ANAHEIM CITY COUNCIL
REGULAR MEETING OF OCTOBER 25, 2022
The regular meeting of October 25, 2022 was called to order at 3:05 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 October 20, 2022.
MEMBERS PRESENT: Mayor Pro Tem Trevor O’Neil and Council Members Jose Diaz, Gloria Sahagún Ma’ae, Jose F. Moreno, and Stephen Faessel. Council Member Avelino Valencia joined the meeting during Closed Session. [Mayoral vacancy]
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 3:05 P.M., Mayor Pro Tem O’Neil recessed to closed session for consideration of the following:
1. CONFERENCE WITH LEGAL COUNSEL–EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Nguyen v. City of Anaheim, OCSC Case No. 2021-01200457
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 –ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9 and/or initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case
4. CONFERENCE WITH LEGAL COUNSEL –ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: Two potential cases
5. CONFERENCE WITH LEGAL COUNSEL –ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: Two potential cases
6. CONFERENCEWITH LABOR NEGOTIATORS(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organization: Anaheim Municipal Employees Association (General, Clerical, Part-Time Units
ITEM # 23
City Council Minutes of October 25, 2022
At 5:46 P.M., Mayor Pro Tem O’Neil reconvened the Anaheim City Council.
MEMBERS PRESENT: Mayor Pro Tem Trevor O’Neil and Council Members Jose Diaz, Gloria Sahagún Ma’ae, Jose F. Moreno, Avelino Valencia, and Stephen Faessel. [Mayoral vacancy]
INVOCATION: Pastor Corey Theetge, The Rock Church in Anaheim FLAG SALUTE: Council Member Stephen Faessel
PRESENTATION: Recognizing Hilgenfeld Mortuary’s 95th Anniversary Becky Areias, Hilgenfeld Mortuary President, accepted the proclamation and thanked the Council for the recognition.
ACCEPTANCE OF OTHER RECOGNITIONS (Top be presented at a later date):
Recognizing October 23 –29, 2022, as County of Orange Childhood Lead Poisoning Prevention Week
Jenafer Forester, Supervising Environmental Health Specialist, Orange County Health Care Agency, accepted the proclamation and thanked City Council for their support.
Recognizing November 1, 2022, as Extra Mile Day
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items):
City Clerk Theresa Bass reported that a total of 10 public comments were received electronically prior to 5:00 P.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of 12 public comments were received electronically, distributed to the City Council, and made part of the official record]. - See Appendix.
Jorge Gavino noted there was incompetency and malice in the City Council and invited others to investigate. He advised that he notified the City Attorney that the City Manager was posting materials in favor of former Mayor Sidhu and Mayor Pro Tem O’Neil during an election year, which were soon after taken down. He advised Mayor Pro Tem O’Neil also held a closed-door community meeting. He reported Council Member Ma’ae’s campaign materials used her official City portrait. He alleged that Council Members are using City resources for their election materials and believed it had been an ongoing issue for over a year.
Mark Richard Daniels advised the investigation into former Mayor Harry Sidhu is one of the darkest points in Anaheim’s history and noted the FBI is also investigating his accomplices on the City Council. He noted that Council Member Ma’ae’s election materials state “re-elect,” but he pointed out that she is an appointed incumbent. He believed that Lorri Galloway is running for Mayor with help of the Lincoln Club.
City Council Minutes of October 25, 2022
Vern Nelson announced that he saw Mr. Sidhu in the news today refusing to turn over emails to the FBI and pleading the Fifth. He encouraged City Council to have hybrid meetings with Zoom or Webex so those who cannot attend in person could participate, eliminate the high police presence, and return the City’s logo of the City of Kindness.
Paul Hyek reported there was a school group that needed support to get into Disneyland. He advised he is interested in the closed-session items and is interested in working for the new Mayor when elected. He noted he is working to turn Orange County’s homeless shelters into walk-in shelters like Imperial County.
Cecil Jordan Corkern advised he is working on identifying the crime happening at Disneyland. He noted Donald Trump has been accused of being a spy for Russia.
John W. Spring reported the 60th anniversary of the 1962 Cuban Missile Crisis is on October 27, 2022. He advised that he was solely responsible for getting the information to President John F.
Kennedy one year and one month in advance of the event. He reported the latest Russian mind control developed by the East Germans in the Cold War also caused permanent brain damage. He advised that he witnessed a person being administered Russian mind control in January and encouraged City Council to take the matter seriously.
Scarlette Almero thanked all those who attend the City Council meeting each week for their efforts.
She thanked City Council for recognizing Indigenous Peoples’ Day. She encouraged City Council to review the 13-page list of resources that could help many in the City and help residents find assistance. She advised she has provided the list to many local agencies. She expressed concern for those residents that go to bed hungry, cannot afford medicine, or pay their bills.
Bryan Kaye accused Council Member Moreno’s family of dehumanizing him and Mayor Pro Tem O’Neil of killing 19 people while under his business's care. He inquired how many City Council Members filed reports with the FBI. He asked City Council to stop taking credit for the FBI’s work of investigating Mr. Sidhu. He reported that he filed over 40 FBI reports regarding Anaheim’s police officers, the City Attorney, and the City Council.
Council Member Moreno responded that his mother does not know Mr. Kaye’s mother and stated that his mother does not use hateful terms as alleged by Mr. Kaye.
Linda Martinez thanked City Council for their service. She reported Sycamore Junior High’s band is entering Disneyland for a band performance. She noted she emailed Council Member Moreno three days ago and only heard back from him today. She advised that she ran campaigns against Council Member Moreno in the past but asked that they put their differences aside for the kids. She noted Sycamore Junior High’s band needs $12,000 to participate in the event at Disneyland and asked for City Council’s assistance. She encouraged City Council and all those running for office to keep it respectful and clean.
Kayla Martinez, Sycamore Junior High student, asked City Council for financial assistance to help the school's band perform at Disneyland. She explained that each student would need to pay an entrance fee that many cannot afford. She encouraged City Council to speak to Disney officials regarding this matter.
Mayor Pro Tem O’Neil noted that many on the City Council would do what they could to help.
City Council Minutes of October 25, 2022
Council Member Moreno requested the City Manager reach out to Disneyland’s Community Relations Office to see if they could assist. He encouraged the school to also reach out to the Anaheim Union School District to see if they could connect with officials at Disneyland.
Kenneth Batiste reported Anaheim is the only City in Orange County that is in debt and noted it was due to the City’s politics. He encouraged voters to vote for officials who would be working for the residents of Anaheim, such as Council Member Moreno, and he expressed his support for Ashleigh Aitken for Mayor. He noted that Mayor Pro Tem O’Neil stated in his campaign materials that he raised $30,000,000 for residents during the pandemic but noted he voted in favor of giving $6,500,000 to Visit Anaheim and provided examples of how he voted against improvements for Anaheim’s residents. He expressed his support for Ms. Aitken for Mayor.
COUNCIL COMMUNICATIONS:
Council Member Moreno encouraged residents to continue precautions to protect themselves and their families as well as to get their flu shots and COVID boosters. He thanked the Community Services Department for holding their quarterly Neighborhood Services meetings as well as the various departments that participated to share information and services with the community. He reported that he was invited to a red-carpet movie screening of a documentary by Fork Films and showed the film trailer for “The American Dream and Other Fairy Tales” by Abigail Disney. He noted the importance of having conversations about corporate partners, their influence on politics, and the needs of residents. He encouraged all to watch the film, available on Apple TV, Amazon, and other streaming providers.
Council Member Diaz highlighted Taka’s Bait and Tackle, an immigrant-run business for 25 years, located at 2707 West Lincoln Avenue. He thanked the West Anaheim Community Policing Team for hosting a pumpkin painting event at the West Anaheim Youth Center, specifically recognizing Crime Prevention Specialist Carmela Mendoza. He announced the Dia de Los Muertos event on Friday, October 28 at Center Greens and the Fall Festival on Saturday, October 29, 11:00 A.M. –6:00 P.M., on Center Street Promenade.
Council Member Ma’ae announced the Dia de Los Muertos event, the Fall Festival, and the Halloween Parade on Saturday, October 29 at 7:00 P.M. and noted that the festival and parade still needed more volunteers. If interested in helping, people can email her, and she will make the connections.
Council Member Faessel thanked City Clerk Theresa Bass, Fire Chief Pat Russell, Economic Development Director Sergio Ramirez, Fire Community Affairs Manager Natali Rudometkin, and his Senior Policy Aide for meeting with and welcoming officials for Mexico last Friday, including the Honorable Carlos Garcia Villaseñor, Mayor of Silao, and Juan Hernandez, the Secretary of the State of Guanajuato and international liaison, facilitated by Yesenia Rojas, after which they went to Tacos Los Cholos with Dr. Audrey Rivera Gomez, the head of the consulate in Mexico, and discussed possible future partnerships and issues of common concern.
Council Member Valencia thanked St. Jude Neighborhood Clinic for hosting a Health Fair for residents. He reported his attendance at the Miss Anaheim Beautiful scholarship pageant which he was happy to support with a $2,500 grant. He thanked Cops4Kids for hosting Anaheim Confidential, Council Members Diaz and Ma’ae for joining him with a grant to support the Loara High School Band Review, and Community Services for hosting a Boysen Park planning meeting, and noted the next meeting would be held in November.
City Council Minutes of October 25, 2022
CITY MANAGER’S UPDATE:
City Manager Jim Vanderpool invited the public to attend the Fire & Rescue Department’s “Stop the Bleed” emergency essentials free workshop on Saturday, November 12 with three different times available starting at 9:00 A.M. He noted that registration is required by contacting [email protected] or 714-765-4048.Mr. Vanderpool reported that Exhibit Magazine has named the Anaheim Convention Center as a Top Center of Excellence for the fourth consecutive year and the Convention Center is also in the running for consideration as the Best Convention Center over 1,000,000 square feet being announced in November. He also noted that Meetings Today selected the Convention Center as one of 13 in the United States as a Best of Meetings Today Award Winner.
CONSENT CALENDAR: At 6:46 P.M., the Consent Calendar was considered with Council Member Moreno pulling Item Nos. 19 and 22 and Council Member Ma’ae pulling Item No. 21 for separate discussion and consideration.
MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and adopt the consent calendar in accordance with reports, certifications, and recommendations furnished each City Council Member and as listed on the consent calendar, seconded by Council Member Diaz. ROLL CALL VOTE: AYES – 6 (Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Moreno, Valencia, and Faessel); NOES – 0. Motion carried.
1. Receive and file the Library Board Report dated September 12, 2022 and the minutes of the Library Board meeting of September 12, 2022 and the Public Utilities Board meeting of August 24, 2022.
2. Approve recognitions recognizing November as Family Court Awareness Month and Miss Anaheim Beautiful’s incoming court.
3. Accept a second round of funding administered through the State of California, of approximately $1,700,000, related to the COVID-19 Pandemic Relief for Utility Customer Arrearages Payment Program (CAPP) 2.0 for eligible past due active residential electric accounts between March 4, 2020 through December 31, 2021, or as modified by the State; and authorize the Public Utilities General Manager, or designee, to make necessary adjustments to recover all applicable funds that comply with program guidelines, to apply bill credits to qualifying customer accounts, and to execute all related documents, and take the necessary, required, or advisable actions to implement and administer the funds.
4. Ratify an increase to the current master agreement with Allstar Fire Equipment, Inc., in the amount of $15,000 from a not to exceed amount of $135,000 plus applicable tax to $150,000 plus applicable tax, to cover the increased need for firefighting protective garments for the agreement ending February 28, 2023; and authorize a value of $160,000 plus applicable tax for future annual master agreements. [The agreements are in accordance with a cooperative purchase agreement issued by Sourcewell, a Minnesota local government agency, and awarded to LION First Responder PPE, Inc. Under the terms of agreement No. 032620-LIO, the City makes purchases through the authorized local distributor.]
5. Accept the bid from R.S. Hughes Company, Inc., in the amount of $67,319 plus applicable tax, for the purchase of nitrile gloves for use by Anaheim Fire & Rescue 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 #9619.
City Council Minutes of October 25, 2022
6. Ratify an increase to the current master agreement with Western Brake and Tire Auto Service Center, in the amount of $40,000 from a not to exceed amount of $100,000 to $140,000, to cover the increased need for replacement tires for the agreement ending November 26, 2022; and authorize a value of $300,000 for future annual master agreements with purchases made only on an as-needed basis.[The agreements are in accordance with the terms of NASPO ValuePoint Goodyear Tires, Tubes and Services Cooperative Contract 19101.]
7. Accept the bid from Genuine Parts Company dba Napa Auto Parts, in the amount of $48,706.65 plus applicable tax, to provide automotive filters on an as-needed basis 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 #9611.
8. Accept the bid from Parkwood Landscape Maintenance, Inc., in the amount of $462,108.12 plus a 20% contingency, to provide landscape maintenance services covering West-Center and West areas of the City, and the bid from Greentech Landscape, Inc., in the amount $406,200 plus a 20% contingency, to provide landscape maintenance services covering East-Center areas of the City, each 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 #9604.
9. Award the contract to the lowest responsible bidder, Vasilj, Inc., in the amount of $764,671, for the Del Monte Drive Sanitary Sewer Improvement Project from Bella Vista Street to Knott Avenue; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine that the project is categorically exempt from the California Environmental Quality Act pursuant to Class 3, Section 15303(d) (New Construction) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
10. Award the contract to the lowest responsible bidder, G2 Construction, Inc., in the amount of $473,438 for the Catch Basin Screen Installation Project; authorize the Director of Public Works to execute the contract and related documents and to take the necessary actions to implement and administer the contract; determine that the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301(b) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
11. Waive Council Policy 4.1 and approve the Master Service Agreement with Lexipol, LLC, in an amount not to exceed $80,741, for the maintenance and management of the Fire & Rescue Department’s Policy Manual for a one year term beginning January 1, 2023 and four one- year optional renewals; and authorize the Fire Chief to execute any amendments or optional renewals under the terms and conditions of the agreement.
12. Waive Council Policy 4.1 and approve an agreement with Forensic Nurse Specialists, Inc., in an amount not-to-exceed $275,000, for evidence collection services for sexual assault victims for a one year term with two one-year optional renewals; and authorize the Chief of Police, or designee, to administer the agreement and execute any amendments under the terms and conditions of the agreement.
City Council Minutes of October 25, 2022
13. Approve Professional Services Agreements for on-call wayfinding and banner signage design, fabrication, and installation consulting services to support current and future economic development activities, each in an amount not to exceed $200,000,with Outdoor Dimensions, LLC and Square Signs, LLC dba Front Signs, each for a two year term beginning July 1, 2022 with two additional one-year renewal terms, and with Sign Age Identity Systems, Inc., in an amount not to exceed $500,000, for a one year term beginning July 1, 2022, with two additional one-year renewal terms; and authorize the Director of Economic Development, or designee, to implement and administer the agreements.
14. Approve Professional Services Agreements for on-call environmental and environmental planning services related to land acquisition and disposition, residential and commercial development, and public improvement projects with Dudek, Leighton and Associates, Inc., and Ninyo & Moore Geotechnical &Environmental Sciences Consultants, each in an amount not to exceed $200,000, each for a two year term beginning October 1, 2022 with two additional two-year extensions; and with Pacific Edge Engineering, Inc., in an amount not to exceed $200,000, for a two year term beginning October 1, 2022 with two additional one- year extensions; and authorize the Director of Economic Development, or designee, to implement and administer the agreements.
15. Approve an agreement with Overland, Pacific & Cutler, LLC, in an amount not-to-exceed $69,316.79, to provide right-of-way acquisition services related to the Citywide Safe Routes to School Sidewalk Gap Closure Project, 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.
16. Approve a Cooperative Agreement with the City of Placentia, in an amount not to exceed $350,000, for the construction and administration of the Jefferson Street (Orangethorpe Avenue to Miraloma Avenue), Van Buren Street (Orangethorpe Avenue to s/o Miraloma Avenue), and Richfield Road (Orangethorpe Avenue to La Palma Avenue) rehabilitation project, 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.
17. RESOLUTION NO. 2022-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the City of Anaheim Title VI Plan and authorizing its submittal to the California Department of Transportation; and determining this action is exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined in Section 15378.
18. RESOLUTION NO. 2022-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of grant applications and the acceptance of grants on behalf of the City of Anaheim for the Selective Traffic Enforcement Program (STEP) Grant, Pedestrian and Bicycle Safety Program Grant, Child Passenger Safety Program Grant, and Motorcycle Safety Program Grant, and authorizing the Chief of Police to execute all required grant documents and amending the budget accordingly (grant funds in the amount of $425,000 for STEP, $52,500 for Pedestrian and Bicycle Safety Program, $91,875 for Child Passenger Safety Program, and $67,000 for Motorcycle Safety Program).
City Council Minutes of October 25, 2022
20. RESOLUTION NO. 2022-119 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 (for wildland fire protection, in an amount not to exceed $131,250.67, for the term July 1, 2022 to June 30, 2023).
23. Approve minutes of the City Council meeting of July 12, 2022.
END OF CONSENT CALENDAR:
19. RESOLUTION NO. 2022-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA2021-00412; street segment of Douglass Road lying east of Cerritos Avenue and north of Katella Avenue; public hearing scheduled for December 20, 2022).
Public Works Director Rudy Emami reported the item is to set a public hearing date of December 20, 2022, for the proposed vacation/abandonment of the street segment of Douglass Road lying east of Cerritos Avenue and north of Katella Avenue. He advised that Anaheim Real Estate Partners, LLC has requested this abandonment to assemble the proposed abandoned street right-of-way with adjacent properties for a mixed-use development project known as ocV!BE, detailed in the Development Agreement approved by City Council on October 4, 2022. He explained that the portion of Douglass Road will not be needed for public right-of-way upon the amendment to the Orange County Transportation Authority (OCTA) Master Plan of Arterial Highways and the dedication of public access easements and construction of a new street segment commonly known as River Road.
He noted that if approved for abandonment, property rights for existing public utilities within the abandoned right-of-way shall be preserved by easements.
DISCUSSION: Council Member Moreno inquired if the City was selling this public land to the ocV!BE project or if it was an exchange of land.
Mr. Emami explained that if the City were abandoning a street with nothing in exchange, it would normally sell it. He advised in this case it is being exchanged for another roadway that will be used to help the circulation. He noted the City is gaining more square footage than it is giving up.
MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2022-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA2021-00412; street segment of Douglass Road lying east of Cerritos Avenue and north of Katella Avenue; public hearing scheduled for December 20, 2022), seconded by Council Member Faessel. ROLL CALL VOTE:
AYES – 6 (Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Moreno, Valencia, and Faessel); NOES – 0. Motion carried.
21. RESOLUTION NO. 2022-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain city records of the City Attorney's Department in accordance with the City's record retention schedule.
DISCUSSION: Council Member Ma’ae inquired which documents would be destroyed in the process.
City Attorney Robert Fabela explained that the City Attorney's Office collects paper records that eventually need to be destroyed as a matter of routine business under the Records Retention City Council Minutes of October 25, 2022
Schedule approved by the City Council. He noted the items are accounts payable records from 2009 to 2011, accounts payable records from outside counsel from 1998 through 2009, public utility agendas from 2013 through 2019, claims from 2014 through 2016, City Attorney correspondence regarding closed code enforcement matters, criminal prosecutions from 2004 through 2006, general files from 2010 through 2012, and timesheets from 2008 through 2011.
Council Member Ma’ae inquired if any Angels Stadium records would be destroyed in the process.
Mr. Fabela noted he that anticipated the question so he checked with the staff who confirmed there are no Angel Stadium records that will be destroyed.
Mayor Pro Tem O’Neil inquired if these are physical or electronic records, to which Mr. Fabela advised that his office would retain all electronic copies and only paper copies would be destroyed.
MOTION: Council Member Ma’ae moved to approve RESOLUTION NO. 2022-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain city records of the City Attorney's Department in accordance with the City's record retention schedule, seconded by Council Member Diaz. ROLL CALL VOTE: AYES – 6 (Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Moreno, Valencia, and Faessel); NOES – 0. Motion carried.
22. RESOLUTION NO. 2022-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM providing for the removal of appointees to allow for district-based appointments and the reorganization of the Sister City Commission.
ORDINANCE NO. 6544 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 1.04.955 (Anaheim Sister City Commission) of the Anaheim Municipal Code to modify the method of appointment of Sister City Commission members and to make other related organizational changes.
Assistant City Manager Greg Garcia reported the item is a request to reorganize the Sister City Commission to better reflect Council districts and to implement other reorganization measures. He noted the item was originally discussed at the April 13, 2021 City Council meeting, at which time City Council requested the item be agendized for review. He noted in 2017 all City Commissions were reorganized to reflect the by-district election system with the Sister City Commission being one of the few exempted.
Mr. Garcia explained the resolution provides a method of appointment and removal of current Sister City Commission members after the November 2022 General Election after which time the Municipal Code would govern. He announced he presented the proposed changes to the Sister City Commission yesterday, which were well received. He presented a brief overview of the specific changes to the Sister City Commission structure.
Mr. Garcia advised that after approval the ordinance would take effect in 30 days with the current appointees being released from the Sister City Commission per the resolution. He noted in January 2023, the Mayor and City Council would nominate and appoint members by district at the first City Council meeting with the school district and at-large appointments taking place after January 2023.
DISCUSSION: Council Member Moreno thanked staff for the thoughtful and balanced approach towards the structure and noted it was discussed for the Police Review Board.
City Council Minutes of October 25, 2022
MOTION: Council Member Moreno moved to approve Item No. 22 as presented, seconded by Council Member Faessel.
DISCUSSION: Council Member Moreno inquired if Commission members who still have eligibility could be reappointed by City Council to retain institutional knowledge.
Mr. Garcia advised that staff did review that option but noted there is a City Charter or Municipal Code section that limited staff’s ability to move forward with that option.
Council Member Faessel commented that he has spoken to two current members and one past member who feel this is the right way to go. He noted it would be good for the students.
Council Member Diaz inquired if Anaheim Hills would be represented since they are part of the Orange Unified School District.
Mr. Garcia confirmed they would also be included in the Sister Cities Commission. He clarified it would be a minimum of two (2) school district representatives but there could be more.
Council Member Diaz inquired if students could participate. Mr. Garcia advised staff had not contemplated students but noted that past students who had participated in the student exchange had come back to be on the Sister Cities Commission.
Mayor Pro Tem O’Neil inquired if all the nominees would need to be approved by City Council, to which Mr. Garcia confirmed that was corrected.
Council Member Moreno inquired if the process for determining a new Sister City has changed with this process.
Mr. Garcia clarified that this structure does not impact how new Sister Cities are selected. He noted past Commissions have provided guidance. He advised the Commission would hear proposals and make recommendations, but it is the role of the City Council to approve Sister City relationships and to make recommendations to the Sister City Commission.
Council Member Moreno recommended that City Council should provide some guidance to the Sister City Commission to codify consistent Sister City requirements. He also recommended having a Sister City in Mexico.
MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2022-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM providing for the removal of appointees to allow for district-based appointments and the reorganization of the Sister City Commission and introduced ORDINANCE NO. 6544 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 1.04.955 (Anaheim Sister City Commission) of the Anaheim Municipal Code to modify the method of appointment of Sister City Commission members and to make other related organizational changes, seconded by Council Member Faessel. ROLL CALL VOTE: AYES – 6 (Mayor Pro Tem O’Neil and Council Members Diaz, Ma’ae, Moreno, Valencia, and Faessel); NOES – 0. Motion carried; ordinance introduced.
City Council Minutes of October 25, 2022
24. Receive an update from retired Judge Clay Smith who is serving as the neutral and administrator of the investigation regarding former Mayor Harry Sidhu’s and the City Council’s campaign contributions and potentially related contractors and agreements along with an evaluation of staff’s involvement, if any, and whether any serial communications/meetings in violation of the Brown Act occurred in the context of the facts alleged in the federal investigation (informational item).
Honorable Judge Clay Smith provided a brief update on the investigation to the City Council. He advised that he provided a brief written update to the City Council and noted its brevity is to ensure that sensitive information does not escape from the investigative team to the public before the process is completed.
Judge Smith reported the investigation is underway and is very active. He advised they are collecting information but would refer to it as background and it is pointing the team in the right direction. He explained an all-hands meeting is held weekly with all members of the team.
Judge Smith advised the team is requesting clarification on some aspects of the scope of the investigation and noted it was not intended to expand or contract on the scope but to provide clarification. He noted the scope of work in Point 1 is to identify all individuals who made campaign contributions to all candidates and office holders, and account for sitting City Council members and former Mayor Harry Sidhu throughout their political career in Anaheim. He explained concerning Mr.
Sidhu it would take the investigation back to 2004 and he believed that would be outside of the scope of work as it would pre-date the Anaheim Stadium transaction which is the primary focus. He requested clarification from City Council that the focus of the investigation is the Anaheim Stadium transaction.
DISCUSSION: Mayor Pro Tem O’Neil inquired if the City Council could answer questions from Judge Smith. City Attorney Robert Fabela confirmed that City Council could answer questions and Judge Smith could take comments and return with a formal motion, but a formal motion could not be made at this meeting.
Mayor Pro Tem O’Neil believed that looking at campaign contributions going back to 2004 was not only to look at the stadium transaction but how votes may have been impacted by those supporters.
He reported there have been City Council members who have also run for other offices and noted Mr.
Sidhu was retiring debts from those old accounts while running for City Council. He believed the investigation into the campaign contributions may only need to go back one term when the controversy began. He expressed support for looking into campaign contributions from individuals, political action committees (PACs), and businesses contributions. He did not believe much could be done with independent expenditures but left it to the investigative team’s discretion if they believe it is an avenue to explore.
Council Member Moreno thanked Judge Smith for the update and noted he looks forward to the full report. He inquired if the investigation is still on a six-month timeline or if it would be extended based on the feedback received from City Council.
Jeff Johnson, Principal at the JL Group, reported the investigation got off to a late start due to contract issues but is still looking at six months. He advised they have compiled a list of over 180 potential witnesses but have yet to get into discovery. He confirmed the feedback from City Council could potentially extend the timeframe.
City Council Minutes of October 25, 2022
Council Member Moreno suggested to City Council and the City Manager that the investigative team provide a monthly update. He noted he agrees to some extent with Mayor Pro Tem O’Neil’s comments regarding the scope and agrees the PACs need to be investigated. He noted Save our Anaheim Resort (SOAR) PAC has already donated $872,000 to City Council campaigns, which is not illegal but advised when quid pro quo comes into play it becomes illegal. He felt that the stadium should be the center of investigation but recommended a threshold of giving should be determined.
He noted he would like to see the Chamber of Commerce’s involvement along with the Chamber of Commerce’s board and those who were serving with Mr. Sidhu.
Council Member Moreno referenced the recent Los Angeles Times article that Mr. Sidhu refused to turn over emails and pleaded the Fifth Amendment and inquired how it impacts the investigation. He also inquired if City Council Members could also plead the Fifth Amendment.
Judge Smith advised he has not had an opportunity to read the article but noted his understanding is that one cannot withhold documents that are owned by the public under the Fifth Amendment. He noted he is unsure how it would affect the investigation.
Council Member Moreno inquired if the investigators have a legal right to compel the City Council to turn over documents.
Judge Smith explained that documents requested by subpoena would be by court order but noted they do not have that power or authority. He advised they have yet to run into a situation where someone does not turn over documents. He noted the City Clerk has been exceptional at providing documents when requested.
Council Member Moreno asked the City Attorney if the City Council could be compelled to turn over private emails that were used for City business.
City Attorney Robert Fabela explained the Los Angeles Times article focused on the Fifth Amendment issue and noted they had access to the letter from the City to Mr. Sidhu’s legal representative that he return records that were kept on his personal accounts under the Public Records Act requests. He referenced the 2017 case, Smith vs. the City of San Jose, which determined that public records could be kept on private devices. He noted Mr. Sidhu’s legal representative advised the case does not compel former employee Mr. Sidhu to adhere to the Public Records Act as it would current employees.
Mr. Fabela advised that current City Council Members would not have the defense of being a former employee and would all be required to provide records from personal accounts. He noted it relies on the integrity and honesty of the employees to provide those records but does not force the production of a cell phone or personal computers. He noted he is happy to work with Judge Smith and the JL Group to find creative ways to access records on personal accounts.
Council Member Moreno expressed concern that Mr. Sidhu was working in the culture of a cabal that communicated using private emails and deleted them. He inquired if the investigative team is confident they could find those emails. Judge Smith and Mr. Johnson both expressed confidence they could find those communications.
Council Member Diaz recommended the investigative team start the timeline from when Mr. Sidhu filed the paperwork to run for office. He expressed concern regarding Scope of Work Item No. 8 and noted he is unsure why it was needed.
City Council Minutes of October 25, 2022
Council Member Ma’ae inquired if the investigative team would still be able to come in on budget.
Mr. Johnson noted the investigation is just getting underway and as of now, they are under budget.
He advised they intend to keep the City informed of any budget issues for discussion.
Council Member Ma’ae inquired if a monthly update is reasonable.
Judge Smith agreed a monthly update is appropriate but would need to keep tight-lipped about the results until the final report is presented due to the public record nature of the investigation.
Council Member Valencia inquired about the total cost of the investigation so far. City Manager Jim Vanderpool confirmed that $158,000 had been spent so far.
Council Member Valencia requested clarification that nothing of significance had been found so far and is largely background. Judge Smith advised that it would not be accurate that nothing of significance had been uncovered. Mr. Johnson explained that most of the action occurred in the last month or so.
Council Member Valencia noted he was happy to hear that an in-depth investigation was taking place and looked forward to the final report.
Council Member Moreno requested reaffirmation that the report when completed would be introduced to City Council in a public meeting and be made available to the public immediately.
Council Member Ma’ae inquired if the City could make the report public upon receipt legally.
Judge Smith advised their final report would be provided to the City Clerk and he expected the final product to be public. Council Member Ma’ae agreed.
Council Member Diaz agreed it should be a public report.
Council Member Moreno requested clarification on when the report would become public and who would author the report.
Judge Smith clarified the report would be a collective effort between him and the JL Group.
Council Member Moreno noted he would agendize the request so it could be affirmed at the next City Council meeting.
Informational item; no action taken.
City Council Minutes of October 25, 2022
25. Review and discuss the obligations of Angels Baseball for upkeep and maintenance of Angel Stadium under the 1996 Lease.
City Attorney Robert Fabela advised that at the October 4, 2022 City Council meeting, Council Member Moreno requested a review and discussion of Angels Baseball’s obligations under the existing lease for upkeep and maintenance of Angel Stadium. He advised City Council that the purpose of the item is to raise the issue but not to analyze the merits or any legal claims or legal strategies the City could take.
Mr. Fabela explained the City entered into a Lease agreement with the California Angels L.P. in 1996, which was partially owned by the Walt Disney Company. He advised it was purchased by Arte Moreno in 2003 who assumed the Lease that runs until December 31, 2029, with Angels Baseball having three 3-year options to extend the lease. He explained if Angels Baseball were to exercise all three options, the Lease would extend through 2038.
Mr. Fabela reported that the Lease requires the Angels to maintain the stadium in good condition and repair subject to ordinary wear and tear at its sole expense subject to capital reserve obligations that both the City and the Angels contribute to. He noted the standards of maintenance are described as at least equal to first-class professional baseball stadiums, such as, on the date hereof, Kansas City and Dodger stadiums, considering the age and design of such stadiums but excludes any upgrades to systems such as scoreboards, public address systems, and telecommunication systems. He noted those systems must be maintained at the benchmark noted in the Lease. He advised the benchmark also considers the age of the stadium.
Mr. Fabela reported the Lease establishes a formula for both the City and Angels Baseball to contribute to an annual Capital Reserve Fund to make capital repairs and improvements to the baseball stadium and the parking area to the standard outlined in the Lease. He advised that since 2002, the City has deposited $12,300,000 into the Capital Reserve Fund and noted Angels Baseball has spent $54,500,000 in capital repairs and improvements including the City’s $12,300,000. He explained Angels Baseball has taken the position that it is entitled to the difference between the $54,500,000 and the $12,300,000 at the termination of the Lease. He advised the City disagrees with that position and believes it is inconsistent with the plain language of the Lease.
Mr. Fabela noted the issue was briefly discussed in 2013 and referenced a staff report that stated that by considering a ground lease, the use of the site’s development rights would facilitate a pathway for Angels Baseball, and its owner, to develop a revenue source to assist in funding all on-going maintenance, repair, and capital requirements for the 47-year-old stadium, estimated to be between $130,000,000 and $150,000,000, over the next 20 years. He opined that any capital repairs and improvements needed to maintain Angel Stadium in good condition and repair equal to first-class professional baseball stadiums, subject to ordinary wear and tear, is at the sole expense of Angels Baseball.
DISCUSSION: Council Member Moreno advised that his reason for bringing up this item is to clarify issues that came about when the Lease was reinstated in 2019. He noted the deal being proposed at that time was to lease the property at $1 per year so that the team owner could keep the property at a level that kept it competitive. He inquired if any entity that purchases the stadium would assume the Lease.
Convention, Sports, and Entertainment Executive Director Tom Morton confirmed that any entity that purchases the stadium would inherit the Lease.
City Council Minutes of October 25, 2022
Council Member Moreno advised that since Arte Moreno has started the sale process with Major League Baseball (MLB), the City must be clear about who is responsible for the maintenance and repair of Angel Stadium. He expressed concern that a new owner may come in and make the same argument that they need funds to maintain the stadium. He inquired where the $130,000,000 to $150,000,000 figure to repair the stadium was determined.
Mr. Morton advised those figures came from Angels Baseball and advised the thinking at the time was that the Angels and the City would jointly contract for a study, but it was never finalized.
Council Member Moreno recommended that the City look to exercising this portion of the Lease that Angels Baseball is responsible for the maintenance and repair of the stadium.
Mr. Fabela noted he could not speak to a number but agreed that Angels Baseball is responsible for the repair and maintenance of the stadium per the Lease.
Council Member Moreno stated he would be agendizing a closed session item. He noted that he brought the item forward so the public could understand that Angels Baseball is responsible for the maintenance of the stadium.
Council Member Valencia inquired what legal remedies the City has to enforce that portion of the Lease that Angels Baseball maintains the stadium.
Mr. Fabela provided a high-level review of actions the City could take but noted it would need to be discussed in a Closed Session.
Council Member Moreno inquired if the City has conducted a formal assessment of the amount needed to keep the stadium maintained. Mr. Morton advised an assessment has not been conducted.
Council Member Moreno noted that he would look to agendize an assessment of the costs.
Council Member Moreno inquired when the last formal assessment was conducted, to which Mr.
Morton responded that one has not been conducted during his tenure starting in 2009.
Discussion item; no action taken.
REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non-agenda items): None
COUNCIL COMMUNICATIONS:
Council Member Faessel thanked Congressman Lou Correa for inviting him to participate in the Young Congressional Leaders Program, which included representatives from several local schools.
He thanked Fire Chief Russell for speaking at a Rotary Club meeting and acknowledged the recent Public Power Week activities.
Council Member Ma’ae acknowledged the Loara High School band and announced the Band Review to be held on Clementine Street on Saturday, October 29.
Council Member Moreno thanked Community Services Director Sjany Larson-Cash for the update she provided about the supplemental funding for library hours, neighborhood clean-ups, and senior City Council Minutes of October 25, 2022
services noted that it has been difficult to recruit employees, and announced that library hours would be expanded in November but would still not yet be all day, every day, at each location. He presented information about campaign spending by Political Action Committees and labor unions, addressed supporting versus attacking candidates, and encouraged voters to do their research.
COUNCIL AGENDA SETTING:
Council Member Moreno requested a Closed Session discussion on November 1st regarding the merits and perspectives of enforcing the lease, as landlords of Angel Stadium, regarding tenant’s maintenance obligations. He requested an informational item on November 1st or 15th regarding the Disney Parking Structure and whether the change of title from the City to Disney following the bonds being paid off could be considered a gift of public funds. He also requested a discussion on November 1st, like that in Santa Ana, regarding the possibility of holding labor negotiations in public with the Anaheim Police Association and Anaheim Firefighters Association.
ADJOURNMENT:
At 8:27 P.M., with no further business to conduct, Mayor Pro Tem O’Neil adjourned the City Council.
Respectfully submitted,
Theresa Bass, CMC
City Clerk