ANAHEIM CITY COUNCIL
REGULAR MEETING OF JULY 18, 2023
Pursuant to Government Code Section 54953, Subdivision (b), the regular meeting included teleconference participation by Mayor Ashleigh E. Aitken from Loews Regency New York, hotel lobby, 540 Park Avenue, New York, NY 10065. This Notice and Agenda were posted at the teleconference location. Public comment on the agenda from this address was allowed pursuant to Government Code Section 54954.3.
The regular meeting of July 18, 2023 was called to order at 4:01 p.m. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related material were duly posted on July 13, 2023, with a revised agenda subsequently posted on July 14, 2023.
MEMBERS PRESENT: Mayor Pro Tem Rubalcava and Council Members Diaz, Leon, Kurtz, Faessel, and Meeks. Mayor Aitken (via teleconference).
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: No in-person speakers and no public comments from the teleconference location. No electronic public comments were received related to the Closed Session agenda.
CLOSED SESSION: At 4:01 p.m., Mayor Pro Tem Rubalcava 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 Section 54956.9:
One potential case
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Barbara Standley, Adalgisa Jones, and Veronica Chavez, as Proponents of the Initiative v. Theresa Bass; in her official capacity as the City Clerk of Anaheim; and Bob Page, in his official capacity as the Registrar of Voters for the County of Orange, Orange County Superior Court Case No. 30-2023-01335599-CU-WM-CJC
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of the California Government Code Section 54956.9): One potential case (A copy of the claim against the City is included in the agenda packet and available for review by contacting the City Clerk’s Office and on-line electronically with the agenda at:
www.anaheim.net/councilagendas.)
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Lopez et al. v. City of Anaheim, et al., USDC Case No. 8:22-cv-01351- JVS (ADSx)
ITEM # 21
City Council Minutes of July 18, 2023
5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Gaetz et al. v. City of Anaheim, et al., USDC Case No. 5:23-cv-01368
6. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Gretchen R. Beatty, Deputy Human Resources Director
Name of Employee Organization: International Brotherhood of Electrical Workers (IBEW), Local 47; and IBEW, Local 47 Part-Time Customer Service Employees; International Brotherhood of Electrical Workers, Local 47 (Professional Management and Part-Time Management Units)
At 5:15 p.m., Mayor Pro Tem Rubalcava reconvened the Anaheim City Council.
INVOCATION: Pastor Michael Ceballos, Team Jesus
FLAG SALUTE: Council Member Carlos A. Leon
PRESENTATIONS: Recognize recipients of the Anaheim Public Utilities Scholarship Program Mayor Pro Tem Rubalcava noted the scholarship program is an opportunity for high school seniors pursuing a degree in Science, Technology, Engineering, and Mathematics (STEM). She described the application process and reported the winners receive $5,000 in scholarship funds and a paid summer internship with Anaheim Public Utilities. She introduced Public Utilities General Services Officer Melinda Avelino-Walker and Housing and Community Development Workforce Development Manager Marco Lucero to introduce the recipients and provide background on the program. Ms.
Walker introduced Vincent Lu (University of California, Irvine), Nathan Jimenez (University of California, Berkeley), and Tristan Lim (University of California, Los Angeles). The last recipient Elise Huynh (University of California, Irvine) was unable to attend.
Presentation by CalOptima Health and Orange County Social Services Agency Regarding Medi-Cal Enrollment and Re-Enrollment for Anaheim Residents CalOptima Health Chief Executive Officer, Michael Hunn introduced himself and County of Orange Social Services Agency Director, An Tran and reported the presentation will cover the renewal process for individuals with Medi-Cal insurance. He highlighted CalOptima’s Health Mission and provided examples of individuals eligible to receive Medi-Cal. He reported that CalOptima insures 990,000 individuals in Orange County. The organization established in 1994, has a $4 billion budget, funded by 90% State tax revenues and 10% by Federal funds. The insurance provided is organized health care through a network of contracts with providers. He noted that CalOptima is a separate public agency and not a division of the County of Orange. He detailed the offerings provided including CalOptima Health Medi-Cal for people at 138% of the federal poverty level, OneCare which combines Medi-Cal and Medicare for seniors, and PACE a program of All-Inclusive Care for the Elderly. Mr.
Hunn noted CalOptima insures 46% of all Anaheim residents. He highlighted new initiatives including street medicine which provides urgent care to individuals on the street and California Advancing and Innovating Medi-Cal (CalAIM) benefits. Social Services Agency Director An Tran detailed the Medi- Cal Renewal process including updating contact information online through BenefitsCal.com, via telephone at 1-800-281-9799, or in person at Social Services Agency Regional Offices; creating or checking individual’s online account, checking renewal dates, and making updates on City Council Minutes of July 18, 2023
BenefitsCal.com. He provided additional information regarding checking mail regarding automatic renewal letters and renewal forms; and completing the renewal form online, by phone, in person, or by mail. Mr. Tran noted the importance of acting as soon as possible, no later than 60 days. He provided resources to residents including the phone number for CalOptima Health Customer Service (1-888-587-8088) and County of Orange Social Services phone number (1-800-281-9799) and the website BenefitsCal.com. Mr. Hunn showcased a prior community event and detailed CalOptima’s collaboration with the Social Services Agency for Medi-Cal renewals. An event will be held at Ponderosa Park on July 29th from 10 a.m. to 2 p.m. for Medi-Cal renewals. He applauded the City and City Council for the invitation to present along with Mr. Tran. He provided resources and potential courses of action to distribute the information presented to the public.
Mayor Pro Tem Rubalcava requested that her Council colleagues consider distributing the information to the public. She noted the City’s Chief Communications Officer created a toolkit to provide the information to Anaheim residents. She thanked Mr. Hunn and Mr. Tran for presenting.
Senior Citizen Commission Presentation
Senior Citizen Commission Chairwoman Janet Brown provided information on the Senior Citizen commissioners including Vice-Chair Denise Barnes and Commissioners Victor P. Real, Kandee Beas, Frances Noteboom, and Steve Brio. Chairwoman Brown detailed the commission’s structure and detailed the commission’s goals to advise the City Council on the needs of Anaheim seniors and ensure aging residents have access to opportunities. She noted the City has the largest percentage of residents over 65 years of age in Orange County. She highlighted past activities including navigating challenges brought on by the COVID-19 Pandemic and partnerships with other agencies and departments to assist seniors. She detailed current activities such as increasing the frequency of Commission meetings, updating senior webpages and expanding information, and continuing research on issues affecting Anaheim seniors. Chairwoman Brown recommended the City Council consider developing a Citywide Active Older Adult Strategic Plan and address service levels to meet the needs of the aging population in Anaheim. She thanked Community Services Superintendent, Community Services Supervisor Maureen Richardson, and staff for their support. She acknowledged the City Council and the City for increased funding for older adult programs in the FY 2022/23 budget.
Council Member Diaz highlighted and thanked Commissioner Victor Real for his service in the Marines and his continued community involvement. He stressed the importance of increasing services to senior citizens.
Council Member Meeks thanked the Commission and highlighted that the City is undergoing a Strategic Plan process.
Council Member Kurtz thanked the Commission for their work and highlighted the increased services due to increased funding.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing August 2023, as American Muslim Appreciation and Awareness Month
Hadir Azab, Council on American-Islamic Relations (CAIR) LA Policy & Advocacy Coordinator accepted the proclamation for American Muslim Appreciation and Awareness Month. She acknowledged the importance of the recognition to highlight diversity and the importance of inclusion in society. She expressed gratitude to the Anaheim City Council for their support.
City Council Minutes of July 18, 2023
Recognizing August 2023, as Chicano Heritage Month
Tony Flores, League of United Latin American Citizens (LULAC) Council 3300 President accepted the proclamation and provided additional information on LULAC and their mission. He thanked the City Council for the recognition and highlighted the progress in civil rights since the 1960’s.
ADDITIONS/DELETIONS TO THE AGENDA:
City Clerk Theresa Bass noted that Item No. 17, the District 2 Sister City Commission appointment has been continued to a later date.
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 a total of 11 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 11 public comments were received electronically, distributed to the City Council, and made part of the official record]. – See Appendix.
Janis Heckel commented on Item No. 2, providing an update on the Anaheim Community Foundation’s work and services.
Tina Riley commented on Item No. 16 expressing support for the City Council’s adoption of the resolution in opposition to the initiative measure.
Cathy Dutton commented on Item No. 16 noting her email correspondence citing her stance on the item and expressing support for the appointment of Rick Armendariz as the Anaheim Police Chief.
Samantha Marquez commented on Item No. 16 expressing support for the City Council’s adoption of the resolution in opposition to the initiative measure.
Mike Robbins commented on Item No. 3 expressing concerns regarding the legal costs to the City for actions taken by the City Council, expressing support for additional homeless services, and requesting the release of the JL Group’s report in an unredacted format.
Fred Sigala, Jr. commented on Item No. 3 expressing concerns regarding conduct by Mayor Pro Tem Rubalcava during the investigation process and requesting the City Council admonish the Mayor Pro Tem accordingly.
Mark R. Daniels commented on Item No. 16 expressing that the City Council should remove themselves from the special election process.
Cindy Smith commented on Item No. 16 expressing support for the City Council’s adoption of the resolution in opposition to the initiative measure.
Aida Garcia commented requesting the City Council take action regarding impacts on mobile home owners, requesting the adoption of a rent stabilization ordinance, and cited impacts of homelessness on the mobile home community. She requested periodic visits to the mobile home community to combat homeless issues.
City Council Minutes of July 18, 2023
In response to Council Member Meeks, Mayor Pro Tem Rubalcava clarified the location was Rancho La Paz.
Kelly Laimana commented on Item No. 16 expressing support for the City Council’s adoption of the resolution in opposition to the initiative measure.
Donna Acevedo-Nelson commented on Item No. 2 expressing concerns regarding actions taken by the Anaheim Police Department and the increase in the compensation for the Chief of Police.
Kenneth Batiste commented on Item No. 2 noting the poverty divide in the Country and requesting additional services and rent control for underserved Anaheim communities, and expressed concerns regarding Rancho La Paz.
Mayor Aitken reported no public comments on agenda items from the teleconference location.
Cecil Jordan Corkern commented citing actions by Donald Trump, expressing concerns with actions taken by Disney, and expressing his personal faith beliefs.
Linda Newby invited the City Council and community to the 60th anniversary of the Central Library Building.
Bryan Kaye commented citing his recent meeting with Mayor Pro Tem Rubalcava and expressing concerns regarding actions taken by the Anaheim Police Department.
Mazatl Tecpatl Tepehyolotzin requested the City take an inclusive approach by removing offensive mascots and expressing concerns regarding the historic treatment of local indigenous peoples.
Art Castillo expressed concerns regarding previous actions taken by the City during his employment and requesting clarification as to his termination.
Marc Herbert commented expressing concern regarding his submission of written correspondence to the Planning Commission with suggestions for affordable housing, summarizing the Planning Commission meeting process, and requesting the status of the Fire Station 12 project.
Len Beckman thanked the City Council for their service, sharing his perspective on historic events in Anaheim, and requesting compassion for residents and impacts to their lives, especially children who are victims of crime.
Joel Yesowitch requested assistance related to alleged code violations at his current residence.
Vern Nelson expressed concerns regarding actions taken by Disney and previous City Councils related to alleged subsidies.
Mayor Aitken reported no general public comments from the teleconference location.
City Council Minutes of July 18, 2023
COUNCIL COMMUNICATIONS:
Council Member Faessel requested the meeting adjourn in memory of his longtime friend and Anaheim resident Richard (Dick) Wolsfelt. He shared that he received a preview of the floats for the Anaheim Halloween Parade and participated in the Anaheim Fire and Rescue Fire Opts 101 program to learn more about firefighting and the challenges that firefighters face.
Council Member Kurtz displayed a photograph of the building at the corner of Anaheim Boulevard and Ball Road and shared that the building is currently being demolished and there will be 8.8 acres of land for development. She thanked the Economic Development Department for allowing the Fire and Rescue Department to use the building for training and noted that next month the City Council will be receiving information regarding a request for proposal for the site.
Council Member Diaz highlighted and displayed photographs of Premium Barbers Barbershop and shared that the young first-generation barbers at the barbershop work hard, and have fair prices. He encouraged everyone to support small businesses.
Council Member Leon extended an invitation to everyone for the Back to School Bash at James Madison Elementary School on Saturday, August 12, 2023 from 10 a.m. to 2 p.m. There will be fun games, activities, resources, health services, and a backpack and school supplies giveaway. The event is open to elementary, junior high and high school students and their families. He attended a non-profit forum hosted by Assembly Woman Sharon Quirk-Silva in District 2 at Gilbert High School where a number of different non-profit organizations that do good in the community were in attendance. Attendees were able to learn about resources, grants, and information available. Council Member Leon thanked Anaheim Fire and Rescue for organizing the Fire Opts 101 training. He shared that he was able to put himself in the shoes of the first responders and now has a better appreciation for first responders. Council Member Leon highlighted and displayed photographs of La Herradura Western Wear the July business of the month and noted that this is an immigrant small family-owned business off Euclid. He shared that the owners Sylvia and Emilio Jaime’s are from Zacatecas and Michoacán. There is an obvious sense of pride when entering the shop and there is high quality clothing and accessories. He encouraged everyone to stop by the shop and check it out. Council Member Leon also highlighted and displayed photographs of Mamma Cozza’s the July restaurant of the month. Frank Cozza Senior, who was also an Anaheim Police Department officer, opened the restaurant in 1965 and his legacy continues with the next generation of the Cozza family. The restaurant serves good pizza and food and offers a warm and family-friendly hospitality. He thanked the entire Cozza family for their hard work, dedication, and vision that has made the restaurant an integral part of the community for 58 years.
CITY MANAGER’S UPDATE: None
CONSENT CALENDAR: At 7:13 p.m., the Consent Calendar was considered with Council Member Diaz pulling Item No. 3 and Council Member Meeks pulling Item No. 2 for separate discussion and consideration.
MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each City Council Member, seconded by Council Member Leon.
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 July 18, 2023
1. Receive and file minutes of the Library Board meeting of June 12, 2023 and the Public Utilities Board meeting of May 24, 2023.
4. Authorize the Police Department to implement a hiring incentive program to attract qualified police officer candidates through June 30, 2024, in the estimated amount of $750,000.
5. Approve the tenant relocation services cost of $1,725,000 and facility improvement design cost of $300,000 for a total cost of $2,025,000 for a certain property for use by the Anaheim Police Department and the Public Works Department to secure police evidence, city vehicle storage, and equipment; and authorize the City Manager, or designee, to establish an escrow account for relocation services and to manage the facility improvement design contracts.
6. Authorize the Purchasing Agent to take necessary actions to process the payment to R.J.
Noble Company, in the amount of $272,280.56, for providing asphalt concrete materials and dumping services for expenses incurred above existing contract limits due to unanticipated volume of maintenance projects.
7. Accept the bid from American Equipment, in the amount of $56,250 plus a 20% contingency, to perform repairs for cranes and hoists on an as-needed basis for a one year period with four optional one-year renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9670.
8. Accept the bid of Pricon, Inc., in the amount of $401,365.60 plus applicable tax, for the purchase of Aruba wireless & ClearPass equipment for use by the Information Services Division to upgrade the current legacy wireless network system in accordance with Bid #9700.
9. Accept the bid from Bound Tree Medical, LLC, in the amount of $105,571.56 plus applicable tax and a 25% contingency, for the purchase of pharmaceutical supplies for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9690.
10. Waive the competitive proposal requirements of Council Policy 4.1 and approve the Second Amendment to Agreement, in substantial form, with Backdraft OPCO, LLC dba Emergency Reporting, in an amount not to exceed $67,512.60, extending the contract term by one year for a Fire Records Management System; authorize de minimis changes to the Amendment that do not substantially change the terms and conditions as determined by the City Attorney’s Office; and authorize the Fire Chief, or designee, to execute and administer the amendment.
11. Waive the competitive proposal requirements of Council Policy 4.1 and approve an agreement with Jonathan Price Design, in an amount not to exceed $40,000 annually, for graphic design services for a one year term with two one-year optional renewals; and authorize the City Manager, or designee, to execute any related documents and to administer the agreement.
12. Approve a Professional Services Agreement (Agreement) with American Global Security, Inc., in an amount not to exceed $375,000 per year, to provide unarmed security services at one or more Anaheim Public Utilities facilities for a three year term with up to two one-year extensions; and authorize the Public Utilities General Manager, or designees, to execute and deliver the Agreement and related documents and to take the necessary actions to implement, fund, and administer the Agreement.
City Council Minutes of July 18, 2023
13. Approve an agreement with Valiant Global Defense Services, Inc., in an amount not to exceed $2,553,812, for intelligence analyst services for a one year period with up to four one-year optional renewals, with a total contract not to exceed amount of $13,532,005, with costs reimbursed by the Urban Areas Security Initiative (UASI) grant funding; and authorize the Chief of Police to execute any amendments or renewal options under the terms and conditions of the agreement.
14. RESOLUTION NO. 2023-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2023/24 Cannabis Tax Fund Grant Program, authorizing the Chief of Police, or his designee, to execute all required grant documents, and increasing the budget for the Fiscal Year 2023/24 accordingly (grant funds in the amount of $131,800).
15. RESOLUTION NO. 2023-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to order discontinuance of Water Reduction Plan II and to order implementation of Water Reduction Plan I pursuant to Chapter 10.18 of the Anaheim Municipal Code (lowering of Water Reduction Plan to Level I in response to increased water supplies).
BUSINESS CALENDAR:
2. Approve the appointment made by the City Manager of Rick Armendariz to the position of Chief of Police, effective August 18, 2023, approve the associated employment agreement, and authorize the City Manager to execute the agreement.
DISCUSSION: Council Member Meeks invited new Chief of Police Rick P. Armendariz forward to be recognized. She expressed delight regarding the Chief’s history with the City.
Mayor Pro Tem Rubalcava requested an overview of the recruitment process and selection.
City Manager Vanderpool reported following the retirement of the former Chief of Police, the City contracted with Bob Murray and Associates to conduct a nationwide executive search. The consultant conducted community meetings, stakeholder discussions, and separate meetings with representatives of bargaining units representing Anaheim Police Department employees. He added pursuant to the City Charter he is appointing Deputy Chief Rick Armendariz as Chief of Police. He provided background on Chief Armendariz’s 18-year law enforcement career, education, and certifications. The appointment would commence on August 18, 2023.
Council Member Kurtz congratulated Chief Armendariz.
Council Member Diaz congratulated Chief Armendariz.
MOTION: Council Member Diaz moved to approve the appointment made by the City Manager of Rick Armendariz to the position of Chief of Police, effective August 18, 2023, approve the associated employment agreement, and authorize the City Manager to execute the agreement.
DISCUSSION: Council Member Faessel recalled his service with Chief Armendariz on the Anaheim Community Foundation Board. He noted Chief Armendariz’s empathy and patience with the community and congratulated him on the appointment.
City Council Minutes of July 18, 2023
Council Member Leon echoed the comments of his Council colleagues. He congratulated Chief Armendariz and looks forward to working with him.
Mayor Aitken congratulated Chief Armendariz and expressed excitement to work with the Chief to improve public safety in the City. She thanked the City Manager’s Office for their work on the national recruitment process.
Mayor Pro Tem Rubalcava recognized the men and women who attended to support Chief Armendariz. She highlighted the importance of the Chief of Police position and thanked Chief Armendariz’s quick response to increased crime in District 3 and his support to the community.
Prior to the vote, City Clerk Bass announced pursuant to Government Code Section §54953 the appointment of the Chief of Police at a salary of $310,648 and all benefits as provided in the employment agreement in the publicly noticed agenda packet and on the City’s website.
MOTION: Council Member Diaz moved to approve the appointment made by the City Manager of Rick Armendariz to the position of Chief of Police, effective August 18, 2023, approve the associated employment agreement, and authorize the City Manager to execute the agreement, seconded by Council Member Meeks. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
Following the vote, Chief Armendariz expressed appreciation for the support of his family, colleagues, friends, and the community. He thanked the City Manager, Mayor, Mayor Pro Tem, and the City Council for their trust in his appointment. He expressed his commitment to the Anaheim community and his excitement to serve with his peers. He highlighted his commitment to the Anaheim Police Department staff to ensure each person receives the best training, guidance, and equipment to succeed. He thanked his family for their endless support.
3. Waive the attorney-client privilege that currently attaches to the investigation report prepared by JL Group, LLC (“JL Group”) so that a redacted report can be prepared for public release; and waive the attorney-client privilege for the specific and limited purpose of allowing the California Attorney General and the Federal Bureau of Investigation access to a confidential unredacted copy of the JL Group report.
DISCUSSION: Council Member Diaz referenced a public comment received requesting a full release of the JL Group report without redactions pursuant to the California Public Records Act.
In response to Council Member Diaz, Chief Assistant City Attorney Kristin Pelletier reported the redacted information is subject to attorney-client privilege which can only be waived by the City Council. She emphasized the action presented to the City Council is to waive the release of the redacted report. She advised redactions also included private employee information. She noted the investigators and outside counsel recommended the redactions to protect employees' privacy.
Council Member Diaz requested additional information on the waiver of attorney-client privilege.
Chief Assistant City Attorney Pelletier clarified the waiver is for the report to be released including redactions for underlying privileges. She referred to the City Council’s previous direction to prepare a redacted report, however, it did not include the waiver to release the report publicly. She clarified the item was brought back to formally authorize the release of the redacted report.
City Council Minutes of July 18, 2023
Council Member Diaz emphasized he and his Council colleagues have not seen the report.
In response to Council Member Meeks, Chief Assistant City Attorney Pelletier clarified the action from the previous Council did not include consideration for information protected by privacy laws.
In response to Council Member Faessel, Chief Assistant City Attorney Pelletier noted the City Council approved the release of the unredacted report to the Orange County District Attorney (OCDA) in February. She clarified the request to release the report to the California Attorney General and Federal Bureau of Investigation (FBI) is to grant them the same access as the OCDA.
In response to Council Member Leon, Chief Assistant City Attorney Pelletier clarified the two actions before the City Council. The first is to waive the privilege that is attached to the entirety of the report to allow the release of the redacted report to the public. The second is to release an unredacted report to the California Attorney General’s Office and the FBI.
Council Member Leon expressed support for releasing the report to the FBI and Attorney General’s Office. He requested additional information on a timeline for the release of the redacted report. Chief Assistant City Attorney Kristin Pelletier explained the redacted report would be available closer to the end of the month.
In response to Council Member Leon, Chief Assistant City Attorney Pelletier responded herself, Director of Human Resources Linda Andal, Special Counsel Scott Tiedemann, and the District Attorney have received the report. She noted the City Council would receive the unredacted report at the same time as the release of the public report. She noted the reason for the timeline is to exhibit that the City Council is not involved in determining which elements of the report are redacted.
MOTION: Council Member Meeks moved to waive the attorney-client privilege that currently attaches to the investigation report prepared by JL Group, LLC (“JL Group”) so that a redacted report can be prepared for public release; and waive the attorney-client privilege for the specific and limited purpose of allowing the California Attorney General and the Federal Bureau of Investigation access to a confidential unredacted copy of the JL Group report, seconded by Council Member Leon. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.
16. RESOLUTION NO. 2023-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM opposing Measure A (Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative Ordinance) submitted to the voters of Anaheim at a Special Municipal Election to be held on Tuesday, October 3, 2023.
DISCUSSION: Council Member Meeks highlighted the importance of the City Council’s opinion on the matter. She cited economic impact concerns as mentioned in the economic study report as a result of the initiative measure as written.
Mayor Pro Tem Rubalcava outlined the impacts on the City should the initiative become effective including decreased funding for essential services.
Council Member Diaz emphasized the economic impacts to the City’s economy as a result of the initiative measure.
City Council Minutes of July 18, 2023
MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2023-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM opposing Measure A (Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative Ordinance) submitted to the voters of Anaheim at a Special Municipal Election to be held on Tuesday, October 3, 2023.
DISCUSSION: Council Member Kurtz emphasized the importance of increasing senior services, which would be jeopardized if the City experiences revenue losses. She emphasized local government does not have jurisdiction over business operations. She announced her support of the item.
Council Member Leon echoed his comments from the June 13th City Council meeting on the need for the City Council to provide unbiased, impartial, and factual information to the public related to the measure.
Mayor Aitken echoed Council Member Leon’s comments and expressed concerns over the City Council taking a position on the initiative measure.
Mayor Pro Tem Rubalcava cited the Council Member’s responsibilities to make informed decisions on behalf of their constituents. She highlighted her support for the item.
Council Member Meeks explained while working with the City Attorney on the item, she was mindful of providing factual information to residents.
Mayor Aitken clarified her comments were not toward the nature or veracity of the information provided in the resolution.
MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2023-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM opposing Measure A (Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative Ordinance) submitted to the voters of Anaheim at a Special Municipal Election to be held on Tuesday, October 3, 2023, seconded by Council Member Meeks. ROLL CALL VOTE: AYES – 5 (Mayor Pro Tem Rubalcava and Council Members Diaz, Kurtz, Faessel, and Meeks); NOES – 0; ABSTAIN - 2 (Mayor Aitken and Council Member Leon). Motion carried.
17. District 2 appointments to the Senior Citizen Commission and Sister City Commission to terms ending December 31, 2026.
Senior Citizen Commission
District 2 appointment _____Sue Baltazar (term ending December 31, 2026) NOMINATION: Council Member Leon nominated Sue Baltazar. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Diaz, Leon, Rubalcava, Kurtz, Faessel, and Meeks); NOES – 0.
Motion carried. Nomination approved.
Sister City Commission
District 2 appointment (term ending December 31, 2026)
District 2 appointment continued to a later date.
City Council Minutes of July 18, 2023
At 7:47 p.m., the City Council recessed to Closed Session.
At 9:37 p.m., Mayor Pro Tem Rubalcava reconvened the Anaheim City Council.
REPORT ON CLOSED SESSION ACTIONS: City Attorney Robert Fabela announced that the City Council authorized the initiation of receivership litigation for Closed Session Item No. 1.
PUBLIC COMMENTS (non-agenda items): None
COUNCIL AGENDA SETTING:
Council Member Leon requested a retirement recognition for California Highway Patrol Officer Tyrone Bennett and a recognition for Linbrook Bowl for their 65-year anniversary.
Mayor Pro Tem Rubalcava requested a review and discussion of the Youth Commission and recommendations to eliminate the Brown Act requirement for their meetings.
City Attorney Fabela noted the City Council created the Commission which made it subject to the requirements of the Brown Act.
ADJOURNMENT:
At 9:42 P.M., Mayor Pro Tem Rubalcava adjourned the City Council meeting in memory of Richard (Dick) Wolsfelt.
Respectfully submitted,
Theresa Bass, CMC
City Clerk