maintain the trust of the community. He added that moving forward will provide clarity, reinforce the City’s commitment to ethical governance, and provide transparency to the community. He shared that the proposed ordinance creates clear boundaries for elected officials and City officials to remove any uncertainty about what is acceptable. He explained that the clarity protects officials from any ethical City Council Minutes of November 13, 2024

dilemmas, potential legal issues, and creates a straightforward standard to follow and simplifies compliance. He addressed Council Member Faessel’s suggestion to raise the limit to $100; he expressed his interest in maintaining the $50 limit but requested additional advice from the Ethics Officer. He shared that the $50 limit adds clarity, and anything under $50 does not have to be reported per State law.

Assistant City Attorney/Ethics Officer Berjikly explained that the $50 limit was established as a median point between what other jurisdictions have established. He shared that the limit would avoid confusion due to the State’s requirement to report anything over $50 on a Form 700.

In reference to Council Member Faessel’s comments, City Attorney Robert Fabela requested clarification from Assistant City Attorney/Ethics Officer Berjikly on how the Fair Political Practices Commission (FPPC) would value food for non-ticketed events or conferences.

Assistant City Attorney/Ethics Officer Berjikly explained that for ticketed events, the value would be what is included on a ticket or pass. He reported that for invitation-only events, the value would be determined by adding up the cost of food, drinks, and entertainment at the event, and dividing by the number of attendees. He shared that if the gift is from a restricted source, under the proposed ordinance, if the value exceeds $50, it would be prohibited unless the official paid for the event at or below $50. He explained that an exception would be for nonprofit fundraisers, which are not considered gifts.

In response to Council Member Rubalcava, Assistant City Attorney/Ethics Officer Berjikly explained that elected officials are at the highest disclosure level for gifts.

Council Member Rubalcava requested additional clarification on reporting for various Form 700s.

Ethics Officer Berjikly explained that future discussions can be held to clarify rules or restrictions.

Council Member Rubalcava expressed her support for the ordinance.

Council Member Diaz expressed his support for the ordinance. He explained that the proposed ordinance communicates to lobbyists and people doing business with the City to refrain from providing gifts to City officials. He noted that the provision for gifts received 12 months prior to and 12 months after is similar to the Levine Act.

Mayor Aitken expressed her support for the ordinance. She explained that the City is seeking transparency and trying to provide good service to the people of Anaheim. She thanked Council Member Leon and Council Member Diaz for their work on the ordinance.

In response to Mayor Pro Tem Kurtz, Assistant City Attorney/Ethics Officer Berjikly explained that gift laws are evaluated case by case. He noted that the State provides exceptions, but within those exceptions, they are case by case. He shared that if gifts are passed through or distributed to other people, it would not qualify as a gift.

Mayor Pro Tem Kurtz requested clarification on whether an entrance fee for a parade would be considered a gift.

Assistant City Attorney/Ethics Officer Berjikly explained that it would fall under a ceremonial role, which is an exception by the State.

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In response to Mayor Pro Tem Kurtz, Assistant City Attorney/Ethics Officer Berjikly explained that the gift is related to a particular instance. He clarified that if a gift is from the same source, the amount accumulates for a calendar year.

Mayor Pro Tem Kurtz inquired if the proposed ordinance would apply to labor union events.

Assistant City Attorney/Ethics Officer Berjikly clarified it would depend on what the event is and what the official’s role is. He explained that if it is for a ceremonial role or fundraiser, it would not apply. He added that generally, if it does not fall under those exceptions, it would be considered a gift.

In response to Mayor Pro Tem Kurtz, Assistant City Attorney/Ethics Officer Berjikly clarified that a non-profit would be considered a 501(c)(3) and 501(c)(6).

Mayor Pro Tem Kurtz requested that the restriction be placed on lobbyists to inform officials on the value of attending an event before an invitation is accepted.

Assistant City Attorney/Ethics Officer Berjikly explained that the 30-day cure period is included for officials to make a determination on whether they decide to pay the value in full or pay the value down. He explained that determining the value before the event would place more of a responsibility on the City official and gift provider in determining a value as soon as possible.

Council Member Rubalcava inquired if behested payments are included. She provided an example of requesting a business to support an event she is holding, and if that would be considered a gift.

Assistant City Attorney/Ethics Officer Berjikly confirmed that it would generally be considered a gift.

Council Member Rubalcava requested additional review of the inclusion of behested payments. And requested that the $50 limit not apply to events where officials work with non-profits. She suggested additional training and clarification on behested payments.

Assistant City Attorney/Ethics Officer Berjikly confirmed additional training could be provided. He explained that the full intention is to inform and educate the public.

Council Member Rubalcava explained that labor unions are not defined as lobbyists under the City’s lobbying ordinance. She requested additional information on how they apply to the proposed ordinance.

Assistant City Attorney/Ethics Officer Berjikly explained that a lobbyist would be a restricted source and apply to gifts and not campaign contributions. He explained that the proposed ordinance is to limit gifts from certain individuals to limit the potential for undue influence.

Council Member Rubalcava suggested an exclusion for behested payments because they are already included in State law.

Assistant City Attorney/Ethics Officer Berjikly shared that staff can use the same definition for a gift as the State, which would include exceptions. He explained that the proposed ordinance is evaluating gifts that do not fall under any State exception or exemption or are from restricted sources.

In response to Council Member Rubalcava, Assistant City Attorney/Ethics Officer Berjikly confirmed that the language for behested payments can be included in the ordinance.

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Council Member Faessel suggested that the item be continued to address concerns raised by Council Members.

MOTION: Council Member Faessel moved to continue the item.

DISCUSSION: City Attorney Fabela clarified that the request would be to continue the item.

MOTION: Council Member Faessel moved to continue the item, seconded by Mayor Aitken.

DISCUSSION: In response to Council Member Faessel, City Attorney Fabela added that the continuance can be for a future meeting and not a date certain.

Mayor Pro Tem Kurtz expressed concern about the behested payments. She expressed her interest in continuing to work with businesses to hold various events and programs.

City Attorney Fabela requested clarification on whether the continuance would be to a date certain or a date that can be decided at a later point.

Council Member Faessel clarified that the item can be continued to a date to be determined once there are answers to the questions raised.

Council Member Leon expressed concern about postponing the item. He mentioned that starting January 1, the City Council will have new reporting requirements in place and potential new members of the City Council. He requested an amendment to continue the item to the next City Council meeting.

Council Member Faessel expressed concern that there would not be enough time to address the concerns raised for the next meeting.

Council Member Rubalcava agreed with Council Member Leon’s concerns and suggested that the committee working on the ordinance meet to discuss the concerns.

City Attorney Fabela explained that the City Council agenda for the November 19, 2024 meeting will be posted the following day. He explained that if Council Members Diaz and Leon have spoken to a third member about the topic that is not Council Member Rubalcava, it would prevent Council Member Rubalcava from participating at a future date.

Council Member Faessel suggested that the item be addressed before the end of the year.

City Attorney Fabela explained that the motion will be interpreted as a continuance to a future meeting with no set date.

Mayor Aitken echoed Council Member Faessel’s comments. She explained that the rules will affect new members of the City Council who may want to provide input on the item.

Council Member Leon requested to bring the item forward at the December 10th meeting. Council Member Faessel suggested taking a vote on the current motion.

City Clerk Bass explained that the December 10th meeting will include an item to certify the results of the election. She explained that the November 19th meeting will be adjourned to 3 p.m. on December 10th to certify the results, and at 5 p.m., the Oath Ceremony will be held at The River Arena.

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In response to Mayor Pro Tem Kurtz, City Clerk Bass reported that the next meeting following December 10th will be December 17th and will include the newly elected Council Members. She explained that the second reading for the ordinance could be agendized for the first meeting in January and the ordinance would become effective 30 days from that date.

Council Member Rubalcava expressed her support for the ordinance. She explained that she requested additional clarification on the behest of payment. She explained that she will not be supporting a continuance. She suggested that the City Council support the introduction of the ordinance with the added clarification.

Council Member Diaz acknowledged the Mayor’s comments on receiving the new Council Members' input. He explained that he and Council Member Leon have worked on the ordinance and made it simple to follow.

In response to Council Member Diaz, City Attorney Fabela confirmed that a vote is required for the action.

Council Member Diaz shared that the item can be voted upon and introduced and then Council Members can ask additional questions at the next meeting.

Council Member Meeks explained that she will support a continuance to address the questions raised. She requested additional clarification on how the gift value for events is determined before moving forward with the item.

Council Member Leon expressed his appreciation for his colleagues and their input. He explained that the purpose of the item is to take a step towards a government built on transparency, accountability, and public trust. He echoed Council Member Diaz’s comments that the item is intended to provide clarity and a standard beyond the State’s requirements. He added that the item is intended to remove any potential influence from restricted sources, lobbyists, those required to register as lobbyists, and those who have business before the City. He explained that the intent is to set a high ethical standard and reassure the community that decisions are made transparently and in the best interests of the community. He added that there will be endless scenarios and hypotheticals.

He explained that the Ethics Officer and City Attorney are available to answer questions at any time without having to wait until an issue is brought up. He requested to introduce the ordinance.

City Attorney Fabela explained that substitute motions are not allowed under the City’s Rules of Order. He explained that to continue, Council Member Faessel would need to withdraw his motion that is on the table or vote on the current motion and make another motion at that time.

Council Member Faessel requested to withdraw the question.

City Attorney Fabela explained that it requires a two-thirds vote, however, he explained that if there are no objections, the Mayor Pro Tem can call the question.

In response to Mayor Pro Tem Kurtz, City Attorney Fabela clarified that the question can be called without objection from the Council.

In response to Council Member Rubalcava, City Attorney Fabela explained that a ‘no’ vote would not support the continuance.

In response to Council Member Leon, City Attorney Fabela clarified that a motion on the floor cannot be replaced with another motion according to the City of Anaheim’s Rules of Order.

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In response to Council Member Leon, City Attorney Fabela clarified that the City Council may have previously proposed friendly amendments but not substitute motions.

In response to Council Member Faessel, City Attorney Fabela explained that if Council Member Faessel were to withdraw his motion, the motion on the floor would be to introduce the ordinance.

City Attorney Fabela clarified that the current motion is to continue the item to a future date.

MOTION: Council Member Faessel moved to continue the item to a future meeting date, seconded by Mayor Aitken. ROLL CALL VOTE: AYES – 4 (Mayor Aitken and Council Members Kurtz, Faessel, and Meeks); NOES – 3 (Council Members Diaz, Leon, and Rubalcava). Motion carried.

17. RESOLUTION NO. 2024-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting the State of California take action to mitigate the impacts of Senate Bill 357 [SB 357 – “Safer Streets For All Act”].

Assistant City Manager Greg Garcia reported that the item is for consideration of a resolution that requests the State to help mitigate the impacts of Senate Bill (SB) 357. He explained that at the October 29, 2024, City Council meeting, Council Member Diaz requested a resolution urging the State of California to take action to mitigate the impacts of Senate Bill 357, also known as the “Safer Streets for All Act” (SB 357). He shared that SB 357 took effect in 2023 and repealed a law that criminalizes loitering with the intent to engage in sex work. He explained that the intent of the law was to prevent discrimination and reduce harassment in public spaces. He reported that there have been significant concerns over the broader implications for cities like Anaheim, where prostitution and human trafficking have had a measurable impact on residents' quality of life, public health, and local businesses.

Assistant City Manager Garcia reported that since SB 357 took effect, there has been an increase in visible prostitution in the area, especially in West Anaheim, and the law has hampered law enforcement’s ability to prevent prostitution activity occurring on the streets and to initiate human trafficking investigations. He added that while SB 357 addresses critical issues related to the criminalization of vulnerable populations, the State should take additional steps to mitigate the potential impacts of this law on local jurisdictions like Anaheim. He explained that if approved, the City would transmit the proposed resolution to the State’s delegation in Sacramento.

DISCUSSION: Council Member Diaz explained that SB 357 legalized the solicitation of prostitution.

He shared that SB 357 directly impacts the City’s efforts to clean up Beach Boulevard and restricts the Police Department’s ability to address human trafficking. He added that the law contradicts itself by legalizing the solicitation of prostitution while maintaining that prostitution is illegal. He explained that the community would like to remain safe. He urged his Council colleagues to support the resolution. He explained that criminals need to be responsible for their actions and there need to be consequences for breaking the law.

MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2024-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting the State of California take action to mitigate the impacts of Senate Bill 357 [SB 357 – “Safer Streets For All Act”], seconded by Council Member Rubalcava.

City Council Minutes of November 13, 2024

DISCUSSION: Council Member Meeks thanked Council Member Diaz for bringing the item forward.

She explained that the intent is for public safety and to protect the women being trafficked. She added that SB 357 was intended to protect vulnerable populations, however, it does not allow law enforcement to help victims of human trafficking. She expressed her support for the item.

Mayor Aitken echoed her Council colleagues’ comments.

Council Member Faessel concurred.

Council Member Leon thanked Council Member Diaz for his work and advocacy, especially regarding Beach Boulevard and West Anaheim. He expressed his support for the item.

Mayor Pro Tem Kurtz thanked Council Member Diaz for bringing the item forward.

MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2024-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting the State of California take action to mitigate the impacts of Senate Bill 357 [SB 357 – “Safer Streets For All Act”], 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.

18. RESOLUTION NO. 2024-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, authorizing the execution and delivery of a schedule to the Master Equipment Lease/Purchase Agreement for the acquisition, financing and leasing of certain equipment for the public benefit within the terms provided herein; authorizing the execution and delivery of other documents required in connection therewith; and authorizing all other actions necessary to the consummation of the transactions contemplated by this Resolution [for three emergency transport ambulances and various equipment for a total principal amount not to exceed $1,500,000].

Approve Contract Number MA#106-498218 with Republic EVS LLC., in an amount not to exceed $688,088.59, for the purchase of three (3) Emergency Transport Ambulances.

Director of Finance Debbie Moreno reported that the item before Council is to seek approval for the purchase of three ambulances through the City’s Master Lease with Banc of America. She explained that in July 2020, the City Council approved the transition to an Anaheim Emergency Transportation Model. She noted that under the model, ambulance services previously provided by CARE Ambulance were replaced with in-house ambulance services. She reported that over time and with the added demands placed on safety personnel to help address the complexities around homelessness, the need for additional ambulances has become necessary to maintain transportation coverage and response time standards. She explained that there is an immediate need for three (3) ambulances at a cost of $700,000. She explained that Fire Operations would be poised to take advantage of the remaining funds of approximately $800,000. She added that should the need arise for additional equipment throughout the year, the City Council would have to approve. She reported that the approximate annual payments for the three ambulances are approximately $150,000 over the next five years at an interest rate of 4% per year.

Council Member Faessel and Mayor Aitken confirmed they did not have comments on the item.

City Council Minutes of November 13, 2024

MOTION: Council Member Rubalcava moved to approve RESOLUTION NO. 2024-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, authorizing the execution and delivery of a schedule to the Master Equipment Lease/Purchase Agreement for the acquisition, financing and leasing of certain equipment for the public benefit within the terms provided herein; authorizing the execution and delivery of other documents required in connection therewith; and authorizing all other actions necessary to the consummation of the transactions contemplated by this Resolution [for three emergency transport ambulances and various equipment for a total principal amount not to exceed $1,500,000] and approve Contract Number MA#106-498218 with Republic EVS LLC., in an amount not to exceed $688,088.59, for the purchase of three (3) Emergency Transport Ambulances, seconded by Council Member Diaz. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel, and Meeks); NOES – 0. Motion carried.

PUBLIC HEARINGS:

19. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) AND MITIGATION MONITORING AND REPORTING PLAN NO. 391
DEVELOPMENT APPLICATION NO. 2023-00042 (DEV2023-00042)

GENERAL PLAN AMENDMENT
TENTATIVE TRACT MAP NO. 19290
OWNER: Lumberyard Was Here, LLC, 709 Randolph Avenue, Costa Mesa, CA 92626 APPLICANT: MLC HOLDINGS, LLC (Meritage Homes), 5 Peters Canyon Road Suite 310, Irvine, CA 92606
PROJECT LOCATION: The approximately 2.05-acre site consists of two properties located at 275 and 301 East Santa Ana Street at the northwest and northeast corners of Philadelphia Street and Santa Ana Street.

REQUEST: The applicant requests to construct a new residential development consisting of 56 for-sale 3-story condominium townhomes. Ten percent of the units would be for moderate- income buyers. The project requires the following entitlements: (i) a General Plan Amendment to change the land use designation of the project site from Low Medium Density Residential to Medium Density Residential and (ii) a Tentative Tract Map to create a one-lot condominium map to construct 56 townhomes.

ENVIRONMENTAL DETERMINATION: The City Council will determine whether to approve and adopt the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan No. 391 as the appropriate environmental documentation for the project.

ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval of the project and approved Resolution Nos. PC2024-025 (Recommended City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 391 for the project), PC2024-026 (Recommended City Council approve and adopt proposed General Plan Land Use Element Amendment), and PC2024-027 (Approved Tentative Tract Map No. 19290, as amended with a new Condition No. 3, subsequent renumbering thereafter, and revisions to Condition No. 44 renumbered as No. 45). VOTE: 7-0 (Chairperson Walker and Commissioners Castro, Kelly, Lieberman, Perez, Tran-Martin, and Kring voted yes). (Planning Commission meeting of September 23, 2024).

RESOLUTION NO. 2024-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 391 for Development Application No. 2023-00042 (275 and 301 East Santa Ana Street).

City Council Minutes of November 13, 2024

RESOLUTION NO. 2024-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (DEV2023-00042) (275 and 301 East Santa Ana Street).

RESOLUTION NO. 2024-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 19290 and making certain findings in connection therewith (DEV2023-00042) (275 and 301 East Santa Ana Street).

Acting Director of Planning and Building Heather Allen reported that the item for consideration is approval of a development application for The Mill, a request to construct a new residential townhome development and associated improvements. She explained that the property is approximately 2 acres in size and is located at the northeast and northwest corners of Santa Ana Street and Philadelphia Street. She added that Philadelphia Street divides the middle of the project area, creating two separate blocks. She shared that the project site is in the Industrial Zone, the Residential Opportunity (RO) Overlay Zone, and the South Anaheim Boulevard Corridor Overlay Zone. She reported that the site is designated for Low Medium Density Residential land uses in the General Plan. She explained that the proposed project, the RO Overlay Zone, is the applicable zoning classification on the property.

Acting Director Allen reported that the request includes a General Plan Amendment to change the land use designation of the project site from Low Medium Density Residential to Medium Density Residential, a Tentative Tract Map to create a one-lot condominium map, and an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program to serve as the environmental documents for the request. She shared that the project site was formerly used as a lumber yard and mill and is entirely paved or covered by structures that are remnants of the previous lumber yard use. She reported that the surrounding land uses include single-family and multi-family residential uses to the north, Industrial uses across Santa Ana Street to the south, Single-family and multi-family residential uses across Olive Street to the east, and Commercial and retail uses, including the Packing House, across Claudina Street to the west.

Acting Director Allen reported that the applicant proposes a complete redevelopment of the site, demolishing existing buildings to construct 56 new, for-sale, three-story townhomes ranging in size from about 1,200 to 1,800 square feet, with 24 two-bedroom and 32 three-bedroom units. She noted that the proposed density is 27.3 dwelling units per acre, well within the 36-unit per acre limit set by the Medium Density Residential land use designation. She added that six units, or 10% of the total, are designated as affordable, priced for moderate-income households. She reported that vehicular access is provided by four driveways along the alley to the north, while internal private motor courts with decorative pavers allow two-way access to residences and garages. She noted that pedestrian movement is facilitated by internal walkways and sidewalks along the street frontages.

Acting Director Allen reported that recreational-leisure amenities include private patios, common amenity areas, and various landscaping elements. She noted that two central open space courtyard areas that open to East Santa Ana Street would include passive recreational amenities such as seating areas, barbecues, open lawns for lawn games, and fireplaces for residents to gather and socialize. She shared that the existing parkway landscaping and mature trees along East Santa Ana Street would remain and the front setback area along East Santa Ana Street would include various landscape elements as well as decorative walls and public art. She explained that new sidewalks and parkways with new street trees would be installed along the other three public streets to provide shade and promote a comfortable, attractive walking environment.

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Acting Director Allen reported that the architectural styles blend both modern and traditional design features and materials. She added that the project complies with the Multiple Family Residential Zone (RM-4) development standards. She noted that to physically accommodate the number of units proposed by the project, waivers are requested to reduce the minimum street setback from 15 feet to 7 feet for Santa Ana Street, 11 feet for Claudina Street, Philadelphia Street, and Olive Street, and 5 feet for the alley.

Acting Director Allen reported that the provision of the 10% moderate-income units also qualifies the project for reduced parking ratios of 1.5 parking spaces per unit requirement. She added that the proposed project would require a total of 84 parking spaces, however, the proposed project provides two-car garages for each residential unit, resulting in 112 parking spaces. She added that 20 guest surface parking spaces would be provided for a total of 132 on-site parking spaces, 48 more parking spaces than required by the reduced parking code requirement. She reported that conditions of approval require that residents shall use designated parking areas, including garages, only for the parking of vehicles. She noted that the 20 guest parking spaces shall be maintained on-site at all times and residents shall not be permitted to park in the designated guest spaces.

Acting Director Allen reported that an Initial Study in support of a Mitigated Negative Declaration (IS/MND) has been prepared to evaluate the environmental impacts of the proposed project and to identify necessary mitigation pursuant to the requirements of the California Environmental Quality Act.

She shared that the environmental analysis was circulated to public agencies and interested parties.

She noted that the City received two (2) comment letters, and a response to the comments was included as attachments to the material provided to the City Council. She shared that mitigation measures have been identified in the IS/MND to mitigate project impacts to cultural resources, geology and soils, and tribal cultural resources. She explained that with the implementation of these measures, the IS/MND concluded that project impacts will be reduced to levels considered less than significant, and there would be no remaining potentially significant adverse impacts related to the project.

Acting Director Allen reported that staff and the Planning Commission considered the project and found that it is consistent with the goals and policies of the General Plan and that the necessary findings exist to approve the General Plan Amendment and Tentative Tract Map. She added that the proposed project is compatible with surrounding land uses and is designed in a manner to provide a quality living environment for its future residents. She shared that the proposed project meets the goals of the General Plan to continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs, would provide affordable housing in furtherance of the City’s Housing Element through the implementation of the Residential Opportunity Overlay Zone, and is consistent with the City Council’s policy identifying affordable housing as a priority.

DISCUSSION: Council Member Rubalcava shared that the project is located in District 3. She thanked the developer, Meritage Homes, for meeting with her and hosting events in the community.

She acknowledged that the project includes more parking than required, given that the project is located in a parking-impacted area. She expressed concern about the setback, particularly the 7-foot setback on Santa Ana Street. She inquired if staff anticipates safety concerns by accommodating the setback from 15 feet to 7 feet.

Acting Director Allen noted that Public Works reviewed the project and did not express concerns with the setback.

Council Member Rubalcava requested that staff conduct a traffic study on Santa Ana Street. She explained that she has received several complaints from residents at Colony Park. She shared that Colony Park residents are also required to park in their garages, however, the residents may not be City Council Minutes of November 13, 2024

utilizing the space that is accounted for parking. She requested that staff maintain enforcement in the area. She reported that residents residing across from the Packing House have complained about the unhoused population congregating in their green spaces. She requested that staff consider minimizing the green space due to District 3’s park-rich nature, the lack of security for the property, to reduce added calls to the Anaheim Police Department, and include additional parking. She expressed her appreciation for the Planning Commission’s support and that the properties are for-sale units. She reiterated her request for a traffic study.

Council Member Meeks expressed appreciation for the project, including more parking spaces than required. She inquired how the guest parking spaces would be monitored to prevent Packing House customers from parking in those spaces.

Acting Director Allen reported that the Planning Commission requested that a condition of approval was included to require that guest spaces be reserved for the project and for guests.

Council Member Rubalcava requested that the developer consider an in-lieu fee for the project. She noted that the City Council recently adopted the inclusionary housing policy requiring 15% of projects to be affordable or an in-lieu fee to be provided. She explained that although the policy does not apply to for-sale, it would still be a good faith effort by the developer, considering the proposed development is moderate housing.

Council Member Faessel stated that he did not have any comments or questions.

Mayor Aitken mentioned that she met with the developer and several residents on the project. She highlighted two commitments, including the heightened level of onsite parking and the affordable units. She thanked the developer for their goodwill gesture to include affordable units, although they were not required to follow the City’s inclusionary housing policy. She noted that the developer had mentioned that they were going to be assisting financially to obtain parking permits for residents on Olive Street if they obtained the required signatures for permit parking.

Mayor Pro Tem Kurtz requested that the City Council disclose any ex parte communications.

Council Member Diaz reported that he met with the developer.

Council Member Leon disclosed that he met with the developer.

Council Member Rubalcava reported that she met with the developer.

Mayor Pro Tem Kurtz disclosed that she met with the developer.

Council Member Faessel reported that he did not meet with the developer.

At 7:08 p.m., Mayor Pro Tem Kurtz opened the public hearing.

Johanna Crooker thanked the City Council for consideration of the project and staff for their work during the process. She shared that Meritage Homes is the fifth largest home builder in the Country by number of closings. She reported that the company has been in business for over 38 years and during that time has built over 190,000 homes. She added that they are active in 21 markets across the United States and are actively selling in 16 communities in Southern California. She noted that Meritage is a recipient of the Avid Award for homebuilders, which measures customer satisfaction.

She added that they have won the Energy Star Partner of the Year award over the past 13 years for their participation in providing high-energy homes. She highlighted the developer’s humanitarian and City Council Minutes of November 13, 2024

philanthropic efforts, including winning the Hearthstone BUILDER Humanitarian Award and their operation of Homefront, which provides homes to veterans in need.

Ms. Crooker reported that Meritage focuses on market-rate homes specifically designed for first-time home buyers and first move-up buyers. She shared that Meritage focuses on efficient design and construction that allows them to keep price points at a low level, infill housing, low maintenance amenities to keep homeowner association (HOA) costs low, and financial attainability by design. She added that the proposed project is designated for 56 units and would help to fulfill the City’s Regional Housing Needs Allocation (RHNA) numbers. She highlighted the developer’s energy initiatives, noting that all of the homes include solar and Energy Star appliances. She shared that all of the garages are Electric Vehicle (EV) ready and the attics are spray foamed for thermal regulation. She reported that Meritage is efficient with water through irrigation and plumbing fixtures, which contributes to energy efficiency. She highlighted the upgraded filters and low-volatile organic compounds (VOCs) materials to focus on indoor air quality.

Ms. Crooker reported that the proposed project includes feedback from staff and community stakeholders. She highlighted the public outreach that Meritage conducted, including flyers distributed to the public with facts about the project. She shared that the developer met with the Historic Committee to ensure the proposed site includes a blend of the historic features and maintains the industrial legacy of the site. She added that the air conditioning units were moved off of Santa Ana Street to ensure that the streetscapes remain walkable. She noted that the alleys were screened and that the existing trees remained planted.

Ms. Crooker reported that the developer focused on improving the alley to make it more front-door friendly. She shared that the area is intended to become a shared pedestrian space and would encourage traffic to slow down. She added that the front doors will have cameras installed to ensure accountability. She noted that patio space was added along the side streets to engage Philadelphia Street and Claudina. She highlighted the use of salvaged materials from the site; however, due to the condition, they were not functional. She shared that the developer incorporated industrial features in open space areas to include the wood and lumber elements of the site. She added that design elements from the Packing House were incorporated into the design of the project.

Ms. Crooker highlighted the various community meetings held for the project. She shared that the radius was 500 feet, with 10 attendees, with a favorable response for the project. She shared that the primary concerns were crime, parking, and traffic. She reported that the project includes more parking than required. She explained that the parking at the Packing House is not part of the proposed project. She shared that four-bedroom units were not included based on parking issues in the area.

She added that although the City may not be able to enforce the Covenants, Conditions, & Restrictions (CC&Rs), the City can enforce Zoning Code requirements for parking. She confirmed the request from neighbors to assist with adding a parking district and paying the fees necessary. She explained that there will be changes to the traffic signal to address traffic concerns. She noted that the project will clean up the area significantly to help reduce crime and discourage criminal activity.

She shared that the developer is committed to installing doorbell cameras for each unit and installing surveillance monitoring in common open space areas.

City Clerk Theresa Bass reported a total of two (2) public comments were received electronically related to Public Hearing Item No. 19. [A final total of two (2) public comments were received electronically, distributed to the City Council, and made part of the official record]. – See Appendix.

Marc Herbert noted issues with public engagement for the project. He shared that the project did not list any affordable units in the Housing Element. He explained that the Housing Element Update Committee has not met in over three years. He referenced the Hills Preserve project and the City Council Minutes of November 13, 2024

community’s ability to gather legal resources to challenge the project. He explained that inaccurate information is being presented in the Housing Element, and he will be providing the information to the State.

Mayor Aitken confirmed there were no public comments from the teleconference location.

Ms. Crooker concluded that the developer has no control over the Housing Element. She shared that the developer is willing to offer an in-lieu fee on top of the affordable units included in the project.

At 7:42 p.m., Mayor Pro Tem Kurtz closed the public hearing.

Council Member Diaz highlighted the project, the project location, the design features, and the project’s ability to improve the area. He shared that the project would help residents purchase homes with additional parking than required, and affordable housing opportunities.

Council Member Meeks expressed her support for the project. She shared that the project will improve the neighborhood and provide a quality experience for residents. She highlighted the opportunities the project will provide for new homeowners. She expressed concern over access to guest parking if other residents or Packing House customers use the spaces.

Ms. Crooker explained that the HOA will be enforcing the guest parking requirements, and there will be signage. She shared that parking passes can be issued to residents for guests. She added that the developer can work with staff to find solutions.

Council Member Meeks encouraged the developer to work with staff on finding best practices and incorporating the solutions into the CC&Rs.

Ms. Crooker confirmed the developer will work with staff to find solutions.

Council Member Rubalcava thanked the developers for being good partners to the community and staff. She echoed Council Member Diaz’s comments about the project enhancing the area. She expressed appreciation that the developer is willing to work with residents on the parking permit process.

In response to Council Member Rubalcava, Chris Bennett with LAB, shared that the empty site has been used through entitlement to find a plan for overflow valet parking. He shared that LAB has agreements for off-site parking if the project is approved for development.

Council Member Rubalcava expressed concern about the partnership with the community to address parking and trash concerns.

In response to Council Member Rubalcava, Mr. Bennett mentioned that although valet parking is not a requirement, it was added to alleviate the overflow parking. He shared that there are other parking sites available that may not be the most convenient for customers. He explained that the valet service, although expensive, was implemented to address parking and traffic concerns. He added that LAB takes pride in its properties and strives to be a good neighbor in the community.

Council Member Rubalcava reported that she received feedback from residents who were offered to park in public parking on Anaheim Boulevard and are now being towed. She requested that the operators find solutions for the parking issues. She requested that the operator work with the community to be a better partner.

City Council Minutes of November 13, 2024

In response to Council Member Rubalcava, Director of Public Works Rudy Emami shared that Public Works has been working to reduce speeds on Santa Ana Street. He added that there are bulb-outs, lane markings, and crosswalk markings on the street. He noted that every time a new development or business comes in, Public Works will continue to conduct additional monitoring as part of the environmental study, to implement any mitigation measures, as part of the approval of the project.

Council Member Rubalcava expressed concern over the driveway and safety issues for pedestrians and individuals using the sidewalks. Director of Public Works Emami explained that a line of sight analysis is conducted anytime a new driveway or development is being presented to ensure safety for pedestrians, vehicles, and bicyclists. He clarified that the ordinance considered for E-Bikes was to address speed concerns.

Council Member Rubalcava mentioned that she will follow up regarding the speed of vehicles on Santa Ana and an in-lieu fee contribution.

Council Member Faessel expressed his appreciation for the additional 36% of parking. He noted that the project will improve the neighborhood and that the units will be sold at lower rates than the typical market rates.

Mayor Aitken confirmed that she did not have any comments or questions.

Mayor Pro Tem Kurtz highlighted the project. She thanked Public Works for monitoring speeding on Santa Ana Street.

MOTION: Council Member Rubalcava moved to approve RESOLUTION NO. 2024-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 391 for Development Application No. 2023-00042 (275 and 301 East Santa Ana Street); RESOLUTION NO. 2024-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim (DEV2023-00042) (275 and 301 East Santa Ana Street); and RESOLUTION NO. 2024-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 19290 and making certain findings in connection therewith (DEV2023-00042) (275 and 301 East Santa Ana Street), 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.

20. This is a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act and the Internal Revenue Code of 1986, as amended, to consider a resolution approving the issuance of the California Enterprise Development Authority Revenue Bonds, in an aggregate principal amount not to exceed $37,000,000, for the purpose of financing and refinancing the cost of the acquisition, construction, renovation, equipping and furnishing of healthcare facilities and other related and appurtenant facilities for the benefit of Benevolence Industries Incorporated, dba Benevolence Health Centers, a California nonprofit public benefit corporation, located at: 1010 Crenshaw Boulevard, Suite 100, Torrance, California 90501; 303 North East Street, Anaheim, California 92805 (Anaheim Facility); 1126 East South Street, Long Beach, California 90805; 505-515 North Arrowhead Avenue, San Bernardino, California 92401; 3631 Crenshaw Boulevard, Suite 109, Los Angeles, California 90016; and 12610 Glenoaks Boulevard (also known as 14040 Hubbard Street), Sylmar, California 91342, and providing the terms and conditions for such Bonds and other matters relating thereto.

City Council Minutes of November 13, 2024

RESOLUTION NO. 2024-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the issuance of revenue bonds pursuant to a plan of finance by the California Enterprise Development Authority in an aggregate principal amount not to exceed $37,000,000 for the purpose of financing and refinancing the cost of the acquisition, construction, renovation, equipping and furnishing of certain healthcare facilities for the benefit of Benevolence Industries Incorporated and/or a related or successor entity, providing the terms and conditions for such bonds, and other matters relating thereto.

Director Moreno reported that the California Enterprise Development Authority (Authority) requested that the City hold a Tax Equity and Fiscal Responsibility Act (TEFRA) hearing on behalf of Benevolence Industries Incorporated, as required by the Internal Revenue Code. She explained that in order to issue revenue bonds in the aggregate principal amount not to exceed $37 million for the purpose of financing and refinancing health care facilities, including improvement at the Benevolent Health Centers, Anaheim Facility. She shared that the revenue bonds are issued by the Authority and not by the City and will be payable solely by the borrower. She explained that the City’s role is to satisfy the requirements of the Internal Revenue Code by holding the public hearing within the jurisdiction of the project.

Council Member Faessel and Mayor Aitken confirmed they did not have any questions related to the public hearing.

At 7:59 p.m., Mayor Pro Tem Kurtz opened the public hearing.

City Clerk Bass reported that no electronic public comments were received related to Public Hearing Item No. 20.

Marc Herbert requested clarification on the City’s responsibility through the bond process. He suggested including additional information for the public on the bonds. He shared that upon review, the bonds were not included in the upcoming budget. He highlighted financial issues around deficits, including the $42 million deficit that will be covered by bonds issued during the pandemic. He shared that the forecasted deficits may not be covered by those bonds. He referenced the Tampico Housing Development and the proposed budget for the Housing and Community Development Department.

He added that the proposed budget did not account for recent labor contracts. He requested that the City Council consider the bond obligations.

Mayor Aitken confirmed that there were no in-person speakers from the teleconference location.

At 8:05 p.m., Mayor Pro Tem Kurtz closed the public hearing.

In response to Council Member Diaz, Director Moreno confirmed that the legislative body in the jurisdiction is required to hold a public hearing for tax-exempt bonds. She noted that the City is merely facilitating the process and is not obligated to pay the bonds.

MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2024-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the issuance of revenue bonds pursuant to a plan of finance by the California Enterprise Development Authority in an aggregate principal amount not to exceed $37,000,000 for the purpose of financing and refinancing the cost of the acquisition, construction, renovation, equipping and furnishing of certain healthcare facilities for the benefit of Benevolence Industries Incorporated and/or a related or successor entity, providing the terms and conditions for such bonds, and other matters relating thereto, seconded by Council Member Faessel. 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 November 13, 2024

REPORT ON CLOSED SESSION ACTIONS: City Attorney Robert Fabela reported that for Closed Session Item No. 2, the City Council, by a vote of 4 to 3 (AYES: Mayor Aitken and Council Members Diaz, Kurtz, and Faessel; NOES: Council Members Leon, Rubalcava, and Meeks), directed the City Attorney to dismiss the pending appeal.

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

Council Member Rubalcava asked when the new Mayor Pro Tem appointment will be on the agenda.

City Clerk Theresa Bass responded on December 17, 2024.

ADJOURNMENT: At 8:08 p.m., Mayor Pro Tem Kurtz adjourned the City Council in memory of Jacob Anthony Maldonado.

Respectfully submitted,
Theresa Bass, CMC
City Clerk