Anaheim City Council
March 19, 2024

ANAHEIM CITY COUNCIL
REGULAR MEETING OF AUGUST 15, 2023
The regular meeting of August 15, 2023 was called to order at 3:31 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 August 10, 2023.

MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Jose Diaz, Carlos A.

Leon, Norma Campos Kurtz, Stephen Faessel, and Natalie Meeks.

Mayor Pro Tem Natalie Rubalcava joined during Closed Session.

STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION:

City Clerk Theresa Bass announced that Closed Session Item No. 2 was withdrawn from the Closed Session agenda.

PUBLIC COMMENTS ON CLOSED SESSION ITEMS:

City Clerk Bass reported that no electronic public comments on the Closed Session agenda were received prior to 1:00 p.m.

Sandy Lozeau commented on Item No. 4 requesting the City Council provide additional authority to the City’s negotiating team to address compensation and personnel work policy issues.

Fred Barvarz commented on Item No. 4 requesting the City Council address employee compensation and compaction concerns.

Shelly Russell commented on Item No. 4 requesting the City Council address employee compensation and personnel work policy concerns.

Adrian Romero commented on Item No. 4 requesting the City Council address employee compensation and personnel work policy concerns.

George Kline commented on Item No. 4 requesting the City Council address employee compensation and personnel work policy concerns.

Jonathan Heffernan commented on Item No. 4 requesting the City Council address employee compensation and personnel work policy concerns.

Nick Burki commented on Item No. 4 requesting the City Council address employee compensation and personnel work policy concerns.

ITEM # 19
City Council Minutes of August 15, 2023

CLOSED SESSION: At 3:53 p.m., Mayor Aitken recessed to Closed Session for consideration of the following:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Thomas Fielder v. City of Anaheim, Orange County Superior Court Case No. 30- 2022-01268974 CU-WM-CJC

2. 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 [Closed Session Item No. 2 withdrawn]

3. 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 Organizations: International Brotherhood of Electrical Workers (IBEW), Local 47; IBEW, Local 47 Part-Time Customer Service Employees; IBEW, Local 47 Professional Management Unit; and IBEW, Local 47 Part-Time Management Unit

4. 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 Organizations: American Federation of State, County and Municipal Employees (AFSCME), Local 2002 General Management Unit; AFSCME, Local 2002 Professional/Technical Management Unit; and AFSCME, Local 2002 Confidential Unit At 5:29 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, Norma Campos Kurtz, Stephen Faessel, and Natalie Meeks
INVOCATION: Pastor Charles Vermeulen, Kindred Church
FLAG SALUTE: Council Member Norma Campos Kurtz
PRESENTATIONS:

Recognizing El Pollo Fino’s 40th Anniversary of conducting business in Anaheim
Accepted by El Pollo Fino’s owner, Roberto Hernandez, Sr. and El Pollo Fino’s manager, Roberto Hernandez Jr. Mayor Aitken highlighted the restaurant’s 40-year history in the City. The restaurant was recognized for its charbroiled chicken, authentic Mexican cuisine, and their prior history of being voted “Best Hole in the Wall” restaurant by OC Weekly. Mr. Hernandez, Sr. continues to visit the restaurant every day, which continues to be managed by his family.

Recognizing Anaheim resident Jillian Albayati for her athletic accomplishments Accepted by Jillian Albayati, who made history as the first female to pitch in a CIF championship game and was named the Orange County Register’s Female Athlete of the Year for the 2021-22 City Council Minutes of August 15, 2023

season after compiling a 12-0 pitching record and leading her team to their first CIF final since 1980.

Ms. Albayati is a graduate of Anaheim High School and now plays softball for California State University, San Marcos. She also played on the US National Women’s Softball team for two seasons in a row.

Presentation by the Orange County Water District regarding an update on district activities
Presented by Jason S. Dadakis, Executive Director of Water Quality and Technical Resources, Orange County Water District (District). Mr. Dadakis provided a summary of the authority and work of the District which includes managing the Orange County groundwater basin and protection of the County’s rights to the Santa Ana River. He highlighted the District’s facilities and equipment. He reported on major projects and initiatives, including stormwater capture, sustainable storage capacity, groundwater replenishment system, recycling of all the reclaimable wastewater from the Orange County Sanitation District, and leading efforts to research new and innovative ways to address water regulations in a cost-effective manner, well restoration, collaborative efforts with the city and the Riverwalk project, including potential public access to trails.

Mayor Aitken confirmed with staff that the District’s presentation will be posted on the City’s website.

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

Recognizing September 2023, as Childhood Cancer Awareness Month Recognizing September 2023, as World Alzheimer’s Awareness Month Kristen Maas Kohlberg, an advocate at Alzheimer's Orange County, thanked the City Council for the recognition of September as World Alzheimer's Awareness Month. She noted the more than 164,000 Orange County residents and over 55 million people worldwide living with Alzheimer's disease or another form of dementia. Since 1982, Alzheimer's Orange County has been the county's largest local nonprofit organization dedicated to providing free education, support and advocacy to people and families living with memory loss. She provided information packets to the City.

Mayor Aitken confirmed the work performed by the organization as she previously served on their Board of Directors.

Recognizing September 8 – 17, 2023, as Welcoming Week
At 5:47 p.m., Mayor Aitken called the Anaheim Housing Authority to order (in joint session with the City Council).

ADDITIONS/DELETIONS TO THE AGENDAS: None
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 Bass reported that a total of 15 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 15 public comments were received electronically, distributed to the City Council, and made part of the official record]. – See Appendix.

City Council Minutes of August 15, 2023

Mark Richard Daniels commented on Item Nos. 24, 25, 26, and 27 suggesting the City Council adopt the recommendations from the JL Group report and calling for the resignation of the current City Manager and City Attorney.

Bob Donelson commented on Item No. 24 requesting audits of the funds directed to Visit Anaheim and the Chamber of Commerce and calling for the resignation of three members of the City Council.

Duane Roberts commented on Item No. 27 stating that the Mayor should not be exempted from providing access to meeting calendars and other records related to business meetings. He cited his requests for public records and the responses to those requests.

Wes Jones commented on Item Nos. 26 and 27 expressing concern regarding the nature of certain campaign contributions to members of the City Council, suggested there be an entity to enforce the provisions of the lobbying ordinance, supported the posting of the Council Members' calendars on the City’s website, encouraged the District Attorney to investigate “pay-to-play” powers still in effect, and requested that items over a certain dollar threshold not be placed on the consent calendar.

Mike Robbins commented on Item No. 23 stating residents should not tolerate any actions that compromise the integrity of our government and any officials implicated in corruption should resign their positions.

Jeanine Robbins commented on Item No. 23 expressing support for transparency in Anaheim and calling for accountability from any officials listed in the recent audit report.

Vern Nelson commented on Item No. 24 expressing support for the audit of funds which were misdirected to inappropriate entities and calling for accountability from City officials.

Victoria Michaels commented on Item No. 23 noting she has read the majority of the JL Group report and called on City officials to consider whether they should resign.

Cynthia Ward commented on Item Nos. 25, 26, and 27 expressing support for implementing the suggested changes to improve transparency and trust in the City’s leadership.

Fernando Delgado commented on Item No. 24 requesting the members of the City Council inform residents as to their plans to restore public trust and transparency in Anaheim’s government, cut ties with certain agencies, enact campaign finance reform, and provide meeting videos in Spanish and English.

Kenneth Batiste commented on Item No. 27 expressing concerns with members of the City Council not providing proper oversight on business items and ensuring the truth about City business is disclosed.

Ruben Soto commented on his experience dealing with the impacts of drugs and other situations that have negative outcomes in people’s lives.

Cecil Jordan Corkern commented on traffic controls in the City and alleged illegal activities taken by Disney.

Nahla Kayali commented by providing information concerning the grand opening of Access California Services and thanked the City Council and City staff for their assistance. She invited the City Council, staff, and community members to attend.

City Council Minutes of August 15, 2023

Leticia Bermejo expressed her disappointment with the Anaheim Police Department related to matters concerning an incident involving her son.

Mayor Aitken requested the Deputy Police Chief speak with Ms. Bermejo to provide assistance related to her concerns.

Luis Alonso expressed concerns with the deceptive actions taken by City officials and called for their resignation.

Marco A. Barrera (translation: Spanish) commented expressing concerns with the deceptive actions taken by City officials and noting his recent police report regarding a physical attack against his person.

Mariana Angeles (translation: Spanish) expressed her concerns regarding the information provided in the recent JL Group report and the lack of transparency in City business dealings and public meetings. She called for the resignation of any implicated officials and noted the fear among residents that the Police will not take action if they report wrongdoing.

Mayor Aitken stated the safety and security of residents is the City Council’s top priority and suggested the speaker make a report to members of the Police Department who were in attendance.

Rosalia Garay (translation: Spanish) commented by defending resident’s rights to know the truth about the corruption taking place in the City and the report concerning the mishandling of funds.

Sandra Cazares (translation: Spanish) noted the impact the Council’s actions have on residents, especially the costs incurred to prepare the JL Group report. She requested transparency in the Council’s activities.

Susana Galan (translation: Spanish) expressed concerns about how the City’s corruption impacts the lives of residents who are struggling to pay for basic needs, especially due to the effects of the recent pandemic.

Len Beckman commented on the impacts that lack of funding has on schools and students in the community and requested the Council assist by directing financial assistance to education.

Donna Acevedo-Nelson suggested the City move forward with gathering input from residents as to the future of Anaheim stadium and also directing efforts toward creating a more vibrant downtown in Anaheim.

Marc Herbert expressed support for the recent release of the JL Group report, inquired about the Fire Station 12 project, and requested the City investigate the Visit Anaheim organization.

Bryan Kaye thanked a resident who attends each Council meeting and expressed his desire to see a positive, healthier Anaheim.

City Council Minutes of August 15, 2023

COUNCIL COMMUNICATIONS:

Council Member Leon invited District 2 residents to the Brookhurst Corridor Study Walking Tour on Saturday, August 19, 2023 at Stater Brothers. He shared that participants may arrive between 9 a.m. and 12 p.m. and will be given a map of the route and asked for feedback regarding the current state of the area and what they would like to see in the future. The feedback from the walking tour will be used to develop recommendations for the City to consider for public improvements in the area. He shared that the District 2 Office, in collaboration with dozens of organizations, distributed over 600 backpacks and school supplies to students at the James Madison Elementary School Back to School Bash. Council Member Leon was grateful to collaborate with the City and community partners to make the event a reality. He thanked Public Utilities, Public Works, Community Services, Fire and Rescue, Police Department, Mark Lowry and the Community Action Partnership Orange County for providing food boxes for families, Anaheim Run Club, James Madison Elementary School staff, Anaheim Elementary School District Superintendent Dr. Downing, Eddie the custodian who worked tirelessly throughout the event, Taylor Griffin and Maggie Moreno from his Team, all the volunteers from Project Say, and the community for helping make the event a success. Council Member Leon shared that one of the reasons he ran for office is to ensure that the issues discussed on the dais are in the context of how they affect and help residents. He stated that potential actions, following the release of the JL Group report, will be discussed later in the meeting and he reiterated his commitment to exploring, analyzing, and implementing sound public policies that will help establish safeguards so that the City does not go through this again. He stated that the City Council is still in the process of reestablishing the City’s trust in City Hall and must implement well-thought-out public policy because residents deserve that. Council Member Leon stated that Orange County is home to some of the greatest higher education institutions with faculty who are subject matter experts that can help provide unbiased recommendations that are also data and research-driven that may very well go above and beyond some of the recommendations in the report, but more importantly are not driven by special interests. He shared that he looks forward to personally engaging with some of the educational institutions, residents, and City staff to bring additional policy recommendations to the City Council for consideration. It will be a lengthy process and he looks forward to discussions with colleagues to show residents that the current Council is not the Council that led the City to this mess in the first place.

Council Member Faessel requested the meeting close in memory of Sarah Alevizon. He shared that she was married to former Council Member Bob Hernandez and was active in the community for more than 30 years. She volunteered for the Assistance League of Anaheim, Anaheim Women’s Group, Anaheim Arts Council, Anaheim Ballet, The Ebell Club of Anaheim, and the Anaheim Library Foundation. Council Member Faessel stated that she was well-loved in the community and wished her husband and family well.

Council Member Kurtz highlighted and displayed photographs of events she participated in. She thanked Officers Woo and Jasmine from the Anaheim South District Police Community Team, for attending four different community events. They attended the Ponderosa Neighborhood clean-up and provided ice cream for the kids. They also presented in Spanish, along with the Fire Department, a safety forum for residents in the Ponderosa neighborhood regarding Fentanyl and what signs parents should look for if they are wondering if their kids were using drugs. Council Member Kurtz also thanked the Orange County Employees Association and Anaheim Municipal Employees Association for bringing out a hotdog wagon and feeding families who walked around the neighborhood picking up trash. She also thanked Anaheim Neighborhood Services and Anaheim Public Utilities for providing information at the event regarding City services. Council Member Kurtz thanked Officers Woo and Jasmine, Housing & Community Development Deputy Director Sandra Lozeau, and Public Utilities Communications Supervisor Melissa Seifen for attending a community meeting to discuss City Council Minutes of August 15, 2023

concerns in the neighborhood due to the homeless. Council Member Kurtz referenced the Barbie Storytime event and Silvia Salas-Sanchez book event at the Euclid Branch Library and thanked staff for the great events. She encouraged residents to attend community events because staff do not just do their job, they are listening and working with residents to help improve the quality of life for residents.

Mayor Pro Tem Rubalcava requested that the meeting close in memory of Fernando Mejia, a father of four daughters, who untimely lost his life at Kern River. She thanked Director of Community Services, Sjany Larson-Cash and her staff for all the work they have done in recognition of Chicano Heritage Month Celebration. As part of the celebration, a new Chicano mural is planned at Little People’s Park. She also thanked everyone who participated in public comments and stated that public comment is part of a process just like the JL Group report. The report helps the Council better understand issues involving a prior Mayor and former Chamber of Commerce Executive. The report also raises questions about lobbyists and how money allocated by a prior City Council impacted the City, but suggestions that the report represents what Anaheim is today are completely inaccurate.

The people who currently sit on the dais have grown up in this City and have a vested interest in the success of the City. She stated that she personally takes offense when people mention that Council Members do not have a vested interest in moving the City forward in a positive way. Mayor Pro Tem Rubalcava stated that she personally welcomes thoughtful consideration of the report’s recommendations, but speculation that goes beyond that is unwarranted. Slides were displayed and she noted that the first set of recommendations highlights an appointment of an ombudsman, upholding City Council/Manager form of governance, considering improvements to Information Technology (IT), amending the lobbying ordinance, and an audit of how the Anaheim Chamber of Commerce and Visit Anaheim may have misused funds. She pointed out that there is no recommendation that would suggest that anyone on the City Council should step down and there is no justification in the recommendations for attacking the work and character of anyone on the dais or anyone working for the City of Anaheim today. She stated that she would like to set the record straight regarding directing City staff because that is an inaccurate accusation included in this report because she always works with City staff through the City Manager to get things done. She highlighted her accomplishments since taking office as follows: Passed a Hotel Workers Safety Ordinance to protect the people who work in the Resort District, created transparency, tree trimming, obtained stop signs on Bush and Sycamore, worked with Assembly Member Valencia to obtain $1 million in funding for Northgate Store No. 1 which is located in District 3 and will benefit the workforce development of the people who live in the City of Anaheim, secured public safety officers to help keep schools safe in response to an incident that occurred at Sycamore Junior High School, housed a woman who was homeless, prepared a Chicano Heritage initiative to represent the people in District 3, and has worked on behalf of small businesses in District 3. She highlighted the allegation in that report regarding the Small Business Development Group. She clarified that in a public meeting, she requested that the Economic Development Department staff work with the Small Business Development Group which provides opportunities for small businesses to obtain capital through the Federal Government if they are struggling and that is something she will never deny because the City needs to do more for small businesses. Mayor Pro Tem Rubalcava stated that unfortunately the mischaracterization in the report was expected given the volume of information and interviews, but what is inexcusable are the secondary accounts over the past two weeks and even in the Council Chamber tonight because she respects City staff and has read the City Charter. She reiterated that she always works with the City Manager to collaborate respectfully with City staff. She noted that the reports passage about an Anaheim First binder is also inaccurate and chronologically impossible.

Mayor Pro Tem Rubalcava noted that after the report came out, she provided the City Attorney’s Office with an email from a community member, one month after the election, January 13, 2023, regarding Anaheim First issues. She stated that as a candidate, she along with many of her supporters canvased thousands of houses, sent text messages, and made phone calls to residents.

City Council Minutes of August 15, 2023

She stated that feedback from residents and understanding what they want from their elected officials is priority number one, because she ran to represent District 3, not to represent her own personal interest. Mayor Pro Tem Rubalcava stated that for that, she will never apologize. She received this information via publicly accessible information that candidates have access to during campaigns.

Mayor Pro Tem Rubalcava welcomed thoughtful consideration of the report’s recommendations and any beneficial insights that may be gained. She stated that the City Council has an obligation to ensure that the report is handled responsibly, competently, with dignity and respect, and must resist pressure campaigns and rushed reactions to the results of the investigation. She welcomed all points of view during the process but stated that as a City of more than 300,000 people, it extends well beyond what was just heard during public comments. What most residents in District 3 ask for is for the City Council to focus on homelessness, affordable housing, crime and public safety, parks, libraries, streets, timely trash pick-up, graffiti removal, and other important quality of life issues. Mayor Pro Tem Rubalcava stated that she will focus on those concerns including making sure that the City Council is transparent. She stated that as the City of Anaheim moves forward, she looks forward to working with all Council Members as well as City staff.

Council Member Diaz highlighted and displayed photographs of Bionicos Green Paradise at 3414 West Ball Road, at the corner of Ball Road and Knott Avenue. He shared that the restaurant is owned and managed by immigrants from Guadalajara, Mexico. The owners have been in business for just over a year and work hard to maintain the restaurant. Sandwiches, shakes, salads, smoothies, and fruit floral arrangements can be prepared. He encouraged everyone to support Bionicos Green Paradise. He also shared a flyer regarding the Cheer Mini Pioneer cheer clinic on August 30th and 31st at Western High School. He stated he will continue working to improve Beach Boulevard and address homelessness and the housing crisis.

Mayor Aitken highlighted and displayed photographs of events she participated in. She reported that she was selected to participate in the Bloomberg Harvard City Leadership Initiative Program along with 40 mayors from across the world, focusing on leadership skills and policy development with a real focus on getting things done at the municipal level. She stated she was looking forward to partnering with some of the California mayors as well as mayors from across the world in tackling issues. It was amazing how whether it's mayors from Italy, Amsterdam, or New Zealand everyone is trying to tackle the same issues as municipal public servants. She thanked the Anaheim Police Department, Fire and Rescue Department, and all the volunteers who organized the National Night Out event in District 6 because it was a huge success. She also gave a shout out to Jason Perez from Neighborhood Services for winning the donut eating competition three years in a row. He ate a dozen donuts in under three minutes. Mayor Aitken highlighted that she had the pleasure of hosting the U.S. Assistant Secretary for Transportation Policy Christoper Coes at ARCTIC. Mr. Coes was visiting the OC Vibe project and presented the City with a $5 million Rebuild American Infrastructure with Sustainability and Equity (RAISE) grant which will be used to help reinvent the area around the OC River Walk. She thanked the Council Members who were able to meet with the Secretary of Transportation and welcome him to ARCTIC. Mayor Aitken stated that she and Council Member Leon attended the “Tacos With A Cop” event at Taco Land. She thanked the Police Department Community Policing Team for reaching out to the community and taking the time to meet with families. Mayor Aitken visited Roosevelt Elementary School and welcomed students back to school.

She wished all students in Anaheim good luck in their new school year. She reported that she was invited to give a welcome speech at the Orange County Labor Federation dinner, highlighting all the wonderful work that Anaheim’s working families do as well as those who advocate for working families.

City Council Minutes of August 15, 2023

CITY MANAGER’S UPDATE:

City Manager Vanderpool announced the Government Finance Officers Association of the United States and Canada (GFOA) has awarded the Certificate of Achievement for Excellence in Financial Reporting to the City of Anaheim for its annual comprehensive financial report for the fiscal year ending June 30, 2022. The report has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the report. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. It’s the City’s 48th consecutive award, the most received in the state.

He noted that since the City Council approved the Clean California agreement in March, the Anaheim Team including Housing & Community Development, CCRT, Public Works and the Police Department have been working every Saturday along the 5, 57, and 91 freeways to clean up Caltrans rights of way. He was happy to report, that in just a few months a milestone of 100 tons of trash was picked up from the freeway on and off ramps that serve as a gateway to the community. This work is fully reimbursable by the state through the Clean California program.

The Public Works Department received authorization to proceed with the construction of safety enhancements at seven intersections across the City valued at over $2.1 million funded entirely by the Federal Highway Administration. Some of the intersections include Brookhurst/La Palma, Euclid/Crescent, Harbor/Lincoln, and Ball/State College. This continues the City’s mission to improve safety on roadways and maximize the federal and state grant dollars brought to Anaheim.

He invited the community to the celebration of Central Library’s 60th Anniversary on Sunday, August 27, from 1 p.m. - 4 p.m. Attendees of all ages will be able to join in on the festivities. There will be a self-portrait collage craft corner, a trivia contest, and a history scavenger hunt where patrons can win prizes. To celebrate the 60 years of impact, there will be a story time with special guests Sesame Street characters Elmo and Cookie Monster. Families will be able to make birthday hats for the cake cutting and enjoy music from special guests Sean Oliu and the Coastline Cowboys.

City Manager Vanderpool invited Police Chief Jorge Cisneros to the podium and thanked him for his many years of dedicated service to the community. He stated it was an absolute pleasure to work with him and stated that staff and the community will miss him.

Police Chief Cisneros shared that it has been a great five years and thanked the City of Anaheim for the opportunity he was given. He stated it has been an honor and privilege to work with the women and men of the Anaheim Police Department, other City Departments, and numerous organizations. Police Chief Cisneros stated he has been Chief for 13 years of his career and working for the City of Anaheim is a great way to end his career.

Mayor Aitken, on behalf of the City Council, thanked Police Chief Cisneros for his many years of service.

At 8:00 p.m., Mayor Aitken recessed the Anaheim City Council meeting to address the Anaheim Housing Authority agenda and reconvened the City Council at 8:01 p.m.

City Council Minutes of August 15, 2023

CONSENT CALENDAR: At 8:01 p.m., the Consent Calendar was considered with Council Member Kurtz pulling Item Nos. 9, 11, 18, 19, and 21 and Council Member Meeks pulling Item No. 16 for separate consideration.

MOTION: Council Member Leon moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each City Council Member, seconded by Council Member Meeks. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.

3. Receive and file minutes of the Public Utilities Board meetings of June 23, 2023 and June 28, 2023.

4. Approve recognitions recognizing Linbrook Bowl on their 65th Anniversary of conducting business in Anaheim, the retirement of California Highway Patrol Officer Tyrone Bennett, and Jason Perez for winning the donut eating contest for three consecutive years at National Night Out.

5. Approve and authorize the City Manager to execute the City Council’s response to the Presiding Judge of the Superior Court, prior to September 1, 2023 related to the 2022- 2023 Orange County Grand Jury report titled “Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange.”

6. Approve and authorize the City Manager to execute a response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury relating to the 2022-2023 Orange County Grand Jury Report, “Human Sex Trafficking in OC.”

7. Accept the bids from Cal-Duct, Inc., Anixter Inc., One Nation Distribution LLC, and OneSource Distributors, in the respective amounts of $28,650.00, $99,699.10, $27,800.00, and $22,902.50 plus applicable taxes, for the purchase of various electrical materials including connectors and conduit for Anaheim Public Utilities Department in accordance with Bid #9702.

8. Accept the bid from Pump Check Inc., in the amount of $28,382.90 plus a 20% contingency, to provide pump efficiency testing services for the Anaheim Public Utilities Department for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9707.

10. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement to Mesa Energy Systems, Inc. dba Emcor Services Mesa Energy, in the amount of $104,250, for parts and services needed to repair the Hall E chiller at the Anaheim Convention Center; and authorize the Purchasing Agent to issue the necessary purchase order, in the estimated cost of $200,000 plus applicable taxes, to acquire a replacement compressor unit for the chiller.

City Council Minutes of August 15, 2023

12. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Foster and Freeman USA Inc., in the amount of $79,098 plus applicable tax, for the purchase of a forensic imaging system for use by the Anaheim Police Department.

13. Waive the sealed bidding requirement of Council Policy 4.0 and ratify the purchase orders issued to Professional Police Supply, Inc., in the combined amount of $86,293.53, for providing various parts needed to upfit 11 new Anaheim Police Department vehicles.

14. Authorize the Purchasing Agent to issue purchase orders, in a total amount not to exceed $264,000 plus applicable taxes, in order for the Purchasing Division to solicit bids and/or evaluate available cooperative agreements for three vehicle purchases to support Anaheim’s Homeless System of Care Program, in accordance with Council Policy 4.0.

15. Approve an agreement with Great American Insurance Company, corporate surety for HYM Engineering, Inc. to assume the obligations and complete the Brookhurst Community Center – Teen Room Addition Project and authorize the Director of Public Works to execute all documents in furtherance thereof.

17. Approve the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC) between the City of Anaheim, County of Orange and Member Agencies to further clarify the operation of the ILJAOC and its Voting Board to facilitate the integration and sharing of criminal justice information/data; and authorize the Chief of Police to execute the agreement and to take the necessary actions to implement and administer the agreement [Member Agencies: Brea, Buena Park, Costa Mesa, Cypress, California State University, Fullerton Police Department, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Los Alamitos, Newport Beach, Orange, Placentia, Santa Ana, Seal Beach, Superior Court of CA, County of Orange, Tustin, Westminster, and University of CA, Irvine Police Department].

20. RESOLUTION NO. 2023-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts).

RESOLUTION NO. 2023-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle).

22. RESOLUTION NO. 2023-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit an application to the Orange County Transportation Authority (OCTA) for funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3 for the Catch Basin Screen Installation Project, and if awarded, authorizing the acceptance of such grant funds on behalf of the City and amending the budget for fiscal year accordingly and determine that these actions are exempt from the California City Council Minutes of August 15, 2023

Environmental Quality Act (CEQA) pursuant to Guideline Section 15303 (grant funds in the amount up to $500,000; matching funds amounting to 20% of project cost, at minimum).

BUSINESS CALENDAR:

9. Accept the bid from BrightView Landscape Services, in the amount of $594,872 plus a 20% contingency, to provide landscape maintenance services for the western portion of the Anaheim Resort Maintenance District and the Anaheim Convention Center for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9704.

DISCUSSION: Council Member Kurtz inquired if General Fund dollars will be expended for this project.

Purchasing Agent Barrick L. Bartlett and Streets and Sanitation Manager Eddie De La Torre confirmed the funds for this project do not come from the General Fund, but from the special resort district funds, specifically from the self-assessment of the resort.

MOTION: Council Member Kurtz moved to accept the bid from BrightView Landscape Services, in the amount of $594,872 plus a 20% contingency, to provide landscape maintenance services for the western portion of the Anaheim Resort Maintenance District and the Anaheim Convention Center for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9704, seconded by Council Member Meeks.

With the concurrence of the entire City Council, the vote for Item No. 9 was conducted following the presentation of Item No. 11.

MOTION: Council Member Kurtz moved to accept the bid from BrightView Landscape Services, in the amount of $594,872 plus a 20% contingency, to provide landscape maintenance services for the western portion of the Anaheim Resort Maintenance District and the Anaheim Convention Center for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9704, 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.

11. Accept the proposal from Turbo Data Systems, Inc., in the amount of $273,615, for parking citation processing and parking permits services for a one year period with up to six one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Request for Proposal #9665; and authorize the Purchasing Agent to issue and execute the necessary documents to establish new agreements and to take the necessary actions to implement and administer the agreements.

DISCUSSION: Council Member Kurtz requested clarification, stating that the bid from the selected vendor appeared to be significantly higher than the others which were submitted.

Streets and Sanitation Manager De La Torre confirmed the Request for Proposals had specific requirements for technology to enable uniformity of devices across Departments. The selected vendor met all specific requirements and qualifications, and the high ranking also included input from the review panel comprised of staff from various City Departments. The pricing consideration comes after the qualification rankings.

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Council Member Leon inquired if the subject vendor is the current provider, or if the City is utilizing a new vendor.

Mr. De La Torre confirmed the vendor is an existing provider to the City and staff is pleased with their current level of service.

Prior to the vote for Item No. 11, the City Council voted on Item No. 9.

MOTION: Council Member Kurtz moved to accept the proposal from Turbo Data Systems, Inc., in the amount of $273,615, for parking citation processing and parking permits services for a one year period with up to six one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Request for Proposal #9665; and authorize the Purchasing Agent to issue and execute the necessary documents to establish new agreements and to take the necessary actions to implement and administer the agreements, 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.

16. Approve an agreement with the City of Irvine for Anaheim to provide air support services at an hourly rate of $1,058 for a term beginning on July 1, 2023 and ending on June 30, 2025, with three one-year optional renewals; and authorize the Chief of Police to take the necessary actions to implement and administer the agreement.

DISCUSSION: Council Member Meeks inquired whether this agreement makes financial sense for the City, given that the City of Irvine is a large city and could perhaps fund its own air support services.

Deputy Chief Rick P. Armendariz provided historical data on the City’s involvement with mutual aid to partner cities. He noted the City does not request reimbursement for emergency-type services to other agencies, because the City is often receiving similar aid in other situations. The City of Irvine requested priority aid in air support services and thus, the need for the current agreement.

Council Member Meeks clarified she wanted to ensure that providing this service does not take away from the services provided directly to Anaheim residents, but also confirmed the numbers were not significant in terms of the requests for this specific type of service.

In response to an inquiry from Council Member Faessel, Deputy Chief Armendariz confirmed the cost reimbursement covers City personnel, maintenance, and fuel for these types of air support operations. He noted the fuel costs have been modified and are consistent with costs for providing the service when requested.

MOTION: Council Member Meeks moved to approve an agreement with the City of Irvine for Anaheim to provide air support services at an hourly rate of $1,058 for a term beginning on July 1, 2023 and ending on June 30, 2025, with three one-year optional renewals; and authorize the Chief of Police to take the necessary actions to implement and administer the agreement, seconded by Mayor Pro Tem Rubalcava. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.

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18. Approve an agreement with The Segal Company (Western States), Inc., in an amount not to exceed $525,000, to conduct a citywide classification and compensation study; and authorize the Human Resources Director, or designee, to execute the agreement and related documents and to take the necessary actions to implement and administer the agreement.

DISCUSSION: Council Member Kurtz inquired if the study can be completed within 12 months, if there is a penalty clause in the agreement if the results are not returned to the City within the agreed- upon time frame, and what the start date of the study would be.

Deputy Human Resources Director Gretchen R. Beatty explained that the projected plan for a 12- month completion was accurate and noted the consultant was available to answer any questions.

Employees and the City Council have great interest in seeing this project completed. It was also stated that there is no penalty clause, however, it was noted that there may be circumstances beyond the control of the consultant, such as employee and supervisors' return of the questionnaire and other elements required by the study. The consultant is very committed to having the study completed on time and is immediately ready to commence as soon as the contract is approved. City staff has already commenced internal planning and meetings for the study.

TL Cox from the Segal Company stated their staff has been working closely with the City’s Human Resources employees to prepare a detailed project timeline and that adequate staff are assigned to the project. He confirmed that there are many elements of the study that are outside of the consultant’s control, such as the return of questionnaires and other materials that must be completed by City employees.

City Manager Vanderpool stated that all Department Heads are committed to ensuring their employees have access and timelines related to the elements required in the study. Staff understands that the Council would like this item completed within the stated timeframes.

City Attorney Fabela noted there is no timeline in the contract wording itself, no “time is of the essence” nor “liquidated damages,” clause. The consultant is only obligated to complete the work provided for in the contract.

Council Member Kurtz stated she was under the impression there was a specific 12-month timeframe.

Deputy Director Beatty confirmed there is a work plan timeline included in the contract, which includes the time schedule and summarizes the expectations of when the project will be completed.

Council Member Meeks requested the consultant and City staff provide clarification of the project work plan and schedule.

Mr. Cox provided details as to the project’s steps, including gathering job descriptions, stakeholder meetings with executive leadership and bargaining unit representatives, classification analysis commencing in the third quarter of 2023 including review of employee questionnaires, building of job architecture, evaluation of positions across the City, and completion of a total compensation market assessment. He noted that Human Resources staff emphasized how important visibility was for this process and the total compensation market assessment and classification analysis will be completed simultaneously. It is anticipated the final results of the study will be presented to the City Council in the third quarter of 2024.

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Council Member Meeks requested that the Human Resources Department and the City Manager institute plans to ensure employees are returning the elements in a timely fashion to have this study completed.

Deputy Director Beatty confirmed the importance of completing the study. The results of the study are expected to assist in the future work of Human Resources staff. There will be liaisons established in each Department to ensure work is completed, as there are frequent requests from individual Departments to have individual studies completed.

Council Member Meeks stated her support to ensure the study treats all employees fairly as it relates to the results of the classification and compensation analysis.

Council Member Faessel noted the importance of the study to the organization and inquired if any deliverables could be provided to the City Council for review prior to the 12-month completion date.

Mr. Cox provided details as to the study’s key deliverables, explaining there are updates that will be provided along the way in an easily digestible format. He noted the completion of the timeframe for the public and private sector benchmarking is a natural time to provide the City Council with an update, as it will show which agencies were selected for comparison purposes. He reiterated that a classification and compensation study seeks to achieve internal equity and it is important that communications are consistent with that plan, rather than providing updates regarding specific work groups.

Council Member Faessel stated it is clear the Council Members are committed to completing the study as quickly as possible, without sacrificing quality.

Council Member Leon confirmed with City Attorney Fabela that there is no specific provision in the consultant’s contract requiring that the project must be completed within 12 months of commencement and inquired if language should be incorporated.

City Attorney Fabela stated the consultant would not be in breach of the contract as long as they completed the scope of work agreed upon, and noted that there could be factors beyond the consultant’s control that could result in delays. He noted the City Council could opt to include such language, however, it may be complex.

Mayor Pro Tem Rubalcava requested Mr. Cox continue the presentation to address potential comments she may have.

Mr. Cox introduced the Segal Company and noted it has been independently and privately held for over 80 years, they have excellent references from organizations similar in size and complexity to Anaheim, and they are known for their adherence to timeliness. The participation of City employees is paramount to their success and they work collaboratively with the client to ensure internal participation is welcomed. They have a good reputation among public sector unions due to their collaborative work approach. He introduced the members of his team, who work to ensure quality control and accountability, including assignment of a local area representative. He highlighted the extensive experience of the firm and the firm’s employees. He reiterated that the organization has no control over whether employees return the information requested and it requires a collaborative approach among all parties involved. The work plan ensures internal and external equity, even including comparisons with private sector positions, so that the resulting recommendations are statistically valid.

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Mayor Pro Tem Rubalcava inquired as to the consultant’s methods for collecting information from comparable agencies.

Mr. Cox stated that much of the comparison data is publicly available from outside agencies, but it is also important to ensure that the work being completed by internal employees matches the job descriptions and compensation appropriately, as duties, responsibilities, and business technologies may have shifted over time.

Mayor Pro Tem Rubalcava inquired how the City can develop classifications, for example, when the City Council is negotiating with labor unions the results of their classification and compensation studies are not accepted in some cases.

Deputy Director Beatty confirmed that the job duties and content associated with a particular title in Anaheim may not be consistent with the same job title in another agency for comparison purposes.

The specific job duties currently performed by Anaheim employees must be accurately reflected to ensure the job descriptions are modernized and accurate for recruitment and retention purposes.

Separately, comparisons are conducted with other agencies to validate where the City is in the competitive marketplace, however, the content of the work done under the same titles may not be the same from agency to agency.

Mr. Cox added that from his experience, the employees and employee groups find value in participating in the process. He continued with his presentation, noting that the updated job descriptions are within their scope of work and part of the classification architecture. The total compensation assessment is the competitive benchmarking in areas such as salaries, healthcare, retirement, and other leave. It also includes determining the differences between pay grades. The Segal Company will also provide implementation guidelines to coincide with the City’s strategic plan and objectives going forward.

Mayor Pro Tem Rubalcava explained the City Council’s focus is to ensure that the City’s budget is utilized effectively and considers a potential $250,000 expenditure very seriously. She confirmed her interest in ensuring the project is completed in a timely manner to assure employees of their role in the organization. She expressed concerns with outsourcing the study and preferred to have the study completed by City staff. She requested additional information from staff on the process undertaken to select the proposed consultant and staff’s confidence in their selection and that there will not be change orders which double the cost of the project.

Deputy Director Beatty confirmed the Segal Company was on board with the City’s intent and interest in getting the project completed on time and on budget. She added the budget for this project was approved by the City Council in the current adopted budget and there was City Council support from the onset. The Request for Proposals process resulted in seven different proposals, with five determined to be highly qualified. The proposals were reviewed by each of the City’s collective bargaining units and returned with their feedback, including proposed questions to ask during the oral interviews with the consultant firms. She noted the City’s stakeholder team consisted of Human Resources representatives and other City groups who assisted with the interviews. Staff conducted significant reference checks and confirmed the Segal Group has performed similar work in other agencies similar in size and complexity to Anaheim. The City has over 3,000 employees and over 600 classifications and it will be significant work for a consultant without prior experience in similar agencies. She noted the City will utilize the results of the study to provide assurance to employees that they are properly classified.

Council Member Diaz expressed concern with the selection of the comparison cities and agencies to ensure the correct comparisons are made for recruitment and retention purposes. The size of the City Council Minutes of August 15, 2023

comparison city or agency may not be the best metric to utilize. He added private or special district entities and local regional information should also be included.

MOTION: Council Member Kurtz moved to approve an agreement with The Segal Company (Western States), Inc., in an amount not to exceed $525,000, to conduct a citywide classification and compensation study; and authorize the Human Resources Director, or designee, to execute the agreement and related documents and to take the necessary actions to implement and administer 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.

19. RESOLUTION NO. 2023-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2022-138 for the purpose of creating, deleting and/or modifying certain classifications represented by the Anaheim Municipal Employees Association, Part-Time Unit, and approving a Letter of Understanding concerning training duty assignment pay for employees in the classification of Traffic Control Assistant.

RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2022-139, as amended, for the purpose of creating, deleting, and/or modifying certain classifications, rates of compensation, and pay policies for classifications designated as Non-Represented Full-Time and Part-Time employees.

Increase the City Council’s Fiscal Year 2023/24 budget by $43,840.

DISCUSSION: Council Member Kurtz requested general clarification on the item, including why these items are requested separately from the classification and compensation study.

Deputy Director Beatty responded that currently there are matters of concern related to positions in certain areas of the City, including the Community Services Department. The compensation for certain positions, such as Park Ranger and Senior Park Ranger have fallen significantly behind the public and private sector markets. Many employees are supplementing their pay with positions in other agencies and the City needs to ensure proper staffing for its own park operations. She provided details as to the proposed compensation changes for the positions. Additionally, positions within the Police Department were included, with pay starting near minimum wage and the City is losing the staff on a sustained basis. She noted that the City is contractually required to provide staff for traffic control at external venues. She explained the increase in salaries should be offset by savings in the General Fund, as sworn personnel would be utilized to supplement staffing. Last, a compensation change was proposed for the direct support positions to the City Council, as they were out of alignment with comparable agencies. She added the incumbent Chief Policy Advisor to the Mayor position will not be moved up 21%, but the general range would be adjusted. She explained the City Council Aide positions pay was recommended to increase by 10%. The proposed fiscal impact to the City for approval of the proposed classification changes would result in an increase to the City Council budget, however, the costs for the other proposed changes can be absorbed into the current fiscal year budgets for the Community Services and Police Department.

In response to Council Member Kurtz, Director of Community Services Sjany Larson-Cash confirmed the impacts to Park Ranger programming and duties due to understaffing is having an impact on current operations, with shifts remaining unfilled. She noted staffing levels are at 46% to patrol the City’s 63 parks. There are also significant challenges in recruiting for the positions due to the low compensation.

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Council Member Kurtz requested clarification of the range increase for the Chief Policy Advisor to the Mayor.

Deputy Director Beatty confirmed the incumbent for the Chief Policy Advisor to the Mayor will receive a 10% increase as a result of approval of the new range for the full-time position and the same is recommended for the other Council support staff positions. All Council support positions will receive the proposed increase.

Mayor Pro Tem Rubalcava inquired as to why the Council Aide positions are included in a labor agreement recommendation.

Deputy Director Beatty confirmed these are not represented employees, however, they are all covered under the personnel rules, which are included as part of the staff report, because there are other maintenance updates proposed for those rules. She added they go together in terms of the classification updates, or compensation updates, and staff groups them as they come up, even if they are not represented by the same groups.

Mayor Pro Tem Rubalcava suggested items, like these, are not proposed after the fiscal year budgets are approved, and if necessary, that they are not placed on the consent calendar for transparency purposes. She stated she is opposed to voting for the proposed increased ranges for the Council support positions as those items were unbudgeted, although she explicitly stated that she supports the work of all City employees, including the Council support staff.

Deputy Director Beatty noted staff proposed three recommendations and the City Council may separate the recommendations.

She expressed interest in making a motion to bifurcate consideration of the various resolutions at the appropriate juncture.

Council Member Diaz agreed with the bifurcation of the various resolutions for transparency and would propose moving the resolution concerning the City Council support positions to the meeting on August 29, 2023. He expressed support for all employees in all affected classifications, however, acknowledged the urgent public safety impacts of addressing the Park Ranger positions at this time.

City Attorney Fabela suggested bifurcating the two resolutions and continuing the second resolution to the August 29th City Council meeting.

Mayor Pro Tem Rubalcava confirmed that was her interest in the item.

City Attorney Fabela clarified there is a motion by Mayor Pro Tem Rubalcava and a second by Council Member Diaz to bifurcate the motion.

Mayor Aitken confirmed she was requesting additional comments from the Council regarding the bifurcated motion.

Council Member Meeks supported the bifurcated motion and stated she is generally opposed to “one- off” classification amendments in order to respect all employee positions, however, she did acknowledge the urgency concerning the Park Ranger issues. She expressed concerns about moving forward with any action on the City Council support positions until all other management positions are addressed within the current study.

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Council Member Faessel confirmed with Deputy Director Beatty that the issue of traffic control has been of concern for some time, however, this is not a request to increase the Police Department budget for this time. Funds are available in the current approved budget for the proposed compensation amendments. He agreed with the proposed bifurcation of the two resolutions.

Council Member Leon confirmed with Deputy Director Beatty that the proposed compensation changes if approved, would go into effect at the beginning of the next pay period. Council Member Leon expressed support for the bifurcation of the resolutions, however, he did acknowledge the City Council support positions do deserve to be considered for compensation amendments.

Council Member Kurtz expressed support for the bifurcation of the resolutions with the vote concerning the traffic control and park ranger positions taking place at this meeting. She echoed Mayor Pro Tem Rubalcava’s suggestion to bring similar items forward during the budget process.

Mayor Pro Tem Rubalcava noted her comments at this time are related to the resolution proposed to be brought back for consideration, noting she would like more details concerning the compensation study done for the City Council support positions. She stated that it is not just the City Council direct support positions that provide services to the City Council and expressed that all City employees should be considered equally under the current classification and compensation study.

Mayor Aitken stated she worked with the City Manager and Human Resources staff to evaluate the full-time Policy Advisor position to place it within a group where the compensation is compatible and is mindful to include her City Council colleagues to bring in the other City Council support positions for evaluation. She supports bringing the discussion back in a few weeks for separate consideration.

Mayor Pro Tem Rubalcava noted the item should be considered under the Business Calendar. She wanted to highlight her previous conversation with the City Manager concerning this issue for this meeting and the posting of this agenda. She expressed support for a conversation concerning the classification status, inclusive of membership in bargaining units, for the affected positions.

Deputy Director Beatty clarified the consideration of Resolution No. 2022-139 includes the Personnel Rules with proposed classification changes and range assignments and requested that it be considered at the next meeting.

City Attorney Fabela repeated the potential action: bifurcating the resolutions and continuing the resolution including Non-Represented employees to the next City Council meeting and taking action on the resolution regarding AMEA employees.

MOTION: Mayor Pro Tem Rubalcava moved to bifurcate the two resolutions as presented on the agenda and continue RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2022-139, as amended, for the purpose of creating, deleting, and/or modifying certain classifications, rates of compensation, and pay policies for classifications designated as Non-Represented Full-Time and Part-Time employees and consideration of an increase the City Council’s Fiscal Year 2023/24 budget by $43,840 to August 29, 2023, seconded by Council Member Diaz. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.

MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2023-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2022-138 for the purpose of creating, deleting and/or modifying certain classifications represented by the Anaheim Municipal Employees Association, Part-Time Unit, and approving a Letter of City Council Minutes of August 15, 2023

Understanding concerning training duty assignment pay for employees in the classification of Traffic Control Assistant, seconded by Council Member Kurtz. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.

City Clerk Bass noted the continuance of RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2022-139, as amended, for the purpose of creating, deleting, and/or modifying certain classifications, rates of compensation, and pay policies for classifications designated as Non-Represented Full-Time and Part-Time employees and consideration of an increase the City Council’s Fiscal Year 2023/24 budget by $43,840 to the August 29, 2023 City Council meeting.

21. RESOLUTION NO. 2023-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring certain city-owned real property located at the southeast corner of S. Anaheim Boulevard and E. Ball Road, Anaheim, California (APN 082-46-23, -24, -25, - 31, -34, and -35), as exempt surplus land; directing the City Manager to follow the procedures set forth in the Surplus Land Act, California Government Code Sections 54220, et seq.; making certain findings under the California Environmental Quality Act; and authorizing certain other actions.

Authorize the Director of Economic Development to issue a Request for Proposals and review responses for a mixed-use development project, with a minimum 25% affordable housing component.

Director of Economic Development Sergio Ramirez, joined by Director of Housing & Community Development Grace Ruiz-Stepter, stated the item concerns a recommendation by staff for compliance with the Surplus Land Act for a Successor Agency property and recommendation for a Request for Proposals (RFP) for a mixed-use development project with an affordable housing component for the subject site. He provided a background of the subject property and site, noting the property is now subject to Surplus Land Act provisions pursuant to current legislation. The Surplus Land Act allows local agencies to declare properties surplus land if the site is made available to affordable housing sponsors and the local agency provides for a competitive bid process that results in 300 units or more, and 25% of the units are restricted to lower-income households. 338 units can be achieved on the site, resulting in 85 affordable housing units for rental and 253 units for sale. Staff would comprise a multidisciplinary team of staff from the Housing and Community Development, Planning, Public Works, and Economic Development Departments, and the advisory firm Keyser Marston Associates to evaluate proposals and select the top proposal. Staff would return to the City Council with a recommendation for an Exclusive Negotiation Agreement (ENA) with a top development team and proposal. Mixed-use development is consistent with other developments along Anaheim Boulevard and would help support local businesses and meet housing needs, including a significant affordable housing component.

Council Member Kurtz confirmed with Director Ruiz-Stepter and Director Ramirez that under straight surplus, there would be no affordability housing component and the City is not required to take less than fair market value for the site. With exempt surplus land, the City can issue an RFP that defines how many affordable units need to be included. The fair market value of the property is approximately $25 million.

Mayor Pro Tem Rubalcava inquired how the item is considered “economic development”.

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Director Ramirez explained the City’s former Redevelopment Agency properties were classified as government use, Housing Authority use, and future development. The current site is considered “future development” under the Redevelopment Agency dissolution law and the Successor Agency is under the Economic Development Department. Their role is to dispose of the assets in the Successor Agency portfolio. The Surplus Land Act has necessitated a re-look at the subject property to ensure its highest and best use. Director Ruiz-Stepter added the site was initially zoned for commercial use and historically that was the purpose of the site. She noted the Surplus Land Act has necessitated the use of the property for housing purposes. Staff confirmed the location was the site of former car dealerships, bank buildings, and other commercial uses. Director Ramirez noted the City has demolished certain sites on the property and the remaining properties are being used by Anaheim Transportation Network (ATN).

Mayor Pro Tem Rubalcava expressed concern that the location was unusual for housing, noting that 25% affordable units could bring parking challenges. Director Ramirez responded the site was rezoned by the Planning Commission in 2022 and staff evaluated the concerns brought forth by Mayor Pro Tem Rubalcava. The property now has General Plan designation and zoning allowing for mixed-use development. It is also consistent with the development occurring on Anaheim Boulevard.

He cited other development projects that were former development projects converted into housing.

Mayor Pro Tem Rubalcava stated her recollection was that the previous District Four Council Member was opposed to this project, and recommended staff explore other uses conducive to the area, such as a museum. Director Ramirez responded that sales proceeds from this property have to go to the effective taxing entities, and the City would only receive a portion of the proceeds. Development for other uses, other than those proposed, would have to be funded out of the City’s General Fund. Staff noted the item under consideration this evening was a different proposal than what was presented to the former Council Member. The current potential development could put together a project that would include good landscaping, a public park element, and public art, among other amenities.

City Manager Vanderpool noted that if the City contemplates an alternative public use for the property, it must reimburse costs from the General Fund for the proposed project. 88% of the sale of the property goes to outside taxing agencies consistent with Redevelopment dissolution law. The other public uses contemplated by previous City Council Members such as community centers, public parks, pools, and museums would have to be funded with General Fund dollars, less those obtained by the City in the proposed sale of the subject property.

In response to Mayor Pro Tem Rubalcava, Director of Housing and Community Development Ruiz-Stepter confirmed that changing the proposed site for another parcel was allowed, however, it would be difficult to find a parcel of the same nature and size. Staff is exploring various options, however, the exempt route was pursued as it scores well for an affordable housing project, including from the lens of supporting workforce development, as it lies adjacent to one of the City’s key employment corridors. Staff could explore a land swap, however, it may prove difficult due to the size.

Mayor Pro Tem Rubalcava inquired as to any potential California Environmental Quality Act (CEQA) impacts, due to the previous uses of the property. Director Ramirez responded that the Planning Commission reviewed these matters when it rezoned the property, and they were not considered heavy environmental challenges. From an economic development perspective, the proposed project could create over 300 units and also increase the assessed property value. This would prove a significant economic driver for the City.

In response to Mayor Pro Tem Rubalcava, Director Ramirez responded that the precedents set by similar projects are close to $1 million, to the extent market conditions can be predicted.

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Council Member Faessel stated this would be the City’s first project utilizing the Surplus Land Act and is eager to see what can be accomplished, particularly as related to affordable housing. Director Ruiz- Stepter clarified a previous project located at the corner of Beach Blvd. and Lincoln Ave. was completed utilizing the Surplus Land Act and noted staff will draw upon that experience for the proposed project.

Council Member Diaz expressed strong support for housing at this site and the affordable housing component, which is a priority for the City, as well as the commercial development that comes along with it.

Council Member Kurtz expressed support for projects of this type in District Four, noting the benefits for residents and businesses. She anticipates code enforcement efforts to commence after the project commences to begin improving properties in the surrounding areas. She thanked staff for their work on the item and explained the exempt versus non-exempt components of the Surplus Land Act.

Mayor Pro Tem Rubalcava confirmed this property is identified as one of the parcels in the City’s Housing Element for residential housing development. She requested the project follow the 25% threshold, first-time homebuyer program, and have the developer understand the parking issues as related to affordable housing projects.

Council Member Leon noted he pulled the item as it was important that the Surplus Land Act could provide for additional housing opportunities.

MOTION: Council Member Kurtz moved to approve RESOLUTION NO. 2023-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring certain city-owned real property located at the southeast corner of S. Anaheim Boulevard and E. Ball Road, Anaheim, California (APN 082-46-23, -24, -25, -31, -34, and -35), as exempt surplus land; directing the City Manager to follow the procedures set forth in the Surplus Land Act, California Government Code Sections 54220, et seq.; making certain findings under the California Environmental Quality Act; and authorizing certain other actions and authorize the Director of Economic Development to issue a Request for Proposals and review responses for a mixed-use development project, with a minimum 25% affordable housing component, 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.

Mayor Aitken considered the remainder of the agenda out of order and heard Item No. 24 prior to Item No. 23.

24. Discuss and provide any direction to staff regarding conducting an audit into the $6,500,000 funds awarded to Visit Anaheim during the COVID-19 pandemic to determine if any funds were improperly used, and to potentially work with state and federal partners in any external audits, and any other appropriate actions.

DISCUSSION: Mayor Aitken acknowledged the impacts of the information that resulted from the JL Group report and noted the City has to address the issues in an ongoing manner, including the commencement of the advisory committee she instituted recently. She emphasized these recommendations are only one step in the process of addressing the issues and should provide opportunities for all City Council Members to weigh in on. She stated her suggestions are not about specific people or groups, but rather about making better and more transparent policy overall. She wanted to begin by addressing some of the issues surrounding Visit Anaheim.

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Mayor Aitken supported the suggestion for an internal audit of the $6.5 million in funds awarded to Visit Anaheim and a potential request for the return of $1.5 million that appears to have been allegedly funneled to the Chamber of Commerce (Chamber). She noted it appears there was an additional $450,000 given to the Chamber in 2019-2020 and what those funds were for.

Executive Director of Convention, Sports, & Entertainment Tom Morton stated there was an agreement between the Chamber and Visit Anaheim to provide a percentage of the Anaheim Tourism Improvement District (ATID) collections to provide services for Visit Anaheim.

Mayor Aitken inquired if the City has ever exercised its right to inspect and audit under the original contract with Visit Anaheim. Executive Director Morton believed the City conducted a financial audit prior to the pandemic.

In response to an inquiry from Mayor Aitken, City Attorney Fabela stated the City Council could discuss the provision of the agreement as related to subcontracting for outside services during Closed Session. City Attorney Fabela stated there is no document that exists in which the City Manager authorized a signed release to allow Visit Anaheim to subcontract under the terms of their agreement.

Mayor Aitken noted that given Visit Anaheim is a separate entity, the City’s recourse would be to conduct an audit. She expressed interest in having a conversation with the Visit Anaheim Board at a future Anaheim City Council meeting. In response to Mayor Aitken, City Manager Vanderpool confirmed the City Council’s previous direction to cease contracts with the Anaheim Chamber of Commerce.

Mayor Aitken noted 75% of ATID funds are provided to Visit Anaheim who subcontract to the Chamber of Commerce. She inquired if this violated the City Council’s policy to cease operations with the Chamber.

City Manager Vanderpool stated the ATID funds are defined by how they are disbursed and the City may not be able to interfere if Visit Anaheim uses the funds once they are released by the City.

Mayor Aitken suggested the City Council discuss and determine whether they should send a letter to Visit Anaheim requesting the return of the $1.5 million provided to the Chamber, as well as asking them to cease all relations with the Chamber of Commerce until the conclusion of the City and State audits.

Mayor Pro Tem Rubalcava confirmed the audit has subpoena power and requested confirmation of the scope of the audit to be conducted by the State Auditor and Controller. She suggested halting all ATID funds until after the audit is complete, as Visit Anaheim has reserves to continue its operations.

City Attorney Fabela stated the City will look into that option.

Council Member Kurtz concurred with partnering with the State on external audits. City Attorney Fabela confirmed the City has subpoena power pursuant to its City Charter and would look into the option to expand those powers if needed. He mentioned he has never seen those powers utilized in his tenure. He noted the purpose is for a fact-finding investigation to call witnesses to the City Council.

Council Member Kurtz expressed concerns over the alleged funds awarded to Visit Anaheim due to the funding originating from taxpayers.

City Council Minutes of August 15, 2023

Council Member Faessel concurred with his Council colleagues and inquired whether the City will be conducting its own audit of Visit Anaheim concurrent with the State audit, expressing concerns to ensure the various entities performing audits are not working at cross-purposes.

Mayor Aitken stated the City has audit power under the current agreement, and would further request that Visit Anaheim provide access to their budget to affirm that the other financial documents provided to the City are correct.

Council Member Faessel expressed support for a State-initiated audit and a city-initiated audit as long as they do not interfere with one another.

Council Member Meeks concurred with sending a letter of support to the State confirming the City is prepared to provide any assistance necessary concerning the audit. She concurred with the Mayor’s request to enforce and utilize the clauses in the existing agreement concerning audit provisions.

Council Member Diaz preferred to see the results of the State audit prior to taking any other action, as cutting funds to Visit Anaheim may result in negative impacts on booking and marketing of the convention center.

Mayor Pro Tem Rubalcava suggested two separate motions including writing a letter of support for the State audit and directing staff to assist the State with its audit. She noted her intention to move the item to halt funding to Visit Anaheim until after the audit, as they have sufficient reserves to operate and resume funding if there are no improper activities discovered as a result of the audit.

City Manager Vanderpool confirmed that the funds were collected by the hotelier and then transferred to the ATID. City Attorney Fabela noted he will research whether there are mechanisms that can stop those transactions. Executive Director Morton noted it is a Benefits Assessment District and confirmed the City collects the assessment and then the funds are paid to Visit Anaheim. In response to Mayor Pro Tem Rubalcava, Executive Director Morton confirmed the funds are not taxpayer- funded.

In response to Council Member Leon, Executive Director Morton noted conventions are booked out through 2030 to 2032 and there could be unintended consequences from pausing funding to Visit Anaheim. He advised other agencies that can provide such services, however, Visit Anaheim’s services are tailored to the Convention Center sales and services.

Council Member Leon supported the comments of his Council colleagues. He noted the potential actions are a start to ensure transparency and due diligence of the City Council.

Council Member Kurtz supported the City’s cooperation with the State audit and writing a letter of support. She wanted to confirm the City administers the pass-through of the subject funds, but they are not taxpayer dollars.

MOTION: Mayor Aitken moved to write a letter of support to the State Auditor on behalf of the City Council indicating the City Council’s willingness to fully cooperate with the State Auditor’s investigation, 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 August 15, 2023

DISCUSSION: Mayor Aitken confirmed Mayor Pro Tem Rubalcava’s initial motion to direct staff to explore options to halt funds directed to Visit Anaheim, her interest in ceasing relations with the Chamber, investigating the legality of the Chamber’s relationship with Visit Anaheim, and requesting access to the contract to grant the City access to their budget.

MOTION: Mayor Pro Tem Rubalcava moved to direct staff to do everything they can to fully support the State’s audit, seconded by Council Member Kurtz. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.

MOTION: Mayor Aitken moved to direct staff to halt Anaheim Tourism Improvement District (ATID) funds to Visit Anaheim until after the audit, explore options to cease relationships with the Anaheim Chamber of Commerce until the conclusion of the State audit, explore whether those relationships are legal under the City’s contract, and how the City can obtain full access to their budget.

DISCUSSION: Mayor Pro Tem Rubalcava recommended considering halting the ATID funds separate from the additional items proposed by the Mayor.

MOTION: Mayor Aitken moved to explore halting the Anaheim Tourism Improvement District (ATID) funds until after the audit, seconded by Mayor Pro Tem Rubalcava. ROLL CALL VOTE: AYES – 6 (Mayor Aitken and Council Members Rubalcava, Leon, Kurtz, Faessel, and Meeks); NOES – 1 (Council Member Diaz). Motion carried.

DISCUSSION: Council Member Diaz explained his vote noting the funds are not City funds and cited the potential consequences to Anaheim tourism and Convention Center sales. He emphasized he does not support the company.

Mayor Aitken noted the tough situation and the need for a functioning tourist bureau.

MOTION: Mayor Aitken moved to direct staff to explore potentially pausing the City as a vehicle to direct funds to Visit Anaheim until after conclusion of the State Audit, to explore whether Visit Anaheim is allowed to subcontract with the Anaheim Chamber of Commerce for services, and to look into amending Visit Anaheim’s contract to allow the City full access to their budget as part of their yearly reporting requirement, 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.

MOTION: Mayor Aitken moved to direct staff to explore potentially pausing the City as a vehicle to direct funds to Visit Anaheim until after conclusion of the State Audit.

DISCUSSION: Council Member Meeks inquired about the Chamber’s relationship with Visit Anaheim outside of the ATID funds. She cited concerns regarding interference with the companies’ private agreement.

In response to Council Member Kurtz, Mayor Aitken clarified the proposed action.

In response to Council Member Diaz, Executive Director Morton clarified there are two contracts with Visit Anaheim, a Master Agreement and a separate agreement for the $6.5 million. City Attorney Fabela added through the Master Agreement, Visit Anaheim distributes funds to the Chamber of Commerce.

City Council Minutes of August 15, 2023

In response to Mayor Pro Tem Rubalcava, Executive Director Morton explained there is a clause in the Master Agreement to prevent Visit Anaheim from subcontracting.

City Manager Vanderpool added that administratively the City ceased all contracts and relationships with the Chamber of Commerce until the City gathered additional information.

Council Member Diaz expressed concerns regarding prohibiting private companies from contracting with one another.

MOTION: Mayor Aitken moved to direct staff to explore potentially pausing the City as a vehicle to direct funds to Visit Anaheim until after conclusion of the State Audit and to explore whether Visit Anaheim is allowed to subcontract with the Anaheim Chamber of Commerce for services seconded by Council Member Leon.

DISCUSSION: Mayor Aitken expressed interest in obtaining access to Visit Anaheim’s budget and requiring more detailed annual reports from Visit Anaheim.

MOTION: Mayor Aitken moved to explore amending Visit Anaheim’s contract to allow the City full access to their budget as part of their yearly reporting requirement, seconded by Council Member Leon.

DISCUSSION: In response to Council Member Kurtz, Executive Director Morton confirmed that Visit Anaheim is a 501(c)(6) non-profit. He explained the difference between a 501(c)(3) business between a 501(c)(6). Council Member Kurtz noted the forms to be filed are public records and can be reviewed by the City.

In response to Mayor Pro Tem Rubalcava, Executive Director Morton explained Visit Anaheim is a subcontractor of the City.

Mayor Aitken clarified the City would not advise the Visit Anaheim Board over their daily operations.

In response to Council Member Diaz, Executive Director Morton detailed Visit Anaheim’s services to the City. He clarified they market on behalf of the City for tourism and scheduling the Convention Center. He noted the contract was executed in 2010.

Council Member Faessel added the Orange County Visitors Authority dates back to 1966. Executive Director Morton noted the Orange County Visitors Authority currently does business as Visit Anaheim.

City Attorney Fabela clarified the motion being considered.

Mayor Pro Tem Rubalcava cited the City Council’s fiduciary responsibility due to recent findings regarding the use of funds.

Council Member Leon added the concern is that the City provided the funds to Visit Anaheim.

MOTION: Mayor Aitken moved to direct staff to explore potentially pausing the City as a vehicle to direct funds to Visit Anaheim until after conclusion of the State Audit and to explore whether Visit Anaheim is allowed to subcontract with the Anaheim Chamber of Commerce for services 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 August 15, 2023

23. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rescinding Resolution No. 2021-031 and authorizing the City Manager to enter into agreements on behalf of the City when the contract amount does not exceed One Hundred Thousand Dollars; restating the City Manager’s authority to submit grant applications, resolve worker’s compensation claims, and delegate limited contractual authority to Executive Managers of the City; restating the City Attorney’s authority to take certain specified actions in defense of the City; and amending Council Policy 4.1.

DISCUSSION: Mayor Aitken stated she supported this item to move toward more transparency in City government and it was not directed toward a specific person. She noted the proposed reduction of the City Manager’s signing authority was a recommendation as a result of the State audit. She requested that contracts executed by the City Manager be uploaded to the City Manager’s website and notify the City Council of new contracts signed within 72 hours.

Council Member Diaz expressed concerns with the fluctuations over the past several years of the City Manager’s signature authority, given there is no evidence of the current City Manager abusing his authority. He noted City Manager Vanderpool’s character and integrity and encouraged his Council colleagues to compare signing authorities with similar cities.

Council Member Kurtz agreed with Council Member Diaz and noted that this matter should be taken out of the political realm and that future City Councils should base their assignment of signature authority on a reasonable metric. She requested additional information and a plan to proceed with revising the City Manager’s signature authority.

Mayor Aitken suggested that the City Manager’s signing authority match the County’s policy similar to the City’s policy on campaign contributions. Council Member Kurtz expressed she did not wish to lower the City Manager’s signing authority and expressed concern with previous changes to the signing authority.

Mayor Pro Tem Rubalcava supported making contracts accessible and notifying the City Council via email whose subject line states “Contracts.” She preferred to explore what other cities are doing and emulate their best practices.

Council Member Meeks expressed concern that reducing the City Manager’s signature authority could limit the City’s ability to react quickly in emergencies or other similar situations. She was in favor of making contracting information more transparent.

In response to Council Member Leon, City Manager Vanderpool noted that he remains consistently sensitive to the City Council’s interest in certain contracts and will often bring certain items under his signature authority for City Council consideration in a public meeting. City Manager Vanderpool noted the sensitive nature of policy decisions and the discretion to bring items to the City Council for approval.

MOTION: Council Member Leon moved to explore best practices in comparison to other cities and the County of Orange, to post contracts on the City’s website, and for the distribution of contracts to the City Council, seconded by Mayor Aitken.

DISCUSSION: Mayor Pro Tem Rubalcava clarified the motion does not include reducing the City Manager’s signing authority.

City Council Minutes of August 15, 2023

Council Member Faessel referred to the recommendations made by the JL Group and stated the City could benefit from the recommendation for an ethics officer and also strengthen the provisions related to the Council-Manager form of government. He cited his previous experience on Boards and Commissions and the signature authorities of other local agencies.

In response to Council Member Diaz, City Manager Vanderpool confirmed that Public Works contracts must come to the City Council for award and that there are established City purchasing and contracting processes that must be adhered to, including the Request for Proposals (RFP) and professional services agreements procedures.

MOTION: Council Member Leon moved to explore best practices in comparison to other cities and the County of Orange, to post contracts on the City’s website, and for the distribution of contracts to the City Council, seconded by Mayor Aitken. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.

25. Discuss and provide any direction to staff regarding the creation of a City Hall Worker Protection ordinance that implements whistleblower and other protections for City employees.

DISCUSSION: Mayor Aitken noted the item is being brought forward in response to media articles and noted the Administrative Regulations do not encompass a reporting hotline for City Hall employees. She requested consideration to develop a policy to report credible threats.

Council Member Faessel concurred with the recommendations for an ethics officer position and also noted that elected and appointed officials and certain employees have to complete State-mandated ethics training.

In response to Mayor Pro Rem Rubalcava, City Attorney Fabela noted he would follow up with information concerning whether State and Federal protections cover municipal officials and employees. Mayor Aitken noted the City’s current administrative regulation and that it abides by Fair Employment Housing Act policies. She requested further exploration to strengthen the reporting procedures against elected officials. Mayor Pro Tem Rubalcava requested additional information prior to implementing a policy.

City Manager Vanderpool noted that the public should feel safe within the City and the information of an alleged threat was provided over a year after the action occurred. He highlighted provisions are in place to ensure workplace safety.

Council Member Diaz expressed that workplace safety and reporting provisions are already in place and inquired as to the purpose of the new proposed ordinance or policy. City Attorney Fabela stated the current protections could be emboldened with additional information and procedures on how to act if a report is made. Council Member Diaz suggested advertising the current reporting guidelines to employees.

Mayor Aitken inquired if the reporting hotline could replicate the City’s current fraud hotline.

Council Member Meeks inquired about additional training and information on how to utilize existing resources rather than create a new ordinance that could conflict with future State law.

Council Member Kurtz commented that workplace safety and reporting processes should be emphasized with employees so they are aware of what is available to them.

City Council Minutes of August 15, 2023

In response to Mayor Pro Tem Rubalcava, Deputy Director Beatty noted the fraud hotline is managed by the City Manager’s Office. She noted the City does not have a separate hotline for complaints and confirmed future complaints can be forwarded to Human Resources.

In response to Council Member Leon, City Attorney Fabela noted that even though elected officials are included in the current policies concerning ethics and other workplace safety violations, the City does not have an enforcement mechanism to terminate elected officials as they are elected and not appointed.

Council Member Leon requested additional consideration to make the current policy more accessible to employees.

Mayor Aitken clarified the creation of a hotline would show good faith to City employees.

Council Member Meeks requested renaming the Fraud Hotline to “Ethics Hotline” which can direct the concerns accordingly.

In response to Mayor Pro Tem Rubalcava, City Attorney Fabela clarified current complaints received through the Fraud Hotline are directed to the City Auditor.

MOTION: Council Member Meeks moved to rebrand the current fraud hotline to encompass whistleblower and other protections for City employees, seconded by Mayor Pro Tem Rubalcava.

ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.

26. Discuss and provide any direction to staff regarding strengthening the City’s Lobbying Ordinance as well as exploring a potential council policy requiring City staff and City Council Members to disclose and report meetings with all outside lobbyists.

DISCUSSION: Mayor Aitken suggested discussion of this matter to provide additional transparency concerning City decision-making. She requested the creation of an ad-hoc committee to address transparency.

In response to Council Member Faessel’s concerns about how a proposed ad-hoc committee on the topic would operate, Mayor Aitken noted that recommendations could be developed and then forwarded to the City Council for discussion at a public meeting.

Council Member Kurtz offered initial support for an ad-hoc advisory committee to develop recommendations but with a specific start and end date.

Council Member Meeks supported the exploration of this topic and the development of recommendations as a limited endeavor and also supported further education of the City Council concerning best practices on working with lobbyists and avoiding bias in decision-making. She expressed concerns about assigning a title to the group without it being a public group. City Attorney Fabela advised if a Council Member assigned a name to an advisory group, it would not be subject to the Brown Act unless the City Council voted on the subject.

Mayor Pro Tem Rubalcava inquired how enforcement of such an ordinance would be implemented and noted she would prefer that potential and proposed recommendations be formulated in a public forum, rather than via an ad-hoc committee.

City Council Minutes of August 15, 2023

Council Member Diaz expressed support for the ability of individuals and groups to legally petition their government and that the City avoid any actions that would restrict these principles.

Council Member Leon expressed support for campaign disclosure best practices and any proposed processes that would allow the City Council to increase public trust and transparency in the decision- making process.

In response to Mayor Aitken, City Manager Vanderpool stated the City Council provided input and direction and staff could return to the City Council with mechanisms to address education, training, enforcement, an ad-hoc advisory committee, and other options concerning strengthening the existing Lobbying Ordinance.

Mayor Aitken expressed concerns regarding the timing to address the concerns and move forward.

She requested comparing practices with comparable cities Mayor Pro Tem Rubalcava requested support for a proposed ordinance to require City staff and the City Council to disclose meetings with lobbyists.

MOTION: Mayor Pro Tem Rubalcava moved to direct staff to return with a recommendation for a lobbying ordinance including City Council members and City Executive staff, seconded by Mayor Aitken.

DISCUSSION: In response to Council Member Diaz, City Clerk Theresa Bass provided historical information and details as to the process and provisions concerning the current Lobbying Ordinance.

City Clerk Bass noted the Lobbyist program was established in 2017 and established the definition of a lobbyist, guidelines, and filing obligations. She noted lobbyist information is posted on the City’s website including filing fees and quarterly reports. City Clerk Bass highlighted within 15 days of lobbying the City or any regional agency, the lobbyist must register with the City Clerk’s Office and pay a filing fee which is established by resolution. City Clerk Bass provided the definition of a lobbyist as any individual, entity, or organization that receives or is entitled to receive $500 or more other than reimbursement for reasonable travel expenses in a calendar month to communicate directly or through their agents with any elected or appointed official for the purpose of influencing legislative or administrative action of the City or any regional agency, oversight, or authority of the City of Anaheim.

She noted the lobbyists must submit a quarterly report within 30 days of the end of each quarter including compensation, dates, times, purpose of the communication, and contributions to elected officials. An annual report is prepared by the City Clerk’s Office noting lobbyists that filed or terminated registration including the information received by the lobbyists. She noted in 2022, a Council Member requested additional enforcement to include penalties for knowingly or intentionally acting as a lobbyist without registering, filing quarterly reports, filing quarterly reports that contain inaccurate information, or concealing or diverting lobbying activities.

Council Member Diaz noted the City went through a very thorough process concerning the development of the existing subject ordinance subsequent to the recent FBI investigation.

Council Member Meeks and Council Member Kurtz requested additional information regarding the definition of a lobbyist and reporting requirements.

Mayor Pro Tem Rubalcava requested exploring enhancing the current lobbyist ordinance to include City staff and Council Members.

City Council Minutes of August 15, 2023

In response to Council Member Meeks, Mayor Pro Tem Rubalcava clarified her request to explore enhancing reporting requirements. Council Member Meeks expressed concerns with potential restrictions to lobby and meetings with elected officials for the benefit of the City.

Mayor Aitken requested an amended motion to work alongside Mayor Pro Tem Rubalcava and the City Attorney’s Office to include options on different definitions of a lobbyist and reporting requirements by other cities.

Council Member Meeks suggested including discussion relating to a potential new policy that would require all City Council Members, as well as the City Manager and Assistant City Manager, to post their work calendars on the City’s website (Item No. 27).

Council Member Leon requested the inclusion of exploring legally allowable enforcement provisions.

City Attorney Fabela advised the City could not impose a penalty higher than a misdemeanor. He clarified the City Attorney’s Office does not have an investigatory unit to address offenses and knowledge of the offenses is information-based or report-based.

Mayor Aitken clarified the current motion includes providing direction to staff to include direction to staff to explore a potential policy that would require all City Council Members, as well as the City Manager and Assistant City Manager, to post their work calendars on the City’s website.

City Attorney Fabela clarified direction includes collaborating with Mayor Aitken and Mayor Pro Tem Rubalcava to explore options on the lobbying ordinance and for disclosure of City calendars and return to the City Council for discussion on recommendations.

MOTION: Mayor Pro Tem Rubalcava moved to work with the Mayor and Mayor Pro Tem to bring back options for strengthening the City’s Lobbying Ordinance as well as a policy for disclosure of City calendars for the Mayor, Council Members, and the City Manager, seconded by Mayor Aitken.

DISCUSSION: Council Member Diaz clarified the direction provided to staff to explore recommendations to the lobbying ordinance and posting of calendars.

MOTION: Mayor Pro Tem Rubalcava moved to work with the Mayor and Mayor Pro Tem to bring back options for strengthening the City’s Lobbying Ordinance as well as a policy for disclosure of City calendars for the Mayor, Council Members, and the City Manager, seconded by Mayor Aitken. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Motion carried.

27. Discuss and provide any direction to staff regarding a potential new policy that would require all City Council Members, as well as the City Manager and Assistant City Manager, to post their work calendars on the City’s website.

The City Council encompassed discussion for Item No. 27 with Item No. 26.

MOTION: Mayor Pro Tem Rubalcava moved to work with the Mayor and Mayor Pro Tem to bring back options for strengthening the City’s Lobbying Ordinance as well as a policy for disclosure of City calendars for the Mayor, Council Members, and the City Manager, seconded by Mayor Aitken. 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 August 15, 2023

28. Nominate and appoint a voting delegate and up to two voting alternates to the League of California Cities Annual Conference, to be held on September 20 – 22, 2023 in Sacramento, California.

APPOINTMENT: Council Member Natalie Meeks
ALTERNATE: City Manager Jim Vanderpool
ALTERNATE:

NOMINATION: Mayor Pro Tem Rubalcava nominated Council Member Meeks as the voting delegate and City Manager Jim Vanderpool as the alternate. ROLL CALL VOTE: AYES – 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES – 0. Nominations approved.

At 12:19 a.m., Mayor Aitken recessed the City Council to Closed Session and reconvened the Anaheim City Council meeting at 1:45 a.m.

REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non-agenda items): None
COUNCIL AGENDA SETTING:

Council Member Kurtz requested an agenda item regarding current and future upgrades to parks in the City as well as information regarding the funding source for the upgrades. She also requested an agenda item to discuss the plan for the undergrounding of existing overhead power lines over the next five years as well as information regarding applicable grants.

Mayor Pro Tem Rubalcava requested an agenda item to further discuss recommendations for transparency in response to the JL Group report.

ADJOURNMENT:

At 1:51 A.M., Mayor Aitken adjourned the City Council meeting in memory of Sarah Alevizon and Fernando Mejia.

Respectfully submitted,
Theresa Bass, CMC
City Clerk