ANAHEIM CITY COUNCIL
REGULAR MEETING OF FEBRUARY 7, 2023
The regular meeting of February 7, 2023 was called to order at 2:02 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 February 2, 2023.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Jose Diaz, Carlos A.
Leon, Stephen Faessel, and Natalie Meeks. Mayor Pro Tem Rubalcava joined the meeting during Closed Session. [One Council Member vacancy]
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION:
City Attorney Robert Fabela announced that Closed Session Item No. 03 is related to potential litigation related to the requiring of food permits at the Anaheim Convention Center, Item No. 04 is related to a potential partition action regarding Manchester Court, and Item No. 05 is related to potential litigation related to the California Housing and Community Development (HCD) Department’s position regarding the City’s Housing Element.
PUBLIC COMMENTS ON CLOSED SESSION: None
CLOSED SESSION: At 2:03 P.M., Mayor Aitken recessed to closed session for consideration of the following:
1. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organization: Teamsters, Local 952
2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organizations: International Brotherhood of Electrical Workers (IBEW), Local 47; and IBEW, Local 47 Part-Time Customer Service Employees
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 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 Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case
5. 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
City Council Minutes of February 7, 2023
6. 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
At 4:02 P.M., Mayor Aitken reconvened the Anaheim City Council.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Stephen Faessel, and Natalie Meeks. [One Council Member vacancy]
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
PUBLIC COMMENTS ON WORKSHOP:
City Clerk Theresa Bass reported that a total of 3 public comments were received electronically prior to 4:00 P.M. related to the Workshop and distributed to the City Council.
Mark Richard Daniels stated the Beach Boulevard work has been a joy to watch. He added West Anaheim is coming into an overdue new age and he expressed his pleasure at being alive to see it.
He credited districting and former Council Member Denise Barnes and former Mayor Tom Tait for getting the process started. He thanked Mayor Aitken and her family for their Catarina’s Club program from which he received food and other benefits while living long-term at the Covered Wagon Motel.
WORKSHOP: Rebuild Beach Update
City Manager Jim Vanderpool reported staff is proud to present this multi-departmental update on decades of efforts surrounding a multitude of issues plaguing the Beach Boulevard corridor. He requested the public’s patience as success will not come at lightning speed, but added the team has made impressive progress in just one year, highlighted by the acquisition of two of the most problem- laded motels.
Senior Administrative Analyst Lylyana Bogdanovich noted this has been a true team effort among City staff. She reported the purpose of Rebuild Beach is to improve public safety and quality of life issues while fostering long-term development. She added that Rebuild Beach was presented at the December 7, 2021 Council Workshop as a one-year pilot program with staff directed to return with an update.
Ms. Bogdanovich reported the 1.5-mile stretch of Beach Boulevard from Lincoln Ave. to Ball Road housed 18 motels and aging blighted strip shopping centers, adding three of the motels have been demolished since 2017. She added as the quality of the properties declined the area became a magnet for criminal activity, including human trafficking, prostitution, illegal gambling, drug use, and distribution, thefts, and violent crime. She reported there have been many positive results over the past year stemming from proactive code enforcement.
Planning and Building Director Ted White reported proactive improvement and enforcement efforts began following the 2021 Workshop, beginning with letters to the 18 motels to notify the owners of measures to be taken by the City to address increased crime and quality of life issues, followed by in- City Council Minutes of February 7, 2023
person meetings with poorly-run motel owners. He added staff, with Council approval, began the process to alter Conditional Use Permits (CUP) for the Anaheim Lodge and Travel Inn to increase security requirements. He added staff is considering measures, including a Zoning Code amendment, to apply these best practices to all motels.
Mr. White reported the City has also launched a code enforcement program for commercial properties with in-person outreach from his staff and the Economic Development Department to the vast majority of Beach Boulevard businesses. He added that follow-ups on the compliance measures remain ongoing.
Mr. White reported on the purchase and demolition of the Covered Wagon Motel for having inhumanely unsanitary conditions, adding the City assisted long-term residents with relocation.
Anaheim Police Department (APD) Chief Jorge Cisneros reported that APD has increased its patrols and other operations in the area, led by the West Anaheim Community Policing Team. He reported during the week of January 20th, the Orange County Human Trafficking Task Force executed Operation Reclaim and Rebuild on the corridor. He reported on the drug enforcement efforts along Beach Boulevard, highlighted by a three-week operation in October 2022 netting over 120 arrests with over 300 citations issued for matters such as narcotics and illegal firearms with five stolen vehicles also recovered.
Chief Cisneros reported on high-visible security cameras added to the corridor which have successfully deterred crime while providing valuable evidence to investigators. He added more cameras and license plate readers will be installed this year. He reported these efforts reduced the calls for service along Beach Boulevard by 15% in 2022 with a 9% crime reduction.
Housing and Community Development Director Grace Stepter stated the long-term goal of this program is to revitalize Beach Boulevard comparably to other areas of the City. She reported on other market-rate and affordable housing developments in other areas of the City that can lead the way for private investment along Beach Boulevard She added the City is paying close attention to design, amenities, property management, landscaping, and art components to help beautify the corridor and increase property value. She compared Beach Boulevard’s potential to the stretch of Lincoln Ave. between East St. and State College Boulevard She clarified the City is using these past successes as a template while also seeking to maintain West Anaheim’s personality moving forward.
Ms. Stepter cited the development at the southeast corner of Beach Boulevard and Lincoln Ave. as an example of how the City is using the Surplus Land Act to its advantage with a verbally-approved development that includes 47 affordable housing units, along with 59 for-sale townhomes and retail.
Ms. Stepter reported on the acquisition of the Covered Wagon and Anaheim Lodge. She added the Beach Boulevard Specific Plan identified there being more hotel rooms than necessary on the stretch. She added the City has already removed 159 hotel rooms from the corridor, noting the number of hotel rooms is a data point staff is tracking to measure Rebuild Beach’s success. She added the City is still working to relocate the Anaheim Lodge’s long-term occupants. She noted the City continues to provide homeless outreach along Beach Boulevard, including the City’s Community Care Response Team (CCRT), along with offering relocation services.
Ms. Bogdanovich reported on the extensive and critical community outreach behind the Rebuild Beach efforts, including increased communication with business owners along with residents and community organizations. She added the City also maintains a comprehensive webpage detailing all of the work done to date. She noted the $75 million investment into the 39 Commons development at City Council Minutes of February 7, 2023
the northeast corner of Beach Boulevard and Lincoln Ave. with the townhomes scheduled to be completed shortly and retail secured in the form of In-N-Out Burger, Starbucks Coffee, a grocery store, and a hot chicken restaurant.
Ms. Bogdanovich reported on the closure of a frontage road at the intersection of Beach Boulevard and Rome Ave. to quickly improve traffic circulation at a very low cost. She reported neighbors have decided to make the closure permanent and turn the Rome Ave. side of the intersection into a cul-de- sac. She added staff has painted murals at the now-closed intersection for the short term which was previously plagued by illegal activity. She noted sidewalks have also been temporally painted in bright bold colors to indicate change is happening, stating it is not inconsistent with the Specific Plan.
Ms. Bogdanovich stated upcoming improvements include work to move utility lines underground to improve aesthetics. She reported the City has been working on relinquishing areas owned by the California Department of Transportation (Caltrans) since 2017 and expressed hopes legislators can speed up a transfer process that may extend until 2026 citing recent experiences in the City of Buena Park. She noted the City has begun a storefront improvement program offering grants to business owners with $8 million worth of applications received during the recently-closed window. She noted several Beach Boulevard businesses have applied along with others City-wide. She added staff anticipates activating both City and private properties for additional colorful art and murals to encourage revitalization.
Ms. Bogdanovich noted Item No. 11 on the Agenda is a resolution of support for the Public Art Challenge Grant which encourages cities to partner with art institutions and artists in developing solutions to significant civic issues through temporary art projects. She added the City is proposing to transform the Anaheim Lodge into a temporary art incubator while the City works to convert it into housing. She added the lot being vacant for an extended period while redevelopment plans are created would not help the neighborhood.
Ms. Bogdanovich reported Rebuild Beach is a long-term redevelopment strategy through strategic acquisitions and City staff teamwork harnessing community partnerships. She stated the City’s team has concluded, among other things, that the APD cannot transform this corridor on its own. She echoed Ms. Stepter’s comments about drawing ideas from the redevelopment of other City corridors but added staff has to remain flexible and creative due to Beach Boulevard’s unique characteristics, citing its glut of hotels.
DISCUSSION: Council Member Diaz expressed his strong support for the staff’s approach to Beach Boulevard, adding he is grateful for the tremendous effort. He reported as a West Anaheim resident he sees it moving in the right direction and as a Council Member, he sees the passion from staff as it coordinates efforts from multiple departments to transform the area. He noted the increase in APD surveillance, code enforcement, and implementation of the Commercial Facade Program, engagement of potential developers, hotel purchases, beautification, and the undergrounding of utilities among other good works by staff. He lamented only that the entire plan cannot be completed in two years. He encouraged staff to continue to engage the community.
Council Member Meeks congratulated staff for its efforts to move the program along, noting Beach Boulevard was not great when she lived near it 35 years ago. She stated the redevelopment needs to get done and encouraged staff to engage residents in ways beyond merely public meetings, notion those are sparsely attended by the same handful of people. She encouraged staff to let residents know about their accomplishments through direct mailing, social media, and other communication vehicles.
City Council Minutes of February 7, 2023
In response to Council Member Meeks’ inquiry, Ms. Bogdanovich confirmed it is conceptually in the Beach Boulevard Specific Plan to paint a giant beach ball at an intersection but added staff does not currently have plans to do this.
Council Member Meeks expressed concerns about a giant beach ball painted over an intersection in her experience as the City’s Public Works Director. She added the APD needs to be cognizant of where unlawful individuals are moving to once they relocate from Beach Boulevard so their crimes are not continued in other parts of Anaheim. She stated the undergrounding of utility lines will be costly to the General Fund and questioned if it is a project where someone other than the City should be taking the lead in addition to its prioritization. She questioned if the funds can be better spent to generate a more immediate effect through things such as additional motel acquisitions or extra staffing. She expressed her excitement at the progress of the plan thus far.
In response to Mayor Aitken’s inquiry, Anaheim Public Utilities (APU) General Manager Dukku Lee reported the City has been working on the undergrounding project since 2017, noting how long the permitting process takes with Caltrans. He estimated the cost of the project at $20 million with $6 million being for undergrounding Southern California Edison’s portion. He added a portion of the project would be paid for with APU funds and the City would also receive reimbursement from communications companies who have lines on the existing utility poles. He could not provide a specific timeline but noted it has been a two-year permitting process which will hopefully be completed by this summer with construction beginning in early 2024.
Council Member Faessel thanked the City staff for getting the City to this point through interdepartmental cooperation. He noted how the staff is learning how components of large projects like this can be reused in other parts of Anaheim.
Mayor Aitken expressed her excitement about the project and encouraged staff to start considering the City’s infrastructure. She reported having discussions with Council Member Diaz about good communication throughout the corridor, stating the City can do a better job using technology to keep residents informed. She encouraged incorporating the views and opinions of residents as the City does through the artistic component, leading to a better end product.
Mr. Vanderpool thanked State Senator Josh Newman and Assemblymember Sharon Quirk-Silva for their commitment to the Rebuild Beach efforts. He requested patience from residents with this long- term process. He added the success lies with the acquisition of the motels which plague the APD with heavy calls for service, draining resources and being a burden to adjacent residences. He noted the acquisitions are costly as the State no longer has redevelopment provisions which would have made this easier for the City in the past. He noted the purchases can only come from the Anaheim Housing Authority and its limited City-wide funds, the General Fund, or other governmental agencies at the County, State, and Federal levels.
Mr. Vanderpool thanked the dedicated team for making this large project happen thus far and also thanked Mayor Aitken and the Council for their support.
At 4:43 P.M., Mayor Aitken recessed the Anaheim City Council and reconvened at 5:01 P.M MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Stephen Faessel, and Natalie Meeks. [One Council Member vacancy]
City Council Minutes of February 7, 2023
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
INVOCATION: Preacher Jimmy Gaston, State College Boulevard Church of Christ FLAG SALUTE: Mayor Pro Tem Natalie Rubalcava
OATH OF OFFICE:
District 4 – Newly Appointed Council Member Norma Campos Kurtz Former Anaheim Mayor Tom Daly administered the Oath of Office to newly-appointed District 4 Council Member Norma Campos Kurtz.
Council Member Kurtz committed to both representing and serving the constituents of District 4, clarifying she considers both residents and businesses to be her constituents. She pledged to visit neighborhoods to learn issues first-hand, increase resources for senior citizens, support businesses of all sizes, and work to attract new businesses to the City. She stated she will work with residents to ensure the community’s needs are met, citing the rehabilitation of Boysen Park. She pledged to work with her Council peers to improve the City’s main business corridors and the quality of life for residents. She quoted Mayor Aitken’s thematic mantra of “We are Anaheim” and added it is time to get to work.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing February 2023, as Make Kindness Contagious Month Recognizing February 2023, as Career and Technical Education Month Recognizing February 17, 2023, as Random Acts of Kindness Day ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items):
City Clerk Theresa Bass reported that a total of 33 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 36 public comments were received electronically, distributed to the City Council, and made part of the official record]. – See Appendix.
Janis Heckel, Executive Director of the Anaheim Community Foundation (ACF), expressed the organization's support for the agreement with the Young Men’s Christian Association (YMCA) in Item No. 07. She added the YMCA is a wonderful community partner. She stated the ACF is the community’s center for collaboration and philanthropy focused on the current and emerging needs of the City and reported on numerous programs the Foundation organizes to help accomplish these goals and make a difference for Anaheim residents. She thanked the City for standing by the ACF’s side over its 39-year history and continues to support its mission. Solidshape President Elchin Mirzayev presented a $5,000 donation to the ACF after being inspired by a similar “big check” presentation to the ACF at a recent Council meeting. She reported Solidshape believes in being a responsible corporate citizen and is proud to finally have reserves available to begin making such donations.
City Council Minutes of February 7, 2023
Kelly Chidester, Executive Director of the Muzeo Museum and Cultural Center, stated she is eager to work with the new Council to help further Muzeo’s mission of being a museum without walls, spreading culture to each of the six districts. She reported Muzeo believes museums make the world a better place and communities should be reflected in the exhibitions the Muzeo hosts. She reported Muzeo believes arts and culture can transform communities. She added that Muzeo can add a unique perspective to the Art Lodge proposal in Item No. 11, noting the City has only scratched the surface of the concept and its ability to enrich the City. She invited the Council Members and community to the four new exhibitions opening at the Muzeo on February 18th. She thanked the Council and staff for acknowledging the vital role art plays in the community and the support the Muzeo receives from the City.
Jason Khoo reported he grew up in West Anaheim wanting to move as far away from home as possible but remains a District 1 resident. He added, growing up in the area, you do not realize it is so bad because it is all you know. He lauded all of the progress from the Rebuild Beach efforts. He commended the area’s new art, adding it is invigorating and makes him want to be proud of Anaheim.
He added the transformation of the Anaheim Lodge in Item No. 11 is a step in the right direction for progress. He noted as the owner of a District 1-based marketing company he is beginning to see clients and employees live in Anaheim, something which was not the case 5-7 years ago. He added this is a sign the City is moving in the right direction and expressed his excitement for the Rebuild Beach plan which has led him to run a business out of a West Anaheim community he wanted to run away from in his youth. He offered his services as a voice to encourage the progress to continue.
Mike Robbins reported his organization, the People’s Homeless Task Force, has put a lot of effort into protecting the homeless. He stated the City and County still need more shelters. He added they should not have to sue in court but rather put up more money to get people off the streets. He stated in regards to Item No. 16, the values of democracy were being stepped on by the previous City Council. He encouraged the Council to continue to ensure the American flag behind them is represented in their thoughts and actions. He acknowledged people take large sums of money from special interests but added Council Members still have to weigh democracy into their thought process and also consider the people. He stated the investigation is about a search for the truth and protection of democracy, noting it supersedes all else including the homeless issue for the People’s Homeless Task Force.
Jeanine Robbins stated the attempted theft of Angel Stadium is perhaps the greatest scandal in the City’s history, aided by members of the City’s staff, Anaheim First, Visit Anaheim, the Chamber of Commerce, The Walt Disney Company, and lobbyists. She added violations of the Brown Act disclosed by the Federal Bureau of Investigation (FBI) have led the City to the audit in Item No. 16.
She noted arrests have already been made with assuredly more to follow. She stated the auditors should be given more money as requested because they have found a hornet’s nest and met with shock and awe. She encouraged the Council to approve Item No. 16 so everyone can get the truth about how residents were misled and lied to, adding residents deserve to know what happened. She endorsed the Rebuild Beach plan and commended the sidewalk art. She stated she was troubled by Council Member Meeks referring to “those people” and “these people” and added if she is referring to the homeless there is a former gym at the corner of Broadway and Magnolia St. which has been vacant for 10-15 years. She added the facility has showers and could be used as a homeless resource center. She added the shuttered facility is a magnet for people to come to the empty parking lot at night.
Mark Richard Daniels echoed Ms. Robbins’ comments and harkened back to when the Council was taken over by the Ku Klux Klan in 1924 to find a scandal of comparable magnitude in Anaheim. He stated former Mayor Harry Sidhu and his cronies should be handed the bill for the investigation City Council Minutes of February 7, 2023
because the taxpayers should not be stuck with the bill for something so egregious. He added the investigation in Item No. 16 needs to be done and should serve as a testimony to future Councils saying this will not be tolerated. He added former Mayor Sidhu should be imprisoned for years. He added in regards to Item No. 19 he is humbly available for community service, noting he previously served a term on the Cultural and Heritage Commission. He added he would also be available for the Parks and Recreation Commission or any other board. He congratulated Council Member Kurtz and noted she did not hold her hand up while taking the Oath of Office.
Jodie Mosley stated the City put $750,000 into the survey for the Beach Boulevard Specific Plan resulting in a great plan capturing what residents want. She added the City never considered the community survey in regards to Item No. 11. She reported residents never asked for any kind of murals and it would have never happened in other areas of the City. She stated the murals are ugly and added her call to have them removed was conversely met with an additional coat of paint. She noted there would be many unanswered legal questions behind converting a condemned motel into an art lodge. She stated the idea seems like desperation and added it was never previously on the Agenda. She added residents want the Anaheim Lodge demolished so redevelopment can begin on the site. She questioned if anyone would patronize the art lodge in such a notoriously problem-ridden area, adding she would not bring her children there. She questioned why the Anaheim Lodge is not being quickly demolished like the Covered Wagon was. She expressed her opposition to Item No. 11 because the Specific Plan contains what residents want and it is not ghetto-style murals or a reckless and irresponsible motel conversion just so the City can get grant money. She stated she only wants what is best for her neighborhood, noting someone has to live there to know what this is but their wishes are in the Specific Plan. She urged the Council to consider the residents.
Cherie Grant reported she lives at Pacific Sunset Mobile Home Estates and she would never go to the Anaheim Lodge art studio or encourage her friends and family to go there. She stated it is not a nice environment. She inquired as a registered nurse if there would be Naloxone on site in the event of an overdose because it will be a City-owned facility. She expressed doubts every room at the Anaheim Lodge will be used as an art studio. She inquired how the City intends to vet the applicants in an area not known for art. She stated the funds could be better spent in West Anaheim. She requested an analysis by the City Attorney of the City’s liabilities for such a property to be used in this manner. She pondered if the rooms will be locked at night and monitored to ensure people are not sleeping there. She expressed high doubts everyone will be using their room for art. She stated the idea is ridiculous and encouraged the Council to consider potential implications. She added this proposal is just a band-aid on an area that has been bleeding for decades and encouraged the City to instead tear down the Anaheim Lodge. She questioned how a condemned building can be suitable as an art studio.
Vern Nelson stated it was nice to see the Council Members at the Black Heritage Parade and encouraged having a Chicano Parade in August. He welcomed Council Member Kurtz. He stated it was not the first choice of many residents to add a member of Support Our Anaheim Resort (SOAR)’s advisory board to a Council with four SOAR-backed members. He added they seem like nice people and expressed hopes they can move forward on non-Disney issues like affordable housing or a stronger Police Review Board. He noted the Grandma’s House of Hope lawsuit was discussed in Closed Session and expressed hopes they saw the City is in the wrong. He noted it is not the current Council’s fault and encouraged them to settle the case and cut the taxpayers’ losses. He expressed support for Item No. 10’s condemnation of the Iranian government. He expressed support for Item No. 11. He stated the investigation in Item No. 16 needs to continue, adding the investigators keep finding more shady things with every thread they pull on and would look very bad for the current Council if they cut off the investigation now. He stated Item No. 17’s City Charter revision is where campaign finance changes belong, but added no reform effort is worth a thing if it does not include City Council Minutes of February 7, 2023
independent expenditures accounting for over 90% of campaign money. He reported the Clean Up Anaheim Act is not unconstitutional under the United States Supreme Court’s decision in Citizens United v. Federal Election Commission because the Clean Up Anaheim Act disincentives donations without limiting them. He commended Council Member Faessel for voting for this in June 2022.
Daryoush Ghashghai stated he does not envy the Council Members’ jobs and thanked them for their service. He stated they cannot heal the world today but can start with compassion, love, and acts of kindness. He added by passing Item No. 10 the Council is showing love, compassion, and kindness for grieving people and political prisoners suffering who fought for basic human rights. He added America as a nation has always stood for those who cannot defend themselves. He implored the Council on behalf of the Iranian-American community to pass Item No. 10 and show the world why America is the world’s greatest nation.
Gloria S. Ma'ae thanked the Council Members for their efforts to help residents and businesses. She thanked Council Member Kurtz for coming out of retirement to serve, lauding her integrity. She reported Item No. 16 originated during her term on the Council and added she did not agree to start the investigation during the ongoing FBI investigation. She reported the bids were received for six months at $750,000 with the Council selecting JL Group, LLC based in part on the bid. She stated bids from other companies are held to the amount agreed to in their contract and JL Group now requesting double the time and the cost is unreasonable. She stated she supports presenting the facts of the investigation to date to the public with a determination on potential additional time and costs by the Council to be made on what has been discovered.
Sudi Farokhnia stated the quest for freedom, democracy, and human rights for the Iranian people has been recognized globally, including a presentation by Dr. Jill Biden at Sunday night’s GRAMMY Awards. She stated the approval of Item No. 10 will echo the stance of 10 other Orange County cities with others to come, noting the City of Yorba Linda is voting on a similar item tonight. She reported the Resolution would declare solidarity with Iranian freedom fighters and is a testimony of recognition for the City’s Iranian-American residents, providing hope for better days to come. She encouraged the Council to pass Item No. 10 for women, life, and freedom.
Dr. Judith Gollette, Chair of the West Anaheim Neighborhood Development (WAND) Council, expressed concerns over what continues to happen in Districts 1 and 2. She noted she has contacted Council Member Leon four times over the past three weeks but has not heard anything back. She called for a better voice for West Anaheim residents, adding they are not the forgotten people, but rather a community of 110,000 people. She added West Anaheim has fewer parks than most other areas with only 0.8 acres of park for every 1,000 residents. She reported WAND’s mission has been to support West Anaheim’s neighborhoods since 1997. She reported meeting with the Beach Boulevard motel owners years ago and stated they wanted to increase the benefits and decrease the liabilities of their location as the connection between Knott’s Berry Farm and the beach. She stated the $1 million for the temporary art lodge will not work based upon issues the Muzeo faces. She called for the Council to listen to the community’s voice before the art lodge goes further and dismiss Item No. 11.
Monica Robles, Founder and President of Heart-Centered Leadership Coaching and Consulting Group, a non-profit dedicated to developing the leadership skills and business acumen of the Hispanic community, shared her group has been working with the City since 2019 through Director of Economic Development Sergio Ramirez. She added they are waiting for a Request for Proposal (RFP) to continue their work for the community. She reported 26 of their 90 Anaheim graduates started their own business in the past year. She commended Mr. Ramirez and his team for their assistance in relocating the organization’s office on short notice to a new location in Anaheim Hills.
City Council Minutes of February 7, 2023
She added she would like to continue a conversation with Mayor Aitken at last week’s Women in Leadership event. She expressed her appreciation for the Council’s continued support of the Hispanic community.
Cecil Jordan Corkern reported 35 employees of Walt Disney World have been arrested for child sex and possession of child pornography from 2006-19. He stated he has reported on this matter. He reported meeting Walt Disney in 2019. He added he is investigating immoralities at The Walt Disney Company. He reported Mr. Disney in the past got rid of all of the Germans working for him at the time so the company could be more family-friendly. He reported a Disney Vice President and the Producer of “Fantasia” both got caught for pedophilia. He added he has reports of pornography in the movie “Frozen.” He added America will someday have a female President and congratulated Mayor Aitken in the meantime. He encouraged Council Member Faessel to look into his research.
Benita Gagne, on behalf of the West Anaheim Organization, invited the Council to celebrate their first year as a public benefit non-profit organization. She added their mission is to serve the community and promote the interests of West Anaheim. She reported their next community gathering is on February 23rd at 6:30 P.M. at the Brookhurst Community Center to discuss the change and growth of Beach Boulevard with Mr. White making a presentation about the corridor. She directed people to their website and social media for more information.
Cecilia Flores reported a developer wants to convert a closed church in her neighborhood into a charter school and asked the Council Members to help save her neighborhood. She clarified the neighbors’ issue is not with the school but rather with the proposed location at 2780 East Wagner Ave. She stated it is a poor location for a school because there is only one entry to the property adding additional congestion to an already-busy intersection as parents linger in neighborhoods waiting for their children. She noted the existing driveway is narrow and could be an issue for emergency vehicles during drop-off and pick-up windows. She encouraged the Council Members to view the location in person. She added it will be a charter school so it will not serve their community and would mean even more cars from around the County as students will not walk there. She stated a community center would be a better use for the church property. She requested the Council pulls the project if it is approved by the Planning Commission, noting the developer has yet to meet with the community. She provided her contact information. She congratulated Council Member Kurtz.
Marc Herbert reported he had a personal strong interest in the Angel Stadium sale in 2020 as an Anaheim native and fan of the Los Angeles Angels but found it extremely difficult to find any information about it from the City. He added after learning of the FBI investigation he attended a Council meeting in September, received an education, and has not missed a meeting since. He stated the divisions within the Council and between the Council and residents were clear. He reported hearing both sides speak of shared values such as transparency, building trust, and democratic values, but noted this would break down when it came to costs and benefits. He reported he has created a website called Anaheim Grease linking media accounts and condensed Council meetings to assist people.
John Dunton reported the Anaheim Police Association (APA) spent $600,000 on campaign donations to get Council Members elected. He stated the APA can give money to politicians but could have better used $600,000 for the Cops 4 Kids program to which it did not even give a dime. He congratulated Council Member Kurtz on her appointment but added her swearing-in ceremony was unconstitutional because she did not raise her hand. He encouraged asking the City Attorney if the ceremony was invalid for this reason. He reported former APD Chief Raul Quezada sued the City and received $750,000. He added two of the APD’s top deputies sued the City at the same time and got money from the City as blackmail to not reveal the City’s secrets. He stated this use of taxpayer City Council Minutes of February 7, 2023
money is disturbing. He clarified the APD has a lot of good officers but encouraged residents not to go to the APD’s Internal Affairs Department because they cannot be trusted and residents should instead turn to the FBI or Attorney General. He noted investigators are aware of which Council members got APA campaign money and questioned if it was a bribe or payoff.
Nathan Zug reported he has worked for Magnolia Baptist Church in West Anaheim for 32 years tasked with developing community relationships. He added one of the first challenges he noticed after coming to Anaheim 32 years ago was Beach Boulevard with no strong priority by the City towards improving it. He reported attending the first Rebuild Beach community meeting and hearing a message loud and clear the City would do whatever it takes to rebuild Beach Boulevard the Anaheim way. He encouraged the new Council to keep the previous Council’s strong commitment to making Beach Boulevard a place of value in the City.
Rebecca Kovacs-Stein reported non-profit People Assisting the Homeless (PATH) has opened up a winter shelter in the City of Fullerton with shuttle pickup locations in the area and 90-bed availability for the 2-3 month program. She requested to see if City staff can develop a partnership with PATH to make a shuttle stop at the north end of La Palma Park. She reported at the last Council meeting she requested an update on metrics for Studio 6 and City Net. She suggested adding ombudsmen into some of these programs to help find where they are fractured.
Wes Jones requested a reduction in the security levels at City Hall. He noted Item No. 02 celebrates the 65th anniversary of the City’s Bookmobile and added it would be wonderful to mark the occasion by opening libraries on the weekend. He added it is an embarrassment to have so many wonderful world-class things in the City yet be unable to afford basic things for citizens. He decried the lack of City-run after-school programs for children in City parks. He noted how the APD flaunts its work with the homeless through a partnership with Be Well Orange County but added it was announced today that Be Well OC will no longer offer drug treatment programs leaving the City without one. He stated this is troubling, lamenting how the Drug-Free Anaheim program is no more. He stated Item No. 16 is a no-brainer due to the need to get to the bottom of the corruption so the new Council can hold its heads up high in a corruption-free environment.
Bryan Kaye congratulated Council Member Kurtz. He reported five former police officers in the City of Memphis, Tennessee were charged with murder and other crimes for an incident on January 7th, adding Memphis released the recordings for all to see. He added he has been requesting to see the recordings of his two APD arrests for over a decade and he still has not seen them, theorizing it is because they are really bad. He reported the Police Review Board bragged about sending a mental health clinician with the Special Weapons and Tactics (SWAT) team and added there is no need for one because the APD already has well-trained staff to handle negotiations, adding sending a mental health clinician sends a poor message to the person being addressed. He compared it to a Nazi-style leadership tool. He added it is comparable to how the APD bragged about using racial slurs toward him. He added the Police Review Board brags about not following the Brady Laws and watches the videos the City will not release to the public of the APD officers using excessive force. He stated the Police Review Board meetings are a Nazi snuff room watching movies of the police killing the public.
He added when residents request copies of these videos to ensure the APD is following the Brady laws they are ignored. He stated the Council Members have the power to ensure APD officers stop using racial slurs but former Mayor Sidhu and Council Member Faessel permitted it. He requested the current Council Members step up and stop the crimes against the people and improves the quality of the policing service before they have to say they could have saved the next Brandon Lopez.
Kathy Tran reported she was told by staff she could not contact Council Member Kurtz via email before the meeting because she had not yet been sworn in so she did not have a City email account City Council Minutes of February 7, 2023
and staff would not provide her email address. She requested a better solution so a resident can contact a Council Member ahead of a meeting, noting there is an item on tonight’s Agenda in her neighborhood. She questioned if this will always happen when there is a Council vacancy. She commended Mr. White, reporting a long phone conversation she had with him about Beach Boulevard last week where the care he had for the neighborhood and his passion for the project was evident in his voice. She expressed her appreciation for Mr. White and all he has done so far for Beach Boulevard and will continue to do. She added she will discuss Item No. 11 when it comes up.
Kenneth Batiste reported Anaheim is among the worst cities in California to live in. He theorized the extra cost for the investigation is because they found more than expected. He questioned how the City can give $6.5 million to Visit Anaheim, $450,000 to the Chamber of Commerce, and $250,000 to Anaheim First, but cannot spend on transparency. He noted there are three elementary schools within one mile of the proposed charter school near Council Member Faessel’s residence and questioned why the charter school is even being considered. He reported one in every six Anaheim children is food insecure outside of school hours. He stated the most basic of human needs, one often overlooked, is the need to be heard. He added just because a few individuals accumulate a vast amount of wealth does not mean only their opinion matters. He stated the wealthy turn the hatred around so others can hate each other and the wealthy can benefit from the hate. He added they need to change Anaheim for the better, noting 60 years of Disneyland has left the City $3 billion in debt.
Aida Garcia stated she is bothered by the corruption charges against former Mayor Sidhu and the City Council. She requested reparations for the people of Anaheim, particularly residents of Rancho La Paz Mobile Home Park. She added Rancho La Paz is experiencing issues with homeless residents adjacent to the facility and requested the Salvation Army’s crisis team be dispatched, lauding their presentation at the last meeting. She decried the 200-300% rise in utility costs and requested the Council reach out to local State Assembly members and United States Representatives in support of Anaheim residents.
Mayor Aitken responded to Ms. Tran’s comments by reporting there is an email address to reach the Council as a whole so they do not need to contact each of them individually and provided the email address.
COUNCIL COMMUNICATIONS:
Council Member Faessel requested the meeting adjourn in memory of two Anaheim residents, Lucero Lopez, a Sunkist Elementary student, and her stepfather Alberto Vincente Lopez, who were tragically killed in a car accident in the city of Placentia; as well as Bill Snyder, former president of the Anaheim/Orange County Visitors Authority.
Council Member Diaz welcomed newly appointed Council Member Kurtz to the City Council. He highlighted the restaurant Casa Linda, located at 2883 W. Lincoln Avenue. He noted that the restaurant recently opened and has received positive reviews. He announced a District 1 neighborhood meeting at Dale Junior High School on Wednesday, February 8 at 7:00 P.M.
Council Member Meeks highlighted a few businesses that recently opened in east Anaheim including a 4,600-square-foot headquarters for Phelps United and noted her attendance at the grand opening of Tribe Fitness in Anaheim Hills. She acknowledged community partner Chance Theater and highlighted their programs. She mentioned a tour she took at OC Innovation High School, a local Anaheim charter school, which provides individualized learning to at-risk students.
City Council Minutes of February 7, 2023
Mayor Pro Tem Rubalcava highlighted a mural from Loara Elementary School that was part of the Anaheim Succeeds mural project to create 23 murals at Anaheim elementary schools. She acknowledged Yadira Moreno who commissioned the mural project to educate students on the art process to encourage and inspire students, Anaheim Elementary School District Board Member Jackie Filbeck, and artist Carla Roche for their work on the project. She reported her attendance at a Lunar New Year event at Cal State Fullerton with Assemblywoman Sharon Quirk-Silva and an OCTA board member and her attendance at an event commissioned by Congressman Lou Correa who invited the White House Small Business Administrator to highlight local small businesses. She highlighted the Black History Parade and thanked the Orange County Heritage Foundation for organizing the event. She encouraged residents to attend the local car show at Center Street, which takes place every first Sunday of each month. She introduced her support team: Melissa Cuevas, an Anaheim High School alumnus; Daniel Hernandez, a District 3 resident, and Anaheim High School alumnus; and Valeria Sandoval, a Katella High School alumnus.
Council Member Leon reported his attendance at the UVSA Tet Festival and thanked Emmerick Doan and the UVSA team for organizing the event. He highlighted his attendance at the Black History Parade and Unity Festival and thanked the Orange County Heritage Council for organizing the event.
He congratulated AccessCal, a community-based organization dedicated to empowering underserved populations, and AccessCal founder Nahla Kayali on the 25th anniversary of the company. He mentioned he would highlight a District 2 restaurant and small business each month. For this month he highlighted, the Little Caboose Taco shop located off Ball Road and Brookhurst Street and thanked the Zavala family for their continuing contributions to the Anaheim community. He welcomed two members of his team, Taylor Griffin and Jonathan Davis.
Mayor Aitken highlighted her attendance at a Project Youth program and luncheon and the Women and Leadership panel with the city of Santa Ana’s Mayor Valerie Amezcua. She highlighted a meeting with the PTA group from Abraham Lincoln Elementary and discussed the programs their group organizes. She mentioned her attendance, along with Council Members Faessel and Kurtz, at the groundbreaking for Walnut Village Summer House II, a specialized memory care center. She highlighted the event organized by Congressman Correa, who hosted Isabelle Guzman from the Small Business Administration to visit local businesses in downtown Anaheim. She thanked attendees of the Black History Parade and Unity Festival and highlighted the importance of the event.
She noted her attendance at the AccessCal gala and thanked founder Nahla Kayali and the organization for their work. She mentioned she attended the opening night at Chance Theater for their new play, “Ride the Cyclone” and the Creative Edge lecture at the University of California, Irvine.
CITY MANAGER’S UPDATE: None
CONSENT CALENDAR: At 6:54 P.M., the Consent Calendar was considered with Council Member Diaz pulling Item No. 09 and Council Member Meeks pulling Item No. 11 for separate discussion and consideration.
Council Member Diaz reported a recusal from Item No. 11 due to a conflict of real property interest as his residence is within 500 feet of the property.
Mayor Pro Tem Rubalcava stated she would have also pulled Item No. 11. She added she would like to make comments on Item No. 10.
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 City Council Minutes of February 7, 2023
Member Meeks. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
1. Receive and file minutes of the Public Utilities Board meeting of December 21, 2022.
2. Approve recognition recognizing the 65th Anniversary of the Anaheim Public Library Bookmobile.
3. Accept the bids from F.S.O.C. LLC, Heritage Armory LLC, and Galls, LLC, in the combined amount of $235,099.60 plus applicable tax, for the purchase of 390 Ballistic Rifle Vests and accessories for the Police Department’s SWAT Division, in accordance with Bid #9627.
4. Approve agreements with ALTA Language Services, Inc. and Language Testing International, Inc., each in an amount not to exceed $350,000, to provide language proficiency testing services for bilingual City employees to demonstrate target language competency, for a three year period, with the option to extend up to two additional years; and authorize the Human Resources Director, or designee, to execute the agreements, renewal options, and related documents and to take the necessary actions to implement and administer the agreements.
5. Approve agreements with Occupational Health Centers of California, dba Concentra Medical Centers (Concentra) and Occu-Med, Ltd. and an agreement, in substantial form, with Southern California Permanente Medical Group, in an amount not to exceed $600,000 for Concentra and an amount not to exceed $500,000 each for Occu-Med, Ltd. and Southern California Permanente Medical Group, to provide medical services to comply with occupational health and medical standards, pre-employment medical evaluation services, and other employment medical services, each for a three year period, with the option to extend up to two additional years; authorize minimal changes that do not substantially modify the terms and conditions of the agreement with Southern California Permanente Medical Group, provided the changes are determined to be de minimis by the City Attorney’s Office; and authorize the Human Resources Director, or designee, to execute the agreements, renewal options, and related documents and to take the necessary actions to implement and administer the agreements.
6. Approve the Clean California Maintenance Agreement with the Department of Transportation under the “Clean California Beautification Program of 2021” which identifies specific mission- critical maintenance services to be performed on and around the State right of way within the City’s jurisdictional limits; determine that the projects to be performed under the agreement shall be categorically exempt under the California Environmental Quality Act, Section 15308 of Title 14 of the California Code of Regulations; authorize de minimis changes that do not substantially change the terms and conditions of the agreement, as determined by the City Attorney; and authorize the Director of Public Works to execute the agreement and to take the necessary actions to implement and administer the agreement.
7. Approve a License Agreement with the Anaheim Family YMCA for the free use of gymnasiums at the Downtown Anaheim Youth Center and West Anaheim Youth Center during specified use hours, and to rent the gymnasiums at a reduced rate of $30 per hour during scheduled hours when the facilities would normally be closed, for a period of five years with an option to renew for three additional one-year terms; and authorize the Director of Community Services, or designee, to execute the agreement and related documents and to take the necessary actions to implement and administer the agreement.
City Council Minutes of February 7, 2023
8. Approve a Professional Services Agreement (Agreement) with Spatial Wave, Inc., in an annual total amount not to exceed $75,000 with a 10% contingency, to upgrade software used for real-time water infrastructure maps, water outage notification and trace tool capabilities, related support and maintenance, additional software licenses, and as-needed professional services for a one year term with automatic annual renewals thereafter; approve a License Agreement (License) with Spatial Wave, Inc. which provides the scope of use for the software, data, web services, and documentation; and authorize the Public Utilities General Manager, or designees, to execute and deliver the Agreement, License, order forms, work orders, change orders, and related documents, and take the necessary, required, or advisable actions to implement, fund, and administer the Agreement and License.
10. RESOLUTION NO. 2023-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring support of the Iranian-American community and condemning the violence perpetrated by the government of Iran against its people, particularly women, girls, and students.
12. RESOLUTION NO. 2023-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant application on behalf of the City of Anaheim to the Federal Emergency Management Agency of the Department of Homeland Security for the Fiscal Year 2022 Assistance to Firefighters Grant Program (AFG) (grant funds in an amount not to exceed $85,000).
Amend the Fire & Rescue Department budget, in an amount not to exceed $85,000, for the fiscal year in which grant funds are awarded, if the grant application is successful.
13. ORDINANCE NO. 6552 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Chapter 15.03 and adding new Chapter 15.03 to Title 15 of the Anaheim Municipal Code pertaining to the California Building Standards Codes.
ORDINANCE NO. 6553 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing existing Chapter 16.08 and adding new Chapter 16.08 to Title 16 of the Anaheim Municipal Code pertaining to the California Fire Code.
Determine that the proposed ordinances are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that adoption of the ordinances may have a significant effect on the environment.
Authorize the City Clerk to schedule a public hearing regarding said ordinances and to publish notice of said public hearing pursuant to Section 50022.3 of the California Government Code (public hearing scheduled for March 7, 2023).
14. ORDINANCE NO. 6551 (ADOPTION) AN (UN-CODIFIED) ORDINANCE OF THE CITY OF ANAHEIM establishing the campaign contribution limit for the election cycle commencing January 1, 2023, pursuant to Anaheim Municipal Code Section 1.09.050 (campaign contribution limit increasing from $2,200 to $2,500; introduced at the City Council meeting of January 24, 2023, Item No. 9).
15. Approve minutes of the City Council meetings of September 13, 2022, September 27, 2022, and October 4, 2022.
City Council Minutes of February 7, 2023
16. Approve the Power Sales Agreement (Agreement) with the Southern California Public Power Authority for the Sapphire solar and energy storage project, in the approximated annual sum of $6,600,000 for a 20 year term; and authorize the Public Utilities General Manager, or designees, to execute and deliver the Agreement and related agreements, including collateral assignment agreements, power scheduling agreements, and scheduling coordinator agreements as well as certificates, opinions, disclosures, submittals, reports, filings, attestations, and any other related documents; incorporate amended Appendix Cs to the Agreement from time to time as a matter of administration; and take the necessary or advisable actions to implement and administer the Agreement.
Mr. Fabela stated this would be an appropriate time for Mayor Pro Tem Rubalcava to make her comments on Item No. 10 because it was not pulled for separate discussion.
Mayor Pro Tem Rubalcava thanked her colleagues for passing Item No. 10. She added the Resolution is made in solidarity with the Iranian community. She urged all residents to read the entire Resolution but highlighted its opening portion about the government’s violence against women, girls, and students in particular. She thanked the members of the Iranian community who spoke to the Council about the issues their community is facing, noting she has several friends within this community.
BUSINESS CALENDAR:
9. Approve the Power Sales Agreement (Agreement) with the Southern California Public Power Authority for the Sapphire solar and energy storage project, in the approximated annual sum of $6,600,000 for a 20 year term; and authorize the Public Utilities General Manager, or designees, to execute and deliver the Agreement and related agreements, including collateral assignment agreements, power scheduling agreements, and scheduling coordinator agreements as well as certificates, opinions, disclosures, submittals, reports, filings, attestations, and any other related documents; incorporate amended Appendix Cs to the Agreement from time to time as a matter of administration; and take the necessary or advisable actions to implement and administer the Agreement.
DISCUSSION: Council Member Diaz noted someone inquired at the last Council meeting about trash rates and added he had a constituent recently come up to him and ask about their rising water bill. He reported the State has set goals for cities for renewable energy but the challenge for the City is at night or when the wind does not blow. He clarified this Item is purchasing capacity to restore this unharnessed energy for times of very high usage. He added eventually rates may go up because it costs more to purchase renewable energy than natural gas energy.
MOTION: Council Member Diaz moved to approve the Power Sales Agreement (Agreement) with the Southern California Public Power Authority for the Sapphire solar and energy storage project, in the approximated annual sum of $6,600,000 for a 20 year term; and authorize the Public Utilities General Manager, or designees, to execute and deliver the Agreement and related agreements, including collateral assignment agreements, power scheduling agreements, and scheduling coordinator agreements as well as certificates, opinions, disclosures, submittals, reports, filings, attestations, and any other related documents; incorporate amended Appendix Cs to the Agreement from time to time as a matter of administration; and take the necessary or advisable actions to implement and administer the Agreement, seconded by Council Member Faessel. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0.
Motion carried.
City Council Minutes of February 7, 2023
11. RESOLUTION NO. 2023-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the application for the Bloomberg Philanthropies’ Public Art Challenge grant (temporarily convert the Anaheim Lodge located at 837 S. Beach Boulevard to an art incubator with artist studios known as the ART Lodge).
Council Member Diaz recused himself from Item No. 11 due to a real property interest as his residence is within 500 feet of the subject property and left the dais at 7:00 P.M.
DISCUSSION: Council Member Meeks noted there are concerns from neighbors about leaving the Anaheim Lodge in place and not adhering to the Beach Boulevard Specific Plan. She expressed her support of the Specific Plan and added her desire to ensure this temporary use of the site will run parallel to long-term redevelopment plans for the site. She added there should also be a wall behind the property to protect the neighborhood. She noted Ms. Tran has requested an eight-foot wall and, after discussing the matter with staff, it seems to be in progress. She noted the City would not hear back about the grant until the fall. She requested more information on redevelopment plans for the site regardless of whether or not the grant is approved and wanted to see an expedited timeline included in the Council’s approval of the item.
Planning and Building Director Ted White reported the item is a resolution in support of the City’s application for the Bloomberg Philanthropies Public Art Challenge Grant. He added the grant is for up to $1 million over two years specifically for temporary art installations to help cities partner with art institutions or artists to help elevate the creative sector when developing solutions to significant problems. He reported the application deadline is February 15th. He reported the City’s partnership would be with the Muzeo to support the adaptive reuse of the Anaheim Lodge as a temporary art incubator with a working name of the Anaheim ART Lodge.
Mr. White added activating the vacant building will help improve the security and safety of the property and surrounding properties. He added the plan is also designed to use art as a catalyst for improvements along Beach Boulevard by creating a community gathering space by inviting residents to enjoy a cultural arts destination. He added it would also grow neighborhood pride and optimism in the corridor’s future.
Mr. White added there are many details yet to come, but the staff’s vision is for the ART Lodge to include studios, artist spaces, indoor and outdoor art installations, and gathering spaces for community art events including both educational events and programs. He clarified there would be no residential use of the building under the proposal except for a full-time on-site property manager. He added the timeframe would be two years from the reward of the grant which aligns with the time needed for the design, permitting, and financing of a future housing development on the site. He clarified it is a temporary use and confirmed the motel will be demolished at the end of the project.
Mr. White reported the City has regularly heard frustrations from residents over the years about looking at vacant lots as housing plans develop. He reported staff believes this is a creative opportunity to be proactive and bring art to West Anaheim while long-term plans for the site are developed. He added increasing community engagement and involvement is integral to the grant application and noted staff will engage neighbors, the local art community, and school partners about how to best program the space to maximize the investment.
In response to Mayor Pro Tem Rubalcava’s inquiries, Mr. White confirmed the grant is for up to $1 million over two years. He stated staff is confident it can work within this budget to create something special. He added the building does not need a lot of work and the staff also does not want to put a lot of work into the structure because it will be demolished. He stated the building is occupiable and City Council Minutes of February 7, 2023
has not been condemned, correcting an earlier public speaker. He added it is a functional space and the staff does not anticipate needing a significant budget needed for renovations. He added the funds would be used mostly for operational, security, and upgrades to the facility to make it more inviting such as lighting, repainting, and landscaping.
Mr. White stated if the City does not get the grant, staff could either explore other funding or go in a different direction with the property.
In response to Mayor Pro Tem Rubalcava’s inquiry, Ms. Stepter clarified the Covered Wagon was demolished immediately because it was red-tagged due to the building being in an uninhabitable condition. She added it is a larger site and all of the units were vacant with the emptiness of the building allowing it to be immediately demolished. She reported the Anaheim Lodge conversely has long-term occupants who need to be relocated. She added the Covered Wagon demolition was paid for by the Anaheim Housing Authority and this funding is limited. She stated because the Anaheim Lodge’s condition is much better it provides an opportunity to roll the demolition and environmental costs into a request to the State for tax credits. She added the ultimate disposition of the site will be a hybrid one with some affordable housing units requiring State and federal grants. She added requesting the funds from the State allows the Housing Authority to utilize its funds to acquire other buildings instead.
In response to Mayor Pro Tem Rubalcava’s inquiry, Housing and Community Development Director Grace Stepter reported the City will remain responsible for property management on the site regardless of the grant. She added the City already pays for security on-site and a dedicated property manager. She clarified the Housing Authority’s commitment to security and property management is its match to the $1 million grant application. She noted there will be concerns with issues like a possible transient break-in of the facility which is part of the reasoning for and appeal of a bright and vibrant ART Lodge.
In response to Mayor Pro Tem Rubalcava’s inquiry, Ms. Stepter confirmed there is no plan to convert the hotel into housing units. She confirmed the plan is for a brand-new housing development on the site which will require the eventual demolition of the existing motel. She added buying some time with the ART Lodge would also allow the City to acquire more adjacent sites to create an even more meaningful new development combining affordable housing units and for-sale products.
In response to Council Member Kurtz’s inquiry, Mr. White confirmed none of the other work along Beach Boulevard will be delayed because of the ART Lodge. He added the City will work in parallel with site acquisitions, entitlements, design, and other components of getting the Anaheim Lodge site ready for development.
Mayor Aitken reported she likes discussing this project with staff for its creativity and the passion behind it. She wished the staff the best of luck with getting the grant. She noted Council Member Diaz has recused himself from this vote.
MOTION: Council Member Leon moved to approve the application for the Bloomberg Philanthropies’ Public Art Challenge grant (temporarily convert the Anaheim Lodge located at 837 S. Beach Boulevard to an art incubator with artist studios known as the ART Lodge), seconded by Council Member Meeks. ROLL CALL VOTE: AYES – 6 (Mayor Aitken and Council Members Rubalcava, Leon, Kurtz, Faessel, and Meeks; NOES – 0; ABSTAIN (Recusal) – 1 (Council Member Diaz). Motion carried.
Council Member Diaz returned to the dais at 7:15 P.M.
City Council Minutes of February 7, 2023
16. Discuss and consider possibly authorizing an increase of the not to exceed amount (currently at $750,000) for the JL Group, LLC and/or provide any other direction as to the continuing investigation of former Mayor Harry Sidhu and the City Council regarding campaign contributions and potentially related contractors and agreements, including 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.
City Mangar Jim Vanderpool reported on June 7, 2022, Council directed staff to seek proposals for an independent audit of campaign contributions and City contracts with a review of the proposals on June 21, 2022. He added the Council voted to conduct an independent review of campaign contributions, City contracts, undue influence, serial meetings, or issues with City staff focusing on former Mayor Sidhu and current and past Council Members since 2016. He reported the City received two submissions to its original Request for Qualifications (RFQ) with the RFQ being reposted to allow for more submissions, leading to a total of four by the new July 29, 2022, deadline. He reported on August 9, 2022, the Council selected JL Group, LLC for the independent investigation and retained retired Judge Clay Smith from Judicate West as the neutral administrator.
Mr. Vanderpool reported Judge Smith provided the Council with an update on October 25, 2022. He reported on December 22, 2022, staff notified Judge Smith that the not-to-exceed amount of $750,000 was approaching. He reported staff received a request to put this item before the Council for Council consideration. He reported of the $750,000, the City has spent about $559,000. He added a budget of $100,000 was earmarked for Judge Smith with staff spending about $42,000 to date.
Judge Clay Smith reported the first reason for the request is the JL Group could not have reasonably anticipated how complex and time-consuming the investigation has been. He noted the original estimation was 100 witnesses requiring an interview and found the number to be about double. He added there is a tremendous volume of electronic communications with JL Group in the process of reviewing about 700,000 emails.
Judge Smith added the second reason for the request is a constant effort to balance efficiency with completeness. He added they are very sensitive to the fact their effort is consuming public resources and are striving for maximum efficiency, but they also feel this is the opportunity to conduct a thorough investigation producing a definitive statement. He added these two priorities are in a constant state of balance with the balance often landing on the objective of completeness.
Judge Smith added his third point to make in this presentation is an acknowledgment that he, JL Group Principal Jeff Love, and JL Group Principal Jeff Johnson have carefully considered this request. He reported what they are asking for will be sufficient to complete the investigation both in terms of time and money. He confirmed this will not be the first in a series of requests to augment the budget after careful consideration. He added they expect this to be the only request for additional authorization.
DISCUSSION: Council Member Meeks stated she is always concerned with a change order doubling the cost of a project as a former Public Works Director where very specific bids are taken. She noted this contract is very general. She stated a proposal at this stage of their work should be more specifically documented leading to some discomfort for her. She stated she also wants a definitive statement but at the same time wants to ensure it is based on documented facts as opposed to hearsay.
In response to Council Member Meeks’ inquiry, Judge Smith clarified the generality of the request is not by accident. He noted JL Group regularly investigates public entities, but in his role as the neutral City Council Minutes of February 7, 2023
administrator his mission is to insulate the JL Group so no one can say the investigators were influenced, guided, or directed in any way by any outside influence including the City. He added for this reason they have not shared with anyone who they are interviewing to help maintain professionalism. He requested the Council allow the investigators to keep this information in-house until their work is completed. He assured her and the rest of the Council that at their very first meeting, they discussed the standards for the investigation with the understanding of what the final report says will affect people’s lives. He added they are committed to doing this at the highest possible standard of integrity with a desire to do the right thing for everyone involved. He added these internal standards mean they will not report anything they have been unable to substantiate. He added they have received many complaints about City events from people who have been set aside for this inability to substantiate them.
In response to Council Member Meeks’ inquiry, Judge Smith clarified the final report will include a complete history of the investigation.
In response to Council Member Meeks’ inquiries, Mr. Fabela clarified the previous Council voted on was once the report is completed it would be made public immediately. He stated whether or not the working files also become public is a matter of what is requested. He stated many of the working files will be a public record but there can probably be arguments made some of the evidence is not public record.
Council Member Meeks commended Judge Smith for his acknowledgment that they are dealing with people’s lives and pledging to ensure the items listed in their final report are factual and substantiated.
Judge Smith confirmed what will be in the report is information they were able to substantiate to a very high degree.
In response to Council Member Kurtz’s inquiries, Mr. Johnson reported several dozen interviews have been completed thus far. Judge Smith added those interviews have been prioritized so the lengthier interviews happened first. He added many interviews lower on the list will be shorter. Mr. Johnson stated they do not wish to provide an exact number of completed interviews. He added this case is unlike anything they have done in working with close to 90 municipalities. He stated they take their commitment to the City very seriously but added they could not have anticipated what they are seeing in terms of massive scope. He noted clarification on the scope is why they came to the Council on October 25, 2022, because the size of the scope is a challenge. He added they do not care how large or small the scope is so long as they understand it and can perform it. He noted some of the scope questions go back 20 years. He added they are trying to manage it and are getting there but reiterated it is larger than anything he has ever seen statewide. He added they do not come to the Council for more time and money lightly after making their best attempt initially to make a proper bid.
He added he and Mr. Love have agreed until they can guarantee they will come in under budget they will not charge the City for more than 20 hours a week of their personal time. He stated they believe in this project and added they are finding interesting things which will be valuable to the City to understand and resolve. He expressed confidence they will deliver a good product to the City.
In response to Council Member Kurtz’s inquiry, Judge Smith stated they cannot answer what the City would get if the Council does not vote to allow more time and money. Mr. Johnson added it would be a very incomplete investigation.
In response to Council Member Kurtz’s inquiry, Mr. Vanderpool stated if a contract with a contractor is not met the City would first see if it falls within a contingency, usually 10%. He added if the contract City Council Minutes of February 7, 2023
exceeds the contingency by a certain amount staff would return to the Council to get more funding which is what they are doing tonight.
In response to Mayor Pro Tem Rubalcava’s inquiry, Judge Smith reported at the original Council meeting where their work was approved and scope was provided. He reported JL Group found the scope difficult to work with because it was vague so they returned to the Council in October seeking clarity on the scope. He reported the Council did not provide any clear direction at the October meeting. He added in October he very specifically asked if the scope is limited to the Angel Stadium sale and the Council’s response was a clear and emphatic “no” because the scope should be broader to encompass the entire Sidhu era. He clarified the Angel Stadium sale is a centerpiece of the investigation but it is not limited to the sale. He added they are not going back beyond the Sidhu era to confine the investigation to what the media refers to as “the cabal.” He lamented how he cannot provide a more specific answer.
In response to Mayor Pro Tem Rubalcava’s inquiry, Mr. Love stated they came up with their interview list by first looking at the issues on a macro level to figure out who the important players would be. He added they have reached out to all of those people but noted many of them do not want to cooperate.
He noted they do not have subpoena power. He reported they have done the best they can to talk to people who have information touching on the concerns of the investigation. He added there are about 200 possible witnesses if they will cooperate. He noted some potential witnesses have attorneys whose objective of protecting their clients does not align with their objective of truth-finding. He added there are documents they may or may not have access to. He clarified they are trying to stay within the scope of the investigation but added the scope can be unwieldy at times. He added Judge Smith is very good about making them stay within their lane without letting important things fall by the wayside.
In response to Mayor Pro Tem Rubalcava’s inquiry, Mr. Love reported he spoke to Orange County District Attorney Todd Spitzer early on in the investigation. He clarified they would not personally file criminal complaints but rather make the recommendation to the City. He clarified he spoke with District Attorney Spitzer to inform him of the work they were about to begin, noting they have a long personal relationship. He added he also asked District Attorney Spitzer if there was anything he needed to know. He stated he did not want to probe whether or not the County is conducting its investigation. He noted their investigation is strictly administrative as they have no criminal authority, noting if they did they could subpoena witnesses, convene a Grand Jury, or file search warrants. He added they are not the arbiters, but added they have identified certain issues that could be criminal violations.
In response to Mayor Pro Tem Rubalcava’s inquiry, Mr. Love stated the FBI has shown its hand concerning their investigation through the arrest of former Chamber of Commerce Chief Executive Officer Todd Ament who has pled guilty. He added there may be more arrests coming. He added they have spoken to witnesses who have also been interviewed by the FBI. He stated he does not think the FBI’s work is over yet. He noted they have reached out to the FBI and members of their team have worked previously with FBI Agents assigned to this case in other investigations. He added there is an old local law enforcement saying that you tell the FBI everything and they tell you nothing. He confirmed they cannot interfere in the FBI’s investigation adding they would never want to. He relayed second-hand information the FBI’s work is not done yet but added he cannot speak to their activities as they are going about their business quietly.
In response to Mayor Pro Tem Rubalcava’s inquiry, Mr. Love clarified part of the scope of the investigation is to shape some recommendations for the City. He noted many of the recommendations are political questions. He added they will advise on part of fulfilling their tasks and City Council Minutes of February 7, 2023
part of the conclusion is to ask what sort of remedies could have prevented what happened or helped to prevent it. He added there will not be a cure-all for things they have either seen or suspected but there could be rules, procedures, or ordinances that would not run afoul of peoples’ rights and could be considered.
Council Member Diaz clarified they are not voting about this investigation. He recalled at the time he expressed his concerns about how broad the scope is. He stated it is not the JL Group’s fault this is taking so long and is so expensive because it is a gigantic scope of work for not being specific. He stated he will not vote “no” tonight for the selfish interests of wanting the investigation to confirm he is clear and he can sleep easy. He lamented how he feels like he is giving JL Group a blank check. He stated it is not coming from him but his colleagues could consider reducing the scope to save money.
He restated he is clear in terms of the investigation and added the idea of limiting the scope to save money is not coming from himself.
In response to Council Member Leon’s inquiries, Judge Smith stated there is no way to know if shortening time and money will alter conclusions from where they are currently. He added they have not made any final conclusions and based on what they have seen so far it is impossible to predict what they are going to learn over the next couple of months. He reported there were 700,000 emails provided to investigators by the City and they have been through a couple hundred thousand. He confirmed they are using software to help investigators search the emails for keywords with a highly- experienced investigator in charge of this aspect of the investigation. He added the software is particularly helpful in eliminating duplicated emails, such as one message copied to five people creating a total of six identical messages. Mr. Love added examining the emails is a daunting task in part because while software can scan text, no digital scanner can accurately pick up screen grabs or images included in the messages so a human has to examine those emails, noting it is a labor- intensive activity.
In response to Council Member Leon’s inquiries, Judge Smith clarified there are about 200 total people on their interview list, several dozen of which have already been interviewed. He stated they are confident and committed to completing the investigation at their high standard of integrity and completeness with the additional authorization requested.
In response to Council Member Leon’s inquiry, Mr. Vanderpool estimated there would be another month’s worth of funding available under the original do-not-exceed limit.
In response to Council Member Leon’s inquiry, Mr. Love stated the requested increase in time would lead to the completion of their investigation at the level Judge Smith described, including a complete and thorough report of findings.
In response to Council Member Leon’s inquiries, Mr. Love stated if they come across findings of criminal behavior the City would be informed. He added they would not go to the District Attorney’s office without the City’s approval. He stated when Council would be notified would be up to the City as sometimes investigations are best undertaken without a lot of disclosure so the evidence is not destroyed. He added ultimately the information would be disclosed.
Mayor Aitken acknowledged the vague nature of the scope and added they were charged with gathering a lot of information already publicly available such as campaign contributions to former Mayor Sidhu. She stated she has to be a good steward of the citizens’ money who has other things they would also like to see the City spend money on like expanded library hours and nicer parks. She noted $750,000 could pay for three more firefighters.
City Council Minutes of February 7, 2023
In response to Mayor Aitken’s inquiry, Mr. Love stated if they only work up to the do-not-exceed limit the final product would be an incomplete investigation. He expected doubts this is what the City wants. He noted in the RFP was an estimation of $1.5-2 million for this investigation but he estimated $750,000 before he saw a single document or learned many things which have wildly changed their perspective on the amount of work. He stated this investigation is not like building a road where you know exactly how long and wide it is. He stated there have been some surprises as the work progressed.
In response to Mayor Aitken’s inquiry, Mr. Love stated it would depend on how much the Council would want to narrow the scope and how much the costs would decrease. He added he could not estimate this because they would have to shift their focus to what the new scope entails. He also cautioned the work done on things now outside the scope would be wasted.
In response to Mayor Aitken’s inquiry, Mr. Johnson stated they do not know the FBI’s scope and added their scope is different. He clarified they are looking at similar things but not duplicating the FBI’s effort. He noted their focus is on political crimes and State violations. He stated it likely would not help the City to put the investigation on hold until the FBI’s is concluded. Judge Smith cautioned this comment would be intentionally vague but reported the investigators are not off in the weeds looking at things from 20 years ago. He added they are not looking at complaints around the City extraneous to the investigation. He reported meeting weekly with the investigative team and added all of their work is in the channel. He added what they are finding is very interesting, raises real concerns, and needs to be finished. He stated if the Council lets the investigators complete their job the Council will be glad they did because they will know what happened and have some valuable recommendations for public policy.
Council Member Meeks stated she was going to ask if they wait for the FBI investigation to conclude would the FBI be doing some of this work for them. She noted an earlier comment had her confused about whether or not the investigation was going back 20 years which did not match her understanding of the scope of just the Sidhu era. She noted the previous Council could have been unable to limit the scope because they are potentially involved in the investigation and were reluctant to weigh in on the subject.
In response to Council Member Meeks’ inquiry, Judge Smith stated they can return to Council in fairly short order with a proposed refined and narrow scope. He stated it is very difficult if not impossible to estimate how much less the investigation would cost with the refined scope. Mr. Johnson reported there was no agreement by the Council at the October 25, 2022, meeting when they specifically asked for a refined scope. He noted former Council Member Jose Moreno wanted to have the scope include some 2013 hotel deals and older elections where there was heavy Political Action Committee (PAC) spending. He added doing an investigation is not like manufacturing an item. He noted the interviews they have conducted for this investigation have been longer than their usual work because there is so much ground to cover. He stated it is hard to answer “what will $200,000 or $300,000 get the City” because they do not know how much they have yet to discover and there are always surprises. He added they could do their best to estimate a balance of reduced scope and cost but acknowledged they did not do a very good estimate on their first try. He added the Council can always investigate more or less than the current scope and he only requests the direction is clear so the City gets the product it wants.
Council Member Meeks stated she would like to see the investigators return to Council with, as a part of their scope of work, information on just what they are investigating.
City Council Minutes of February 7, 2023
In response to Council Member Meeks’ inquiry, Mr. Johnson clarified they are not halfway through because investigations do not flow at a consistent pace. He added often much of the work and action comes at the very end and it is much more complicated than saying they are halfway through the hours so they are halfway through an investigation. He reported they have honed in on their scope and address the parameters regularly with their staff. He stated the scope has been a challenge but they are up for it.
In response to Council Member Meeks’ inquiry, Mr. Johnson stated the investigation is honing in and they have a handle on it. He added the initial part of an investigation is figuring out what you have, who to talk to, and what to look at. He stated you start an investigation with a shovel and end up with a scalpel. He added their goal is to create a final product thorough enough to be fileable with the District Attorney if the City so chooses. He added they will talk to the District Attorney about things like filing standards to incorporate into their report.
Council Member Meeks suggested getting a proposed limited scope of work moving forward for the investigation. She stated the Council has to decide about the additional $750,000 and she would feel better about it knowing they are honing in on something specific and pondering what the extra money will buy the City.
Judge Smith agreed. He stated it is a fair request and they can do this.
Mayor Pro Tem Rubalcava stated she would also like to request this information. She noted with a new scope of work $750,000 may not be the appropriate number. She recognized the investigators are unsure precisely how much longer the work will take so it would be reckless of her to approve an investigation with an unclear scope. She requested they create almost a new RFP for the new Council with a very narrow scope of work. She added the Angel Stadium sale is the crux of the need for the investigation. She stated the City does not want a document full of gossip.
In response to Mr. Love’s inquiry, Mayor Pro Tem Rubalcava clarified she is proposing they narrowly tailor the scope of work based on findings to date and commentary from the Council tonight to come up with a new scope of work. She questioned if they wrote the scope of work or if the Council did.
Mr. Love clarified they would have loved to write the scope of work but were not afforded the luxury.
He added they used what the Council provided for them and tried their best to stay within the scope regarding particular people, entities, transactions, etc. He added they can always redefine the scope if this is the direction.
Mayor Pro Tem Rubalcava stated she would not be able to vote “yes” on this as presented as someone protecting taxpayer funds based on the lack of clarity they have been able to provide. She noted they do not know how long the investigation could go and they could return in the future looking for more money.
Judge Smith stated they have committed not to ask for any more after this. He added they are giving a definitive completion date of July 1.
Mayor Pro Tem Rubalcava moved to table the item until they can get a narrower scope of work and a new proposal.
Mr. Fabela stated tabling has a procedurally unique connotation. He suggested based upon the latter comments in the discussion a better motion might be to continue the item and direct JL Group to City Council Minutes of February 7, 2023
propose a more refined and narrow scope of work based on the investigation thus far and propose a dollar amount needed for the refined scope of work.
Mayor Pro Tem Rubalcava agreed this language captures what she is trying to say.
Council Member Meeks stated the next meeting is not until February 28th which provides an extra week than usual.
In response to Council Member Meeks’ inquiry, one of the members of the investigative team confirmed this is enough time to provide the requested information.
Mr. Fabela stated Council Member Meeks is making a friendly amendment to Mayor Pro Tem Rubalcava’s motion to continue by specifying the next meeting.
MOTION: Mayor Pro Tem Rubalcava moved to continue the item to February 28, 2023, and directed JL Group to return with a refined and narrow scope of work and updated cost information to reflect the refined scope of work, seconded by Council Member Meeks.
DISCUSSION: Council Member Leon agreed with Mayor Pro Tem Rubalcava’s comments about it being an impossible task when you do not know the scope of what you are investigating. He noted five of them were not on the Council when the scope was set and agreed with his peers they should narrow it down. He added there is still an ongoing FBI investigation and they should focus on a work product that will provide clarity with a narrower scope.
MOTION: Mayor Pro Tem Rubalcava moved to continue the item to February 28, 2023, and direct JL Group to return with a refined and narrow scope of work and updated cost information to reflect the refined scope of work, seconded by Council Member Meeks. ROLL CALL VOTE: AYES – 6 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, and Meeks); NOES – 0; ABSTAIN – 1 (Council Member Faessel). Motion carried
17. Consider approving conducting a review of the City’s Charter and direct staff to commence a Charter review process; direct staff to prepare a resolution outlining the i) selection and composition of a Charter Review Committee; ii) scope of work of such Committee, including potential areas of amendment to the Charter for committee review/recommendations; iii) and define a timeframe for delivery of a final report with the Committee’s recommendations, as directed by the City Council; and authorize staff to commence a process to select an expert with experience in facilitating Charter Reviews.
City Clerk Theresa Bass reported the item was requested by Council Member Leon at the December 22nd, 2022, meeting requesting the Council discuss a review of the City’s Charter. She reported the Charter was adopted in 1964 and approved in 1965. She reported there have been five Charter reviews with the most recent being in 2013 done by committees ranging from seven to 15 members.
She added in each instance the Council decided which committee-recommended amendments would be placed before the voters for approval.
Ms. Bass stated the item is to consider approval to conduct a review of the City’s Charter and direct staff to commence a Charter review process including direction on the creation and composition of a Charter Review Committee, the scope of the Committee, and time frame for delivery of its final report.
She reported, should the item be approved, a proposed timeline could begin with a resolution creating the Committee at the next meeting and flow through a Council decision by August 9, 2024, on which Charter amendments would appear on the November 2024 ballot.
City Council Minutes of February 7, 2023
DISCUSSION: In response to Council Member Faessel’s inquiries, Ms. Bass confirmed there has been no decision made about the Committee selection process, its size, or composition. She confirmed she has only presented what has been done in the past. She added in 2013 each of the five Council Members selected a Committee member with the other two remaining members appointed by the five Council-appointed Committee members. She confirmed there is no staff recommendation on how to form the Committee in terms of criteria or composition and added staff is seeking direction for this component.
Council Member Leon reported he asked for this item because it is an important issue for the community. He added the Charter should be reviewed regularly to ensure the City never gets to a point where it just needs to start over and rewrite the Charter. He stated a lot of things have happened in the 10 years since the Charter was last reviewed, citing the pandemic, investigation, changing technology, and districting. He stated, like the census, this should happen regularly to ensure the Charter is modernized and up to date to meet the City’s current state.
Council Member Leon noted there is a cost to this large undertaking and a significant time commitment from City staff. He added they can learn from other jurisdictions and also Anaheim’s 2013 process. He stated any proposed changes to the Charter must be placed on a General Election ballot so now is the time to get a well-planned process started to be ready for November 2024. He reported discussing the matter with staff the past few weeks to make the process as effective as possible. He agreed with Ms. Bass’ proposed timeline.
Council Member Leon stated he is open to suggestions but recommended a seven-person Committee with each Council Member and the Mayor being able to appoint one member. He added the appointees would be required to file a Form 700 for the sake of transparency.
Council Member Meeks stated the staff report is not specific enough under the proposal’s impact on the City’s budget. She stated this will be a very expensive proposition she cannot support at this time.
She noted the proposal calls for a consultant and meetings every two weeks in addition to staff time and the costs connected to the election. She stated the Council cannot consider this action with no knowledge of how much it will cost.
Council Member Meeks stated she would like to have a vision document and strategic plan and added this could require Charter amendments to incorporate. She questioned what the item is trying to accomplish when the City has more pressing needs for its cost. She noted some of the potential changes can be made much more easily through the Municipal Code. She reported most of the City’s historical Charter amendments were initiated by an identified need.
Council Member Faessel stated he has been active in the City for a long time and has never had a resident come up to him questioning the Charter. He noted it has been 10 years. He expressed ambivalence. He noted it is a lot of money and work. He requested more specifics from Council Member Leon regarding what he has in mind to help make him more supportive. He supported how the Committee was comprised in the past where there were a couple of at-large appointments. He endorsed a nine-member Committee if they plan to move ahead with the review.
Council Member Diaz echoed Council Member Faessel’s comments saying he has never had a resident complain to him about the Charter as opposed to matters like Beach Boulevard or the homeless.
In response to Council Member Diaz’s inquiry, Assistant City Manager Greg Garcia stated it would be difficult to come up with a proposed cost. Ms. Bass reported a consultant was paid $60,000 in 2013 and the 11 public meetings plus translation services averaged about $2,500 per meeting. She added the City spent about $8,000-9,000 on outreach efforts. She noted there would have also been a cost City Council Minutes of February 7, 2023
for staff time in 2013. She estimated the total 2013 cost at about $100,000-150,000. She added there is also a cost of $8,500 per ballot measure moving forward. Mr. Garcia noted consulting and outreach costs would be much higher today, reporting the entire process could cost as much as $500,000- 600,000 not including staff time.
Council Member Diaz stated he would rather put that much money towards homeless outreach or hiring additional City staff.
Council Member Kurtz noted pieces of the Charter may be outdated, citing the lack of references to districts.
In response to Council Member Kurtz’s inquiry, Mr. Fabela reported the Council can amend the Charter the way it can amend any other law requiring voter approval. He added there is no obligation to create a Charter Committee, adding it has been the City’s historical practice. Mr. Garcia added the Council can direct staff to review the Charter for simple removal of outdated language. He theorized a review on the level she suggested might not even require a consultant.
Mayor Pro Tem Rubalcava reported she has read the Charter and there is district language on page nine amended in 2016. She endorsed Council Member Leon’s recommendation of reviewing the Charter at some point. She expressed concerns about the wide scope of the request. She endorsed Council Member Meeks’ suggestion of doing this after a vision and strategic planning session so there are more specificities to target. She expressed concern about the costs and staff time. She added the Charter review should happen at a later date when they have a better idea of specific things they may want to amend, noting a lack of urgency with a goal date in 2024.
Council Member Faessel noted he attended at least half of the Charter review meetings in 2013 and the concept of splitting the City into districts was a subject of heavy debate and an impetus for starting the review process to begin with. He expressed shock at the high-cost estimates. He stated he would need to hear more specific targets for a review like districting in 2013. He added there is nothing of this level of consequence at the moment so far has he has heard.
Mayor Aitken reported she also attended several of the 2013 Charter review meetings. She noted many cities’ charters have it written into the Charter a requirement to review it every 10 years to ensure matters such as compliance with new State laws. She reported reviewing charters of other similarly-sized California cities and finding things Anaheim can change. She stated the process should be collaborative so it can happen without being as specific as Council Member Meeks is suggesting. She added she would also like to get input on potential changes from residents about their governing document.
Council Member Leon stated the item was presented broadly in the name of gathering Council feedback and collaboration on possible focus areas. He added he is starting the conversation now because the timeline is tighter than perceived due to the need for internal staff measures to prepare for the November 2024 ballot.
In response to Council Member Leon’s inquiry, Ms. Bass clarified August 9, 2024, is the deadline for the Council to act for an amendment to appear on the November 2024 ballot.
Council Member Leon added some of the gaps in the timeline are in anticipation of possibilities such as the Committee returning to Council with a large number of recommendations to consider. He stated part of the impetus for the review is in response to the investigations of the past year and also a need to modernize the Charter. He indicated staff has reported the Charter has a lot of older irrelevant language and it needs to be kept up to date. He reported the cities of Los Angeles, San City Council Minutes of February 7, 2023
Jose, and San Francisco have recently rewritten their charters. He noted there could be just small updates at this time, but he desires to not get to a point where due to lack of a regular review this project will be even more time-consuming and costly. He added they should also consider adding components relative to ethics, accountability, and transparency in light of the past year’s scandal.
In response to Council Member Leon’s inquiry, Mr. Fabela confirmed if the Committee makes recommendations not contradictory to the Charter the Council could pass them without having to take them to the voters.
Council Member Leon acknowledged a Charter review is not the most attractive item due to its cost component and the timing but added someone needs to be thinking about it. He noted part of his proposed process is community input. He added from a cost standpoint the lack of certainty anything recommended by the Committee would have to be placed on a ballot.
Council Member Diaz reported there will be a District 1 community services meeting tomorrow where he will see struggling business owners, renters who can barely pay their rent, and heart-breaking homeless situations. He stated he could not look these residents in the face tomorrow and said he voted to spend $750,000 on something which will not change any of their issues. He stated he cannot support the item due to the City’s very limited resources against its more-pressing needs.
Mayor Pro Tem Rubalcava reported the City Charter is easy to read from a legal document perspective. She stated she could not support a Charter review at this point. She added if there is something narrow to look at without requiring a complete overhaul she would support it, noting the provision about the sale of municipal property which is relevant to the City’s current situation. She stated she sees the value in the process but cannot support it right now because she would rather focus resources on matters such as homelessness. She noted the Council can also set some policies which will not require the formal process of amending the Charter. She encouraged her peers to read the Charter, noting she recently did it in just an hour. She reported the City’s Charter is not archaic, is straightforward, and is easy to understand unlike what can be found elsewhere. She cited campaign financing as a specific item they can discuss as a Council and potentially place on a ballot. She noted the lack of urgency is another reason why she cannot support this item.
In response to Mayor Pro Tem Rubalcava’s inquiry, Ms. Bass reported staff researched as part of this item recommendations from past Charter reviews, subsequent Council action, what later appeared on ballots, and where the Charter was amended. She confirmed she can share this document with the Council for historical background.
In response to Mayor Aitken’s inquiries, Ms. Bass confirmed she can research a more definitive cost estimate. She clarified there were two Committee meetings a month during the 2013 review process.
In response to Council Member Leon’s inquiries, Mr. Garcia confirmed the item is to direct staff to return to the Council with a resolution formally outlining the process which has been conceptually drafted by Ms. Bass. He added the resolution would finalize the timeline, Committee structure, and other related matters. He confirmed they can attempt to come up with a more concrete cost estimate, inclusive of staff hours.
MOTION: Council Member Leon moved to direct staff to prepare a resolution outlining the process for Council consideration at the next meeting.
DISCUSSION: Ms. Bass requested clarification of the motion and Council’s direction regarding the process.
City Council Minutes of February 7, 2023
MOTION: Council Member Leon moved to table the item allowing staff an opportunity to return with more specific cost numbers.
DISCUSSION: Mr. Fabela noted the term “tabling” has a specific meaning. He added his thought is Council Member Leon intends to continue the item until the next meeting. He provided a proper phrasing of Council Member Leon’s intents in the form of a motion.
Council Member Leon moved to continue the item to February 28, 2023, with instruction to staff to return with more detailed budget impact information, seconded by Mayor Aitken.
MOTION: Council Member Leon moved to continue the item to February 28, 2023, with instruction to staff to return with more detailed budget impact information, seconded by Mayor Aitken. ROLL CALL VOTE: AYES – 2 (Mayor Aitken and Council Member Leon); NOES – 4 (Council Members Rubalcava, Diaz, Faessel, and Meeks); ABSTAIN – 1 (Council Member Kurtz). Motion failed.
Mr. Fabela noted the motion was to continue which is a secondary motion and as such no motion has been made yet on the staff’s recommendation. He stated a motion could be made on the staff's recommendation. He added letting the item die without a formal vote would be an option, but he wanted to clarify for the Council before they move on that only a technical motion has been made so far.
DISCUSSION: Council Member Leon questioned if this would change any of the “no” votes.
Mayor Aitken noted they are talking about going through the vision statement process first.
In response to Mayor Aitken’s inquiries, Mr. Fabela confirmed if they let the item go they can bring it back at a later time. He added if it failed it would have to be six months before it can come back unless they made an exception to Council policy. He confirmed if they take no action it does not fail and someone would have to agendize the matter again.
MOTION: Council Member Meeks moved to deny the staff’s recommendation of the item, seconded by Council Member Diaz.
DISCUSSION: In response to Council Member Leon’s inquiries, Mr. Fabela confirmed his motion to continue failed. He added the current motion is to deny the staff’s recommendation meaning a “yes” vote means the item dies and cannot be brought back for six months. He confirmed voting “yes” means denial of the staff recommendation.
MOTION: Council Member Meeks moved to deny the staff’s recommendation of the item, seconded by Council Member Diaz. ROLL CALL VOTE: AYES – 5 (Mayor Pro Tem Rubalcava and Council Members Diaz, Kurtz, Faessel, and Meeks); NOES – 2 (Mayor Aitken and Council Member Leon).
Motion carried.
18. Consider establishing the Anaheim Tech Scholars Program (Program) to provide eligible high school students with a free laptop computer and internet access; and authorize the City Manager, or designees, to take the necessary actions to implement and administer the Program.
Mr. Garcia reported this item is to seek approval for the Anaheim Tech Scholars Program which would provide eligible high school students with a free laptop computer and internet access. He reported the item was requested by Council Member Leon at the January 24th meeting to discuss City Council Minutes of February 7, 2023
reestablishing this program. He added this program is based on a previous one that existed from 2006-10 and aimed at bridging the digital divide. He added, if approved, City staff will move forward with finalizing the program’s components including items such as timeline, eligibility requirements, the application process, size, outreach strategies, sponsorships, and the awards ceremony. He reported staff believes the application process could be finalized in time for the start of the next school year in the fall of 2023.
Mr. Garcia reported the program would be funded by private donations from local businesses and the Anaheim Community Foundation (ACF). He added an account has already been established at the ACF for the program which would be reactivated. He added staff does not anticipate needing General Fund dollars for the program.
DISCUSSION: Council Member Leon noted one thing the pandemic highlighted was a connectivity divide. He reported he was a recipient of this program in high school and noted how helpful it was in his household. He added many students today would benefit from a program like this. He added it would not be funded by the General Fund. He reported Supervisor Katrina Foley has expressed support in getting this program going along with other community partners. He encouraged his colleagues to support this program to benefit high school students.
Mayor Pro Tem Rubalcava stated her love for this initiative. She added she also has some ideas for how to pursue private dollars to help.
Council Member Meeks thanked Council Member Leon for bringing this forward. She acknowledged not being aware the original program had stopped but added the timing is perfect under the assumption temporary programs established during the pandemic are ending. She reported Spectrum Communications also offers a rebate program towards internet service.
Council Member Diaz stated this is an awesome idea. He returned to his previous comments about the District 1 community meeting tomorrow and added he can report this is an idea that makes sense and will benefit them. He thanked Council Member Leon for bringing the item forward.
Council Member Kurtz thanked Council Member Leon and lauded the program. She recalled the success of the previous program and noted recipients would have friends come over to study and take advantage of the internet access.
MOTION: Council Member Leon moved to approve establishing the Anaheim Tech Scholars Program (Program) to provide eligible high school students with a free laptop computer and internet access; and authorize the City Manager, or designees, to take the necessary actions to implement and administer the Program, seconded by Council Member Faessel. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Diaz, Leon, Rubalcava, Kurtz, Faessel, and Meeks); NOES – 0.
Motion carried
19. Consider (re)appointments to certain city Boards and Commission to serve terms ending December 31, 2026.
Community Services Board (1 appointment):
District 2 appointment: Mary Palafox Murillo (term ending December 31, 2026) City Council Minutes of February 7, 2023
NOMINATION: Council Member Leon nominated Mary Palafox Murillo. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES –
0. Nomination approved.
Cultural and Heritage Commission (1 appointment):
District 2 appointment: Alicia Jacinto (term ending December 31, 2026) NOMINATION: Council Member Leon nominated Alicia Jacinto. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0.
Nomination approved.
Parks and Recreation Commission (1 appointment):
District 2 appointment: Greg Martin (term ending December 31, 2026) NOMINATION: Council Member Leon nominated Greg Martin. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0.
Nomination approved.
REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non-agenda items): None
COUNCIL COMMUNICATIONS:
Council Member Faessel mentioned his attendance at the Mobile Family Resource Center at Edison Park. He highlighted an Orange County Register article covering aerospace manufacturer Solvay located in District 5. He recognized and congratulated John Dulebohn on his retirement from the Anaheim Public Utilities Department after 27 years of service. He also mentioned his attendance at a few events including a groundbreaking in Redlands on behalf of the Santa Ana River Conservancy and a tour of the Salvation Army’s Center of Hope.
COUNCIL AGENDA SETTING:
City Attorney Robert Fabela clarified the City Council’s policy on bringing forward items that were not approved by City Council until six months after the item was voted on. He stated that items could be brought back for City Council’s consideration within six months if the item received a second and third.
Mayor Pro Tem Rubalcava requested a recognition before May, for Anaheim resident Cruz Lopez Pinelli for her 100th birthday.
ADJOURNMENT:
At 9:39 P.M., Mayor Aitken adjourned the City Council in memory of Lucero Lopez, Alberto Vicente Lopez, Bill Snyder, and the victims of earthquakes in Turkey and Syria.
City Council Minutes of February 7, 2023
Respectfully submitted,
Theresa Bass, CMC
City Clerk