07/18/2023ANAHEIM CITY COUNCIL
REGULAR MEETING OF JULY 18, 2023
Pursuant to Government Code Section 54953, Subdivision (b), the regular meeting included
teleconference participation by Mayor Ashleigh E. Aitken from Loews Regency New York, hotel lobby,
540 Park Avenue, New York, NY 10065. This Notice and Agenda were posted at the teleconference
location. Public comment on the agenda from this address was allowed pursuant to Government
Code Section 54954.3.
The regular meeting of July 18, 2023 was called to order at 4:01 p.m. in the Council Chamber of
Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related
material were duly posted on July 13, 2023, with a revised agenda subsequently posted on July 14,
2023.
MEMBERS PRESENT: Mayor Pro Tern Rubalcava and Council Members Diaz, Leon, Kurtz,
Faessel, and Meeks. Mayor Aitken (via teleconference).
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City
Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: No in -person speakers and no public
comments from the teleconference location
the Closed Session agenda.
No electronic public comments were received related to
CLOSED SESSION: At 4:01 p.m., Mayor Pro Tern Rubalcava recessed to Closed Session for
consideration of the following:
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
One potential case
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Barbara Standley, Adalgisa Jones, and Veronica Chavez, as Proponents of
the Initiative v. Theresa Bass; in her official capacity as the City Clerk of Anaheim; and Bob
Page, in his official capacity as the Registrar of Voters for the County of Orange, Orange
County Superior Court Case No. 30-2023-01335599-CU-WM-CJC
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of the
California Government Code Section 54956.9): One potential case
(A copy of the claim against the City is included in the agenda packet and available for review
by contacting the City Clerk's Office and on-line electronically with the agenda at:
www. anaheim. net/councilagendas.)
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Lopez et al. v. City of Anaheim, et al., USDC Case No. 8:22-cv-01351-
JVS (ADSx)
City Council Minutes of July 18, 2023
Page 2 of 12
5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code
Name of Case: Gaetz et al. v. City of Anaheim, et al., USDC Case No. 5:23-cv-01368
6. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Gretchen R. Beatty, Deputy Human Resources
Director
Name of Employee Organization: International Brotherhood of Electrical Workers (IBEW),
Local 47; and IBEW, Local 47 Part -Time Customer Service Employees; International
Brotherhood of Electrical Workers, Local 47 (Professional Management and Part -Time
Management Units)
At 5:15 p.m., Mayor Pro Tern Rubalcava reconvened the Anaheim City Council.
INVOCATION: Pastor Michael Ceballos, Team Jesus
FLAG SALUTE: Council Member Carlos A. Leon
PRESENTATIONS: Recognize recipients of the Anaheim Public Utilities Scholarship Program
Mayor Pro Tern Rubalcava noted the scholarship program is an opportunity for high school seniors
pursuing a degree in Science, Technology, Engineering, and Mathematics (STEM). She described
the application process and reported the winners receive $5,000 in scholarship funds and a paid
summer internship with Anaheim Public Utilities. She introduced Public Utilities General Services
Officer Melinda Avelino -Walker and Housing and Community Development Workforce Development
Manager Marco Lucero to introduce the recipients and provide background on the program. Ms.
Walker introduced Vincent Lu (University of California, Irvine), Nathan Jimenez (University of
California, Berkeley), and Tristan Lim (University of California, Los Angeles). The last recipient Elise
Huynh (University of California, Irvine) was unable to attend.
Presentation by CalOptima Health and Orange County Social Services Agency
Regarding Medi-Cal Enrollment and Re -Enrollment for Anaheim Residents
CalOptima Health Chief Executive Officer, Michael Hunn introduced himself and County of Orange
Social Services Agency Director, An Tran and reported the presentation will cover the renewal
process for individuals with Medi-Cal insurance. He highlighted CalOptima's Health Mission and
provided examples of individuals eligible to receive Medi-Cal. He reported that CalOptima insures
990,000 individuals in Orange County. The organization established in 1994, has a $4 billion budget,
funded by 90% State tax revenues and 10% by Federal funds. The insurance provided is organized
health care through a network of contracts with providers. He noted that CalOptima is a separate
public agency and not a division of the County of Orange. He detailed the offerings provided including
CalOptima Health Medi-Cal for people at 138% of the federal poverty level, OneCare which combines
Medi-Cal and Medicare for seniors, and PACE a program of All -Inclusive Care for the Elderly. Mr.
Hunn noted CalOptima insures 46% of all Anaheim residents. He highlighted new initiatives including
street medicine which provides urgent care to individuals on the street and California Advancing and
Innovating Medi-Cal (CaIAIM) benefits. Social Services Agency Director An Tran detailed the Medi-
Cal Renewal process including updating contact information online through BenefitsCal.com, via
telephone at 1-800-281-9799, or in person at Social Services Agency Regional Offices; creating or
checking individual's online account, checking renewal dates, and making updates on
City Council Minutes of July 18, 2023
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BenefitsCal.com. He provided additional information regarding checking mail regarding automatic
renewal letters and renewal forms; and completing the renewal form online, by phone, in person, or
by mail. Mr. Tran noted the importance of acting as soon as possible, no later than 60 days. He
provided resources to residents including the phone number for CalOptima Health Customer Service
(1-888-587-8088) and County of Orange Social Services phone number (1-800-281-9799) and the
website BenefitsCal.com. Mr. Hunn showcased a prior community event and detailed CalOptima's
collaboration with the Social Services Agency for Medi-Cal renewals. An event will be held at
Ponderosa Park on July 2911 from 10 a.m. to 2 p.m. for Medi-Cal renewals. He applauded the City
and City Council for the invitation to present along with Mr. Tran. He provided resources and potential
courses of action to distribute the information presented to the public.
Mayor Pro Tem Rubalcava requested that her Council colleagues consider distributing the
information to the public. She noted the City's Chief Communications Officer created a toolkit
to provide the information to Anaheim residents. She thanked Mr. Hunn and Mr. Tran for
presenting.
Senior Citizen Commission Presentation
Senior Citizen Commission Chairwoman Janet Brown provided information on the Senior Citizen
commissioners including Vice -Chair Denise Barnes and Commissioners Victor P. Real, Kandee
Beas, Frances Noteboom, and Steve Brio. Chairwoman Brown detailed the commission's structure
and detailed the commission's goals to advise the City Council on the needs of Anaheim seniors and
ensure aging residents have access to opportunities. She noted the City has the largest percentage
of residents over 65 years of age in Orange County. She highlighted past activities including
navigating challenges brought on by the COVID-19 Pandemic and partnerships with other agencies
and departments to assist seniors. She detailed current activities such as increasing the frequency of
Commission meetings, updating senior webpages and expanding information, and continuing
research on issues affecting Anaheim seniors. Chairwoman Brown recommended the City Council
consider developing a Citywide Active Older Adult Strategic Plan and address service levels to meet
the needs of the aging population in Anaheim. She thanked Community Services Superintendent,
Community Services Supervisor Maureen Richardson, and staff for their support. She acknowledged
the City Council and the City for increased funding for older adult programs in the FY 2022/23 budget.
Council Member Diaz highlighted and thanked Commissioner Victor Real for his service in the
Marines and his continued community involvement. He stressed the importance of increasing
services to senior citizens.
Council Member Meeks thanked the Commission and highlighted that the City is undergoing a
Strategic Plan process.
Council Member Kurtz thanked the Commission for their work and highlighted the increased
services due to increased funding.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing August 2023, as American Muslim Appreciation and
Awareness Month
Hadir Azab, Council on American -Islamic Relations (CAIR) LA Policy & Advocacy Coordinator
accepted the proclamation for American Muslim Appreciation and Awareness Month. She
acknowledged the importance of the recognition to highlight diversity and the importance of inclusion
in society. She expressed gratitude to the Anaheim City Council for their support.
City Council Minutes of July 18, 2023
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Recognizing August 2023, as Chicano Heritage Month
Tony Flores, League of United Latin American Citizens (LULAC) Council 3300 President accepted
the proclamation and provided additional information on LULAC and their mission. He thanked the
City Council for the recognition and highlighted the progress in civil rights since the 1960's.
ADDITIONS/DELETIONS TO THE AGENDA:
City Clerk Theresa Bass noted that Item No. 17, the District 2 Sister City Commission appointment
has been continued to a later date.
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, City Clerk Theresa
Bass provided an outline of procedures for public comments, notice of translation services, and a
brief decorum.
City Clerk Theresa Bass reported a total of 11 public comments were received electronically prior to
5:00 p.m. related to City Council agenda items and matters within the jurisdiction of the Anaheim City
Council. [A final total of 11 public comments were received electronically, distributed to the City
Council, and made part of the official record]. — See Appendix.
Janis Heckel commented on Item No. 2, providing an update on the Anaheim Community
Foundation's work and services.
Tina Riley commented on Item No. 16 expressing support for the City Council's adoption of the
resolution in opposition to the initiative measure.
Cathy Dutton commented on Item No. 16 noting her email correspondence citing her stance on the
item and expressing support for the appointment of Rick Armendariz as the Anaheim Police Chief.
Samantha Marquez commented on Item No. 16 expressing support for the City Council's adoption of
the resolution in opposition to the initiative measure.
Mike Robbins commented on Item No. 3 expressing concerns regarding the legal costs to the City for
actions taken by the City Council, expressing support for additional homeless services, and
requesting the release of the JL Group's report in an unredacted format.
Fred Sigala, Jr. commented on Item No. 3 expressing concerns regarding conduct by Mayor Pro Tern
Rubalcava during the investigation process and requesting the City Council admonish the Mayor Pro
Tern accordingly.
Mark R. Daniels commented on Item No. 16 expressing that the City Council should remove
themselves from the special election process.
Cindy Smith commented on Item No. 16 expressing support for the City Council's adoption of the
resolution in opposition to the initiative measure.
Aida Garcia commented requesting the City Council take action regarding impacts on mobile home
owners, requesting the adoption of a rent stabilization ordinance, and cited impacts of homelessness
on the mobile home community. She requested periodic visits to the mobile home community to
combat homeless issues.
City Council Minutes of July 18, 2023
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In response to Council Member Meeks, Mayor Pro Tern Rubalcava clarified the location was
Rancho La Paz.
Kelly Laimana commented on Item No. 16 expressing support for the City Council's adoption of the
resolution in opposition to the initiative measure.
Donna Acevedo -Nelson commented on Item No. 2 expressing concerns regarding actions taken by
the Anaheim Police Department and the increase in the compensation for the Chief of Police.
Kenneth Batiste commented on Item No. 2 noting the poverty divide in the Country and requesting
additional services and rent control for underserved Anaheim communities, and expressed concerns
regarding Rancho La Paz.
Mayor Aitken reported no public comments on agenda items from the teleconference location.
Cecil Jordan Corkern commented citing actions by Donald Trump, expressing concerns with actions
taken by Disney, and expressing his personal faith beliefs.
Linda Newby invited the City Council and community to the 601h anniversary of the Central Library
Building.
Bryan Kaye commented citing his recent meeting with Mayor Pro Tern Rubalcava and expressing
concerns regarding actions taken by the Anaheim Police Department.
Mazatl Tecpatl Tepehyolotzin requested the City take an inclusive approach by removing offensive
mascots and expressing concerns regarding the historic treatment of local indigenous peoples.
Art Castillo expressed concerns regarding previous actions taken by the City during his employment
and requesting clarification as to his termination.
Marc Herbert commented expressing concern regarding his submission of written correspondence to
the Planning Commission with suggestions for affordable housing, summarizing the Planning
Commission meeting process, and requesting the status of the Fire Station 12 project.
Len Beckman thanked the City Council for their service, sharing his perspective on historic events in
Anaheim, and requesting compassion for residents and impacts to their lives, especially children who
are victims of crime.
Joel Yesowitch requested assistance related to alleged code violations at his current residence.
Vern Nelson expressed concerns regarding actions taken by Disney and previous City Councils
related to alleged subsidies.
Mayor Aitken reported no general public comments from the teleconference location.
City Council Minutes of July 18, 2023
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COUNCIL COMMUNICATIONS:
Council Member Faessel requested the meeting adjourn in memory of his longtime friend and
Anaheim resident Richard (Dick) Wolsfelt. He shared that he received a preview of the floats for the
Anaheim Halloween Parade and participated in the Anaheim Fire and Rescue Fire Opts 101 program
to learn more about firefighting and the challenges that firefighters face.
Council Member Kurtz displayed a photograph of the building at the corner of Anaheim Boulevard
and Ball Road and shared that the building is currently being demolished and there will be 8.8 acres
of land for development. She thanked the Economic Development Department for allowing the Fire
and Rescue Department to use the building for training and noted that next month the City Council
will be receiving information regarding a request for proposal for the site.
Council Member Diaz highlighted and displayed photographs of Premium Barbers Barbershop and
shared that the young first -generation barbers at the barbershop work hard, and have fair prices. He
encouraged everyone to support small businesses.
Council Member Leon extended an invitation to everyone for the Back to School Bash at James
Madison Elementary School on Saturday, August 12, 2023 from 10 a.m. to 2 p.m. There will be fun
games, activities, resources, health services, and a backpack and school supplies giveaway. The
event is open to elementary, junior high and high school students and their families. He attended a
non-profit forum hosted by Assembly Woman Sharon Quirk -Silva in District 2 at Gilbert High School
where a number of different non-profit organizations that do good in the community were in
attendance. Attendees were able to learn about resources, grants, and information available. Council
Member Leon thanked Anaheim Fire and Rescue for organizing the Fire Opts 101 training. He shared
that he was able to put himself in the shoes of the first responders and now has a better appreciation
for first responders. Council Member Leon highlighted and displayed photographs of La Herradura
Western Wear the July business of the month and noted that this is an immigrant small family -owned
business off Euclid. He shared that the owners Sylvia and Emilio Jaime's are from Zacatecas and
Michoacan. There is an obvious sense of pride when entering the shop and there is high quality
clothing and accessories. He encouraged everyone to stop by the shop and check it out. Council
Member Leon also highlighted and displayed photographs of Mamma Cozza's the July restaurant of
the month. Frank Cozza Senior, who was also an Anaheim Police Department officer, opened the
restaurant in 1965 and his legacy continues with the next generation of the Cozza family. The
restaurant serves good pizza and food and offers a warm and family -friendly hospitality. He thanked
the entire Cozza family for their hard work, dedication, and vision that has made the restaurant an
integral part of the community for 58 years.
CITY MANAGER'S UPDATE: None
CONSENT CALENDAR:
Member Diaz pulling Item No.
discussion and consideration.
At 7:13 p.m., the Consent Calendar was considered with Council
3 and Council Member Meeks pulling Item No. 2 for separate
MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and
adopt the balance of the consent calendar as presented, in accordance with reports, certifications,
and recommendations furnished each City Council Member, seconded by Council Member Leon.
ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz,
Faessel, and Meeks); NOES — 0. Motion carried.
City Council Minutes of July 18, 2023
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B105 1. Receive and file minutes of the Library Board meeting of June 12, 2023 and the Public Utilities
Board meeting of May 24, 2023.
D160 4. Authorize the Police Department to implement a hiring incentive program to attract qualified
police officer candidates through June 30, 2024, in the estimated amount of $750,000.
D175 5. Approve the tenant relocation services cost of $1,725,000 and facility improvement design
cost of $300,000 for a total cost of $2,025,000 for a certain property for use by the Anaheim
Police Department and the Public Works Department to secure police evidence, city vehicle
storage, and equipment; and authorize the City Manager, or designee, to establish an escrow
account for relocation services and to manage the facility improvement design contracts.
D180 6. Authorize the Purchasing Agent to take necessary actions to process the payment to R.J.
Noble Company, in the amount of $272,280.56, for providing asphalt concrete materials and
dumping services for expenses incurred above existing contract limits due to unanticipated
volume of maintenance projects.
D180 7. Accept the bid from American Equipment, in the amount of $56,250 plus a 20% contingency,
to perform repairs for cranes and hoists on an as -needed basis for a one year period with four
optional one-year renewals; and authorize the Purchasing Agent to execute the renewal
options in accordance with Bid #9670.
D180 8. Accept the bid of Pricon, Inc., in the amount of $401,365.60 plus applicable tax, for the
purchase of Aruba wireless & ClearPass equipment for use by the Information Services
Division to upgrade the current legacy wireless network system in accordance with Bid #9700.
9. Accept the bid from Bound Tree Medical, LLC, in the amount of $105,571.56 plus applicable
D180 tax and a 25% contingency, for the purchase of pharmaceutical supplies for a one year period
with four one-year optional renewals; and authorize the Purchasing Agent to exercise the
renewal options in accordance with Bid #9690.
10. Waive the competitive proposal requirements of Council Policy 4.1 and approve the Second
AGR-11159.2 Amendment to Agreement, in substantial form, with Backdraft OPCO, LLC dba Emergency
Reporting, in an amount not to exceed $67,512.60, extending the contract term by one year
for a Fire Records Management System; authorize de minimis changes to the Amendment
that do not substantially change the terms and conditions as determined by the City Attorney's
Office; and authorize the Fire Chief, or designee, to execute and administer the amendment.
11. Waive the competitive proposal requirements of Council Policy 4.1 and approve an agreement
AGR-14221 with Jonathan Price Design, in an amount not to exceed $40,000 annually, for graphic design
services for a one year term with two one-year optional renewals; and authorize the City
Manager, or designee, to execute any related documents and to administer the agreement.
12. Approve a Professional Services Agreement (Agreement) with American Global Security, Inc.,
AGR-14222 in an amount not to exceed $375,000 per year, to provide unarmed security services at one or
more Anaheim Public Utilities facilities for a three year term with up to two one-year
extensions; and authorize the Public Utilities General Manager, or designees, to execute and
deliver the Agreement and related documents and to take the necessary actions to implement,
fund, and administer the Agreement.
City Council Minutes of July 18, 2023
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13. Approve an agreement with Valiant Global Defense Services, Inc., in an amount not to exceed
AGR-14223 $2,553,812, for intelligence analyst services for a one year period with up to four one-year
optional renewals, with a total contract not to exceed amount of $13,532,005, with costs
reimbursed by the Urban Areas Security Initiative (UASI) grant funding; and authorize the
Chief of Police to execute any amendments or renewal options under the terms and
conditions of the agreement.
14. RESOLUTION NO. 2023-064 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a
AGR-14224 grant on behalf of the City of Anaheim for the Fiscal Year 2023/24 Cannabis Tax Fund Grant
Program, authorizing the Chief of Police, or his designee, to execute all required grant
documents, and increasing the budget for the Fiscal Year 2023/24 accordingly (grant funds in
the amount of $131,800).
15. RESOLUTION NO. 2023-065 A RESOLUTION OF THE CITY COUNCIL OF THE
D182 CITY OF ANAHEIM to order discontinuance of Water Reduction Plan II and to order
implementation of Water Reduction Plan I pursuant to Chapter 10.18 of the Anaheim
Municipal Code (lowering of Water Reduction Plan to Level I in response to increased water
supplies).
BUSINESS CALENDAR:
2. Approve the appointment made by the City Manager of Rick Armendariz to the position of
Chief of Police, effective August 18, 2023, approve the associated employment agreement,
AGR-14220 and authorize the City Manager to execute the agreement.
DISCUSSION: Council Member Meeks invited new Chief of Police Rick P. Armendariz forward to be
recognized. She expressed delight regarding the Chief's history with the City.
Mayor Pro Tern Rubalcava requested an overview of the recruitment process and selection.
City Manager Vanderpool reported following the retirement of the former Chief of Police, the City
contracted with Bob Murray and Associates to conduct a nationwide executive search. The consultant
conducted community meetings, stakeholder discussions, and separate meetings with
representatives of bargaining units representing Anaheim Police Department employees. He added
pursuant to the City Charter he is appointing Deputy Chief Rick Armendariz as Chief of Police. He
provided background on Chief Armendariz's 18-year law enforcement career, education, and
certifications. The appointment would commence on August 18, 2023.
Council Member Kurtz congratulated Chief Armendariz.
Council Member Diaz congratulated Chief Armendariz.
MOTION: Council Member Diaz moved to approve the appointment made by the City Manager of
Rick Armendariz to the position of Chief of Police, effective August 18, 2023, approve the associated
employment agreement, and authorize the City Manager to execute the agreement.
DISCUSSION: Council Member Faessel recalled his service with Chief Armendariz on the Anaheim
Community Foundation Board. He noted Chief Armendariz's empathy and patience with the
community and congratulated him on the appointment.
City Council Minutes of July 18, 2023
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Council Member Leon echoed the comments of his Council colleagues. He congratulated Chief
Armendariz and looks forward to working with him.
Mayor Aitken congratulated Chief Armendariz and expressed excitement to work with the Chief to
improve public safety in the City. She thanked the City Manager's Office for their work on the national
recruitment process.
Mayor Pro Tern Rubalcava recognized the men and women who attended to support Chief
Armendariz. She highlighted the importance of the Chief of Police position and thanked Chief
Armendariz's quick response to increased crime in District 3 and his support to the community.
Prior to the vote, City Clerk Bass announced pursuant to Government Code Section §54953 the
appointment of the Chief of Police at a salary of $310, 648 and all benefits as provided in the
employment agreement in the publicly noticed agenda packet and on the City's website.
MOTION: Council Member Diaz moved to approve the appointment made by the City Manager of
Rick Armendariz to the position of Chief of Police, effective August 18, 2023, approve the associated
employment agreement, and authorize the City Manager to execute the agreement, seconded by
Council Member Meeks. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members
Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES — 0. Motion carried.
Following the vote, Chief Armendariz expressed appreciation for the support of his family, colleagues,
friends, and the community. He thanked the City Manager, Mayor, Mayor Pro Tem, and the City
Council for their trust in his appointment. He expressed his commitment to the Anaheim community
and his excitement to serve with his peers. He highlighted his commitment to the Anaheim Police
Department staff to ensure each person receives the best training, guidance, and equipment to
succeed. He thanked his family for their endless support.
D112 3. Waive the attorney -client privilege that currently attaches to the investigation report prepared
by JL Group, LLC ("JL Group") so that a redacted report can be prepared for public release;
and waive the attorney -client privilege for the specific and limited purpose of allowing the
California Attorney General and the Federal Bureau of Investigation access to a confidential
unredacted copy of the JL Group report.
DISCUSSION: Council Member Diaz referenced a public comment received requesting a full release
of the JL Group report without redactions pursuant to the California Public Records Act.
In response to Council Member Diaz, Chief Assistant City Attorney Kristin Pelletier reported the
redacted information is subject to attorney -client privilege which can only be waived by the City
Council. She emphasized the action presented to the City Council is to waive the release of the
redacted report. She advised redactions also included private employee information. She noted the
investigators and outside counsel recommended the redactions to protect employees' privacy.
Council Member Diaz requested additional information on the waiver of attorney -client privilege
Chief Assistant City Attorney Pelletier clarified the waiver is for the report to be released including
redactions for underlying privileges. She referred to the City Council's previous direction to prepare a
redacted report, however, it did not include the waiver to release the report publicly. She clarified the
item was brought back to formally authorize the release of the redacted report.
City Council Minutes of July 18, 2023
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Council Member Diaz emphasized he and his Council colleagues have not seen the report.
In response to Council Member Meeks, Chief Assistant City Attorney Pelletier clarified the action from
the previous Council did not include consideration for information protected by privacy laws.
In response to Council Member Faessel, Chief Assistant City Attorney Pelletier noted the City Council
approved the release of the unredacted report to the Orange County District Attorney (OCDA) in
February. She clarified the request to release the report to the California Attorney General and
Federal Bureau of Investigation (FBI) is to grant them the same access as the OCDA.
In response to Council Member Leon, Chief Assistant City Attorney Pelletier clarified the two actions
before the City Council. The first is to waive the privilege that is attached to the entirety of the report
to allow the release of the redacted report to the public. The second is to release an unredacted
report to the California Attorney General's Office and the FBI.
Council Member Leon expressed support for releasing the report to the FBI and Attorney General's
Office. He requested additional information on a timeline for the release of the redacted report. Chief
Assistant City Attorney Kristin Pelletier explained the redacted report would be available closer to the
end of the month.
In response to Council Member Leon, Chief Assistant City Attorney Pelletier responded herself,
Director of Human Resources Linda Andal, Special Counsel Scott Tiedemann, and the District
Attorney have received the report. She noted the City Council would receive the unredacted report at
the same time as the release of the public report. She noted the reason for the timeline is to exhibit
that the City Council is not involved in determining which elements of the report are redacted.
MOTION: Council Member Meeks moved to waive the attorney -client privilege that currently attaches
to the investigation report prepared by JL Group, LLC ("JL Group") so that a redacted report can be
prepared for public release; and waive the attorney -client privilege for the specific and limited purpose
of allowing the California Attorney General and the Federal Bureau of Investigation access to a
confidential unredacted copy of the JL Group report, seconded by Council Member Leon. ROLL
CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel,
and Meeks); NOES — 0. Motion carried.
16. RESOLUTION NO. 2023-066 A RESOLUTION OF THE CITY COUNCIL OF THE
E127 CITY OF ANAHEIM opposing Measure A (Hotel and Event Center Minimum Wage, Worker
Retention, and Hotel Worker Safety and Workload Initiative Ordinance) submitted to the
voters of Anaheim at a Special Municipal Election to be held on Tuesday, October 3, 2023.
DISCUSSION: Council Member Meeks highlighted the importance of the City Council's opinion on the
matter. She cited economic impact concerns as mentioned in the economic study report as a result of
the initiative measure as written.
Mayor Pro Tern Rubalcava outlined the impacts on the City should the initiative become effective
including decreased funding for essential services.
Council Member Diaz emphasized the economic impacts to the City's economy as a result of the
initiative measure.
City Council Minutes of July 18, 2023
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MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2023-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM opposing Measure A (Hotel
and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload
Initiative Ordinance) submitted to the voters of Anaheim at a Special Municipal Election to be held on
Tuesday, October 3, 2023.
DISCUSSION: Council Member Kurtz emphasized the importance of increasing senior services,
which would be jeopardized if the City experiences revenue losses. She emphasized local
government does not have jurisdiction over business operations. She announced her support of the
item.
Council Member Leon echoed his comments from the June 13' City Council meeting on the need for
the City Council to provide unbiased, impartial, and factual information to the public related to the
measure.
Mayor Aitken echoed Council Member Leon's comments and expressed concerns over the City
Council taking a position on the initiative measure.
Mayor Pro Tern Rubalcava cited the Council Member's responsibilities to make informed decisions on
behalf of their constituents. She highlighted her support for the item.
Council Member Meeks explained while working with the City Attorney on the item, she was mindful
of providing factual information to residents.
Mayor Aitken clarified her comments were not toward the nature or veracity of the information
provided in the resolution.
MOTION: Council Member Diaz moved to approve RESOLUTION NO. 2023-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM opposing Measure A (Hotel
and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload
Initiative Ordinance) submitted to the voters of Anaheim at a Special Municipal Election to be held on
Tuesday, October 3, 2023, seconded by Council Member Meeks. ROLL CALL VOTE: AYES — 5
(Mayor Pro Tem Rubalcava and Council Members Diaz, Kurtz, Faessel, and Meeks); NOES — 0;
ABSTAIN - 2 (Mayor Aitken and Council Member Leon). Motion carried.
B105 17. District 2 appointments to the Senior Citizen Commission and Sister City Commission to terms
ending December 31, 2026.
Senior Citizen Commission
District 2 appointment Sue Baltazar (term ending December 31, 2026)
NOMINATION: Council Member Leon nominated Sue Baltazar. ROLL CALL VOTE: AYES — 7
(Mayor Aitken and Council Members Diaz, Leon, Rubalcava, Kurtz, Faessel, and Meeks); NOES — 0.
Motion carried. Nomination approved.
Sister City Commission
District 2 appointment
District 2 appointment continued to a later date.
(term ending December 31, 2026)
City Council Minutes of July 18, 2023
Page 12 of 12
At 7:47 p.m., the City Council recessed to Closed Session.
At 9:37 p.m., Mayor Pro Tem Rubalcava reconvened the Anaheim City Council.
REPORT ON CLOSED SESSION ACTIONS: City Attorney Robert Fabela announced that the
City Council authorized the initiation of receivership litigation for Closed Session Item No. 1.
PUBLIC COMMENTS (non -agenda items): None
COUNCIL AGENDA SETTING:
Council Member Leon requested a retirement recognition for California Highway Patrol Officer Tyrone
Bennett and a recognition for Linbrook Bowl for their 65-year anniversary.
Mayor Pro Tem Rubalcava requested a review and discussion of the Youth Commission and
recommendations to eliminate the Brown Act requirement for their meetings.
City Attorney Fabela noted the City Council created the Commission which made it subject to
the requirements of the Brown Act.
ADJOURNMENT:
At 9:42 P.M., Mayor Pro Tem Rubalcava adjourned the City Council meeting in memory of Richard
(Dick) Wolsfelt.
Respectfully submitted,
eresa Bass, CMC
City Clerk
Susana Barrios
From: Theresa Bass
Sent: Tuesday, July 18, 2023 8:54 AM
To: Public Comment
Subject: Fwd: [EXTERNAL] Measure A
Begin forwarded message:
From: Roxane Cornell
Date: July 18, 2023 at 8:44:04 AM PDT
To: aaiken@anaheim.net, Natalie Rubalcava <NRubalcava@anaheim.net>, Jose Diaz
<JoDiaz@anaheim.net>, "Carlos A. Leon" <CLeon@anaheim.net>, "Norma C. Kurtz"
<NKurtz@anaheim.net>, Stephen Faessel <SFaessel@anaheim.net>, Natalie Meeks
<NMeeks@anaheim.net>
Cc: Theresa Bass <TBass@anaheim.net>, citymanger@anaheim.net
Subject: [EXTERNAL] Measure A
Warning: This email originated from outside the City of Anaheim. Do not click links or open
attachments unless you recognize the sender and are expecting the message.
Dear City Council,
I first like to thank all of you for your dedication to the City of Anaheim! I am a long time resident
of Anaheim in District 2, I am also employed locally.
In regards to Measure A you are confirming that Anaheim would NEGATIVELY impacted if it
were to pass as it would lead to grave economic consequences for not just business but for residents!
My family and I have disused that if measure A passes, we will sell and move out of state! This
measure would take away so many jobs, and the quality of our life would change negatively! We
agreed it would be better to sell and get out. I would hate to live where are streets can't be safe
because of the job intact that it would cause!
I am sincerely grateful that you recognize the damaging impact Measure A would have on our entire
community! I beg you to adopt the resolution to officially oppose Measure A
Sincerely,
Roxane Cornell
Local resident district 2
Susana Barrios
From: Public Comment
From:
Date: July 18, 2023 at 8:19:52 AM PDT
To: Ashleigh Aitken <AAiLken % are i�eirrr.n t>, Natali Rudometkin <NRudometldn.@ i�Lum.net>, Jose Diaz
<JoDiaz anaheim.net> "Carlos A. Leon" <Cl.eon anaheim.net> "Norma C. Kurtz" <Nl<urtz (x�anaheim.n t>, Stephen
_..._.._..._....__...... � .. .........._ _ __.._ _ _.._..----------
Faessel < Faes>el c an heim.net>, Natalie Meeks <NMeeks.@anaheim.net>
Cc: Jim Vanderpool <JVandeMoolCZQanaheim.net>, Theresa Bass <TBassanaheim.net>
Subject: [EXTERNAL] Resolution to Officially Oppose Measure A
Warning: This email originated from outside the City of Anaheim. Do not click links or open
attachments unless you recognize the sender and are expecting the message.
Dear Mayor and City Councilmembers,
A quick note of thanks for your dedication to the City of Anaheim, our neighborhoods, communities, and
residents.
We appreciate your recognizing that Measure A would lead to grave economic consequences to the
small business community, residents and vital services the city provides to our community.
I urge you to adopt the resolution to officially oppose Measure A.
Sincerely,
Cathy Dutton
District 3, Small Business
wo I
R�EAI,I'Y & Y
Susana Barrios
From: Theresa Bass
Sent: Monday, July 17, 2023 5:32 PM
To: Public Comment
Subject: Letter to Council RE Agenda Item 16 (Reso Opposing Measure A)
Attachments: Outlook-dqnnurrr; Letter to Council RE 7-18-2023 Agenda Item 16.pdf
From: Laura Cunningham <Laura@anaheimchamber.org>
Sent: Monday, July 17, 2023 5:26 PM
To: Ashleigh Aitken <AAitken@anaheim.net>; Natalie Rubalcava <NRubalcava@anaheim.net>; Jose Diaz
<JoDiaz@anaheim.net>; Carlos A. Leon <CLeon@anaheim.net>; Norma C. Kurtz <NKurtz@anaheim.net>; Stephen
Faessel <SFaessel@anaheim.net>; Natalie Meeks <NMeeks@anaheim.net>
Cc: Theresa Bass <TBass@anaheim.net>; City Manager <Citymanager@anaheim.net>
Subject: [EXTERNAL] Letter to Council RE Agenda Item 16 (Reso Opposing Measure A)
Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments
unless you recognize the sender and are expecting the message.
Dear Mayor Aitken and members of the City Council:
Please find letter of support for Agenda Item 16 on tomorrow's Council agenda.
LAURA CUNNINGHAM
President & CEO
C•fil[W.-IonM
July 17, 2023
Anaheim City Council
200 S. Anaheim Blvd.
Anaheim, CA 92805
RE: Agenda Item 16 — Resolution Opposing Measure A
Dear Mayor Aitken and Members of the City Council:
The Anaheim Chamber of Commerce supports Agenda Item 16 on the July 18
Council agenda to adopt a resolution in opposition to Measure A on the October 3
special election ballot.
The Baker Tilly fiscal impact analysis commissioned by the City found that the
passage of Measure A would mean the impact on just the Anaheim Convention
Center alone would cost the City budget nearly $9 million in reduced revenues.
As we know, the initiative has a far broader impact, applying to every hotel and
every event center in Anaheim. It is safe to say the negative impact on city
revenues will be significantly higher than simply the $9 million hit from decreased
Convention Center revenues.
The Beacon Economics fiscal impact analysis commissioned by the City Council
found Measure A will cost Anaheim taxpayers at least $4 million each year from
reduced hotel tax revenue. At the June 13 Council meeting, the City's Finance
staff estimated that Measure A's costs to the City budget would rise to $68 million
per year within a decade.
Measure A is a ticking time bomb that imposes destructive, complicated and
onerous work rules that will make it difficult, if not impossible, for the many
family -owned, independent hotels in Anaheim to operate.
Measure A will triple or even quadruple housekeeping costs. The costly litigation
stemming from even minor failures to comply with the initiative's byzantine rules
could prove ruinous for many Anaheim businesses. It is a gift to trial attorneys
looking to profit from lawsuits over technical issues.
A wide array of non -hotel event centers ranging from miniature golf courses to
bowling alleys to nonprofit organizations to houses of worship would also be
devastated by the impacts of Measure A.
Further, Measure A requires the City to construct a bureaucracy to respond to
complaints resulting from this measure. The Baker Tilly report commissioned by
2099 S. State College Blvd., Suite 650 Anaheim, CA 92806 T (714) 758-0222 AnaheimChamber.org
Anaheim City Council
July 18, 2023
Page 2 of 2
the City estimates it will cost the City at least $750,000 per year to set up the unit
to respond to Measure A complaints.
We thank Councilmember Natalie Meeks for asking for Agenda Item 16 to be
agendized for the City Council to formally oppose Measure A.
On behalf of the members of the Anaheim Chamber of Commerce and the broader
Anaheim business community, I urge the council to approve Agenda Item 16 to
oppose Measure A.
Sinc,rely,
Laura 'Cunningham
President and CEO
Anaheim Chamber of Commerce
2099 S. State College Blvd., Suite 650 Anaheim, CA 92806 T (714) 758-0222 AnaheimChamber.org
Susana Barrios
From: Theresa Bass
Sent: Monday, July 17, 2023 11:00 PM
To: Public Comment
Subject: FW: [EXTERNAL] AOCHLA letter re. Item 16 - Resolution in opposition to Measure A
Attachments: 2023-07-17 AOCHLA letter re. Item 16 - Resolution in opposition to Measure A.pdf
From: Nadine Barragan <nadine.barragan@aochla.com>
Sent: Monday, July 17, 2023 2:40 PM
To: Ashleigh Aitken <AAitken@anaheim.net>; Natalie Rubalcava <NRubalcava@anaheim.net>; Norma C. Kurtz
<NKurtz@anaheim.net>; Jose Diaz <JoDiaz@anaheim.net>; Carlos A. Leon <CLeon@anaheim.net>; Stephen Faessel
<SFaessel@anaheim.net>; Natalie Meeks <NMeeks@anaheim.net>
Cc: Samantha Marquez <samantha.marquez@aochla.com>; samantha.marquez@presidiocomms.com;
daniel@presidiocomms.com; Berenice Ballinas <BBallinas@anaheim.net>; Melissa O. Cuevas <MCuevas@anaheim.net>;
Robert Mendoza <RMendoza@anaheim.net>; Sarah Bartczak <SBartczak@anaheim.net>; Taylor N. Griffin
<TGriffin@anaheim.net>; Nam Bartash <NBartash@anaheim.net>; Jim Vanderpool <JVanderpool@anaheim.net>;
Theresa Bass <TBass@anaheim.net>
Subject: [EXTERNAL] AOCHLA letter re. Item 16 - Resolution in opposition to Measure A
Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments
unless you recognize the sender and are expecting the message.
Dear Mayor Aitken and Members of the City Council:
For your consideration, please see the attached letter from AOCHLA regarding Item 16 - Resolution in
opposition to Measure A.
Best,
Nadine
July 17, 2023
The Hon. Ashleigh Aitken & Members of the City Council
City of Anaheim
200 S. Anaheim Boulevard, 7th Floor
Anaheim, CA 92805
Subject: July 18, 2023 City Council Meeting Agenda Item 16 - Strong Support
Dear Mayor Aitken and Members of the City Council:
On behalf of the Anaheim/Orange County Hotel and Lodging Association (AOCHLA) and its members, I
write in strong support of Item 16 of the agenda for the July 18, 2023 meeting of the City Council.
Over the last several months, Anaheim's hotel and lodging industry and industry -adjacent businesses have
sought to make clear that Measure A would be devastating for Anaheim's hotels, Anaheim's budget, and
Anaheim's residents. With the City Council's guidance, the City commissioned multiple independent
studies of Measure A's impacts, which found that the measure would have significant detrimental impacts
on city -owned revenue -generating facilities and on the long-term health of the city's tourism industry.
If Measure A were to pass, very few would benefit in the short term, while a great many would suffer in
the long-term. The implications are stark: job cuts, shuttered hotels, decreased tax revenues, and
ultimately decreased services for Anaheim's residents. Given these, AOCHLA was heartened by the City
Council's decisions to order Measure A to a special election and to submit a ballot argument opposing the
measure. A City Council resolution formally opposing the measure would make the City Council's
position doubly clear and help guide voters with the benefit of the City Council's collective experience,
perspective of fiduciary responsibility, and subject matter expertise. As we enter into what is sure to be a
contested campaign, it is imperative that Anaheim's voters know what Anaheim's leaders know: Measure
A is wrong for Anaheim.
I respectfully request your support of Item 16. Thank you for your kind consideration.
Sincerely,
Executive Director
Susana Barrios
From: Roya Javaherchi
Sent: Tuesday, July 11, 2023 8:29 PM
To: Ashleigh Aitken; Natalie Rubalcava; Jose Diaz; Carlos A. Leon; Stephen Faessel; Norma
C. Kurtz; Natalie Meeks; Public Comment
Cc: Tannaz Razzaghi; Maryam; amir abbas sabei; Mitra Mosallaie
Subject: [EXTERNAL] Re: Anaheim Convention Center
Warning: This email originated from outside the City of Anaheim. Do not click links or open
attachments unless you recognize the sender and are expecting the message.
I must express my deep disappointment. This beautiful land, USA, should shine as a beacon of
freedom of speech, respect, and democracy. It is truly unbelievable!
Sadly, this outcome does not come as a surprise. If the world fails to stand with Iranian people against
this brutal regime in Iran , and continues to engage in lobbying and negotiations with this terrorist
regime, things will only worsen. Even this beautiful country will undergo profound changes. The ruling
Mullahs in Iran adhere to an ideology that they seek to export worldwide.
Since when have we been forbidden to wear a T-shirt with the name "MAHSAAMINI" on it? Since
when have we been denied the right to proudly carry the real flags of Iran to any event?
1rT1%qM%I1IIIII121TW1 RIM 1, 11 � I I III I I
courageous people in Iran continue to fight, and we are here to amplify their voices. Iran will be free
through the power of the Iranian people within the country. However, we expect politicians and those
in positions of power, such as mayors, senators, and city council members, to support us and cease
lobbying with agents of this brutal regime. Their agents in the realm of sports display a complete
disregard for the true essence of sportsmanship. They have managed to ruin every aspect and exploit
every sporting occasion solely for their own benefit.
On Tue, Jul 11, 2023 at 12:26 PM Mitra Mosallaie wrote:
Dear Mayor and City Council Members;
I attended four of the volleyball National League games at Anaheim Convention Center last week!
1
I was shocked to see how I was deprived from my basic rights as a US citizen and especially as a business
owner in Anaheim who have paid tax dollars to this city.
I was not allowed to enter the building because I had Iran's flag on my shirt while no where in the prohibited
items was mentioning any regulations on T- Shirt for July 4th games.
Shockingly the regulations changed for the next game and limitations on the T-shirt was added to the
prohibited list.
On July 6th, I was not allowed to enter the venue because my t-shirt had a picture of Mahsa Amini! (You have
heard this name during our request to pass the Iran resolution)
We were not allowed to carry US flag and/or Iran's flag to the venue! Even on 4th of July!!!!! Why this game
had different regulations compare to the games in previous years?
Such a disappointment to see a city who has passed a resolution to condemn the barbaric regime of Iran is
working with their lobbyists to modify the regulations.
Looking forward to your response!
Respectfully,
Mitra Mosallaie
Please look at the attached reg
Roya Javaherchi
Dateolate
Chocolate With Dates, Healthier more Satisfying
www.dateolate.com
www.sweetsaffrons.com
-------------------------------------
Phone
Susana Barrios
From: d u rfeycra ig
Sent: Friday, July 14, 2023 1:01 PM
To: 'Teresa Pomeroy'; 'Public Records Request'; 'Pam Haddad';
senator.nguyen@senate.ca.gov; 'Maria Stipe'; ADAM.BOMAN@ASM.CA.GOV; 'Nick
Dibs'; hauwie.tie@asm.ca.gov; David.Ochoa@sen.ca.gov; Public
Comment; Theresa Bass; senator.umberg@senate.ca.gov;
SEDN.committee@senate.ca.gov; SENATOR.GONZALEZ@senate.ca.gov;
SHEA.Committee@senate.ca.gov; robert.sumner@asm.ca.gov;
vincent.chee@asm.ca.gov; kaitlin.curry@asm.ca.gov; annabel.smith@asm.ca.gov;
christina.rocha@asm.ca.gov; kim.vandermeulen@mail.house.gov;
REPLOUCORREA@MAILAOUSE.GOV; salome@mail.house.gov;
alejandro.cardenas@mail.house.gov; rosielyn.pulmano@asm.ca.gov;
judy.babcock@asm.ca.gov; lara.flynn@asm.ca.gov; kristene.mapile@asm.ca.gov;
lisa.murawski@asm.ca.gov; patty.rodgers@asm.ca.gov; assemblymember.quirk-
silva@assembly.ca.gov; Assemblymember.Davies@assembly.ca.gov;
assemblymember.rendon@assembly.ca.gov; assemblymember.fong@assembly.ca.gov;
assemblymember.friedman@assembly.ca.gov; Christopher.Aguilera@asm.ca.gov
Subject: [EXTERNAL] Temecula school board joins lawsuit against social media giants
Attachments: Temecula school board joins lawsuit against social media giants.pdf
Warning: This email originated from outside the City of Anaheim. Do not click links or open
attachments unless you recognize the sender and are expecting the message.
07-14-2023
(P.R.D.D.C.)
PARENTS FOR THE RIGHTS OF DEVELOPMENTALLY DISABLED CHILDREN
CRAIG A. DURFEY FOUNDER OF P.R.D.D.C.
U.S. F 404 - HONORING 0IIR IIIIG I[NWICIFEY IF IS FIGHT AGAINST AUTISM
... Ms. L0110ETTA S&IM01HEZ of Calliffornila.
https://www.govinfo.gov/content/pkq/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf
new website s i e i s® r_
To whom it may concern.
Temecula school board joins lawsuit against social
media giants
Sign iin to pre ssenteirip rise. (.-,o m with
Google
LOCAL NEWS - News 10 CRAIG DURFEY
S U S C F"e, 13 E t, 1N, LY
Temecula school board joins
lawsuit against social media
giants
10/110''!
"Fernecula Valley Unffied S(,-.,hoo1 I()strjct has decided to join at least 500 other plainflffs
in a lwNSUit against rnajor social rnedia COMpanies, alleging that they have caused
harm to children. (AP Photo/Michael (Dwyer, Fle)
10
By SARAI I II 10FIMANN I shofmann@scng.com 1 3
PUBLISHED: July 13, 2023 at 5:29 p.m. I UPDATED: July 14, 2023 at 10:25 a.m.
Temecula Valley Unified School District officials have joined a lawsuit alleging
that social media companies including Meta, TikTok, Snap and YouTube have
caused harm to children.
Frantz Law Group filed the lawsuit in the U.S. District Court in the Northern
District of California on April 13, a news release from the same day states. At the
time, the firm represented 16 school districts across the country, according to the
release, including Burbank Unified and La Canada Unified school districts in Los
Angeles County.
Two months later, the number of plaintiff school districts has reached 500, per a
Frantz Law Group news release from June 14. Temecula Unified's June 27 vote
adds it to that list.
The vote passed 4-1, with Board Member Steven Schwartz dissenting.
"I did not feel I had enough information about the suit to vote for it," Schwartz
wrote in an email Monday.
Complaints for different school districts have been filed separately. The complaint
for Burbank Unified School District — one of the 16 plaintiffs named in the April
news release — names a host of defendants that include Meta, Facebook,
Instagram, Snap, TikTok, ByteDance, Google, WhatsApp and YouTube.
"American youth are facing possibly the most severe mental health crisis in
history," the complaint's introduction reads. "Along with the benefits of the rise of
technology, also comes serious consequences. The major social media platforms
including Facebook, Snapchat, Instagram, TikTok and YouTube have spent
millions to develop and market their products to minors, keeping them coming
back for more, and significantly contributing to this mental health crisis."
The Frantz Law Group's website states that the lawsuit alleges "these companies
have caused a mental health crisis among children and teenagers that is marked
by higher proportions of anxiety, depression, and thoughts of self -harm, all of
xazhirh_ cnA70rnl Vl affect thn e_ahilitc> to citrrnnrl in crhnnl �"
Other decisions made byTerrie(.111a Valley Unif.1ed board inernbers have garnered
.......... __._"____
attention in recent months. Through majority vote, they banned critical race
........................ theory; banned a social studies book because its supplemental materials mention
slain gay rights leader Harvey Milk, who Board Member Joseph Komrosky alleged
was a pedophile; and Fired then -superintendent Jodi McClay. In each case, the
items passed with three affirmative votes from board members Komrosky, Danny
Gonzalez and Jen Wiersma, who were al.1 ceded last year after being backed by a
conservative Christian PAC.
No Frantz Law Group representatives responded to multiple requests for
comment by late Thursday.
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Tags: Education
Sarah Hofmann I Reporter
Sarah Hofmann is a reporter based in Southern California. She grew
up in West Virginia and attended Occidental College for cognitive
science and Columbia University for writing. Before joining The
Press -Enterprise and Southern California News Group, she interned at The
Herald -Dispatch and volunteered with the Covid Tracking Project.
shofmann@scng.com
V Follow Sarah Hofmann @sarahxhofrnann
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Susana Barrios
From: Craig A Durfey
Sent: Monday, July 17, 2023 7:52 PM
To: Craig A Durfey; David.Ochoa@sen.ca.gov; Public Comment;
SEDN.committee@senate.ca.gov; SENATOR.GONZALEZ@senate.ca.gov; Supervisor
Janice Hahn (Fourth District); ajise@scag.ca.gov; senator.min@senate.ca.gov
Subject: [EXTERNAL] Fwd: California school districts file lawsuit over social media
Warning: This email originated from outside the City of Anaheim. Do not click links or open
attachments unless you recognize the sender and are expecting the message.
---------- Forwarded message ---------
From: Craig A Durfey
Date: Mon, Jul 17, 2023 at 7:50 PM
Subject: Fwd: California school districts file lawsuit over social media
To: Assemblymember Davies <As semb lymember. Davies gas sembly.ca. gov>, Assemblymember Fong
<as semb lymember. fong gas sembly.ca. gov>, Assemblymember Quirk -Silva <as semblymember. quirk-
silva_,assembly.ca.gov>, COB Response <response o,ocgov.com>, Craig A Durfey
<Ddbarnesgocsd.org>, Jim Tortolano Norma Garcia
<NGarciagocde.us>, PIO Department <pio_departmentggegusd.us>, Public Records Request
<cityclerk gggcity.org>, Theresa Bass <tbass o,anaheim.net>,<as semblymember. rendon gas s embly. ca. gov>
<fgozalez o,ocsheriff.gov>, <ocbe o,ocde.us>, <senator.umberggsenate.ca.gov>
---------- Forwarded messa e---------
From: Craig Durfey
Date: Mon, Jul 17, 2023 at 7:44 PM
Subject: California school districts file lawsuit over social media
To: Craig Durfey Nick Dibs Christopher Aguilera
<Christopher.A uilera ,asm.ca.gov>, Gabriela Mafi < mafiggegusd.us>, Jim Tortolano
, Teresa Pomeroy <teresap@ggcity.org>, Public Request
<cityclerk gggcity.org>, Bob Harden <bob.harden 9gegusd.us>, Dina Nguyen <dina.n uven9gegusd.us>, Lan
Nguyen <lan.n uvengggusd.us>, Pam Haddad <pamha o,ci. garden- grove.ca.us>, Walter Muneton
<walter.munetonggegusd.us>
https:Habc7ny.com/amp/social-media-lawsuit-school-district-san-mateo-county-schools-sttidents/12967487/
Sent from my iPhone
Susana Barrios
From: Kay Boatman
Sent: Sunday, July 16, 2023 8:56 AM
To: Public Comment
Subject: [EXTERNAL] meeting July 17 RE: Charter School Project
Warning: This email originated from outside the City of Anaheim. Do not click links or open
attachments unless you recognize the sender and are expecting the message.
My voter is NO for a Charter School at 2780 E Wagner — Cove Church
Virus®free.v .A.w....��v:.conrn
Susana Barrios
From: Theresa Bass
Sent: Monday, July 17, 2023 10:16 PM
To: Public Comment
Subject: FW: [EXTERNAL] LED Streetlights Are Not FDA Approved
Attachments: Unapproved LED Streetlights - Anaheim, CA.pdf
From: Mark Baker <mbaker@softlights.org>
Sent: Wednesday, July 12, 2023 12:32 PM
To: Theresa Bass <TBass@anaheim.net>
Cc: City Manager <Citymanager@anaheim.net>; Rudy Emami <REmami@anaheim.net>; ADA <ADA@anaheim.net>;
Ashleigh Aitken <AAitken@anaheim.net>; City Attorney <cityattorneysoffice@anaheim.net>; jhenry@scng.com
Subject: [EXTERNAL] LED Streetlights Are Not FDA Approved
Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments
unless you recognize the sender and are expecting the message.
Dear City Clerk, Anaheim, California,
Please find attached our public comments regarding LED streetlights which have not been FDA
approved. Please forward to the city council.
Sincerely,
Mark Baker
President
Soft Lights Foundation
www.softliehts.ore
mbaker@softlights.org
1
� Y r 6bf (1
ll�z 16)����„
July 12, 2023
BY EMAIL
Robert Fabela, City Attorney
Anaheim, California
cityattorneysoffice@anaheim.net
Re: LED Streetlights Lack FDA Approval
Dear Robert Fabela,
9450 SW Gemini Drive
PMB 44671
Beaverton, OR 97008
An LED streetlight is an electronic product which is regulated by the US Food and Drug
Administration. The FDA presentation "How to Get Your Electronic Product on the U.S. Market" details
the authority of the FDA to regulate the radiation from electronic products and the requirements of
manufacturers to receive FDA approval for their electronic products that emit radiation.'
The city of Anaheim, California has installed or is considering installing LED streetlights.
However, the FDA has not approved any LED streetlight products to ensure the comfort, health, and
safety of the public. The FDA is mandated by the 1968 Radiation Control for Health and Safety Act (21
U.S.C. 360ii) to publish performance standards for electronic products that emit radiation, and yet the
FDA has failed to comply with 21 U.S.C. 360ii for LED products, including LED streetlights.
LED streetlights are a human health hazard which have been documented to cause seizures,
migraines, anxiety, nausea, eye pain, and eye injury. In addition, artificial light at night has been
documented to cause significant increases in risk for mood disorders, diabetes, heart disease, breast
cancer, and early mortality. It is likely that LED streetlights have increased acts of misbehavior and
violence. The contact person at the FDA is Robert Ochs, Director, FDA Center for Devices and
Radiological Health, OHT8 (robert.ochs@fda.hhs.gov).
It is negligent for a city to install or operate an electronic product that has no FDA approval, and
which is known to put the public at risk of harm. In order to pursue a claim against a public entity under
California Government Code section 835, a person must show: (1) that the property was owned or
controlled by a public entity at the time of the incident; (2) the property was in a dangerous condition at
the time of the injury; (3) the injury was proximately caused by the dangerous condition; (4) the
dangerous condition created a reasonably foreseeable risk of injury; and (5) that there was a negligent
or wrongful act or omission within the scope of employment of the public entity's employee that
created the dangerous condition or the public entity had actual or constructive notice of the dangerous
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condition! (Moncur v. City of Los Angeles, Dept. of Airports (1977) 68 Cal.App.3d 118; Gov. Code §§
830(a)-(c), 835.2.). The installation or operation of LED streetlights meets the criteria for negligence
and liability.
To protect the public from LED visible radiation and to avoid liability, a city must not install or
operate LED streetlights in public spaces. To recover expenses related to the removal of any existing
LED streetlights, the Soft Lights Foundation recommends that Anaheim sue the FDA and the DOE for
failing to disclose to Anaheim that LED products are a human health hazard and for failing to comply
with 21 U.S.0 360ii and publish the required performance standards for LED streetlights.
In any case, Anaheim must not install or operate LED streetlights knowing that the LED
streetlights have not been FDA approved, knowing that the LED streetlights are causing serious adverse
health impacts, knowing that LED streetlights are creating discriminatory barriers, and knowing that LED
streetlights are defective and dangerous.
Sincerely,
/s/ Mark Baker
President
Soft Lights Foundation
mbaker@softlights.org
cc:
City Manager — CityManager@anaheim.net
Public Works - REmami@anaheim.net
ADA Coordinator—ADA@anaheim.net
Mayor — aaitken@anaheim.net
City Clerk - tbass@anaheim.net
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Susana Barrios
From: Megan Harbert
Sent: Tuesday, July 18, 2023 3:06 PM
To: Public Comment
Subject: [EXTERNAL] Anaheim Planning Commission Charter School Project at 2780 East
Wagner.
Warning: This email originated from outside the City of Anaheim. Do not click links or open
attachments unless you recognize the sender and are expecting the message.
Hello Anaheim City Councils Members,
I am writing this email as a current resident of District 5 and a parent of two small children. Please listen to the residents'
concerns and reconsider the conditional use permit that the Anaheim Planning Commission approved for the Charter
School Project at 2780 East Wagner.
Before the meeting, I reached out to my District 5 representative, Commissioner Walker, about my concerns. In my email,
I shared how our neighborhood only has one way to enter and exit, which will be greatly impacted by the 480+ students
proposed at this site. I also shared my concern over the lack of plans in place to ensure the safety of pedestrians
attempting to cross the property during drop-off and pick-up. I received no response.
I also participated in public comment during the meeting, where I kept my concerns strictly to zoning and land use, within
the scope of the Planning Commission. The quality of the proposed Charter School's services/programs should not have
been a factor in the decision -making process of the Commissioners.
I was deeply troubled by the comments offered by one of the Commissioners before their vote, which were along the lines
of "If I had school -age kids, I think I would like the idea of having more choices" and "I like their shirts" regarding the
branded t-shirts the school distributed to families that attended their other location outside of Anaheim.
Please help right this wrong and allow the voiced concerns to be considered. Please don't let the Planning Commissioners
be distracted by the peripherals.
Sincerely,
Megan Harbert
Susana Barrios
From: marlo
Sent: Tuesday, July 18, 2023 2:26 PM
To: Public Comment
Subject: [EXTERNAL] Charter school on Wagner
Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you
recognize the sender and are expecting the message.
Dear Mayor and Councilmembers:
I respectfully request that you appeal the decision of the planning commission regarding the charter school on Wagner.
Your general plan calls for low density residential in that location. A less intensive use would be a better fit for this quiet,
low density neighborhood. Moreover, a school with over 450 students are a public safety concern to the entire
neighborhood. Please reconsider the decision made by the planning commission on Monday evening. As a city, twice
before, you have declined a far less intensive use on this property. Twice before, the city said no to school projects with
half the number of students requested.
Thank you for your reconsideration.
Marlo Naber
Marjan neighborhood
Sent from my iPhone