09/26/2023ANAHEIM CITY COUNCIL
REGULAR MEETING OF SEPTEMBER 26, 2023
The meeting of September 26, 2023 was called to order at 4:02 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 September 21, 2023.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava,
Carlos A. Leon, Norma Campos Kurtz, Stephen Faessel, and Natalie
Meeks. Council Member Jose Diaz joined the meeting at 4:04 p.m.
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Session Item Nos. 4 and 5 were withdrawn from the agenda.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
City Clerk Theresa Bass reported that no electronic public comments were received related to the
Closed Session agenda.
Mike Robbins expressed concern that the City Manager was named in the recent JL Group
investigation report regarding allegations of corruption in the City. He noted accountability and trust in
officials is vital to address transparency to maintain public confidence in the government.
Jeanine Robbins described alleged activity by the City Manager to enable the alleged corruption
activities. She noted public trust could not be obtained if there were no consequences to the alleged
behavior. She called for the City Manager's dismissal.
Marc Herbert commented on the City's actions following a response to a police call. He referenced an
article from The Los Angeles Times and suggested the removal of the City Manager to change the
culture within City Hall.
Mark Richard Daniels recommended the removal of the City Manager due to the corruption
investigation and allegations. He expressed disappointment with the lack of consequences for City
staff regarding the transparency allegations.
Cynthia Ward urged the City Council to correct the past for a better future, listen to the residents, and
hold leaders like the City Manager accountable. She referenced the JL Group report and the lack of
public notification of its availability and various issues within the report.
Greg called upon Council Member Diaz to address reform of the City Manager's Office. He
commented on interest groups' influence on Council decision -making. He questioned whether reform
would be possible without removing the City Manager.
Wes Jones criticized City Manager Vanderpool's alleged actions described in the JL Group report
and questioned the City Manager's loyalties to the residents of Anaheim.
Art Castillo expressed concerns regarding the lack of communication over concerns to the Police
Review Board. He requested City Council acknowledgment over alleged police brutality.
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Vern Nelson highlighted obstacles the JL Group faced while conducting its investigation. He
expressed concerns about the City Manager's conduct within the last few years, especially regarding
developers and affordable housing.
John Dunton highlighted the City Manager's work, particularly related to assistance to the business
community.
Kenneth Batiste expressed concerns with the criminalization of homelessness, the lack of
transparency by public officials, and allegations concerning the City Manager in the JL Group report.
He commented on the transparency of the Mayor's Advisory Committee meetings.
Jorge Gavino commented on alleged actions by the City Manager. He urged the City Council to
remove the City Manager due to his conduct and for being named in the JL Group investigation
report.
CLOSED SESSION: At 4:39 p.m., Mayor Aitken recessed to Closed Session for consideration of the
following:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Jason Barr v. Eric Chavira, City of Anaheim, et al. OCSC Case No. 30-2021
01220196
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957 (b) (1) of the California Government Code)
Title: City Manager
3. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Gretchen R. Beatty, Acting Human Resources
Director
Name of Employee Organizations: City Manager
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California
Government Code Section 54956.9: One potential case
Closed Session Item No. 04 withdrawn by staff.
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of
California Government Code Section 54956.9): One potential case
Closed Session Item No. 05 withdrawn by staff.
At 5:06 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: Reverend Lissa Smith, Canyon Hills Presbyterian Church
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FLAG SALUTE: Council Member Natalie Meeks
PRESENTATIONS:
Recognizing Anaheim business Mamma Cozza's on their 58th Anniversary
The City Council recognized Mamma Cozza's family -owned business serving Anaheim since 1965,
and has supported the community with fundraisers for local schools, sports teams, nonprofits and
more. Accepted by Frank Cozza Jr,
Recognizing September 2023, as Service Club Month
Council Member Meeks requested the recognition be placed on the agenda noting that Anaheim is a
community serving each other and service clubs are such a wonderful opportunity not only to give
back to the community but to build connections within your community and with peers and friends
who value the same things.
Accepted by Lori Dinwiddie, President, Anaheim Beautiful; Reon Boydstun Howard, President,
Assistance League of Anaheim; Jesus Leon, President, Rotary Club of Anaheim; Bernie Correa -
Henske, President, Anaheim Hills Rotary Club; Merrit Read, The El Bekal Shriners; Susan Faessel,
President, The Kiwanis Club of Greater Anaheim; Representative of Veterans of Foreign Wars, Post
#3173; Representative of The Anaheim Lions Club acknowledged Ebell Club of Canyon Hills and
American Legion Anaheim Post 72.
The Salvation Army Update and Introduction of New Officer
Presented by Ben Hurst, Director of Operations Orange County, Salvation Army. He invited the City
Council and community to join in the ribbon cutting ceremony on Monday, October 9, at 10:00 a.m.
for the 72 unit, 100% homeless housing project that is a product of the partnership with the City over
five years in the making. Mr. Hurst thanked the City staff who worked tirelessly for years to make the
project a reality and committed to helping those most vulnerable. Major Ken Perine, Executive
Director and Corps Officer, Salvation Army, was introduced and provided data concerning the
services provided by the Salvation Army to the homeless including individuals served, meals
distributed, and individuals housed. He acknowledged several individuals, who were recipients of
services at The Salvation Army and their positive experiences.
Without objection, the meeting was taken out of order and the following items were heard.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing September 2023, as National Suicide Prevention Awareness
Month
Accepted by Dr. Adela Cruz, Director of School Mental Health & Wellness, Anaheim Union High
School District, who thanked the City Council for the recognition.
Recognizing September 15 — October 15, 2023, as Hispanic Heritage Month
Accepted by John Gutierrez and Mitch Seigel, Orange County Hispanic Chamber of Commerce, who
thanked the City Council for the recognition and support.
City Council Minutes of September 26, 2023
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Recognizing October 2023, as Domestic Violence Awareness Month
Accepted by Dr. Nefta Pereda, Chief Programs Officer, Radiant Futures, who thanked the City
Council for the recognition and provided detail concerning the various services provided in
partnership with other community resources toward domestic violence awareness, prevention, and
recovery.
Recognizing October 1 — 7, 2023, as Public Power Week
Accepted by Janet Lonneker, Assistant General Manager Electric Services, Anaheim Public Utilities,
who thanked the City Council for the recognition. She highlighted the importance of Public Power
Week which is to recognize locally owned public utilities serving reliable electric service at an
affordable price. She noted in celebration, elementary students will join Public Utilities on Thursday,
October 5th on Center Street between 11 a.m. and 2 p.m., to learn how electricity is delivered to their
homes, safety, and career opportunities. She encouraged members of the City Council and public to
join and learn about rebates and programs.
Recognizing October 9, 2023, as Indigenous Peoples' Day
Accepted by Sandonne Goad, Tribal Council Chairwoman, Gabrielino/Tongva Nation, who thanked
the City Council for the recognition and invited the City Council and community to join them on the
City Hall steps on October 9, 2024. She expressed gratitude from her tribe for the recognition and
presented a gift to Mayor Aitken.
Recognizing October 8 —14, 2023, as National Fire Prevention Week
Lindsey Young, Fire Marshal, Anaheim Fire & Rescue, accepted the recognition and thanked the City
Council for the recognition. She provided information regarding the Fire & Rescue Department's
partnership with the National Fire Protection Association concerning the "Cooking Safety Starts With
You" campaign. The campaign brings awareness to cooking safety, as cooking incidents are the
leading cause of home fire and home injuries in the United States. Anaheim Fire & Rescue
encourages the public to watch what you heat, turn pot handles toward the back of the stove, and
have a kid and pet -free zone around cooking areas. The City Council and community were invited to
the Fire Prevention Week activities scheduled at Twila Reid Park on Saturday, October 14, 2024,
from 10:00 a.m. to 1:00 p.m.
PRESENTATION: Housing and Community Development Commission Presentation
Dara Maleki, Housing and Community Development Commission (Commission) Chair reported the
Commission is composed of a diverse group of dedicated individuals, each bringing unique
experiences, perspectives and expertise to the table. A brief background on each Commissioner was
provided. The Commission's primary responsibilities include collaborating with the Housing Authority
to review and develop housing policies for Anaheim. They prioritize community feedback, ensuring
public voices shape our plans and funding decisions for federal housing programs. Additionally, they
work closely with staff and the governing board for a unified approach to housing. Their goal is to
foster growth in Anaheim while maintaining its distinct character and charm. The Commission
provides a comprehensive range of programs and services that cater to the diverse needs of
Anaheim residents. Their initiatives are designed to promote sustainable growth, ensure affordable
housing and foster community development. He noted Anaheim, like many cities grapples with
providing affordable housing for its residents. In collaboration with other service providers and funding
sources, the Housing Authority has initiated programs such as voucher programs and homeless
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services. The Commission looks forward to significant growth in affordable housing and provided
details concerning upcoming construction plans. The three objectives were announced, including
expanding availability of affordable housing, enhancing homebuyer assistance programs, and
strengthening partnerships with local organizations. Their meetings are held twice a month and are
open to the public.
Council Member Meeks thanked the Commission for their work, especially concerning the
homebuyer's assistance programs.
Mayor Pro Tern Rubalcava thanked the Commission for their work and referenced the assistance of
Sophia Romero, a District 3 constituent.
Council Member Kurtz thanked the Commission for their work, citing their creative thinking to find
solutions.
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items, except public hearing): 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 four (4) public comments were received electronically prior to
3:30 p.m., related to City Council agenda items and matters within the jurisdiction of the Anaheim City
Council. [A final total of four (4) public comments were received by email, distributed to the City
Council, and made part of the official records]. — See Appendix.
Monica Sanchez from the Anaheim Euclid Branch Library provided details concerning the Anaheim
Reads program held October 14th through November 19th. She noted the Library is celebrating Native
American culture and highlighted various books for all age groups including the book There There.
She invited the City Council and the community to the kickoff on October 14th at Central Library at 11
a.m. as well as the Native Arts Festival on November 01 from 9 a.m. to 3 p.m.
Duane Roberts requested follow-up information on electronic comments he distributed to the City
Council regarding Item No. 26, stating that the City Council Members should be banned from
providing tickets, as it results in conflicts of interest with regard to future Council Member actions. He
recommended implementing restrictions on who can receive the tickets including campaign
endorsers, employers with whom an elected official has or currently has contracted with, lobbyists,
political operatives, and their spouses.
Cynthia Ward commented on Item Nos. 25 and 26, thanking the City Council for addressing
necessary reforms and enforcement tools to increase public trust and transparency, including the
electronic devices policy and ticket distribution policy. She requested additional penalties to be
considered in the reforms and enforcement tools. She referenced an electronics ban at the Council
dais and requested a review of the policy to be reinstated. She suggested penalties for failure to turn
over personal devices and addressing concerns regarding ticket distribution.
Helen Myers commented on Item No. 26, expressing concern with the City Council ticket distribution
policy and requesting that tickets be distributed to constituents who deserve them. She provided a
personal example of purchasing Suite tickets which were auctioned and her seating compared to
tickets provided by Council Members.
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Jeanine Robbins highlighted the importance of attending City Council meetings in person. She noted
Item No. 25's staff report does not mention the use of electronic devices at the dais during Council
meetings. She urged the Council to ban electronic devices from the dais for transparency and Brown
Act concerns.
Naji "Nick" Feghali, owner of Pacific Towing, reported his company currently contracts with the City
for towing services. He expressed concern with Item No. 7, the award of bid for towing services to
another vendor. He explained the cost breakdown for the other company's bid and explained the
pricing would result in higher costs to the City. He requested the Council consider the additional
information before voting on the item.
Vern Nelson thanked the City Council for their recent vote on overturning a Planning Commission
decision and deny a Conditional Use Permit to construct a charter school. He commented on the
electronics use policy and the use of personal devices at the dais. He thanked Council Member Kurtz
for attending a recent community forum and requested the removal or reform of the current City
Manager.
Lourdes Aguilar (translation: Spanish) expressed concern with the ticket distribution policy, as it
should include provisions for residents with special needs. She cited a personal experience at Angels
Stadium involving her son with special needs. She requested inclusion, consideration, education, and
access in the City for those with special needs.
Paul Hyek provided a reminder for all to be aware of their level of emergency response readiness and
requested additional services for the homeless.
Cecil Jordan Corkern commented providing his perspective on national politics and allegations of
local corruption.
Mark Richard Daniels expressed concern that the recommendations made in the JL Group report will
not be implemented. He suggested ceasing business with Anaheim First and requested payback of
the funds which were inappropriately provided to external agencies. He called for transparency and
action on the items discussed in the JL Group investigative report.
Wes Jones cited previous Council actions by Council Member Faessel including the Angels Stadium
sale. He commented on prior voting by the previous Council majority and misconduct by the former
Mayor. He cited the JL Group's findings suggesting the use of electronic devices at the dais resulted
in misconduct.
Art Castillo requested an appointment with City Manager Vanderpool to discuss concerns on
transparency. He cited a previous experience with the former Mayor and expressed concerns
regarding the alleged corrupt actions of personnel and City officials.
Jorge Gavino commented requesting immediate suspension of any funding, partnerships, or
contracts with the Anaheim Chamber of Commerce, citing various allegations of impropriety. He
called for a full forensic audit and investigation into the Chamber's use of public funds.
Kenneth Batiste expressed concern with the City of Anaheim's level of debt, the corrupt actions of
public officials, and lack of funding dedicated to services that would improve the lives of residents. He
cited Council actions regarding the use of bonds to fund the Disneyland parking structure and the
Angels Stadium deal, to request transparency and accountability. He called for the City to cease
business with the Chamber of Commerce.
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Greg commented expressing support for Anaheim Electric Utilities and expressed concern with the
ongoing allegations of corruption. He highlighted the City's concerning relationship with the
Disneyland Resort. He called upon Council Member Diaz to vote against special interests and vote
freely.
Mike Robbins referenced the number of times the City Manager was referenced in the JL Group
investigative report. He expressed concerns regarding alleged corruption in City Hall and the City's
budget.
Leonard Lahtinen expressed concerns with the actions of Council Member Faessel. He detailed his
professional history with Council Member Faessel and the alleged misconduct of the previous Council
majority. He requested Council Member Faessel reform his actions during the remainder of his term
or resign.
Marc Herbert advised Council recognitions are not a substitute for concrete action. He noted the
recognition for National Preparedness Week but criticized the lack of construction for Fire Station 12
in the Platinum Triangle. He questioned the City's certificate of achievement for financial reporting
from the Government Finance Officers Association due to the funds distributed to Visit Anaheim and
financial audit. He offered assistance in reviewing the environmental documentation recently released
by Disney for another project.
Bryan Kaye expressed concern with the actions of local law enforcement and incidents related to
discrimination in the community.
Robert Covington expressed concerns that the recent organics recycling per Senate Bill 1383, is
being incorrectly implemented in the City, specifically related to small complexes. He is requesting
City Council direction to comply with the program.
Jonathan Matson requested additional communication in response to the allegations detailed in the
JL Group report and the lack of funding for services that will directly improve the lives of residents.
COUNCIL COMMUNICATIONS:
Council Member Kurtz thanked Community Services staff for their work with the new play area at
Betsy Ross Park and she congratulated Council Member Faessel for making it to the top and sliding
down the slide. She also thanked Community Services Principal Project Planner Ana Straabe for the
Betsy Ross mural she painted at the park. Council Member Kurtz highlighted and shared
photographs of the Pizza Press Restaurant and the Alpine Inn.
Council Member Leon invited fellow Magnolia High School alumni to the upcoming football game
against Anaheim High School on October 12, 2023 at Handel Stadium at 7:00 p.m. He noted he has
a friendly competition against Anaheim High School alumni, Congressman Lou Correa. In
collaboration with the Parks & Recreation Commission, Community Services, and Love Anaheim,
there will be a park clean-up and beautification on October 14, 2023 at 8:00 a.m. at Stoddard Park
and he invited everyone to attend. There will be a trunk or treat event on October 20, 2023 at 6:00
p.m. at Gilbert High School. His office hosted the Senior Appreciation Event at Modjeska Park and
they were able to provide seniors with valuable -resources from local organizations and City
departments. He thanked Mercy Health and the OC Food Bank for their collaboration. He also
thanked Parks Manager JJ Jimenez and all the staff and departments present for their help with
coordinating the use of Modjeska Park and all the City staff and departments that were present for
the event. He thanked ABRAZAR for providing 40 rides to seniors to and from the event. Council
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Member Leon noted that he toured the Taylor Dunn manufacturing building off Ball Road. It was
established in 1949 and manufacture innovative vehicles used in airports, zoos, parks, and the City.
Anaheim Transportation's FRAN vehicle was built at the facility. He also toured Servite High School
along with Assistant City Manager and City Manager. He thanked the entire Servite High School team
for their warm welcome and wished the football team luck on their upcoming game against Mater Dei
High School. Council Member Leon recognized Mega Fiesta Dulceria located at Euclid and La Palma
Avenues as the business of the month. They have a wide variety of classic Mexican Candy and party
supplies. For the restaurant of the month, he recognized Taco Land on Lincoln Avenue, west of
Brookhurst Street. They have Mexicali inspired dishes that include tacos, quesadillas, burritos,
ceviche and a lot more. Council Member Leon noted that the Tech Scholar Program application
deadline is September 29, 2023 at 5:00 p.m.
Council Member Faessel shared that he attended Anaheim employee Moses Johnson's retirement
celebration. He highlighted Mr. Johnson's 29 years of service at the City Attorney's Office. He shared
that he would like to recognize Rio Vista Elementary School Supervisor, Valerie Hubbard, for her life-
saving measures for a student in distress. He will be recommending a recognition for her.
Mayor Pro Tem Rubalcava shared photographs of events in District 3. She noted that the Market at
Anaheim High School opened which provides groceries and resources for families in need. It is the
second school food pantry in the City and the seventh in the County. Her office hosted a Suicide
Awareness event and she thanked the various non -profits, Police Department, Fire Department,
Mutual Ground, Inc., and Anaheim Ducks Organization for the resources provided to individuals who
have been struggling with mental health issues. Mayor Pro Tern Rubalcava participated in the Green
Bird Anaheim trash and litter event. Along with Green Bird Anaheim organizers Jody and Kevin,
several volunteers, and the Anaheim Hills Rotary Club, she picked up trash and litter throughout the
City. She noted that Jody and Kevin use their own resources and purchase recycle bags that people
can use. Mayor Pro Tern Rubalcava attended the Orange County Black Chamber 2023 Annual
Banquet, and she had the opportunity to celebrate diversity. She recognized Bobby McDonald, a
District 6 resident, who has been very involved in the community and ensures veterans are
recognized and provided with resources. She attended the "Somos el Corazon de Mexico" event a
Pearson Park Amphitheater, hosted by Juan Luis Torres, for Mexican Independence Day on
September 16, 2023. This event also kicked off Hispanic Heritage Month. She thanked retired
Anaheim Police Officer Shawn Boatright for his service and continued involvement at City of Anaheim
events. Mayor Pro Tern Rubalcava participated in the North Orange Continuing Education (NOCE)
Power Resource Fair. The resource fair provided an opportunity to continue the Suicide Awareness
initiative. She highlighted that Council Member Faessel has taught at NOCE for 48 of the 50 years
they have been open. She attended the Anaheim High School All Class Reunion, marking Anaheim
High School's 125th Anniversary. She noted Anaheim High is the first high School in the City of
Anaheim and she was proud to attend the event with Anaheim Union High School District Trustee
Jessica Guererro, Principal Calleros, and former Principal Saldivar who graduated with her in 1996.
She stated that Anaheim High School produces individuals who are making a difference in the City of
Anaheim. Mayor Pro Tern Rubalcava attended the Mobile Family Resource Center event organized
by Community Services in the Balsam Neighborhood. Resources and school supplies were provided
to residents. The Love Anaheim van was also there offering food. There have been significant
problems with parking, lighting, and public safety in the area and on September 27, 2023, there will
be a community walk to discuss those issues. This is the first year Chicano Heritage has been
celebrated in the month of August. She explained that 45 years ago there was a Chicano riot that
took place due to civil unrest at Little People's Park. She referenced a photograph of Alfred Acosta
with Chief of Police Rick Armendariz and noted that Mr. Acosta was present at Little People's Park
during the Chicano riots. Community Services was able to commission a talented artist by the name
of Damin Lujan to paint a 300 foot mural at the park as part of the City's recognition of Chicano
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Heritage Month. In recognition of Hispanic Heritage Month, Mayor Pro Tem Rubalcava recognized
JR's Wheels and Tires located off Euclid and Lincoln Avenues. It is a small business looking to scale
up. Economic Development Director Sergio Ramirez and City Manager Jim Vanderpool helped JR's
Wheels and Tires secure a building. She noted economic development is about retention and
attracting businesses, not driving them away.
Mayor Aitken congratulated Chief of Police Rick Armendariz on his swearing -in and stated she was
proud to have him as part of the Anaheim Team. She recognized those celebrating Rosh Hashanah
(wished them "Shanah Tovah"), Yom Kippur, and Mexican Independence Day. Mayor Aitken
announced that on October 18th, in partnership with Northgate Market, there will be a Trunk -or -Treat
event and free pumpkins will be provided. She also recognized all participants of the Susan G.
Komen Foundation Walk.
CITY MANAGER'S UPDATE:
City Manager Jim Vanderpool invited everyone to Anaheim's Health Fair at the Anaheim Convention
Center on Saturday and Sunday from 8 a.m. to 2 p.m. Anaheim residents and everyone can get free
dental, vision, women's, and other care. The health fair is open to everyone, particularly those who
may not have access to regular healthcare. This year's event also includes a citizenship fair with
application help, legal advice, and other assistance for those seeking to become U.S. citizens.
Parking is free and pre -registration is encouraged. Register at Anaheim.net/HealthFair.
City Clerk Theresa Bass shared information regarding the City's upcoming Special Municipal Election
on Tuesday, October 3, 2023 for Measure A, Hotel and Event Center Minimum Wage, Worker
Retention, and Hotel Worker Safety and Workload Initiative Ordinance. Anaheim voters can cast their
vote by mail, postmarked by October 3, 2023. They can drop off their ballot at any of the twelve (12)
secure ballot drop boxes. On Election Day, staff from the Orange County Registrar of Voters office
will be at each ballot drop box to assist with traffic flow. Voters can also cast their vote at any of the
vote centers located at the West Anaheim Youth Center, Downtown Anaheim Youth Center, and the
East Anaheim Community Center. Three additional vote centers will open on October 30th and all six
will remain open through Election Day. The three additional vote centers are located at the
Brookhurst Community Center, Ponderosa Park Family Resource Center, and the Canyon Hills
Branch Library. Additional information on the election as well as the list of vote center locations and
hours can be found on the City's website at www.Anaheim.net/Elections.
CONSENT CALENDAR: At 7:39 p.m., the Consent Calendar was considered with Mayor Pro Tem
Rubalcava pulling Item No. 11 and Council Member Kurtz pulling Item Nos. 6, 12, 13, 14, 15, 16, and
20 for separate consideration.
City Clerk Theresa Bass announced staff has requested Item No. 7 be withdrawn from the Consent
Calendar.
Mayor Pro Tem Rubalcava requested a staff report for Item No. 7. City Attorney Fabela advised that
since the item was pulled by Staff, the item could not be presented. In response to Mayor Pro Tem
Rubalcava, requested additional information related to the bidding process. City Manager Vanderpool
confirmed staff can provide answers to her questions before the item is reagendized.
City Clerk Theresa Bass announced that with approval of Item No. 23, pursuant to Government Code
Section 58953, an oral summary of the salary and benefits shall be made prior to any final action of
the City Council on any local agency executive compensation. Approval of the item includes that for
all executives, as authorized under various sections of the City's personnel rules addressing
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entitlements to benefits and perquisites provided to all appointed and executive managers, a salary
adjustment effective July 2023, July 2024, and July 2025, in the amount of 5% per year, Retirement
Health Savings benefits increase of 1 % effective July 2023, and an increase to administrative leave
from 16 to 24 hours.
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 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.
B105 1. Receive and file minutes of the Library Board meeting of August 14, 2023.
B105 2. Ratify the nominations of ex officio, non -voting members to the Parks and Recreation
Commission, terms to expire September 26, 2027 [Anaheim Elementary School District, Jose
Paolo Magcalas; Anaheim Union High School District, Katherine Smith; Centralia Elementary
School District, Luis Flores; Magnolia School District, Nathan Zug; Orange Unified School
District, Andrea Yamasaki; Placentia-Yorba Linda Unified School District, Paul Juarez;
Savanna School District; Christina Karanick].
D116 3. Approve recognitions recognizing Stand Up for Kids — Orange County on their 20tn
Anniversary as they work to provide basic needs, housing, mentoring support, care, and love
to at -risk and homeless youth ages 12-24; City of Anaheim retirees; and Assistant City
Attorney Moses Johnson's career and retirement from the City of Anaheim.
D180 4. Accept the bid from Axis General Construction, Inc., in the amount of $295,650 plus a 20%
contingency, for city-wide inspections and repairs of backflow devices for a one year period
with up to four one-year optional renewals; and authorize the Purchasing Agent to execute the
renewal options in accordance with Bid #9705.
D180 5. Accept the bid from Freshmobileca LLC, in the amount of $41,470, to provide onsite vehicle
washing services at various City designated locations 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 #9710.
D180 7. Accept the bid from Greater Southern California Towing, Inc., in the amount of $107,410, to
provide as needed towing services for city -owned vehicles 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 #9711
Item No. 07 Withdrawn by staff.
D180 8. Accept the bid from LC Action Police Supply, in the amount of $189,127.35 plus applicable
tax, for the purchase of Glock handguns and associated accessories for the Police
Department; and authorize the Purchasing Agent to issue a purchase order in accordance
with Bid # 9713.
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D180 9• Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a master agreement to Benchmark Analytics, in the amount of $26,000 plus
applicable taxes, for an online subscription of a training management software system,
installation and training for a one year term with up to four one-year optional renewals in
accordance with approved budget appropriations; and authorize the Purchasing Agent to
exercise the renewals and issue and execute any necessary documents pertaining to this
procurement.
10. Waive the bidding requirement of Council Policy 4.0, and authorize the purchase of two
D180 Dodge Ram Full Sized Trucks from 72 Hour LLC dba National Auto Fleet Group, in the
amount of $164,025.95 (which includes all applicable taxes and fees), for the Anaheim Fire &
Rescue Department (purchase will be made utilizing a cooperative purchase agreement
established by Sourcewell).
17. Approve the Master Agreement (Agreements) for Traffic Signal Maintenance Services with
AGR-14337 Yunex LLC and Bear Electrical Solutions, Inc, each in an award amount not to exceed
AGR-14338 $1,000,000 per work order package or request for immediate response services, with a
cumulative value per contractor per fiscal year not to exceed $1,000,000, excluding change
orders, for a two year period with two optional two year extensions; authorize the Director of
Public Works, or designee, to execute the agreements and to take the necessary actions to
implement and administer the agreements, including any extensions; determine that the
projects to be performed under the agreements shall be categorically exempt under the
California Environmental Quality Act, Sections 15302, 15303, and/or 15304 of Title 14 of the
California Code of Regulations; and authorize de minimis changes that do not substantially
change the terms and conditions of the Master Agreement, as determined by the City
Attorney's Office.
18. Approve Workforce Innovation and Opportunity Act Agreements with Orange County
AGR-14339 Conservation Corps. And Taller San Jose Hope Builders, dba Hope Builders, in the respective
AGR-14340 not to exceed amounts of $326,266 and $217,511, with terms beginning July 1, 2023 through
June 30, 2025, to assist local disadvantaged youth to prepare for joining the workforce; and
authorize the Director of the Housing & Community Development, or designee, to execute and
administer the agreements.
19. Approve an agreement with the Placentia-Yorba Linda Unified School District (PYLUSD) to
AGR-14341 provide a Police School Resource Officer at Esperanza High School; approve an agreement
AGR-14342 with Orange Unified School District (OUSD), in substantial form, to provide a Police School
Resource Officer at Canyon High School and authorize de minimis changes that do not
substantially change the terms and conditions of the agreement, as determined by the City
Attorney's Office; each for a one year term with automatic one year renewals terminating after
five years and with 50% of the costs to be reimbursed by PYLUSD and OUSD, respectively;
authorize the Chief of Police to execute the agreements and to take the necessary actions to
implement and administer the agreements; and increase the Police Department's Fiscal Year
2023/24 budget by $160,000.
City Council Minutes of September 26, 2023
Page 12 of 34
D154.9 21. RESOLUTION NO. 2023-081 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and
conditions of employment for employees represented by the American Federation of State,
County, and Municipal Employees, Local 2002, General Management Unit, and repealing
Resolution No. 2021-119 [effective July 1, 2023 through June 30, 2027].
RESOLUTION NO. 2023-082 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and
conditions of employment for employees represented by the American Federation of State,
County, and Municipal Employees, Local 2002, Professional/Technical Management Unit, and
repealing Resolution No. 2021-120 [effective July 1, 2023 through June 30, 2027].
Increase the Fiscal Year 2023/24 budget in the amount of $4,962,116.
D154.9 22• RESOLUTION NO. 2023-083 _ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and
conditions of employment for employees represented by the American Federation of State,
County, and Municipal Employees, Local 2002, Confidential Unit, and repealing Resolution
No. 2021-121 [effective July 1, 2023 through June 30, 2027].
Increase the Fiscal Year 2023/24 budget in the amount of $550,379.
D154 23. RESOLUTION NO. _2023-084 _._ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting changes to the Personnel Rules for Non -Represented Full -Time
and Part -Time Employees to include changes to compensation for Non -Represented
Management and Full -Time hourly classifications and repealing Resolution No. 2023-078.
Increase the Fiscal Year 2023/24 budget in the amount of $693,967.
D114 24. Approve minutes of the City Council meeting of May 16, 2023.
BUSINESS CALENDAR:
D180 6. Accept the bid from Brightview Tree Care Services, in the amount of $402,367.98 plus a 20%
contingency, to provide as needed tree 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 #9708.
DISCUSSION: Council Member Kurtz requested clarification regarding funding of the tree
maintenance services in the Resort District.
Director of Public Works Rudy Emami confirmed that tree trimming and maintenance costs in the
resort district are paid for by the Anaheim Resort Maintenance District assessment and not the
General Fund.
In response to Council Member Kurtz, Executive Director of Convention, Sports, and Entertainment
Tom Morton confirmed the operation budget of the Convention Center covers a portion of the contract
and the assessment covers the remainder
City Council Minutes of September 26, 2023
Page 13 of 34
MOTION: Council Member Kurtz moved to accept the bid from Brightview Tree Care Services, in the
amount of $402,367.98 plus a 20% contingency, to provide as needed tree 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 #9708, 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.
AGR-14309 11. Award the contract to the lowest responsible bidder, Armstrong Cal Builders, Inc., in the
amount of $1,118,000, for the Oak Canyon Nature Center Renovations Project; authorize the
Director of Public Works to execute the contract and other related documents and to take the
necessary actions to implement and administer the contract; determine that the project is
categorically exempt from the California Environmental Quality Act pursuant to Class 2,
Section 15302 (Reconstruction); Class 3, Section 15303 (New Construction); and Class 11,
Section 15311 (Accessory Structures) of Title 14 of the California Code of Regulations; and
authorize the Director of Finance to execute the Escrow Agreement pertaining to contract
retentions.
Director of Public Works Rudy Emami reported the item is awarding a construction contract for the
Oak Canyon Nature Center renovations. The project consists of the renovation of the existing
amphitheater, installation of educational exhibits and improved interpretive panels, improved
decomposed granite trails, upgraded parking lot lighting improvements, installation of wooden
pedestrian deck and other work shown on the approved plans and specifications. Determination of
the lowest responsible bidder for the selected project and scope was made in accordance with the
Public Contracts Code. He reported the City received six bids on September 7, and the lowest bidder
submitted a request for withdrawal of the bid due to a clerical error in their bid package with the
appropriate backup documentation. Director Emami noted after careful examination of the supporting
documentation, staff confirmed the contractor's mistake on the bid. Pursuant to the Public Contract
Code, the lowest bidder was relieved of the obligation of the bid without forfeiting their bid bond. The
selected bid price reflects the current bidding environment and is consistent with the Engineers'
estimate. It appears to be reasonable and within the available funding. Construction is scheduled to
begin in the fall of 2023 and is scheduled to be completed by late winter 2024.
DISCUSSION: Mayor Pro Tem Rubalcava expressed support for the improvement of the Nature
Center and requested clarification as to why the Community Workforce Agreement (CWA) provisions
are not applicable to this contract award.
Director Emami responded that the CWA provisions apply to projects over $1 million, but this was not
anticipated to be on the project list. He attributed to the cost estimates in that it ultimately did come in
over the $1 million threshold. He confirmed the project should not be part of the CWA, as it was not
on the list when originally created.
Mayor Pro Tern Rubalcava requested a reassessment of the CWA list, noting that in the current
scenario, the subject project did come in over $1 million, as the intention of the CWA was to hire
individuals who work within the Orange County/Anaheim area.
City Attorney Fabela noted at the time the CWA list was created, it listed the projects subject to the
threshold. He noted the list defined the projects generally and the project for consideration was not
applicable at the time. He advised the list can be renegotiated.
City Council Minutes of September 26, 2023
Page 14 of 34
Mayor Pro Tern Rubalcava requested to utilize the provisions of the CWA despite the project not
appearing on the list.
Director Emami added that 93% of the projects that are bid out by the City are put on the CWA list.
He noted very few projects by dollar value are not included in the CWA.
In response to Council Member Kurtz, Director Emami clarified how the Public Works Department
and Parks departments agree on the final work product put forth in bid projects. He noted the City
Charter requires construction projects to come through the Public Works Department, serving as the
City's construction manager and ensuring the provisions of the Public Contract Code are
implemented and enforced. City project managers from the applicable functional areas work together
to ensure the delivery of the work product.
Council Member Kurtz echoed Mayor Pro Tern Rubalcava's comments concerning the CWA.
Council Member Meeks expressed support to move forward with awarding the contract, citing
concerns over price increases if the project should need to be rebid. She requested City staff to work
with the vendor to use local labor.
Council Member Diaz echoed Council Member Meek's sentiments concerning potential increased
prices if the project is rebid, and expressed support for award of the contract.
Mayor Pro Tern Rubalcava agreed with the concerns regarding potential price increases if the project
is rebid, however, she requested reassessment of the CWA as it applies or is triggered if projects do
exceed $1 million, even if they were not projected to be over that threshold originally.
MOTION: Council Member Meeks moved to award the contract to the lowest responsible bidder,
Armstrong Cal Builders, Inc., in the amount of $1,118,000, for the Oak Canyon Nature Center
Renovations Project; authorize the Director of Public Works to execute the contract and other related
documents and to take the necessary actions to implement and administer the contract; determine
that the project is categorically exempt from the California Environmental Quality Act pursuant to
Class 2, Section 15302 (Reconstruction); Class 3, Section 15303 (New Construction); and Class 11,
Section 15311 (Accessory Structures) of Title 14 of the California Code of Regulations; and authorize
the Director of Finance to execute the Escrow Agreement pertaining to contract retentions, 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.
AGR-14310 12. Award the contract to the lowest responsible bidder, Big Ben, Inc., in the amount of
$2,034,070, for the La Palma Avenue Sanitary Sewer Improvements from Pauline Street to
East Street and from Anna Drive extending 365 feet to the east and Street. Rehabilitation
Improvements from Olive Street to East Street Project; authorize the Director of Public Works
to execute the contract and other related documents and to take the necessary actions to
implement and administer the contract; determine the project is categorically exempt from the
California Environmental Quality Act pursuant to Class 3, Section 15303 (d) (New
Construction) of Title 14 of the California Code of Regulations; and authorize the Director of
Finance to execute the Escrow Agreement pertaining to contract retentions.
DISCUSSION: Council Member Kurtz expressed concern with the number of contract awards placed
on the Consent Calendar that exceed $1 million. She inquired why the project was over $2 million
and considered the lowest responsible bidder for sanitary sewer improvements.
City Council Minutes of September 26, 2023
Page 15 of 34
Director Emami responded that construction is expensive, especially when underground in an older
section of the City with tight streets, including repaving, and increased material costs. He noted the
project will be funded with some Sewer Sanitation funds, and not the General Fund. He reported the
CWA applies, which also increases costs and the project is part of an annual program through the
budget. He added staff does provide advance notice to the City Council via memorandum, prior to bid
advertisement, for awareness and to allow the City Council to direct any questions to the appropriate
staff.
In response to Council Member Kurtz, Director Emami announced the project encompasses La
Palma Avenue, Olive Street, East Street, and other segments on Anna Drive and Pauline Street.
Council Member Meeks stated the City adheres to the approved budget, Public Contract Code, and
other regulations when going out to bid for Public Works type projects, and it is appropriate for them
to be placed on the Consent Calendar for the expediency of the public meeting agenda.
Council Member Diaz echoed that Public Works contract provisions are highly regulated and there
are enforcement provisions that are followed. He expressed support for having the items remain on
the Consent Calendar for expediency of the public meeting agenda.
In response to Council Member Faessel, Director Emami confirmed that the boring underneath the
railroad tracks is a significant cost component of the project.
Council Member Leon confirmed with Director Emami that the advanced planning for the project will
include communication and education of the community concerning traffic delays and signage.
Director Emami noted that pre -construction meetings are also held with the vendor to set
expectations to mitigate any negative traffic, noise, and other impacts to residents during
construction.
MOTION: Council Member Kurtz moved to award the contract to the lowest responsible bidder, Big
Ben, Inc., in the amount of $2,034,070, for the La Palma Avenue Sanitary Sewer Improvements from
Pauline Street to East Street and from Anna Drive extending 365 feet to the east and Street
Rehabilitation Improvements from Olive Street to East Street Project; authorize the Director of Public
Works to execute the contract and other related documents and to take the necessary actions to
implement and administer the contract; determine the project is categorically exempt from the
California Environmental Quality Act pursuant to Class 3, Section 15303 (d) (New Construction) of
Title 14 of the California Code of Regulations; and authorize the Director of Finance to execute the
Escrow Agreement pertaining to contract retentions, 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.
AGR-14311 13. Approve the Design -Build Master Agreement (Agreements) for Water projects, each in an
award amount not to exceed $3,000,000 per work order package, plus change order
AGR-14312 authorization in an amount not to exceed 10% of the work order package amount, for a five
AGR-14313 year term with two extensions not to exceed 24 months, as necessary, to complete
outstanding work order packages in progress; authorize the Public Utilities General Manager,
or designee, to execute Agreements with T.E. Roberts, Inc.; W.A. Rasic Construction
Company, Inc.; and Stephen Doreck Equipment Rentals, Inc.; and such other prequalified
Design -Build entities; and to take such actions as are necessary to implement and administer
the Agreements; determine that the projects to be performed under the Agreements shall be
categorically exempt under the California Environmental Quality Act, Sections 15301, 15302,
City Council Minutes of September 26, 2023
Page 16 of 34
15303, and/or 15304 of Title 14 of the California Code of Regulations; and authorize de
minimis changes that do not substantially change the terms and conditions of the Agreements,
as long as such changes are determined to be de minimis by the Office of the City Attorney.
DISCUSSION: Council Member Kurtz requested clarification as to why this contract was not
recommended to be awarded to the lowest responsible bidder.
Director Emami responded the nature of these types of master agreements are more commonly
known as an on -call agreements in order to have repairs completed for emergency or unanticipated
issues as quickly as possible. The City can save anywhere between 6 and 12 months with this
process which features a rigorous pre -qualification process, as well as the same process of bidding
and competing to get the best price for the City.
In response to Council Member Kurtz, Public Utilities General Manager Dukku Lee reported vendors
remain on the list for five years due to the success of the process.
MOTION: Council Member Kurtz moved to approve the Design -Build Master Agreement
(Agreements) for Water projects, each in an award amount not to exceed $3,000,000 per work order
package, plus change order authorization in an amount not to exceed 10% of the work order package
amount, for a five year term with two extensions not to exceed 24 months, as necessary, to complete
outstanding work order packages in progress; authorize the Public Utilities General Manager, or
designee, to execute Agreements with T.E. Roberts, Inc.; W.A. Rasic Construction Company, Inc.;
and Stephen Doreck Equipment Rentals, Inc.; and such other prequalified Design -Build entities; and
to take such actions as are necessary to implement and administer the Agreements; determine that
the projects to be performed under the Agreements shall be categorically exempt under the California
Environmental Quality Act, Sections 15301, 15302, 15303, and/or 15304 of Title 14 of the California
Code of Regulations; and authorize de minimis changes that do not substantially change the terms
and conditions of the Agreements, as long as such changes are determined to be de minimis by the
Office of the City Attorney, 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.
AGR-14314 14. Approve the General Services Agreement for Civil and Electrical Engineering and Technical
AGR-14315
Services (Agreement), each in an award amount not to exceed $500,000 per work order
AGR-14316
package with authorization for up to 15% in extra work, with a limit per consultant of
AGR-14317
$1,500,000 in total awards during each fiscal year of the Agreement term, inclusive of extra
AGR-14318
work; for a five-year term with up to two one-year extensions; authorize the Public Utilities
AGR-14319
General Manager, or designee, to execute the Agreement separately with 22 and such other
AGR-14320
civil and electrical engineering consultants prequalified during the five year term of the
AGR-14321
Agreement and to take the necessary actions to implement and administer the Agreements,
AGR-14322
including extensions; and authorize de minimis changes that do not substantially change the
AGR-14323
terms and conditions of the Agreement as determined by the City Attorney's Office (Ascend
AGR-14324
Analytics; ASEC, Inc.; Asplundh Engineering Services; Auriga Corporation; BKF Engineers;
AGR-14325
Cho Design Associates, Inc.; Chris Nelson & Associates, Inc.; Dahl, Taylor & Associates;
AGR-14326
Derek J. McGregor, Inc.; Electric Power Engineers, Inc.; Electrical Consultants, Inc.; EN
AGR-14327
Engineering, LLC; Ham ton Tedder Electric Company; IDS Group,Inc.; K&A Engineering and
p p y' g g
AGR-14328
Consulting; Kewo Engineering Corporation; LEE & RO, Inc.; NV5, Inc.; P2S, Inc.; PAR
AGR-14328
Western Line Contractors; Parkia, Inc.; and Sheffield Scientific, LLC).
AGR-14329
30
AGR-14331
AGR-14332
AGR-14333
AGR-14334
AGR-14335
City Council Minutes of September 26, 2023
Page 17 of 34
DISCUSSION: Council Member Kurtz requested clarification concerning the amount of money for the
number of contractors.
General Manager Lee responded there is a pre -qualification process for this contract award with 22
firms that have pre -qualified met the minimum requirements. They all still have to compete for any
type of professional service agreement, and must follow the provisions of City Council Policy 4.1.
In response to Council Member Kurtz, General Manager Lee noted City staff looks specifically for
utility experience and that they have done work for other utilities successfully.
MOTION: Council Member Kurtz moved to approve the General Services Agreement for Civil and
Electrical Engineering and Technical Services (Agreement), each in an award amount not to exceed
$500,000 per work order package with authorization for up to 15% in extra work, with a limit per
consultant of $1,500,000 in total awards during each fiscal year of the Agreement term, inclusive of
extra work; for a five-year term with up to two one-year extensions; authorize the Public Utilities
General Manager, or designee, to execute the Agreement separately with 22 and such other civil and
electrical engineering consultants prequalified during the five year term of the Agreement and to take
the necessary actions to implement and administer the Agreements, including extensions; and
authorize de minimis changes that do not substantially change the terms and conditions of the
Agreement as determined by the City Attorney's Office (Ascend Analytics; ASEC, Inc.; Asplundh
Engineering Services; Auriga Corporation; BKF Engineers; Cho Design Associates, Inc.; Chris
Nelson & Associates, Inc.; Dahl, Taylor & Associates; Derek J. McGregor, Inc.; Electric Power
Engineers, Inc.; Electrical Consultants, Inc.; EN Engineering, LLC; Hampton Tedder Electric
Company; IDS Group, Inc.; K&A Engineering and Consulting; Kewo Engineering Corporation; LEE &
RO, Inc.; NV5, Inc.; P2S, Inc.; PAR Western Line Contractors; Parkia, Inc.; and Sheffield Scientific,
LLC), 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.
AGR-14336 15. Approve a Professional Services Agreement with Intec Services, Inc., in an amount not to
exceed $4,623,200 with a 15% contingency, for as -needed extra services to provide
comprehensive inspection, testing, and data management of overhead electric utility
infrastructure for a two year term with an option to extend up to 12 months; authorize the
Public Utilities General Manager, or designees, to execute the agreement and related
documents and to take the necessary actions to implement, fund, and administer the
agreement; and determine that the services are categorically exempt from the California
Environmental Quality Act pursuant to Sections 15301, 15302, and 15304 of Title 14 of the
California Code of Regulations.
DISCUSSION: Council Member Kurtz noted she had no further questions concerning this item.
MOTION: Council Member Kurtz moved to approve a Professional Services Agreement with Intec
Services, Inc., in an amount not to exceed $4,623,200 with a 15% contingency, for as -needed extra
services to provide comprehensive inspection, testing, and data management of overhead electric
utility infrastructure for a two year term with an option to extend up to 12 months; authorize the Public
Utilities General Manager, or designees, to execute the agreement and related documents and to
take the necessary actions to implement, fund, and administer the agreement; and determine that the
services are categorically exempt from the California Environmental Quality Act pursuant to Sections
15301, 15302, and 15304 of Title 14 of the California Code of Regulations, 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.
City Council Minutes of September 26, 2023
Page 18 of 34
AGR- 16. Approve the First Amendment to Software Services Agreement with Power Market Consulting,
11234.1 Inc., in an amount not to exceed $84,000, for a one year extension of the agreement under its
existing terms and conditions for high voltage transmission software analytics database and
related services; authorize the Public Utilities General Manager, or designees, to execute the
First Amendment and related documents and to take the necessary actions to implement and
administer the amendment.
DISCUSSION: Council Member Kurtz noted she had inadvertently pulled this item and had no further
questions.
MOTION: Council Member Kurtz moved to approve the First Amendment to Software Services
Agreement with Power Market Consulting, Inc., in an amount not to exceed $84,000, for a one year
extension of the agreement under its existing terms and conditions for high voltage transmission
software analytics database and related services; authorize the Public Utilities General Manager, or
designees, to execute the First Amendment and related documents and to take the necessary actions
to implement and administer the amendment, 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.
20. RESOLUTION NO. 2023-080 A RESOLUTION OF THE CITY COUNCIL OF THE
AGR-14343 CITY OF ANAHEIM approving a Purchase and Sale Agreement with Caterina's Club;
authorizing the Director of Economic Development to finalize such Purchase and Sale
Agreement; authorizing the Director of Economic Development to implement such Purchase
and Sale Agreement; determining that the Purchase and Sale of the property is exempt from
CEQA pursuant to CEQA Guidelines Section 15312; and making certain other findings in
connection therewith [125 W. Vermont Avenue, APN: 037-072-43; purchase price of
$830,000].
Director of Economic Development Sergio Ramirez reported the item is a request for disposition of a
Successor Agency property located at 125 West Vermont in Council District Four. The property is a
small commercial property measuring roughly 9,680 square feet. The property was purchased by the
former Redevelopment Agency, in an effort to eliminate flooding conditions of a former liquor store
that previously operated at the subject property. Since its creation, the Economic Development
Department has been working to comply with the redevelopment dissolution law and dispose of
redevelopment properties. On April 12, 2022, staff declared the property surplus in accordance with
the Surplus Land Act. He noted the City did receive interest from a housing sponsor about the subject
property, but after due diligence, the developer determined that affordable housing would not be
feasible due to the small size of the property. In January, the Department of Housing and Community
Development provided City staff a letter of compliance with the Surplus Land Act (SLA) process.
Subsequent to the SLA process, staff received a proposal from Caterina's Club, a nonprofit
organization that provides food to Anaheim's youth. He added Caterina's Club has been leasing the
property since July of 2010 and is interested in property acquisition. In April 2024, staff commissioned
an appraisal, and the proposed sale price would be $803,000, market value for the property.
Proceeds from the sale would be transmitted to the County Assessor's Office for pro rata shares to
effect taxing agency agencies including the City of Anaheim, which would receive about 11 %.
DISCUSSION: In response to Mayor Pro Tern Rubalcava, Director Ramirez responded that the
property is valued at less than $1 million due to its small size . He added the appraiser used
comparable properties based on specifications of the property location.
City Council Minutes of September 26, 2023
Page 19 of 34
Mayor Pro Tern Rubalcava noted she did not object to the item, however, requested clarification on
the process for negotiating with businesses depending on business type, as there is a business in her
District which generates tax revenue for the City, but has not had a good experience with Economic
Development.
Director Ramirez reported businesses are treated the same, however, in this case, there was a
different City Council policy in place at the time concerning non -profits. He explained a third -party
appraiser is utilized to determine a market price based on comparable properties. The business
property referenced by Mayor Pro Tern Rubalcava is a larger size and on a commercial thoroughfare.
Mayor Pro Tern Rubalcava requested whether the City Council could review the various comparison
data for similar projects, and expressed concern that businesses may not be receiving equal
treatment. Director Ramirez reported the initial request was for donation of the property, however, the
City was unable to accommodate the request. The property is a Successor Agency property which
required sale of the site at a fair market value with proceeds distributed to the effecting taxing
agencies. He added the item presented is a disposition while the property Mayor Pro Tern Rubalcava
referenced will be brought forward as a lease for Council consideration.
In response to Mayor Pro Tem Rubalcava, Director Ramirez noted the property does not trigger a
subsidy since it is within the appraised fair market value. Mayor Pro Tern Rubalcava requested
information concerning the selection and use of appraisers and any City Council policies related to
the sale of properties in the City and what would trigger a subsidy.
Director Ramirez added the City utilizes the same appraiser for most properties excluding larger
properties such as hotels.
Council Member Kurtz expressed gratitude for City staff's adherence to the requirements of the
Surplus Land Act and moved to support staff's recommendation on this item.
MOTION: Council Member Kurtz moved to approve RESOLUTION NO. 2023-080 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Purchase and
Sale Agreement with Caterina's Club; authorizing the Director of Economic Development to finalize
such Purchase and Sale Agreement; authorizing the Director of Economic Development to implement
such Purchase and Sale Agreement; determining that the Purchase and Sale of the property is
exempt from CEQA pursuant to CEQA Guidelines Section 15312; and making certain other findings
in connection therewith [125 W. Vermont Avenue, APN: 037-072-43; purchase price of
$830,000], seconded by Mayor Pro Tern Rubalcava.
DISCUSSION: Mayor Aitken clarified prior to the vote, and City Attorney Fabela affirmed, that there
was no conflict of interest in her participation in this agenda item, as she was a prior Board member
and honoree of Catarina's Club.
MOTION: Council Member Kurtz moved to approve RESOLUTION NO. 2023-080 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Purchase and
Sale Agreement with Caterina's Club; authorizing the Director of Economic Development to finalize
such Purchase and Sale Agreement; authorizing the Director of Economic Development to implement
such Purchase and Sale Agreement; determining that the Purchase and Sale of the property is
exempt from CEQA pursuant to CEQA Guidelines Section 15312; and making certain other findings
in connection therewith [125 W. Vermont Avenue, APN: 037-072-43; purchase price of
City Council Minutes of September 26, 2023
Page 20 of 34
$830,000], seconded by Mayor Pro Tern Rubalcava. ROLL CALL VOTE: AYES — 7 (Mayor Aitken
and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES — 0. Motion
carried.
D116 25. Discuss and provide direction to staff on potential modifications to the Information Technology
(IT) electronics policy; electronic document retention policies, and the potential use of internal
or 3rd party support services to independently respond to Public Records Act Requests
(PRAs), and amend the City's Fiscal Year 2023/24 budget accordingly.
Director of Finance Debbie Moreno introduced Deputy Director of Finance Jean Ibalio to present the
item. Deputy Director Ibalio introduced Information Services Manager Ed Jin and Enterprise Architect
Jack Connor with the City's contracted company SAIC. Deputy Director Ibalio provided a report and
presentation, noting the item is a request for City Council direction on proposed modifications to
various policies and use of services in response to the City Council's approved priority list of reforms
stemming from recommendations in the JL Group investigative report. She detailed the priority list of
reforms including requiring the use of government phones (for defined employees), a requirement to
forward documents from personal devices to government address or turn over access to the personal
device, a Document Retention Policy, and internal or third -party support service to independently
respond to Public Records Acts Requests (PRAs).
Deputy Director Ibalio covered the current practice for the required use of government phones which
are procured and managed by each department and assigned based on the department's policy.
Administrative Regulation (AR) 410 (Use of Office Communication) requires employees to restrict the
use of City owned phones exclusively for business only but allows personal use limited to occasions
where reasonably necessary and does not interfere with the duties of the employer. She noted for
select departments and users, such as police and fire personnel, IT uses a utility software, Mobile
Device Management (MDM), with limited features that assist with the efficient configuration of
phones, as well as the ability to lock or unlock the phone, and or wipe the device in the event that is
has been lost or stolen. Proposed modifications include updating AR 410 to include a specific
provision to require any member of the City Council, support staff, or consultant/contractor of the
Mayor or City Council, Executive Team, Chief Communications Officer, or any designated employee
by the City Manager or Executive Team, to use City -issued phones only for the purposes of
conducting City business. She added all devices used by the group mentioned shall be procured and
managed by IT only and the devices will also have expanded MDM features that will include
restrictions of certain actions including deletion or modification of accounts. She noted the proposed
modification has a total estimated cost of $50,000 with an anticipated earliest completion date of
January 2024.
Deputy Director Ibalio presented the requirement to forward documents from personal devices to
government address, or turning over access to personal devices. She noted the City does not have a
current policy that defines the authority for the City to demand access nor require employees to
forward documents from their personal devices. The exception is when documents fall within the
scope of a public record which is mandated by Anaheim Municipal Code (AMC) Section 1.10.070
requiring the record to be forwarded and captured through the formal records retention system and
PRA process. She reported the recommended modification is to update AR 410 (Use of Office
Communication) to formally discourage the use of personal devices to conduct City business.
Provisions of AMC Section 1.10.070 will remain applicable and enforceable. She noted there are no
anticipated costs for the modification which has a timeline for completion of one to two months.
The Document Retention Policy applies to several types of documents, however, Deputy Director
Ibalio noted the item for discussion is limited only to electronic data, specifically in the form of emails
City Council Minutes of September 26, 2023
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within a City of Anaheim account. The current practice defines a default 90-day retention of electronic
data for employees subject to the Sunshine Ordinance, any member of the City Council, staff of the
Mayor or City Council, or the Executive Team of the City. The employees have the ability to classify
an email as a "public record", per the provisions of AMC Section 1.11.040, which flags the document
for an extended retention of 24 months. She explained in the event a "Litigation Hold" is placed on an
account, files are preserved indefinitely as a Microsoft personal storage table (PST) file type. AR 155
(Information Services Technology Use Policy) defines the provisions related to electronic data,
including the maintenance and retention of the records. She added the default retention period for all
other employees exempt from the Sunshine Ordinance is 30 days. The proposed modification would
expand the default retention period for employees and individuals subject to the Sunshine Ordinance
defined in AR 155, from 90 days to 24 months. She explained this would apply to all emails and
would no longer require action selection to classify the document as a public record. Additional tools
specifically Microsoft Purview are requested to allow for eDiscovery features expanding the amount of
information and data for electronic records preservation, as well as searching through records in a
more efficient and effective manner. She noted the anticipated cost for the modification is $52,500
and has a timeline for completion of one to two months.
Deputy Director Ibalio covered the final item, AR 148 (Public Records Requests), which establishes a
procedure for responding to requests for public records which conforms to the requirements of the
California Public Records Act. She explained requests for public records which involve records from
multiple departments are coordinated and administered by the Office of the City Clerk. The requests
are forwarded to the respective departments to independently search their records and provide
responsive documents which are reviewed by the offices of the City Clerk and City Attorney.
The presentation included information concerning the City's current practices and recommended
modifications related to use of government phones, requirement to forward documents from personal
devices, document retention for electronic data, and internal or 3rd party support service to
independently respond to Public Records Act (PRA) requests. Estimated costs, depending on City
Council preference concerning implementation of the proposed recommendations, were
approximately $750,000. She reported a potential modification is to establish an internal support
service, which would include a new work unit comprised of up to four positions, and will be tasked
with performing searches for responsive electronic records. AR 148 would include procedures to
utilize the eDiscovery enhancements for email accounts to facilitate an efficient way to perform the
searches using software. She noted the estimated cost for staff of four would be approximately
$750,000 per year. The projected earliest completion of establishing the new work unit is February
2024.
DISCUSSION: Council Member Kurtz requested clarification concerning one-time versus recurring
costs and storage of text messages.
Deputy Director Ibalio provided specificity that the mobile device management ($50,000) was a one-
time cost to upgrade the current license, eDiscovery features through Microsoft Purview ($50,000)
would be a one-time cost for implementation with a $2,500 annual cost for the subscription, and
creation of a work unit to include up to four positions to address PRA's would be approximately
$750,000 per year on a recurring basis.
Council Member Meeks inquired about text messages storage, review, and retention and whether
there is a need for a separate device. She inquired if the retention of text messages would be similar
to the process for PRAs. Deputy Director Ibalio responded that tool recommended for review would
be limited to emails and with a City -owned device and mobile device management (MDM), tools
would be available to City staff to access and review text messages.
City Council Minutes of September 26, 2023
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Council Member Meeks requested clarification on the need for a separate device if the City issued
emails are being utilized. In response to Council Member Meeks, Deputy Director Ibalio clarified the
emails are stored in a serve while the texts are unique to the device or phone account. She clarified
the City does not have the ability to install software to have notifications pushed to another device.
She noted the concern is that the City would not have the ability to separate the copies of personal
data along with business data. Director Moreno added if the City issues and manages the devices
with the MDM, the City will not permit other messaging apps that would circumvent the controls.
In response to Council Member Meeks, Director Moreno addressed the concern of the ability to
manage various items and devices via the mobile device management tool. She noted the merger of
devices (personal versus City -owned) could result in access to personal information.
Council Member Leon made various inquiries, including confirmation of restrictions listed in AR 410
against personal use of City -owned devices, clarification of which users have the MDM applied to
their devices, the type of software utilized, and whether there are any separate legal governmental
requirements the City Council should be mindful of.
Deputy Director Ibalio confirmed that personal use of City -owned devices is generally restricted,
though allowable in specific instances, that certain users, such as Fire and Police Personnel, City
Council Members and executives have the MDM applied to their devices, and that the City utilizes
Workplace One for the MDM.
In response to Council Member Leon, City Attorney Fabela stated there were no specific
requirements, however, there are best practices in relation to Public Records Requests that can be
adopted.
Council Member Leon supported the use of City -owned devices for the conduct of City -related
business to establish and maintain public transparency and trust and enforce the City's provisions.
In response to Council Member Leon, Deputy Director Ibalio noted that the City has no authority to
demand that individuals surrender their personal devices. Deputy Director Ibalio clarified the
Municipal Code defines an electronic record and confirmed that if City business is conducted on a
personal device, it is still considered a public record and subject to disclosure. City Attorney Fabela
confirmed the provisions are State law as well.
In response to Council Member Leon, City Attorney Fabela reaffirmed disclosure of records on
personal devices. City Attorney Fabela added pursuant to the AMC and California Supreme Court
law, the City can request the records but it is the employee's obligation to produce the records. He
summarized Council Member Leon's question encompasses proposed modifications to City policy
that would facilitate access to public records within a regulatory framework.
Council Member Diaz stated that it is important for public officials to respond to public records
requests regardless of who owns the device. He expressed concern with requiring additional devices
and expectations of City staff to carry them. He expressed support for the MDM, inclusive of costs,
however, did not support the hiring of additional staff at this time.
Mayor Pro Tern Rubalcava expressed general support for the recommended items and requested
additional information concerning the proposal for additional staff who will be assisting with public
records requests.
City Council Minutes of September 26, 2023
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City Manager Vanderpool clarified that the report proposed "up to" four additional staff, with a phased
in approach depending on workload. City Clerk Theresa Bass provided detail regarding the proposal,
including that additional staff could also be available to work on implementation of other City Clerk -
related items and workloads created from other City Council reforms. She explained the request is to
look at two (2) additional staff members in the City Clerk's Office, one (1) in the City Attorney's Office,
and an ombudsman. The ombudsman would encompass ethics enforcement and public records
requests. She added the staff assigned to the City Clerk's Office would assist with the public records
request process including reviewing records and redactions. City Clerk Bass noted there is a potential
for growth and reevaluation of the work unit.
Mayor Pro Tern Rubalcava thanked staff for their work and supported the recommendations
presented.
Council Member Faessel thanked staff for their explanations of the proposed modifications. He
requested information on the current retention of calendar items as a public record and any proposed
policy.
In response to Council Member Faessel, Deputy Director Ibalio confirmed calendar items are
captured within the same retention as emails. The proposed modification is to increase the retention
period from 90 days to 24 months.
Council Member Kurtz supported all of the proposed recommendations and highlighted the request
for additional staff to implement modifications concerning public records requests.
Council Member Meeks confirmed that she could continue to use her City email on her personal
computer while utilizing her City account and it would be in compliance with the recommendations as
she prefers to have everything centralized. She also expressed support for the additional staff to
implement modifications concerning public records requests.
In response to Mayor Aitken, Deputy Director Ibalio confirmed the departments determine which staff
members will receive city -issued devices. She added that the majority of City executives choose to
have City -issued phones to conduct City business. City Manager Vanderpool confirmed the majority
of the Executive Team utilizes city -issued devices.
Mayor Aitken requested to require that any City business conducted on personal devices be
forwarded to a City account. She noted this would be to preserve public records and prevent
individuals from withholding public records.
In response to Mayor Aitken, City Attorney Fabela stated that there are Federal regulations that deal
with lack of compliance by public officials to comply with forwarding City business emails to the
appropriate City account, and it would subject those individuals to personnel action, however, this
does not directly apply to local elected officials.
Mayor Aitken requested an enforcement mechanism for elected officials as harsher penalties may
deter malfeasance. Additionally, she would like to ensure the system implemented allows for making
fair determinations of what is considered a record and in accordance with the appropriate timeframes.
She expressed concerns regarding the current retention period for records and the ability to provide
responsive records. She supported the need to have an independent analysis of records request
responses and inquired about the amount of staff time currently utilized to respond to public records
requests.
City Council Minutes of September 26, 2023
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City Attorney Fabela stated that his two paralegals, who should be working on trial preparation and
other City Attorney functions, are now largely working on public records request discovery. He also
has one attorney, who is almost exclusively working on public records requests, and other attorneys
are routinely involved due to the complexity of the requests.
City Clerk Bass reported the time impacts on her team, noting that she, the Assistant City Clerk, and
one records employee are currently heavily involved with processing requests. Additionally, they
coordinate with every Department in the City to process requests.
Mayor Aitken supported the request for additional staff to assist with public records requests, given
the potential new requirements and reforms that may be implemented. Upon discussion and
clarification with the City Attorney and City Clerk, Mayor Aitken requested that repetitive public
records requests and responsive records be posted to the City's website (in .pdf format), to avoid
duplicative work.
Council Member Leon suggested the use of a third -party tool (Signal or Telegram) to address
potential text message retention and response concerns. He supported the need to address use of
personal phones for the conduct of City business.
Mayor Aitken agreed with Director Moreno's comments that these recommendations are the initial
steps in the process and can be reviewed over time to address organizational needs.
Mayor Pro Tem Rubalcava did not support use of technology that could potentially hamper disclosure
or production of City business records and requested clarification of the stronger path forward, by
ordinance or Council policy, in addition to requesting clarification of the difference between the two.
City Attorney Fabela responded that current provisions are memorialized via Administrative
Regulations (AR). He explained ordinances are general laws of the City that apply to everyone
whereas Administrative Regulations regulate internal activity with the City.
Council Member Meeks requested clarification on how the software and provisions would work across
devices and that the regulations should be clear as to the correct procedures to use to ensure
compliance. Deputy Director Ibalio responded that utilization of City software and processes could be
implemented across various devices.
In response to Mayor Pro Tern Rubalcava's inquiry concerning the use of personal devices,
specifically referencing text messages and phone calls, Director Moreno noted that the current and
proposed modifications concerning the subject matter under consideration include "de minimis"
provisions that cover incidental use of City devices for personal matters. The purpose of the proposed
modifications is to ensure consistent and searchable applications and other technology that would
enhance responsiveness and public transparency. Mayor Pro Tern Rubalcava requested that any
memorialization of updated processes and procedures include clarification of incidental use.
Council Member Leon expressed support for tools that will allow the City to collect information it
needs. He requested the provisions are updated to ensure that personal accounts are not being used
for City business.
Director Moreno responded that the intention of the modifications and updates is to facilitate the
collection of information and data as needed and required. City Attorney Fabela summarized that
direction and feedback provided by the City Council on this matter would be included in any formal
policies or administrative regulations that would be memorialized. Director Moreno noted
Administrative Regulations are approved by the Executive Team and staff will implement all of the
City Council Minutes of September 26, 2023
Page 25 of 34
recommendations discussed. City Attorney Fabela added that although Administrative Regulations
are handled internally, the general concepts could be brought back for City Council review prior to
finalization.
Mayor Pro Tern Rubalcava supported the public presentation of any updated related policies or
regulations to ensure public transparency on how the new processes and procedures would work.
Mayor Pro Tern Rubalcava also requested training for Council Members and other applicable users to
reinforce expectations of compliance.
In response to Council Member Leon, City Attorney Fabela clarified the Council can vote on the items
to provide direction to staff to draft the Administrative Regulations.
MOTION: Mayor Pro Tern Rubalcava moved to direct staff to modify policies to include provisions to
only use City -issued phones for conducting City business, seconded by Council Member Leon.
DISCUSSION: Mayor Aitken recommended reviewing the recommendations again to ensure proper
direction is provided to staff.
Council Member Leon clarified the vote would be to direct staff to draft the regulations and return to
the City Council to finalize the implementation of the new policies.
City Attorney Fabela reported the proposed action would give staff the authority to make the changes
administratively and return to the City Council with an update on the changes.
In response to Mayor Aitken, City Manager Vanderpool noted the updated ARs can be included in the
City Manager's Update, however, they can be agendized as a receive and file item on the Consent
Calendar.
Mayor Pro Tern Rubalcava clarified the action is to provide direction to staff and return to the City
Council as a receive and file agenda item.
Council Member Diaz expressed concern regarding the lack of protection in the current proposed
wording for City employees or users who incidentally utilize City devices for personal matters in
emergency or urgent situations.
Director Moreno and City Attorney Fabela reiterated that there are current "de minimis" protections in
the current policy and procedures that will not change. City Attorney Fabela clarified that the
proposed updates and reforms intend to ensure that personal devices are not intentionally utilized for
the conduct of City business.
In response to Mayor Aitken, Deputy Director Ibalio reported the policies can include language noting
the provisions are applicable to those listed in the Sunshine Ordinance.
Council Member Faessel inquired as to who the new policies would apply to. Director Moreno
responded that the recommendations would include the Mayor, City Council, any
consultants/contractors, employees of the Council, all Department Heads, the Chief Communications
Officer, and any other person that the City Manager or Department Heads should designate.
Council Member Kurtz requested whether the training requested by Mayor Pro Tern Rubalcava could
be formalized for City Council Members in the future, similar to the required ethics training.
City Council Minutes of September 26, 2023
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Council Member Diaz thanked Council Member Faessel for mentioning the Council Aides and
clarified communications that may be applicable as a public record.
MOTION: Mayor Pro Tern Rubalcava moved to direct staff to modify policies to include provisions to
only use City -issued phones for conducting City business, 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 requested stronger enforcement methods for providing public records. She requested a
notification procedure or repercussions for those who violate the requirement to forward City business
information on personal devices to City accounts.
Council Member Leon and Council Member Meeks expressed support for the Mayor's
recommendation. Council Member Meeks requested the provision state personal accounts instead of
personal devices.
Council Member Leon confirmed the requests with Information Services Manager Jin and Enterprise
Architect Connor.
In response to Mayor Aitken, City Attorney Fabela summarized the Supreme Court wording related to
the forwarding of City records to City accounts, stating agencies might require that employees use or
copy their government accounts for all communications touching on public business. Federal agency
employees must follow such procedures to ensure compliance with analogous Freedom of
Information Act (FOIA) requests, prohibiting the use of personal electronic counts for official business
unless messages are copied or forwarded to an official account. Official email messages and
employees personal accounts are preserved in the agency's record keeping system.
MOTION: Mayor Aitken moved to direct staff to modify policies forbidding the use of personal
accounts to conduct City business and require that any City emails that are sent to personal devices
be forwarded to a City email, seconded by Council Member Meeks.
DISCUSSION: In response to Council Member Leon, Mayor Pro Tern Rubalcava confirmed that City
business conducted via text message on any device is considered a public record and must be
disclosed pursuant to a public records request. City Attorney Fabela clarified that the Supreme Court
has been clear that not every communication, even in a business setting with an agency, is a public
record.
MOTION: Mayor Aitken moved to direct staff to modify policies forbidding the use of personal
accounts to conduct City business and require that any City emails that are sent to personal devices
be forwarded to a City email, 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.
Mayor Aitken confirmed there was general City Council consensus to expand the retention period for
employees subject to the Sunshine Ordinance from 90 days to 24 months.
MOTION: Mayor Pro Tern Rubalcava moved to direct staff to policies expanding the retention period
for employees subject to the Sunshine Ordinance from 90 days to 24 months and enhancing user
accounts with eDiscovery features through Microsoft Purview, seconded by Council Member Kurtz.
City Council Minutes of September 26, 2023
Page 27 of 34
DISCUSSION: In response to Council Member Leon, City Attorney Fabela provided clarification as to
the City's litigation hold practices, which require preservation of certain records related to specific
litigation proceedings underway in which the City is a party. City Attorney Fabela also confirmed the
City's practices concerning retention of records when an employee separates from the City, and that
emails are retained for 90 days pursuant to current policies. The length of retention time could
change subject to any modification of existing policies by the City Council.
In response to Council Member Leon, Deputy Director Ibalio confirmed that any change in length of
retention time for email inboxes would be prospective, as the existing policy is currently only 90 days
and certain records may have already been dispositioned. The server backup files are currently
retained for two years. City Attorney Fabela noted he does not have any legal concerns with the
retention period, however, advised more staffing would be required to ensure staff is producing the
correct documents.
Council Member Faessel clarified the retention period and the timeline for implementation. Director
Moreno noted the retention period would begin once policies are enacted.
Council Member Leon clarified the retention period is being revised for account inboxes and there
would be no change to the server's retention period.
MOTION: Mayor Pro Tern Rubalcava moved to direct staff to policies expanding the retention period
for employees subject to the Sunshine Ordinance from 90 days to 24 months and enhancing user
accounts with eDiscovery features through Microsoft Purview, 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.
Mayor Aitken confirmed that certain responses to public records requests could be posted to the
City's website in .pdf format for ease of public access and reference.
MOTION: Mayor Pro Tern Rubalcava moved to direct staff to establish an internal support service unit
to perform searches for responsive electronic records and direct staff to modify policies to include
procedures to utilize the eDiscovery enhancements for email accounts to facilitate an efficient way to
perform searches of email records, seconded by Council Member Meeks.
DISCUSSION: Council Member Diaz confirmed with City Attorney Fabela that legal review would still
be required concerning certain public records requests, however, the general determination and
processing of public records requests are handled by the City Clerk's Office. City Attorney Fabela
also noted that with the changes approved to the various policies considered pursuant to this agenda
item, additional staffing to address public records requests is needed as the volume of public records
will be increasing. Council Member Diaz expressed concern that all requested positions would be
filled immediately, without having a full understanding of the increased records volume.
Mayor Aitken reiterated the importance of noting the request is for up to four additional staff members
and establishing the system best suited to the City, staffing, and training. Mayor Pro Tern Rubalcava
added the additional staffing is beneficial for increased transparency and oversight.
In response to Council Member Diaz, Council Member Meeks suggested the motion be amended for
the purpose of requesting a staffing plan for the new positions, aligned with the public records
requests duties as well as deployment and implementation of the new technology
City Council Minutes of September 26, 2023
Page 28 of 34
Mayor Pro Tern Rubalcava accepted the amendment suggested by Council Member Meeks and
requested a staffing plan with additional detail and the dollar amounts for each of the employees.
Mayor Pro Tern Rubalcava provided an example at the State level regarding Ethics enforcement and
the Clerk's office.
MOTION: Mayor Pro Tern Rubalcava moved to direct staff to establish an internal support service
unit, up to four positions with City Council staffing plan approval, to perform searches for responsive
electronic records and direct staff to modify policies to include procedures to utilize the eDiscovery
enhancements for email accounts to facilitate an efficient way to perform searches of email records,
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.
D116 26. Discuss and provide any direction to staff regarding the City of Anaheim's Ticket Disclosure
policy.
Executive Director of Convention, Sports, and Entertainment Tom Morton reported the item is a
request for City Council direction on proposed modifications to the City of Anaheim's Ticket
Disclosure policy as part of the schedule of proposed reform discussed at the August 29, 2023
Council meeting. As part of that request, the City Council directed staff to provide more information on
the City's ticket disclosure policy, along with possible reforms. The ticket disclosure policy and ticket
disclosure form can be found on the City's website. The ticket disclosure policy makes the City
Manager, by default, the ticket administrator to implement the provisions of the policy. Most tickets
that are distributed require a Fair Political Practices Commission (FPPC) Form 802 to be filled out
and posted publicly. A list of FPPC Form 802's, along with filled -out copies of the form, can be found
on both the City's website and the State's FPPC website. The policy was most recently updated by
City Council at its meeting on February 9, 2021. The changes were made to reflect the updates to
FPPC regulations that specify criteria necessary that allow for the distribution of tickets without them
being treated as gifts.
Council Member Leon inquired whether the categories for ticket distribution in the current policy were
determined by FPPC regulation or at the City's discretion. City Attorney Fabela clarified that the
FPPC provides general definitions, however, each City determines the public purpose for ticket
distribution. The City Council has the authority to modify the various public purpose categories in its
established policy. The FPPC only requires the City to establish a policy. Council Member Leon
suggested the City Council consider expanding the categories for ticket distribution in the current
policy.
In response to Council Member Leon, City Attorney Fabela clarified the reporting requirements for the
Form 802. Executive Director Morton clarified if tickets were received by a party outside of the City a
Form 700 would be required. Council Member Leon suggested, in the spirit of transparency,
establishing a process by which members of the public could access information concerning who
received and distributed tickets pursuant to the City's policy.
Mayor Pro Tern Rubalcava suggested a uniform process for tracking tickets and making public
access easier to navigate on the City's website. She also reiterated that City Council Members must
declare the tickets as income. She requested a format that was searchable similar to the searchable
features of the campaign finance forms currently posted to the City's website. Executive Director
Morton provided clarification on the information provided on Form 802's and the format the form is
uploaded. Mayor Pro Tern Rubalcava requested a navigable database for the forms.
City Council Minutes of September 26, 2023
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Mayor Aitken requested that the Form 802's follow a similar format to the Campaign Finance
disclosure database.
Council Member Faessel concurred with Mayor Pro Tern Rubalcava's request to make the ticket
distribution information searchable for public access.
In response to an inquiry from Council Member Kurtz, Executive Director Morton provided clarification
that the Council Member's name and the hosting entity's name would be listed on the Form 802 if
tickets were distributed to a hosting entity for donation for silent auctions or similar events. The
ultimate recipient of the tickets would have their name listed on the City's log as the tickets are
transmitted electronically, but not on the Form 802.
Council Member Leon clarified internal procedures for calendar invitations and distribution of tickets.
Mayor Aitken requested if an email list can be created to notify individuals of available tickets for
distribution. Executive Director Morton noted the process was implemented in the past and cited the
difficulty of distribution and integration of electronic ticket use. He noted the process can be revisited.
City Manager Vanderpool noted the issue is not identifying individuals regarding extra tickets. The
complication is providing the tickets since the process is electronic which requires an account and
corresponding emails. He cited the previous discussion of responding to related public records
requests and the increased responsive records related to that process. Executive Director Morton
reported the contact period is approximately three days compared to the proposed week.
In response to City Manager Vanderpool, Executive Director Morton referenced an issue with chain of
custody and paper tickets. He noted the concern is that the tickets would be sold in a secondary
market, violating the current leases with Angels Stadium and the Honda Center.
Mayor Aitken requested clarification as to the degree of specificity required when a Council Member
is donating tickets to employees. Executive Director Morton reported the department would be
reported and not the employee name, the ticket log maintained by the City includes additional
information. City Attorney Fabela clarified that the donation of tickets to an employee for exemplary
service does not need to be reported by the employee as income as it is a defined public purpose in
the current policy. He further stated that the City Council Members have the first level of authority on
whether they will use them personally or behest them. Executive Director Morton confirmed the
process.
Mayor Aitken suggested a process where the City Council's use of tickets could be publicly posted,
including the event, the number of tickets utilized, and whether it was for City business or personal
use. Executive Director Morton stated the log sheet could be publicly posted and has also been
disclosed pursuant to public records requests in the past. City Clerk Bass noted the log has been
provided as a public record through the request process. She noted redactions are included on the
log to exclude contact information of the recipients.
Council Member Kurtz confirmed with staff that if a Council Member does not use tickets, they
become available for other public purposes pursuant to the current policy.
Mayor Pro Tern Rubalcava requested that the log is included alongside the Form 802 for navigation
purposes.
City Council Minutes of September 26, 2023
Page 30 of 34
MOTION: Council Member Leon moved to update the City of Anaheim's Ticket Disclosure policy, to
create an easy to search database that lists what tickets are given to individuals, and to post the
redacted ticket log on the City's website, seconded by Mayor Pro Tern Rubalcava. ROLL CALL
VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and
Meeks); NOES — 0. Motion carried.
D182 27. Receive an informational update on the Underground Conversion Program [Informational
item].
Public Utilities General Manager Dukku Lee noted the item was requested by Council Member Kurtz
as to the status of the City's Underground Conversion Program. He introduced Assistant General
Manager Electric Services Janet Lonneker and Electrical Capital Projects Manager Vinh Tran.
General Manager Lee provided historical information concerning the challenges related to utility poles
and in 1990 the City Council established a citywide program to underground major roadways. In
2007, a rebate program was established to allow residents who do not live on those major roadways
to underground service lines. In 2017, the program was expanded to include areas where reliability
needs are paramount including fire threat zones. The City has completed 58% of eligible power lines
and receives inquiries about the program from utilities both nationally and internationally. General
Manager Lee explained during the project's inception, a subcommittee was created comprising of
three (3) Public Utilities Board Members and two (2) Planning Commissioners. The subcommittee
recommends projects based on certain criteria, including project coordination, reliability consideration,
available funding, diversity of projects throughout the City, and aesthetic benefits. The selected
project is incorporated into the five-year plan, and then presented before the full Public Utilities Board,
and ultimately, the City Council.
General Manager Lee provided further information, including the pros and cons of undergrounding,
noting items such as increases in reliability and reductions in outages, however, outages with
undergrounded equipment take longer to repair and construction costs are escalated.
Undergrounding costs have increased from $2 million to $7 million per mile since the project's
inception. He presented the Underground Conversion projects located at Brookhurst and Ball, Lincoln
at the 57 freeway, and Santa Ana Canyon and Royal Oak. General Manager Lee noted the
subcommittee has tried to distribute the projects evenly across all districts and highlighted the
community investments with a combined investment of over $400 million. He displayed the 15 active,
completed, and upcoming projects within the five-year plan. It was noted that having a five-year plan
gives other utilities and the City the timeline to plan appropriately. Assistant General Manager
Lonneker provided updates to current projects including Sycamore, Beach Blvd., Cerritos/Nutwood,
Wildfire Mitigation, Olive/Vermont, and East Street. Project Manager Tran provided information on
customer coordination and notification processes, including the status of projects and the provision of
project manager's contact information to the public and other advance notification of planned
outages. Results of customer satisfaction surveys were also presented, noting 86% of customers
were satisfied with the overall results. City staff seeks to mitigate customer inconvenience during
construction projects, including traffic noise and access to properties to minimize disruption.
DISCUSSION: Council Member Kurtz expressed gratitude to staff for the presentation, appreciation
for the staff's efforts to minimize impacts to residents during construction, and advance notifications.
In response to Council Member Leon, General Manager Lee confirmed that for the Ball Road project,
Southern California Edison (SCE) is responsible for non -City areas, and they have significantly
slowed their undergrounding program. General Manager Lee confirmed the decision to progress
City Council Minutes of September 26, 2023
Page 31 of 34
undergrounding into residential areas is a City Council policy question, along with the determination
of criteria related to selection of any proposed residential projects.
Mayor Pro Tem Rubalcava inquired as to the factors that should be considered when determining
residential undergrounding projects. General Manager Lee stated that the City will have to look at
funding sources for residential neighborhoods, given that private communication companies are not
required to underground on smaller streets. He also mentioned the impacts of lines encumbered by
Southern California Edison. Mayor Pro Tern Rubalcava also expressed appreciation for the
presentation.
Mayor Aitken requested the PowerPoint Presentation for this item be emailed to the City Council.
Informational item with no formal action taken by Council.
D154 28. RESOLUTION NO. 2023-085 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM for exception to the 180-day wait period in compliance with Government
Codes 7522.56 and 21224 (appointment of Robert Gomes as an extra help retired
annuitant within the Community Services Department).
Acting Director of Human Resources Gretchen Beatty reported the item is a resolution certifying the
critical need in the Community Services Department for extra assistance. Waiver of the 180-day
waiting period requirement for post -retirement unemployment is necessary for the appointment of
Robert Gomes as an extra help retired annuitant as required under California Public Retirement Law.
Mr. Gomes retired as Park Services Superintendent in July of 2023 after serving more than 16 years
in the classification. In the meantime, the Department had identified a number of critical projects
requiring extra help assistance beyond the current staffing resources. Mr. Gomes, with his prior
experience, is uniquely qualified to fill this role and will be guiding the assigned projects. Mr. Gomes
will also be helping to prepare the project to transition to permanent staff. He will be limited to working
960 hours in a fiscal year and his assignment will not exceed one year. Acting Director Beatty
reported Mr. Gomes rate of pay will be $64.14 per hour consistent with his pre -retirement rate of pay
as required under the law. There are sufficient funds available in the Department budget to cover the
cost of the extra help assignment.
In response to Council Member Faessel, Director of Community Services Sjany Larson -Cash
responded that part of Mr. Gomes' assignment will be to prepare the City and staff for upcoming
recruitments to fill the vacancies related to this matter.
MOTION: Council Member Meeks moved to approve RESOLUTION NO. 2023-085 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM for exception to the 180-day
wait period in compliance with Government Codes 7522.56 and 21224 (appointment of Robert
Gomes as an extra help retired annuitant within the Community Services Department), seconded by
Mayor Pro Tern Rubalcava. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members
Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES — 0. Motion carried.
PUBLIC HEARINGS:
F130.4 29. A public hearing regarding a proposed franchise to SFPP, L.P., to maintain and operate a
pipeline for the transportation of oil, petroleum, gas, gasoline, or other hydrocarbon
substances, excluding natural gas, or water in various streets in the City of Anaheim.
Determine that the proposed Ordinance is exempt from the California Environmental Quality
Act pursuant to Public Resources Code Section 15301 (existing facilities) of Title 14 of the
City Council Minutes of September 26, 2023
Page 32 of 34
California Code of Regulations as this Franchise is being issued on an existing pipeline.
ORDINANCE NO. 6559 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM granting a franchise to SFPP, L.P., to maintain and operate pipelines for the
transportation of hydrocarbon substances in the City of Anaheim.
Director of Public Works Rudy Emami presented the item and reported the matter involves the
proposed ordinance granting a franchise to SFPP, L.P. (SFPP), to maintain and operate pipelines to
transport hydrocarbon substances in the City of Anaheim. He provided historical information
regarding the franchise noting that in July of 1962, the City of Anaheim granted a pipeline franchise to
Southern Pacific Pipelines, Inc. via Ordinance No. 1727. The entity, now known as SFPP, has
maintained and operated approximately 21,500 linear feet of 10 and 16 inch pipelines in various
streets in the City. Ordinance No. 1727 has since expired, and SFPP has been operating the
pipelines in a holdover status and paying its annual fee to the City. This franchise will continue to
bring in an annual fee of approximately $14,800. In conformance with the City Charter, SFPP
submitted an application for a non-exclusive franchise to provide a pipeline for the transportation of
hydrocarbon substances, excluding natural gas or water. At the August 29, 2023 meeting, the City
Council determined that the proposed franchise is exempt from the California Environmental Quality
Act as a franchise is being issued on an existing pipeline. Director Emami mentioned the City Council
adopted a resolution declaring its intention to adopt an ordinance granting a non-exclusive franchise
and setting the public hearing date of September 26, 2023 to consider this franchise. In addition to
the franchise, an MOU between SFPP, and the City was approved on August 29, 2023. The City
identified a portion of an existing pipeline that conflicts with future development plans for adjacent
sites and SFPP, agreed to resolve this conflict by realigning the conflicting segment pipeline at its
sole cost. He noted staff supports the proposed franchising, as it will allow the existing pipeline to be
repaired and properly maintained. He highlighted the franchise is a significant improvement over the
older franchise language and gives the City more authority to ensure that the existing oil pipeline will
be appropriately maintained.
Seeing no inquiries from the City Council on the item, Mayor Aitken opened the public hearing and
public comments. City Clerk Bass reported there were no public comments received for the public
hearing in -person or electronically. Mayor Aitken closed the public hearing.
MOTION: Council Member Meeks moved to introduce ORDINANCE NO. 6559 (INTRODUCTION)
AN ORDINANCE OF THE CITY OF ANAHEIM granting a franchise to SFPP, L.P., to maintain and
operate pipelines for the transportation of hydrocarbon substances in the City of Anaheim, and waive
full reading of and introduce Ordinance 6559, 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.
F130.2 30. A public hearing to consider the establishment of Taxicab Program Administrative Regulations
and associated fees relating to taxicab franchises.
ORDINANCE NO. 6560 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending Sections 4.73.010, 4.73.080, 4.73.100,
4.73.160 and 4.73.190 of Chapter 4.73 of Title 4 of the Anaheim Municipal Code relating to
Nonexclusive Taxicab Franchises.
RESOLUTION NO. 2023-086 _ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing fees and charges relating to taxicab franchises and taxi
regulations [this resolution determines that it is not subject to California Environmental Quality
City Council Minutes of September 26, 2023
Page 33 of 34
Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines,
because it will not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a "project," as that term is defined in Section 15378 of the State CEQA
Guidelines].
Director of Planning and Building Ted White introduced Community Preservation and Licensing
Manager Brittany Malanofski. He presented the item and reported the City previously had an
agreement with the Orange County Transportation Authority (OCTA) who managed the Orange
County Taxi Administrative Program (OCTAP). Due to changes in the industry OCTAP ceased
operations a few years ago. As a result, the City is required to provide regulatory oversight and
administrative services for the two taxi cab franchises operating in the City. He explained the
proposed amendment eliminates references to OCTAP in the existing ordinance and gives the Code
Enforcement Manager the authority to establish administrative regulations. The draft regulations are
in alignment with previous OCTAP regulations to cover safety and service standards and permit
issuance processes. The associated resolution establishes a fee schedule for taxi cab franchises and
drivers to help recoup costs associated with administering the taxi cab administrative regulations.
These actions update the City's tools to effectively administer its existing taxi franchise agreements
and are in compliance with State law. He explained they also align with service to the resort district
and others who choose taxis for transportation in the City.
DISCUSSION: In response to Mayor Pro Tern Rubalcava, Director White confirmed that ride -sharing
services, like Uber, are regulated by State law and not locally at the City level. City Attorney Fabela
confirmed the State has indicated they are the regulating agency for ride -sharing services. Mayor Pro
Tern Rubalcava expressed concern that the City is regulating taxi cab services, but ride -sharing
services should remain in alignment with similar transportation services' mandates, such as those
established for taxicabs. Director White stated that consideration of regulating ride -sharing services
was not part of the current item under consideration, but could be explored pursuant to City Council
direction.
Mayor Aitken opened the public hearing and public comments. City Clerk Bass reported there were
no public comments received for the public hearing in -person or electronically. Mayor Aitken closed
the public hearing.
MOTION: Council Member Meeks moved to introduce ORDINANCE NO. 6560
(INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
amending Sections 4.73.010, 4.73.080, 4.73.100, 4.73.160 and 4.73.190 of Chapter 4.73 of Title 4 of
the Anaheim Municipal Code relating to Nonexclusive Taxicab Franchises and approve
RESOLUTION NO. 2023-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM establishing fees and charges relating to taxicab franchises and taxi regulations [this
resolution determines that it is not subject to California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as
that term is defined in Section 15378 of the State CEQA Guidelines], 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.
The following item was heard out of order.
COUNCIL AGENDA SETTING:
Mayor Pro Tern Rubalcava requested a resolution and recognition for Josie Montoya, a life long
City Council Minutes of September 26, 2023
Page 34 of 34
resident of Anaheim and tireless advocate for the Chicano/Latino community. For decades Josie was
part of the Chicano movement and courageously confronted challenges such as police brutality,
domestic abuse, discrimination against illegal immigrants, and supporting the homeless. She will also
requested to work with the City Attorney's Office to produce a consultant engagement ordinance.
Mayor Pro Tern Rubalcava requested that the City Council review the City's street parking permitting
program fees and explore an opportunity to potentially update the policy so that it allows for the
elimination of the fee for residents that are impacted by businesses. For example, the homes
adjacent to Villains Brewing Company are heavily impacted. The neighborhood is pursuing permit
parking, but it will cost them $500.
Mayor Aitken recommended a general overview of the City's fee program and assess what needs to
be updated. City Manager Vanderpool responded that an item can be agendized.
Council Member Faessel recommended a recognition for Valerie Hubbard of Rio Vista Elementary
School for her life saving measures.
Council Member Leon requested an update regarding Visit Anaheim.
City Manager Vanderpool noted that a consultant has been retained to complete a fee study.
At 10:57 p.m., Mayor Aitken recessed the Anaheim City Council to continue with Closed Session.
At 12:19 a.m., Mayor Aitken reconvened the Anaheim City Council.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava,
Jose Diaz, Carlos Leon, Stephen Faessel, and Natalie Meeks
MEMBERS ABSENT: Council Member Norma Campos Kurtz
REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non -agenda items): None
ADJOURNMENT:
At 12:20 A.M., Mayor Aitken adjourned the City Council meeting.
AFResectully submitted,
There Bass, CMC
Susana Barrios
From:
Sent: Friday, September 22, 2023 2:59 PM
To: Public Comment
Subject: [EXTERNAL] Fw: AGAINST "HILLS PRESERVE PROJECT
Attachments: ATT00001.txt; ATT00002.htm; BOBCAT XMAS EVE 2020 (4)(1).mp4
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.
Please note: forwarded message attached
From:
To: ashleighaitken@anaheim.com
Subject: Fw: AGAINST "HILLS PRESERVE PROJECT
Date: Fri, 22 Sep 2023 21:57:38 GMT
Please note: forwarded message attached
From:
To: NJTaylor@anaheim.net
Subject: AGAINST "HILLS PRESERVE PROJECT
Date: Fri, 22 Sep 2023 21:24:44 GMT
I live 2 houses frm border of proposed huge housing project since 1983.
*** SEE ATTACHED WILDLIFE PICTURE WHICH WOULD BE DESTROYED
TRAFFIC- horrible as it is. I have to get down the hill Mohler loop, before of after school starts in am or pm
gets out, or sit at the stop sign on Mohler or long time wait to turn so I can home, while the whole school El Rancho
is picked; Today is Friday so have errands but the Friday night traffice uses SA Cyn Road bumber to bumper, going
by your proposed project; It took 2 hrs to get thru Imperial intersection frm Lakeview on 4th July fireworks.
FIRE AREA- Major insurance companies are pulling out all together. Great American and State Farm no longer
will write new policies my area.
ONE WAY OUT OF Mohler Loop in event of evacuation for fire, school will be evacuating at Mohler and all parties
frm Loop will have horrible time evacuating in emergency; and likewise for fire trucks or emergency vehicles.
QUALITY OF LIFE DESTROYED- all the congestion traffic and noise to adjaent housing, i would be able to see this
monster project from my porch.
WHAT IS THE CALLING OF'EUCALYPTUS" DRIVE, CURVING AT TAIL THRU MY BACKYARD. Destroy home value
all around.
BOTTLE NECK- now of traffic trying to get on freeway, Disaster if an evacuation.
WATER- City of Anaheim now is saying before any newproject, how and that people have to SAVE WATER,
GARBAGE -City can't seem to handle the existing garbage as it is now without adding more burden, City telling
people bury their garbage. Collect maggots for a week before have to dump it on top of garden debris; Flies and
magots transported everywhere. I do bury so not a bad idea. Plants love it ... so only good thing about that.
T HE BIGGEST COMPLAINT OF ALL - LOSS OF WILDLIFE AND NO PLACE TO GO FOR ANIMAL THAT NEED
HABIT. BOB CATS, KNOW ARE AROUND VISITING MY HOME ON NUMEROUS TIME, OWLS USED TO
HEAR, TREES REMOVAL CAUSE BIRD AND MIGRATORY DISTRUPTION AND WB RUN OVER IN STREET
NO CONCESSIONS TO PROTECT WILDLIFE. LIZARDS SNAKES, RACOONS, COUGER, BOBS CATS
BIRDS- Orioles come every year to my trre to nest for years and years ... The hawks and orioles as it is are
Fighting for the same trees in my yard..
BICYLE PLAN SEEMS TO HAVE DISAPPEARED AND CONNECTION OF RIDING WALKING PLANS
Where did they go [Pam Galera at Ciity produced plan for canyon]
THERE ARE PLENTY OF NON PRODUCTIVE HOUSEING NEAR DOWNTOWN ANAHEIM, BUILD
THERE AND PRESERVE THE LAND ON SANTA ANA CYN AND PUT SOMETHING TO IMPROVE COMMUNITY
INSTEAD OF DESTROYING IT.
iHAVE
Susana Barrios
From:
damon houston
Sent:
Wednesday, September 20, 2023 11:37 AM
To:
Public Comment
Subject:
[EXTERNAL] Re: Public Comment Received
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.
Please return myemail. I have information regarding domestic terrorism in the community.
TyraTrautwein born- blue expedition right side of the expedition grey door. -
Armando Aguilar born -tan tahoe or suburban.
Ryan Foss born � "protect life now" lead members.
Chris Hernandez, he's on the run from the police. Has a bench warrant.
Kids
Paulina Aguilar
Adam Aguilar, attended - elementary school and dropped out of the 3rd grade now is 13 years of age. hasn't
been to school since elementary.
Raymond Aguilar born - ish
Aaron Hernandez born middle school dropout.
Anaheim has a motto "Education First" Here are four kids who just don't have an education however company
themselves with the parents above to commit crimes against humanity.
Damon Houston B.S., CPhT
On Mon, Jan 30, 2023 at 4:52 PM Public Comment <publiccomment@anaheim.net> wrote:
The City is in receipt of your public comment. Your comment will be distributed to the City Council
for their consideration and made part of the public record of the City Council meeting.
1
Susana Barrios
From: Theresa Bass
Sent: Friday, September 15, 2023 11:11 AM
To: Public Comment
Subject: FW: [EXTERNAL] Sysco is still on this street. Been here for more than 112 hour
From: LINDA WHITE
Sent: Friday, September 15, 2023 9:54 AM
To: Theresa Bass <TBass@anaheim.net>; Ted White <TedWhite@anaheim.net>; Linda WHITE
Subject: [EXTERNAL] Sysco is still on this street. Been here for more than 112 hour
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.
which is an additional violation of your CUP you gave permission to the
shopping center, without the consent of the neighborhood.
along with the DOT and the city placed sign on beacon
cease and desist. record and send to council.
pics available.
Linda
1
Susana Barrios
From: Jorge Gavino
Sent: Tuesday, September 26, 2023 4:03 PM
To: Public Comment
Subject: [EXTERNAL] Public Comment for 9/26/23 - Cease all Funding to The Anaheim
Chamber of Commerce
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.
Please include my comments as a public record for today's Anaheim City Council meeting on 9/26/23
To the Honorable City Council,
I am here today to request the immediate suspension of any funding, partnerships, or contracts with the
Anaheim Chamber of Commerce.
The Chamber has a particularly incestuous relationship with the City of Anaheim and those who financially
benefit from it.
Previously led by Todd Amnet, the Chamber has continued under the leadership of his protege Laura
Cunningham.
Over the last week a Twitter page run by Laura's husband, Matthew Cunningham, was caught liking and
distributing incest porn on his OC Independant Twitter Account.
This disgraced blogger is most prominently known as "PEDO-PRIEST PROTECTOR" as he was outed almost
10 years ago by Gustavo Arellano, now of the LA Times.
Given the heinous nature of his tweets, this title seems to be on brand for him.
Yes, he claims he was hacked, but considering the posts in question go back several months this defense
doesn't work.
Normally this man's predilections for young Latina girls would not be city business, but it is when this man, his
wife, and others are raiding the city's coffers that it becomes relevant.
For those of you that do not know, Incest Porn Cunningham started his career as a peddler for hire when he
and Todd Amnet started the Anaheim Blog in 2012 as an arm of the Anaheim Chamber of Commerce.
Their goal was to publicly trash Chambers' enemies and support Ament's interests
After Anaheim Blog, Anaheim Observer, and Anaheim Independent failed to get much traction or credibility,
Incest Porn Cunningham hired his friends at Hashtag Pinpoint to set up and run his latest scheme the Orange
County Independent.
Is it a coincidence that Hashtag Pinpoint also counts the Anaheim Chamber of Commerce as a client?
Is it also a coincidence that OC Independent received $10,000 from the Santa Ana Police Officers Union and
then immediately began publishing articles trashing Santa Ana Councilwoman Jessie Lopez?
As you know Visit Anaheim and The Anaheim Chamber of Commerce do keep it all in the family since they all
share the same office space.
It is business as usual on the 6th floor of 2099 S State College Blvd.
With such machinations is it truly possible to track where city funds have gone?
We still do not know where 1.5 Million dollars have disappeared to.
To the business community, I understand that Laura Cunningham may have deceived you, I know that many at
the Anaheim Chamber are not pleased by her leadership so I offer you a warning, take back your organization.
Do you want your organization funding an incest porn -liking blog?
Once again I am calling for the city to cease all contracts with the Anaheim Chamber of Commerce, I am
calling for a full forensic audit and investigation of the chamber's use of public funds.
To the honorable council, this is your chance to right this wrong, please do not make more excuses or enable
further fraud, now is your chance to do right by the residents of Anaheim and fulfill your fiduciary and moral
duty.
I leave you with this if you have ever shaken hands with Incest Porn Matthew Cunningham I offer you this
bottle of hand sanitizer.
Thank You
In Solidarity,
Jorge Gavino
Master of Public Polic
Mobile: