ANAHEIM CITY COUNCIL
REGULAR MEETING OF JULY 11, 2023
The regular meeting of July 11, 2023 was called to order at 4:32 p.m. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on July 6, 2023, with a revised agenda subsequently posted on July 8, 2023.
MEMBERS PRESENT: Mayor Aitken and Council Members Diaz, Leon, Faessel, and Meeks.
Mayor Pro Tem Rubalcava and Council Member Kurtz joined during Closed Session.
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 1:44 p.m., Mayor Aitken recessed to Closed Session for consideration of the following:
1. 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
At 5:02 p.m., Mayor Aitken reconvened the Anaheim City Council.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Rubalcava, Jose Diaz, Carlos A. Leon, Norma Campos Kurtz, Stephen Faessel, and Natalie Meeks.
INVOCATION: Chaplain Nathan Zug, Anaheim Police and Fire Prior to the flag salute, Council Member Diaz thanked Park Rangers, Code Enforcement Officers, Public Works, Public Utilities, Police Department, and Fire Department employees for providing round-the-clock service to the community.
FLAG SALUTE: Council Member Jose Diaz
At 5:04 P.M., Chair Aitken called the Successor Agency to the Anaheim Redevelopment Agency (in joint session with the City Council) to order.
ADDITIONS/DELETIONS TO THE AGENDA: None
ITEM # 25
City Council Minutes of July 11, 2023
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, City Clerk Theresa Bass provided an outline of procedures for public comments, notice of translation services, and a brief decorum.
City Clerk Theresa Bass reported 13 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 13 public comments were received electronically, distributed to the City Council, and made part of the official record]. – See Appendix.
Paul Hyek commented on Item No. 8 requesting additional medical services and staffing.
Mark Richard Daniels commented on the upcoming release of findings from the JL Group’s investigation and requesting full transparency. He offered the name of his preferred candidate for Chief of Police.
Jessie Norton commented on his experiences as a Cuban-American, his denial of entry to the Anaheim Convention Center due to his apparel, and stated his concerns regarding the persecution of Cubans for political protests in their country.
Cecilia Flores commented on the proposed development of a charter school citing concerns related to negative traffic and noise impacts on the adjacent neighborhoods.
Wes Jones commented expressing concern with meeting participation protocols and requesting full transparency in the release of findings from the JL Group’s investigation.
Mike Robbins commented requesting full transparency in the release of findings from the JL Group’s investigation.
Jeanine Robbins commented expressing concerns with Mayor Pro Tem Rubalcava’s alleged inquiries and comments regarding the findings from the JL Group’s investigation.
Marc Herbert commented expressing concerns that the vote on the budget did not include funding for potential pay raises for expiring labor contracts, funding to cover impacts of large-scale emergencies, and that it funded park capital improvement projects, but did not fund additional affordable housing.
Len Beckman commented requesting the City fund a memorial for Margaret and Carl Karcher and expressed concerns regarding affordable housing, and requesting memorials dedicated to the individuals who were instrumental in Anaheim’s growth.
Bryan Kaye commented expressing concerns regarding actions taken by the Anaheim Police Department.
Card #3428 commented requesting additional murals throughout the City to increase revenues and inviting the community to celebrate Indigenous Peoples Day.
Card #3429 commented requesting an opportunity for the public to comment on the work of the various City Commissions and allegations of misconduct by the Police Review Board.
Vern Nelson commented requesting the City Council vote to minimize redactions in the report with the findings from the JL Group’s investigation.
City Council Minutes of July 11, 2023
Donna Acevedo-Nelson commented expressing concerns regarding allegations of actions taken by the Anaheim Police Department and Police Review Board.
Andrew Campuzano commented requesting the City Council and community join in his efforts to restore sashes at Anaheim school graduations.
Kenneth Batiste commented stating his personal faith beliefs and requesting additional homeless and affordable housing opportunities for underserved communities.
Cynthia Ward commented expressing concerns regarding a short-term rental operator in the Anaheim Colony Historic District, citing ongoing violations and negative impacts to adjacent neighbors.
Jim Collison commented expressing concerns regarding a proposed Airbnb, citing ongoing violations and negative impacts to adjacent neighbors.
Cecil Jordan Corkern commented expressing concerns regarding actions by Disney and also commenting on his personal faith beliefs.
COUNCIL COMMUNICATIONS:
Council Member Leon reported that in collaboration with Senator Tom Umberg’s Office, they hosted a Community Health and Resource Fair at Savanna High School and thanked City staff for their work and efforts. They were able to provide 35 dental screenings, 67 vision screenings, 118 pairs of glasses, 250 food boxes were distributed, over 100 individuals were able to renew their SNAP and EBT benefits, over 50 mammograms were performed, and there were over 500 attendees throughout the day. In total, an estimated $31,000 of free services were provided. He thanked the Public Utilities team for reaching out to different landlords and building owners in District 2 so that they could participate in the City’s Dusk-to-Dawn Lighting program and for looking into installing additional streetlights. Council Member Leon congratulated the Community Services Department for a successful Fourth of July 5k and parade and Project S.A.Y. (Support Anaheim’s Youth) students from Brookhurst Jr. High and Savanna High School for their assistance. He thanked Congressman Lou Correa and his team for establishing an Agriculture and Nutrition Task Force and hosting a roundtable discussion at Gilbert High School to address priorities for the community in the upcoming Farm Bill reauthorization.
Council Member Kurtz highlighted Ganahl Lumber and the Anaheim Tennis Center. She noted that residents could make reservations to play tennis or pickleball at the Anaheim Tennis Center. Council Member Kurtz referenced the airplane at Boysen Park and noted that the cleanup for the contamination has begun and should be finished in early August. She invited everyone to visit the Mermaid Tea Time and Storytime event at Euclid Library in the Children’s area and noted it is a unique experience for all. She noted there are always special events at the library.
Council Member Diaz highlighted KokoDeck, a Japanese restaurant located at 2966 W. Ball Road, and invited everyone to visit the restaurant for their delicious food and great customer service.
Council Member Faessel requested the meeting close in remembrance of Leonard Burt Chapman, an Anaheim High School graduate and former City of Anaheim employee; and Robert Brunette a 50 year Anaheim resident who served in the Navy during the Vietnam War. He congratulated Robert Gomes who recently retired from the City of Anaheim, Community Services Department. Council Member Faessel shared that he attended the Fire and Rescue Pinning Ceremony and the Anaheim Hills Fourth of July Parade. He stated he felt honored to be a guest speaker at the Kiwanis Key Club City Council Minutes of July 11, 2023
International Convention, and shared that all the young students were very engaged and had a lot of spirit. Council Member Faessel shared that his Council Aide attended the Slurpee with a Cop event earlier in the day.
Mayor Pro Tem Rubalcava thanked Assembly Member Avelino Valencia for funds allocated for the City of Anaheim ($1 million for Northgate Store No. 1, $1.5 million for the Mobile Family Resource Center, $300,000 for the Haskett Branch Library). Mayor Pro Tem Rubalcava wished District 3 resident Bobby Olea a happy 42nd birthday and wished him well on the one-year anniversary of his liver transplant. She thanked Public Utilities General Manager Dukku Lee and his team for hosting the inaugural Bright Girls Program in partnership with Project S.A.Y. (Support Anaheim’s Youth) and Higher Ground Youth and Family Services for local junior high school students to engage in science, technology, engineering, and math (STEM) careers.
Mayor Aitken thanked the Association of California Cities Orange County (ACC-OC) for hosting the SMART Cities Quarterly Dinner to help cities become smarter and greener through technology. She thanked the Community Services Department, Anaheim Sporn, and Joe Perez for a wonderful Fourth of July Parade. Mayor Aitken thanked Public Utilities General Manager Dukku Lee for giving her a ride in a lineman’s electrical bucket. She shared it was a first for her and noted that the ride gave her a new respect for how high lineman go up to fix power lines. Mayor Aitken thanked Attorney General Rob Bonta for attending the Orange County Asian American Bar Association Annual Installation Dinner celebrating Asian American members of the Bar. She thanked YMCA for inviting her to give a brief “State of the City” at their monthly board meeting.
CITY MANAGER’S UPDATE:
Assistant City Manager Greg Garcia noted that the City Attorney’s Office received a draft report from the JL Group on July 4 and received the final report on July 10. Per previous City Council direction and in cooperation with the JL Group, only one designated employee from the City Attorney’s Office and outside counsel have access to the report. They are currently reviewing the report and making the appropriate redactions in anticipation of its public release. Since Council has previously stated the desire to have the report released to the public, staff anticipates bringing an item to the next Council meeting to further discuss the release of the report to the community. Assistant City Manager Garcia thanked Assembly Member Avelino Valencia and Assembly Member Sharon Quirk-Silva for the Haskett Branch Library, Mobile Family Resource Center, and Northgate Store No. 1 funds. He thanked Joe Perez, Brian Chwan, Nathan Bowman, Maureen Richardson, and all staff who helped make the Fourth of July event amazing. He mentioned that a new play structure was installed at Betsy Ross Park and it looks fantastic.
At 6:17 p.m., Mayor Aitken recessed the Anaheim City Council to address the Successor Agency to the Anaheim Redevelopment Agency agenda and reconvened the City Council at 6:18 p.m.
CONSENT CALENDAR: At 6:18 p.m., the Consent Calendar was considered with Council Member Kurtz pulling Item No. 8.
MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar, seconded by Council Member Meeks. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Diaz, Leon, Rubalcava, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
City Council Minutes of July 11, 2023
3. Approve recognitions recognizing Jillian Albayati for her achievements on the Anaheim High School baseball team, Mama Cozza’s Italian Restaurant on the occasion of the restaurant’s 58th Anniversary, and the month of September 2023 as Service Club Month.
4. While preserving the City’s legal rights, authorize the Director of Public Works to vote in favor of the assessment proposed by the Board of the Santiago Geologic Hazard Abatement District, by signing and submitting the official ballot which allocates approximately 12.5% of the proposed assessment of $306,800 to the City [$39,135.66 for Fiscal Year 2023/24 subject to CPI increases thereafter].
5. Award the contract to the lowest responsible bidder, ACE Capital Engineering, in the amount of $189,950.83, for the Santa Ana Canyon Road South Slope Repair and Storm Drainage Improvements East of Lakeview Avenue Project; authorize the Director of Public Works to execute the Contract and related documents, and to take the necessary actions to implement and administer the Contract; determine that the Project is categorically exempt from the California Environmental Quality Act pursuant to Class 3, Section 15303 (d) (New Construction) of Title 14 of the California Code of Regulations; and authorize the Director of Finance to execute the Escrow Agreement pertaining to contract retentions.
6. Approve Agreements with six temporary employment service agencies, each with a compensation amount not to exceed $125,000 per contract year, to provide contract labor services for the Cleaner Set-Up Worker position at the Anaheim Convention Center on a non- exclusive basis to supplement the Convention Center’s existing labor force through June 30, 2026, each with one optional two-year term; authorize the Executive Director of the Convention, Sports & Entertainment Department to execute related documents and to take the necessary actions to implement and administer the agreements and execute any optional renewals [Cloud Personnel LLC; Culinary Staffing of America, Inc.; Gary D. Nelson Associates, Inc.; Health Advocates Network, Inc.; Kimco Staffing Services, Inc.; and S4 Global Solutions LLC dba Hospitality Services Group].
7. Approve the First Amendment to Professional Services Agreement with Michael Baker International, Inc., amending the schedule of compensation and increasing the maximum compensation from an amount not to exceed $25,000 to $50,000, for on-call project management and related consulting services; and authorize the Director of Housing and Community Development Department, or designee, to execute and administer the amended agreement.
9. Approve minutes of the City Council meetings of April 4, 2023 and April 18, 2023.
BUSINESS CALENDAR:
8. Approve the Second Amendment to Agreement for Emergency Shelter Security with Lyons Security Service, Inc. for security services at The Salvation Army emergency shelter and surrounding area to extend the term of the Agreement by one year to July 13, 2024; increase the compensation for the Agreement by $1,367,283, and an additional $150,000 per year for any additional needed security services; and authorize the Housing and Community Development Director to execute the amendment as well as any subsequent amendments or City Council Minutes of July 11, 2023
documents necessary for the continuation or clarification of security services at The Salvation Army emergency shelter and surrounding area, provided they are approved by the City Attorney and do not increase the total compensation.
DISCUSSION: In response to Council Member Kurtz, Director of Housing and Community Development Grace Ruiz-Stepter clarified “surrounding area" encompasses the area from Ball Road to Cerritos Avenue. Director Ruiz-Stepter noted Lyons Security works with the surrounding businesses and mentioned the increased need for security due to the pandemic. She added due to the closure of the La Mesa shelter, the number of individuals increased from 224 to 325, with no change to staffing for Lyons Security. She noted the contract presented will add an additional staff member which would transfer a security guard from another site to the shelter.
Council Member Kurtz confirmed surrounding businesses have been provided with contact information for Lyons Security. She requested clarification on the contact for businesses if they have issues with responsiveness.
Director Ruiz-Stepter confirmed businesses can contact the Housing and Community Development Department for concerns regarding security responsiveness.
Council Member Faessel praised Lyons Security and inquired about including security for the railroad underpass.
MOTION: Council Member Kurtz moved to approve the Second Amendment to Agreement for Emergency Shelter Security with Lyons Security Service, Inc. for security services at The Salvation Army emergency shelter and surrounding area to extend the term of the Agreement by one year to July 13, 2024; increase the compensation for the Agreement by $1,367,283, and an additional $150,000 per year for any additional needed security services; and authorize the Housing and Community Development Director to execute the amendment as well as any subsequent amendments or documents necessary for the continuation or clarification of security services at The Salvation Army emergency shelter and surrounding area, provided they are approved by the City Attorney and do not increase the total compensation., 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.
10. RESOLUTION NO. ___2023-062_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending and restating the procedures and rules of order for the conduct of City Council meetings [removing the second Council Communications section immediately preceding Council Agenda Setting, and other minor revisions].
Mayor Aitken stated she requested this item to update the City Council’s rules of order to remove the second Council Communications section from the agenda.
MOTION: Council Member Meeks moved to approve RESOLUTION NO. ___2023-062_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending and restating the procedures and rules of order for the conduct of City Council meetings [removing the second Council Communications section immediately preceding Council Agenda Setting, and other minor revisions], seconded by Council Member Kurtz.
DISCUSSION: Council Member Diaz expressed support for removing the second Council Communications section. He received clarification from Mayor Aitken that the Council Agenda Setting will not be removed from the agenda.
City Council Minutes of July 11, 2023
MOTION: Council Member Meeks moved to approve RESOLUTION NO. ___2023-062_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending and restating the procedures and rules of order for the conduct of City Council meetings [removing the second Council Communications section immediately preceding Council Agenda Setting, and other minor revisions], seconded by Council Member Kurtz. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Diaz, Leon, Rubalcava, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
11. Mayoral appointments to the Youth Commission to an unexpired term ending August 31, 2023.
Youth Commission
Mayoral appointment: Jasmin Nguyen (term ending August 31, 2023) (Unscheduled vacancy)
Mayor Aitken nominated Jasmin Nguyen from District 5. She provided a brief background on Ms.
Nguyen and noted her concerns about lighting and public safety in the community.
NOMINATION: Mayor Aitken nominated Jasmin Nguyen. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried. Nomination approved.
Mayoral appointment: Gabriel Lopez (term ending August 31, 2023) (Unscheduled vacancy)
Mayor Aitken nominated Gabriel Lopez. She provided a brief background on Mr. Lopez and noted he wishes to address school dress code concerns.
NOMINATION: Mayor Aitken nominated Gabriel Lopez. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried. Nomination approved.
12. Receive report on salary survey for Chief of Police classification and consider approving either of the following resolutions:
A. RESOLUTION NO. _______2023-063__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting an amendment to Appendix A of the Personnel Rules and Policies for Non-Represented Full-Time and Part-Time Employees establishing rates of compensation for certain classifications designated as Non- Represented Full-Time [amending the salary range for the classification of Chief of Police with a maximum salary of $317,407].
OR
City Council Minutes of July 11, 2023
B. RESOLUTION NO. ________________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting an amendment to Appendix A of the Personnel Rules and Policies for Non-Represented Full-Time and Part-Time Employees establishing rates of compensation for certain classifications designated as Non- Represented Full-Time [amending the salary range for the classification of Chief of Police with a maximum salary of $340,000].
DISCUSSION: Mayor Pro Tem Rubalcava thanked the Human Resources Department for conducting the salary survey. She noted the City is sixth amongst the surveyed cities for Chief of Police salaries.
She requested support from her Council colleagues to increase the compensation for the incoming Chief of Police. She expressed support for the first recommendation to increase the salary range to a maximum salary of $317,407. She added the new compensation range will provide the City Manager an opportunity to negotiate a fair salary for the incoming Chief.
Council Member Meeks expressed support for the first recommendation. She noted this process is the start of conducting a Citywide salary study to address compensation compaction issues.
Council Member Kurtz expressed support for the first recommendation. She requested a review of the Fire Chief’s salary.
Assistant City Manager Garcia confirmed the Fire Chief’s salary would be included in the Classification and Compensation study.
In response to Council Member Kurtz, Acting Human Resources Gretchen Beatty reported the survey can take 12 to 18 months to complete. She noted the department anticipates the process to begin in a few months.
Council Member Kurtz inquired if the process could be completed sooner.
Assistance City Manager Garcia noted he would follow up with Council Member Kurtz for further discussion on the timeline.
Mayor Pro Tem Rubalcava read an email she received from a District 3 resident regarding public safety concerns. She noted the importance of a competitive salary for the Chief of Police due to increasing crime.
MOTION: Council Member Meeks moved to approve RESOLUTION NO. _______2023-063___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting an amendment to Appendix A of the Personnel Rules and Policies for Non-Represented Full-Time and Part-Time Employees establishing rates of compensation for certain classifications designated as Non- Represented Full-Time [amending the salary range for the classification of Chief of Police with a maximum salary of $317,407].
DISCUSSION: Council Member Diaz expressed support for the first recommendation. He explained the proposed salary provides compaction with the Deputy Police Chief’s salary. He recommended waiting to conduct a Citywide salary study. He recommended prioritizing the review of other staff salaries prior to considering salary reviews for the Executive Team.
City Council Minutes of July 11, 2023
In response to Council Member Leon, Acting Director Beatty noted salary ranges increased in July 2022 with the approval of a resolution that was not part of a salary study. She noted there is no record of a previous salary study. She noted the approved resolution included a 3% salary increase for City employees.
In response to Council Member Leon, Acting Director Beatty stated there was an 11% increase to the Chief of Police salary from the current range to the proposed maximum. Acting Director Beatty confirmed the salary for the incoming Chief would be negotiated between the City Manager and the candidate. Council Member Leon noted his support for the increased salary, however, reiterated Council Member Diaz’s comments regarding a Citywide salary study. Acting Director Beatty confirmed the salary range would become effective July 21, 2023.
Council Member Meeks supported Council Member Diaz’s comments regarding a Citywide salary study for all employees. She requested an accelerated timeline for the study to provide a fair opportunity to all employees for salary adjustments or reclassification.
MOTION: Council Member Meeks moved to approve RESOLUTION NO. ____2023-063 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting an amendment to Appendix A of the Personnel Rules and Policies for Non-Represented Full-Time and Part-Time Employees establishing rates of compensation for certain classifications designated as Non- Represented Full-Time [amending the salary range for the classification of Chief of Police with a maximum salary of $317,407], 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.
REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non-agenda items): None
COUNCIL COMMUNICATIONS: None
COUNCIL AGENDA SETTING:
Council Member Diaz stated that he values privacy and requested that staff reach out to Ms. Acevedo-Nelson to address her public comment regarding the City using a photo of her family during a Police Review Board presentation on gangs.
Mayor Pro Tem Rubalcava requested the following agenda items: an audit/update regarding Republic Services, an update on the City’s Classification and Compensation Study, an item regarding sending an unredacted version of the JL Group report to the Attorney General’s Office, an overview of the Anaheim Community Foundation and how they operate and their affiliation with the City, and an audit/overview of the City’s Worker’s Compensation policy regarding payments for outside counsel, claims that are denied.
Assistant City Manager Garcia clarified the overview of Republic Services can be provided to the Council as a memo and can come forward as a presentation to the City Council in August.
He requested that the update on the City’s Classification and Compensation study be provided via a memo to the Council. He noted staff are in the process of selecting finalists to conduct the study. He reported an agenda item will be presented at the next City Council City Council Minutes of July 11, 2023
meeting regarding the JL Group report. He stated he could meet with Mayor Pro Tem Rubalcava to discuss Worker’s Compensation.
Mayor Aitken recommended an overview of the Classification and Compensation Study by the vendor selected through the RFP process.
Assistant City Manager Garcia confirmed the contract for the Classification and Compensation Study will be brought forward for City Council approval.
ADJOURNMENT:
At 6:44 P.M., Mayor Aitken adjourned the City Council meeting in memory of Leonard Burt Chapman and Robert Brunette.
Respectfully submitted,
Theresa Bass, CMC
City Clerk