11/28/2023ANAHEIM CITY COUNCIL
REGULAR MEETING OF NOVEMBER 28, 2023
The regular meeting of November 28, 2023, was called to order at 3:32 p.m. in the Council Chamber
of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related
materials were duly posted on November 22, 2023.
MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Jose Diaz, Carlos A.
Leon, Norma Campos Kurtz, Stephen Faessel, and Natalie Meeks.
Mayor Pro Tem Natalie Rubalcava joined during Closed Session.
STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City
Clerk Theresa Bass
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION: None
CLOSED SESSION: At 3:33 p.m., Mayor Aitken recessed to Closed Session for consideration of the
following:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the California Government Code)
Property: Parcel 3 of Parcel Map 88-251, in the City of Anaheim, County of Orange, State of
California, as per map recorded in Book 233, pages 41 to 46 inclusive of Parcel Maps, in the
office of the County Recorder of said county (also commonly referred to as Car Park 2 of the
Anaheim Convention Center and the Hilton Self -Parking Garage)
Agency Negotiator: Tom Morton, Executive Director of Convention, Sports, and
Entertainment and Sergio Ramirez, Economic Development Director
Negotiating Parties: HHC HA Investments II, Inc.
Under Negotiation: Price and terms of payments for purchase/sale of property
2. 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
3. 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
(A copy of the claim against the City is included in the agenda packet and available for review
by contacting the City Clerk's Office and on-line electronically with the agenda at.
www. anaheim.net/councilagendas.)
At 5:19 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: Senior Pastor Ethan Hedberg, Ambassador Church
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FLAG SALUTE:
PRESENTATIONS:
Council Member Norma Campos Kurtz
Recognizing the 65th Anniversary of Anaheim business, Linbrook Bowl
Mayor Aitken provided a brief history about Linbrook Bowl, the oldest bowling alley in Orange County
which opened in 1958, located on the corner of Lincoln and Brookhurst in West Anaheim. She
highlighted their scoring systems, coffee shops, and 40 bowling lanes. Representatives from Linbrook
Bowl expressed their gratitude to the employees at Linbrook Bowl and to the community.
Recognizing winners of Anaheim Public Library, Altrusa International, Anaheim
Elementary School District, and Centralia Elementary School District Creative
Writing Project
Mayor Aitken invited City Librarian Audrey Lujan and Carol Latham from Altrusa International to
provide a brief overview on the program. City Librarian Lujan congratulated the student winners of the
project and thanked the parents for encouraging their children to participate. She thanked the judges
who participated in the project. Ms. Latham highlighted the project and its beginnings in 2014 at
Ponderosa Elementary. In 2018, the program added two more schools and the following year the
program was introduced at all of the schools in Anaheim Elementary School District. Two additional
Anaheim schools located in the Centralia Elementary School District were included in the program
bringing the total number of schools to 26. She highlighted the importance of community
partnerships. She noted the prompt for the project has not changed since its inception which is
"Finding My Voice, Telling My Story." She emphasized her message to students that their voices
matter. Beth with the Anaheim Elementary School District introduced the recipients.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing November 14, 2023, as Law Enforcement Records &
Support Personnel Day
Police Records Manager Joanne Zaratan-Webster and Police Records Staff accepted the
recognition. She stated on behalf of the Records team, they are honored and appreciative to receive
the recognition.
Recognizing November 12-18, 2023, as National Nurse Practitioner Week
California State University, Fullerton School of Nursing, Assistant Professor Deanna Jung accepted
the recognition. She reported nurse practitioners aim to decrease health inequities and provide
services to all.
At 5:43 p.m., Mayor Aitken called to order the Anaheim Public Financing Authority, Anaheim Housing
and Public Improvements Authority, and Anaheim Housing Authority (in joint session with the City
Council).
ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, an outline public
comments procedures and a brief decorum statement was provided by City Clerk Theresa Bass.
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City Clerk Bass reported that a total of seven (7) public comments were received electronically prior
to 5:00 p.m. related to City Council agenda items and matters within the jurisdiction of the Anaheim
City Council. [A final total of seven (7) public comments were received electronically, distributed to the
City Council, and made part of the official records]. — See Appendix.
Paul Hyek reported that termite control and medical assistance are needed at homeless shelters. He
noted a lady passed away and a welfare check was not performed.
Duane Roberts expressed support for Item No. 32's gift ban but encouraged the City Council to start
discussing real structural reform. He noted the time has come to have serious discussions about
creating a system of publicly financed elections in the City, at least for Council districts. He
challenged the dais to agendize an item on publicly financed elections at a future City Council
meeting.
Sandra Cazares (translation: Spanish), a 30-year resident and member of Orange County
Communities Organized for Responsible Development (OCCORD), expressed support for Item No.
32 and encouraged the City Council to make finance reform based on transparency and justice.
Guadalupe Basave (translation: Spanish), a resident, a member of OCCORD, and representing the
United Neighbors of Guinida noted that community members met with Council Member Kurtz
regarding Paul Revere Park and parking issues in the community and continue to wait for solutions.
She encouraged the City Council to vote yes for Item No. 32.
Eymi Arellano (translation: Spanish), a resident of District 3, representative of the Union of Neighbors,
and an OCCORD volunteer expressed concern that the City Council does not take into consideration
the well-being of the community when making decisions. She noted that residents want to see
campaign financial reform and encouraged the City Council to support Item No. 32.
Teresa Viera (translation: Spanish), a member of the United Neighbors of Guinida, expressed support
for Item No. 32 and encouraged the City Council to vote in favor of the item.
Carmen Linden (translation: Spanish), a member of the United Neighbors of Guinida, and an
OCCORD volunteer, expressed support for Item No. 32 and encouraged the City Council to vote in
favor of the item.
Guadalupe Hernandez (translation: Spanish), a resident of District 2 and a volunteer with OCCORD,
encouraged Council Member Leon to visit the community to see that they need more health, mental
health, and educational programs for young people in the community. She expressed support for Item
No. 32 and encouraged the City Council to support the item.
Susana Galan (translation: Spanish) stated that the citizens of Anaheim demand that anyone who
wishes to launch a political campaign should pay for their own campaign and not take contributions
from large corporations who only care about their own interests. She noted that residents want more
transparency. She called upon her District 3 Council Member for changes on Pauline and Sycamore
Street.
Maricela Jaramillo (translation: Spanish), a member of Mothers in Action and a volunteer with
OCCORD, expressed her support for Item No. 32 and encouraged more transparency in the City.
She thanked Council Member Kurtz for meeting with District 4 residents and her accessibility to the
community.
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Gabriela Velazco (translation: Spanish), a member of Mothers in Action, encouraged Council Member
Kurtz to support Item No. 32 to ensure that the voice of residents counts above the economic
interests of a few.
Mariana Angeles (translation: Spanish), a community organizer for OCCORD and a resident of
District 4, encouraged the City Council to approve Item No. 32. She noted that when speaking to
residents she finds much apathy for the City Council because the decisions made by the dais are not
for the benefit of the communities. She cited issues with affordable housing, streets, and parks and
the lack of attention to those matters. She encouraged City Council members to listen to their
residents.
Mike Robbins noted that tens of millions of dollars have been poured into the control of the City over
the years and continues with the proposed Disneyland Forward project. He advised that Disneyland is
not paying enough into the City and noted that 10% of Disney employees are homeless. He
referenced the increase in pollution with the proposed project. He encouraged the City Council to
approve Item No. 32 and demanded that the City Council fight for a fair partnership with Disneyland.
Jeanine Robbins expressed concern with the proposed Disneyland Forward project and noted the
17,000-page Environmental Impact Report (EIR) is hiding information. She expressed concern for
noise and sound pollution to the residents who will be forced to live next door to the attractions. She
inquired about a lack of oversight toward Disney. She emphasized that Disney is providing nothing to
the community in turn. She provided statistics regarding homelessness among Disney employees.
She inquired about a cold -weather shelter for the homeless population. She noted that no more
building by Disney should be allowed until they assist the community.
Shirley Grindle noted that the problem in Anaheim is the huge independent expenditures made by
Disney, the Angels, and employee unions. She explained that the Anaheim Campaign Ordinance
works fine the way it is and has been in effect for 22 years and has periodically been amended to
improve and address new concerns. She recommended a gift ban for Anaheim City officials to prove
to the public that their vote is not influenced by private interests. She encouraged the City Council to
launch an Ethics Commission similar to the County of Orange and contact them for a presentation on
its operations.
Marisol Ramirez, Director of Programs for OCCORD, explained she has been organizing around
neighborhood issues since she was 16 and when they were ready to raise their voices, they found
the City Council was already prepared to vote in favor of special interests. She referenced the
revolving door of candidates and elected officials being bought out by campaign contributors to pass
motions, policies, and signed contracts without thinking about the long-term effects on working-class
families. She expressed concern that the City Council has refused to speak publicly about the FBI
investigation of the City, nor did it invest in any public forums to educate and share information
discovered within the report completed by the JL Group. She thanked Council Member Kurtz for
attending the community meetings. She encouraged the City Council to approve Item No. 32.
Penelope Lopez, a resident of District 2 and organizing director at Chispa OC, expressed her support
for Item No. 32. She expressed concerns that the City Council does not support affordable housing,
worker protections, and livable wages. She cited the influence of special interests influencing the City
Council. She encouraged the City Council to make necessary changes and to approve Item No. 32.
Carolina Mendez noted that she is a lifelong resident and a national organizer. She explained that the
flow of money in politics is not just about who wins an election, it is about whose interests are
represented once the race is over. She expressed concern that the City Council is mistaking
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resilience for satisfaction with the status quo. She noted that constituency absence does not reflect
disinterest but mirrors the collective failure to make the City Council Chamber a place where
residents are heard. She encouraged the City Council to approve Item No. 32.
Rebecca Pasillas expressed support for Item No. 32. She noted that the special interest groups are
making residents' everyday lives difficult and unsafe. She encouraged the City Council to respect
their constituents and be transparent instead of serving special interest groups. She encouraged the
City Council to support Item No. 32.
Wes Jones encouraged the City Council to support Item No. 32. He encouraged limiting the direct
campaign contributions to City Council campaigns and controlling independent expenditures. He
noted this would eliminate pay -to -play politics.
Vern Nelson congratulated the people of Anaheim and the workers of Disneyland for their victory in
the California Supreme Court regarding Measure L. He recommended a recusal rule related to
independent expenditures. He expressed support for Item No. 32 and campaign finance reform. He
invited the public to attend a few local events.
Rachel Pozos (translation: Spanish), with the Union of Neighbors and OCCORD, expressed support
for Item No. 32 and encouraged the City Council to develop policies that help the residents. She
encouraged the City Council to support Item No. 32 as it is important for the entire community.
Tanya Navarro, an organizer with Chispa OC, expressed concern that some City Council members
have leveraged resident's housing security and food security to secure Save Our Anaheim Resort
(SOAR) donations to their political campaigns. She noted that the City has long had a reputation for
cutting down its community to cater to powerful special interests. She encouraged the City Council to
approve Item No. 32
Marc Herbert noted the atmosphere in City Hall remains corrupt. He explained that until there is some
significant change, substantial conversations about campaign reform will not occur. He expressed
support for the recusal rule because it is self-regulating. He requested an update on an alleged
lobbyist violation. He expressed concerns about a new lobbyist ordinance citing a lack of enforcement
on the current ordinance.
Linnea Bates reported that she has reached out to the City over the last 18 months regarding an
enormous encampment on the railroad tracks. She explained that yesterday there was smoke in the
encampment and when she called 911, the responding firefighter explained to her that he could not
put the fire out, but only ask the homeless to extinguish it as they have the right to heat and food. She
reported she has been unable to open her window in the past 18 months due to drug use in the area
and now smoke. She advised that she has made numerous calls to the Anaheim Police Department
who cannot help because they are not allowed on railroad property. She inquired who on the City
Council was going to help protect her because the City is protecting the homeless. She encouraged
the City Council to assist and address the issue.
Mayor Aitken requested Ms. Bates provide contact information to the City Clerk so staff can
follow up on the reports.
Art Guevara invited the City Council to an event in Guanajuato, Mexico next month. He encouraged
the City to become a sister city with Silao, Mexico, and offered to provide more information.
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Mazatl Tepehyolotzin expressed opposition to Anaheim High School's mascot the "Colonists". He
noted there is still racism in Anaheim, and it is important to change the name.
Art reported attendance at the Anaheim Union School Board meeting and noted how the School
Resource Officers (SROs) are trained to work with students in the community. He noted that,
conversely, other police officers in the area do not treat the youth the same way as the SROs. He
encouraged the City Council to investigate the treatment of youth by the police officers and perhaps
provide them with the same training the SROs are given.
Mark Richard Daniels encouraged the City Council to end their relationships with Disney, SOAR, and
all the negative private interest corruption that the City has endured for the last several years. He
encouraged the City Council to support Item No. 32.
Leticia Bermejo reported she met with the Anaheim Police Department (APD) in August who
determined that the suspect for the hit-and-run her son suffered in a motorcycle accident was in
custody in Texas. She received word that the suspect was released from custody and will not be held
accountable for his actions against her son. She expressed concern regarding corruption in the APD
and noted she experiences distrust with the APD. She encouraged the City Council to help her seek
justice for her son.
Mayor Aitken noted that she would investigate the case and respond to Ms. Bermejo.
Matthew Duncan expressed concern regarding the City's Coyote Management Plan and the fact that
the coyote trapping and killing was indiscriminate. He noted that dogs and cats who exhibit the same
behavior do not get the same treatment as the coyotes. He noted most coyote interactions involve
cats engaging with coyotes outdoors outside of yards.
Bryan Kaye reported that an Anaheim official recently spoke to him and advised him that his email to
one of the City's staff members was completely inappropriate and used inappropriate language. He
advised he was reporting the use of inappropriate language by an Anaheim police officer. He
encouraged the City Council to answer his petition or fix the problem.
Cecil Jordan Corkern, Outreach Homeless Ministries, reported that he is still conducting reports on
Disney.
COUNCIL COMMUNICATIONS:
Council Member Kurtz thanked City employee Nick Gomez for organizing the Veterans Day
Ceremony and displayed photographs of all the veterans who attended the event. She highlighted
two Vietnam War veterans including her husband and thanked all Vietnam War veterans. She
congratulated the 33 graduates of the CIELO Entrepreneurship program. Council Member Kurtz
thanked Anaheim Public Utilities for hosting the Holiday Lights Drive-Thru. She shared that she
attended the Anaheim Ballet Nutcracker performance with Anaheim Elementary School District
students and stated that all the kids enjoyed the performance. Council Member Kurtz requested that
the meeting adjourn in memory of former Assembly Member and District 4 resident Jim Morrissey.
Council Member Faessel requested the meeting adjourn in memory of long-time District 5 resident
Margarita Priego and Navy veteran Bob Brunette. He shared that the Anaheim High School boys' and
girls' volleyball teams needed volleyballs, and he was able to arrange a donation from the Orange
County Sports Commission. He along with Mayor Aitken and Council Member Meeks attended a
Business Assistance meeting for Districts 5 and 6 held at Brewery X. Several departments provided
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information and resources for businesses in attendance. Council Member Faessel congratulated
Chrysalis on their 5th anniversary and noted that they have been a great civic partner. He joined the
City Manager at a recent Anaheim Police Department promotion ceremony. He shared that he
attended the Eli Home Christmas Ball and Tree Lighting and shared that they received a $5 million
grant from CalOptima. He attended the We Give Thanks Thanksgiving meal event at the Honda
Center. He thanked Reborn Cabinets for their Baths for the Brave program and remodeling Coast
Guard veteran Harry Takeno's bathroom. Lastly, he along with Mayor Aitken attended the Anaheim
White House Christmas Tree Lighting event.
Council Member Diaz highlighted and shared photographs of El Muelle de San Blas restaurant based
on a beautiful love story from a seaside town in Mexico. They serve seafood, churros, ice cream and
will soon be serving beer. The food, prices, and service are excellent. He encouraged everyone to
visit the restaurant located at 2607 W. Lincoln Avenue, B.
Council Member Leon shared that his office partnered with Abrazar and Mercy Health for a free
COVID and flu shot vaccine clinic on Saturday, December 9th from 9:00 a.m. to 12:00 p.m. at St.
Justin Martyr Catholic Church. He invited everyone to the West Anaheim Christmas tree lighting at
Twila Reid Park at 6:00 p.m. He shared that the UPS store off Brookhurst Street in District 2 is
partnering with the Anaheim Police Department for a crime prevention community event on Saturday,
December 2nd from 10:00 a.m. to 1:00 p.m. The Police Department will teach crime prevention tips to
protect oneself from fraud and scams. There will also be a document shredding opportunity. He
thanked Starbucks located at Euclid and Katella for hosting the Coffee with a Veteran event. Council
Member Leon thanked Frank Garcia and the hundreds of volunteers who participated in the We Give
Thanks dinner. He also thanked Anaheim Public Utilities General Manager Dukku Lee and Utilities
Yard Working Supervisor Brian Cruz for delivering water on Thanksgiving Day. Council Member Leon
highlighted and displayed photographs of Big Wheel Bicycles the November business of the month. It
is a family -owned business that has been around for over 30 years in West Anaheim. They have a
wide array of bike selections and provide custom orders and repairs as well. He encouraged
everyone to stop by the shop if they are looking for a new bike or Christmas gift. Council Member
Leon also highlighted and displayed photographs of Country Family Cafe, the November restaurant
of the month. It is a family -owned small business. Blanca and her husband opened the restaurant
over 20 years ago and quickly became a must -go to in West Anaheim. He encouraged everyone to
stop by and try out their breakfast. He requested that the meeting adjourn in memory of Ed Prange
who was a long-time coach and teacher at Loara High School. Mr. Prange recently passed away and
on behalf of District 2, he sent thoughts and prayers to the Prange family.
Mayor Pro Tern Rubalcava thanked all the public comment speakers and everyone who participated
in the process. She congratulated and thanked veterans for their sacrifice for our country. Anaheim's
Veterans Day Ceremony took place at Anaheim's veterans' monument near Muzeo. She was grateful
to all the Veterans who attended. She thanked City staff for making the event possible, in particular,
Chief Communications Officer Mike Lyster and his team and Public Utilities for giving away free green
light bulbs which represent Operation Green Light for supporting and helping veterans transition back
into civilian life. She also welcomed the Deputy Under Secretary of the Army who visited the VFW in
Anaheim. She along with Mayor Aitken also attended the Veterans Day Commemoration at Heroes
Hall Museum and Education Center. She thanked District 3 residents for their service. Mayor Pro
Tern Rubalcava shared that she has served on the Chrysalis Advisory Council for the past five years
and she congratulated them for helping transform thousands of lives by breaking barriers and
providing transitional work, job readiness, and employment placement to those able and willing to
work. In District 3, post -Thanksgiving she participated in a local cleanup sponsored by Green Bird at
Radiant Brewery located off Lincoln Avenue. She highlighted the owners of Radiant Brewery and
noted they provided a welcoming environment. They picked up approximately 40 bags of trash.
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Green Bird does not receive funding from other sources, and they gather monthly or quarterly to pick
up trash. She noted Green Bird will be celebrating 10 years in Anaheim soon. Mayor Pro Tem
Rubalcava shared that she was a guest on Celeste's Interest$ podcast which focuses on life,
business, and growth through the lens of a 12-year-old. Celeste is currently recording season 5 and
has recorded close to 100 episodes and has featured entrepreneurs, public figures, and community
organizers. She has over 3,000 streams with listeners in over 15 countries. Mayor Pro Tem
Rubalcava thanked Chief Communications Officer Mike Lyster and Video Production Coordinator Ron
Roberson for making the experience professional and memorable. She noted that since she was
elected last November, one of her priorities has been to go into the neighborhoods to address issues.
At her first District meeting last year, they successfully obtained a stop sign in the area. On Lemon
Street, there were several concerns with drivers speeding and unhoused individuals creating quality
of life and safety issues. The new Community Police Team, Public Utilities, and Public Works were
there to answer questions and provide resources. City departments also attended a meeting held on
Dickel Street to address safety issues regarding loud parties and parking challenges. She requested
that the meeting adjourn in memory of life-long District 3 resident and family friend Bertha Adelmaria
Munoa. Mayor Pro Tem Rubalcava requested support for the 15th Annual K&A Community Holiday
Brunch free breakfast event. The owners of K&A feed over 1,000 families who come to their
restaurant on December 24th. They are also accepting toy donations for the event and are requesting
volunteers to help wrap gifts. Mayor Pro Tem Rubalcava shared that the District 3 Newsletter is up
and running for those interested in subscribing. Lastly, she wished her dad Ricky Rubalcava a Happy
Birthday and noted that he is a 40-year retired City of Anaheim Public Utilities employee.
Mayor Aitken thanked the wonderful team at the Anaheim White House for the White House
Christmas Tree Lighting honoring community leaders. On Thanksgiving Day, she joined first
responders and City staff at the We Give Thanks event at the Honda Center. She thanked the
community sponsors including the Disneyland Resort and the volunteers who helped make this event
happen. She along with the City Manager and Council Member Faessel attended the National
League of Cities in Atlanta, Georgia which provides local leaders with the tools and connections to
help build a brighter future for cities, towns, and villages. She along with Council Member Faessel
visited the Jimmy Carter Presidential Library in Atlanta and offered condolences on the loss this week
of the former First Lady Eleanor Rosalynn Carter. Mayor Aitken shared that the Anaheim White
House is accepting donations until 10:00 p.m. for the 13th Annual KFI PastaThon benefiting
Caterina's Club.
CITY MANAGER'S UPDATE:
City Manager Vanderpool shared that for the past few months, the communications team in the City
Manager's Office has been looking at different ways of providing captioning for City Council meetings
and other broadcasts. This effort includes the September launch of an Anaheim City Council
Meetings YouTube channel where meetings are streamed live. With YouTube, viewers can turn on
captions and see live English subtitles to follow along or to aid those who may be hearing impaired.
With YouTube, Spanish subtitles are an option playing back a meeting later, but not live. To address
live Spanish captioning, he shared that the City is evaluating the purchase of additional broadcast
equipment within the City's Manager's authority. The equipment would allow for live Spanish subtitles
for Council meetings as well as for all broadcasts on Anaheim TV. Before moving forward, he stated
that staff is evaluating if the equipment is an effective way to reach those who may prefer Spanish
subtitles. Staff are currently looking to implement in early 2024 and look forward to sharing updates of
the progress.
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In its 37th year, the 'We Give Thanks' event continued its tradition of providing Thanksgiving meals to
the Anaheim community. The Anaheim Convention Center and Aramark collaborated to prepare a
feast that included 288 turkeys, 2500 pounds of mashed potatoes, 2500 pounds of vegetables, and
more. The meal preparation effort was supported by 160 volunteers over two days.
City Manager Vanderpool invited everyone to experience the spirit of a traditional Victorian Christmas
at historic Founders' Park located at 400 N. West Street. It will take place on December 2nd, 9th and
January 6th from 9:00 a.m. to 12:00 p.m. Founders' Park will feature Yuletide decorations in the
Mother Colony and Woelke-Stoffel Houses, and docents dressed in period garb sharing the holiday
traditions popularized during the Victorian era. Visitors to the Carriage House will learn how to size
and wrap oranges, just as the packing house workers prepared Valencia oranges for shipping to the
east coast for Christmas. Families and other groups are encouraged to participate in the Victorian
Christmas Scavenger Hunt! This event is free and open to the public.
The Community Services Department, in collaboration with the Nutcracker Committee, and the
Downtown Anaheim Association, are hosting the 29th Annual Christmas Tree Lighting Celebration
and Holiday Village on Sunday, December 3rd from 12:00 p.m. to 7:00 p.m. Center Street
Promenade will be transformed into a "Holiday Village" featuring family fun activities that will include
children's crafts booths, kids train rides, holiday crafters, festive entertainment, and a visit from Santa
himself! New this year, the Christmas tree lighting ceremony will be hosted on the steps in front of
City Hall beginning at 6:00 p.m. with the tree lighting program featuring performances by the Anaheim
Ballet, Anaheim High School Choir, and a holiday reading by Santa. He stated he looks forward to
seeing everyone in attendance at this cherished community event.
At 8:02 p.m., Mayor Aitken recessed the Anaheim City Council to address the Anaheim Public
Financing Authority, Anaheim Housing and Public Improvements Authority, and Anaheim Housing
Authority agendas and reconvened at 8:21 p.m.
CONSENT CALENDAR: At 8:21 p.m., the Consent Calendar was considered with Council Member
Diaz pulling Item No. 30, Council Member Leon pulling Item No. 21, and Mayor Pro Tern Rubalcava
pulling Item No. 22 for separate consideration.
MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and
adopt the balance of the consent calendar as presented, in accordance with reports, certifications,
and recommendations furnished each City Council Member, seconded by Council Member Meeks.
ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz,
Faessel, and Meeks); NOES — 0; Motion carried.
13. Receive and file minutes of the Public Utilities Board meetings of October 20, 2023 and
B105 October 25, 2023 and the Senior Citizen Commission meetings of July 21, 2022, September
15, 2022, November 17, 2022, January 19, 2023, March 16, 2023, May 18 2023, June 15,
2023, and August 17, 2023.
14. Approve recognition for the Community Emergency Response Team students, who graduated
D116 on November 4, 2023.
15. Determine on the basis of the evidence submitted by Good Hope International, that the
AGR-10188.1 property owner has complied in good faith with the terms and conditions of Development
Agreement No. 2016-00001 for the 2023 review period for the 1700 South Harbor Boulevard
Hotel Project located in the Anaheim Resort [eight -story, 580-room hotel with accessory uses
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including up to 50,000 square feet of meeting space, up to 25,600 square feet of restaurant
space].
16. Accept the bid from Innovative Systems, in an amount of $113,880 plus applicable tax, for the
purchase of stacking chair carriers for the Anaheim Convention Center and authorize the
D180 Purchasing Agent to issue a purchase order in accordance with Bid #9723.
17. Accept the bid from Seavco, in an amount of $129,437.09 plus applicable sales tax and a 20%
contingency, for the purchase of BMW motorcycle parts for a one-year period with up to four
D180 one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal
options in accordance with Bid #9733.
18. Waive the bidding requirements of Council Policy 4.0 and authorize the Purchasing Agent to
issue a purchase order to Republic EVS, in an amount of $106,860.24 plus applicable taxes
D180 and fees, for one Medix Specialty Type II Ambulance for the Anaheim Fire & Rescue
Department, utilizing Cooperative Purchasing Agreement AM10-23 established by the
Houston -Galveston Area Council.
19. Waive the sealed bidding requirement of Council Policy 4.0 and ratify a four -month extension
D180 of the Master Agreement with Pacific Towing Inc., in an amount not to exceed $40,000 during
the extension period, to provide as -needed towing services of city vehicles.
20. Waive the sealed bidding requirement of Council Policy 4.0 and ratify a four -month extension
D180 of the Master Agreement with Universal Protection Service, LP dba Allied Universal Security
Services, in an amount not to exceed $200,000 during the extension period, to provide street -
sweeping parking enforcement services.
23. Waive Council Policy 4.1 and approve the Second Amendment to Agreement with California
Forensic Phlebotomy, Inc (CFP), to increase the hourly rate to CFP by 3.7% due to an
AGR-3115.F.2 increase of cost of living increases and compensation, from a total amount not -to -exceed of
$250,000 to $500,000, to perform forensic phlebotomy services; and authorize the Chief of
Police, or designee, to administer the agreement and execute and administer any
amendments with non -substantive changes to the agreement, as determined by the Office of
the City Attorney.
24 Waive the bidding requirement of Council Policy 4.0 and approve a Master Agreement with
Sirsi Corporation dba SirsiDynix, in the amount of $132,271.97 for the first year with a
AGR-14449 maximum 3.9% increase each year, to continue to provide software licenses and maintenance
services for Anaheim Public Library for a five-year term; and authorize the Director of
Community Services, or designee, to execute the agreement.
25. Ratify the submission of the CalOptima Health Capital Grant application and approve the
grant agreement, in substantial form, with CalOptima Health, in an amount of $1,500,000,
authorizing the use of these funds for the Finamore Place affordable housing development;
AGR-14450 authorize the City Manager, or designee, to execute all documents and agreements required
to receive and administer this grant and related activities; and increase the Housing and
Community Development Department's Fiscal Year 2023/24 revenue and expenditures
budget by $1,500,000.
City Council Minutes of November 28, 2023
Page 11 of 27
26. Approve a Corporate Partner Program Agreement with Southern California Regional Rail
Authority (Metrolink), in an amount not to exceed $100,000 per fiscal year, to broaden
AGR-14451 distribution capabilities by offering Metrolink tickets through the Metrolink Mobile Application
and integration of an Automated Clearing House (ACH) payment option; and authorize the
Director of Public Works, or designee, to execute the agreement and related documents and
to take the necessary actions to implement and administer the agreement.
27. RESOLUTION NO. 2023-103 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM adopting the Measure M2 Expenditure Report and authorizing the City of
Anaheim Finance Director to sign and submit the expenditure report to the Orange County
Transportation Authority on behalf of the City of Anaheim.
28. RESOLUTION NO. 2023-104 A RESOLUTION OF THE CITY COUNCIL OF THE
................_.
CITY OF ANAHEIM amending the dates and times for regular meetings of the Anaheim City
R100 Council for the 2023 calendar year and rescinding Resolution No. 2023-077 (rescheduling the
meeting of December 19 to December 12, 2023).
29. RESOLUTION NO. 2023-105 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing the dates and times of regular meetings of the Anaheim City
11100 Council for the 2024 calendar year.
BUSINESS CALENDAR:
21. Award the construction contract to the lowest responsible bidder, Asplundh Construction, LLC,
in an amount of $17,505,120.59 plus a 10% contingency, for the Underground District No. 69
AGR-14446 Nutwood/Cerritos Project; authorize the Director of Public Works to execute the contract and
AGR-14447 related documents and to take the necessary actions to implement and administer the
construction contract; authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions; authorize the Public Utilities General Manager, or designees,
to negotiate, finalize, and execute the Facilities Relocation Agreement (Agreement) with
Southern California Edison (SCE); pay the estimated sum of $458,000 plus a 20%
contingency, to reimburse SCE for its construction and associated cost of materials as part of
undergrounding its transmission telecommunication facilities; and approve and execute any
related documents including, but not limited to, the Bill of Sale and Income Tax Component of
Contribution Exemption Letter, and take any and all actions as are necessary or advisable to
implement and administer the Agreement.
Anaheim Public Utilities General Manager Dukku Lee reported the item is an undergrounding project
that affects the streets of Nutwood Street and Cerritos Avenue in the west part of the City. He
explained it continues the City's five-year plan to underground major roadways throughout the city.
He noted the project will cost about $17,500,000 which will improve the reliability of the City's
infrastructure as well as underground telecommunication lines.
DISCUSSION: Council Member Leon inquired about the specific location of the undergrounding work.
General Manager Lee explained the construction runs from Ball Road down to Katella Avenue and
along Cerritos Avenue from Nutwood Street to Euclid Street.
Council Member Leon inquired about the difference between the two bids that were received, as one
of the bids was almost double the lowest bid. General Manager Lee explained that with some bids the
contractors have a lot of other activity with other utilities and the higher bidder likely has constraints in
City Council Minutes of November 28, 2023
Page 12 of 27
terms of personnel and such because of the activities with other utilities. He noted that the lower bid
was within the engineering estimate and where staff estimated the bid amount to be.
In response to Council Member Leon, General Manager Lee confirmed the City has used the
selected firm for other undergrounding projects.
Council Member Leon inquired about the notification to impacted residents. General Manager Lee
explained that notification to residents starts in the design phase to identify impacted properties which
is then followed by a construction bid through the Public Works Department. He noted once the work
begins, signage is placed on the roadways and if there is a planned outage, they are required to
provide residents with a 48-hour notice to accommodate those with special needs.
In response to Council Member Leon, General Manager Lee explained that someone on a medical
device should be able to withstand a planned outage, but staff would certainly make arrangements for
those with additional needs. He added schools are primarily impacted by undergrounding projects
and noted staff would avoid work during school drop-off/pick-up times and would avoid heavy
construction in the middle of the road.
Council Member Leon inquired if APU notified the schools about potential disruptions. General
Manager Lee confirmed staff coordinates their efforts with the school districts.
MOTION: Council Member Leon -moved to award the construction contract to the lowest responsible
bidder, Asplundh Construction, LLC, in an amount of $17,505,120.59 plus a 10% contingency, for the
Underground District No. 69 Nutwood/Cerritos Project; authorize the Director of Public Works to
execute the contract and related documents and to take the necessary actions to implement and
administer the construction contract; authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions; authorize the Public Utilities General Manager, or
designees, to negotiate, finalize, and execute the Facilities Relocation Agreement (Agreement) with
Southern California Edison (SCE); pay the estimated sum of $458,000 plus a 20% contingency, to
reimburse SCE for its construction and associated cost of materials as part of undergrounding its
transmission telecommunication facilities; and approve and execute any related documents including,
but not limited to, the Bill of Sale and Income Tax Component of Contribution Exemption Letter, and
take any and all actions as are necessary or advisable to implement and administer the Agreement,
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.
22. Waive Council Policy 4.1 and approve the agreement with Garet Bonham dba GNB
Consulting Inc., in an amount not to exceed $150,000 annually, to prepare, redact, and
AGR-14448 produce documents and video/audio data for public release pursuant to California State Laws,
for a one year term with four one-year optional renewals; and authorize the Chief of Police, or
designee, to administer the agreement and execute and administer any amendments or
renewal options.
Police Chief Rick P. Armendariz reported the proposed agreement supports the ability to redact and
produce videos and audio under California Senate Bill 1421 and California Assembly Bill 748 which
requires that law enforcement agencies provide these via public request in response to critical
incidents that officers are involved in such as officer -involved shootings or significant uses of forces.
Chief Armendariz explained that law enforcement agencies are also required to maintain the integrity
of the investigation, specifically the protection of possible witnesses or victims, and before releasing
videos, they must go through a redaction process that includes blurring of potential victims faces and
identities of victims, locations of residences where they live, and license plates of vehicles associated
City Council Minutes of November 28, 2023
Page 13 of 27
to possible victims or witnesses. He noted this is the continuation of an existing contract and
recommended the extension.
DISCUSSION: Mayor Pro Tern Rubalcava inquired why the work could not be completed internally.
Chief Armendariz explained that doing it in-house would require taking an officer off the streets and is
much more cost-effective. He noted the contractor is previous law enforcement and is familiar with
the requirements of the Public Records Act.
Mayor Pro Tern Rubalcava inquired if there was any benefit to having an independent third party
complete the redactions. Chief Armendariz noted the third party is more cost-effective than
completing the redactions internally.
MOTION: Council Member Kurtz moved to waive Council Policy 4.1 and approve the agreement with
Garet Bonham dba GNB Consulting Inc., in an amount not to exceed $150,000 annually, to prepare,
redact, and produce documents and video/audio data for public release pursuant to California State
Laws, for a one year term with four one-year optional renewals; and authorize the Chief of Police, or
designee, to administer the agreement and execute and administer any amendments or renewal
options, 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.
30. ORDINANCE NO. 6562 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 3.04 of Title 3 of the Anaheim Municipal Code and finding and
M142 determining that this ordinance is not subject to the California Environmental Quality Act
(CEQA) because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment because there is no possibility it will have a significant effect on the
environment and it is not a project pursuant to CEQA Guidelines Sections 15060(c)(2),
15060(c)(3) and 15378 [amendment to require subcontractors to disclose recent labor code
violations when obtaining a business license] [introduced at the Council meeting of November
7, 2023, Item No. 16].
DISCUSSION: Council Member Diaz reiterated that this was his third time voting on the ordinance.
He explained that the Carpenters Union is a great organization, but his "no" vote is in response to
how the item was presented. He explained items brought forward by third parties are presented as a
public hearing and not on the City Council Business Calendar. He reemphasized the City's exposure
to litigation.
MOTION: Council Member Faessel moved to adopt ORDINANCE NO. 6562
(ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 3.04 of Title 3 of the
Anaheim Municipal Code and finding and determining that this ordinance is not subject to the
California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment because there is no possibility it will have a
significant effect on the environment and it is not a project pursuant to CEQA Guidelines Sections
15060(c)(2), 15060(c)(3) and 15378 [amendment to require subcontractors to disclose recent labor
code violations when obtaining a business license], seconded by Council Member Leon. ROLL CALL
VOTE: AYES — 6 (Mayor Aitken and Council Members Rubalcava, Leon, Kurtz, Faessel, and
Meeks); NOES — 1 (Council Member Diaz); Motion carried; ordinance adopted.
City Council Minutes of November 28, 2023
Page 14 of 27
31. ORDINANCE NO. 6563 . (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Sections 1.11.010 (Definitions), 1.11.070 (Lobbyist Registration) and
M142 1.11.090 of Chapter 1.11 (Sunshine Provisions) of the Anaheim Municipal Code to strengthen
and expand the regulations applicable to lobbyists, and Section 1.11.080 (Revolving Door) to
modify the restrictions on employment of lobbyists and require lobbyists who act as advisors
to City Official(s) to report their activity.
Determine that the ordinance relates to organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment, and
therefore is not a project within the meaning of the California Environmental Quality Act
("CEQA") and the State CEQA Guidelines, Section 15378(b).
City Attorney Robert Fabela reintroduced subject matter expert Craig Steele and stated the item
before the City Council is the culmination of direction given to staff at previous City Council meetings
about reforms to the Sunshine Provisions in the Anaheim Municipal Code. He noted that staff is
presenting possible revisions to the Sunshine Ordinance, specifically the lobbyists and revolving door
provisions. He explained that if the City Council approves those revisions, this meeting will act as the
first reading of the ordinance revisions.
City Attorney Fabela explained that it is the intent of these proposed revisions to address the
following main concerns raised including that the definition of lobbyists includes in-house lobbyists,
providing more specifics on what lobbying includes and should not include, and now excluding
lobbyists labor negotiators who are negotiating a Memorandum of Understanding with the City;
establishing a more proactive auditing effort to ensure lobbyists are complying with the obligations;
addressing fees and other administrative matters associated with the current ordinance; amending
the revolving door provisions to limit the ban on hiring lobbyists to one year after their last lobbying
activity and restricting that ban to City Council Aide positions and requiring lobbyists who are acting
as advisors to report their advisory contacts to the same extent and in the same manner as they
report their normal lobbying activity.
City Attorney Fabela reported that there was a technical ambiguity brought to staff's attention to
clarify that the term legislative body means the legislative body of the City of Anaheim and removing
the comma between the term legislative body and the term any board or commission of the City and
the definition of influence. He also stated staff is including the term City before the term legislative
body under the definition of legislative or administrative action.
DISCUSSION: Council Member Meeks expressed pride for the action the City Council is taking by
making their calendars public. She proposed that the appropriate provision for the ordinance is
requiring the City Council to publish their calendars including updating the information and availability
to the public. She noted that she agreed with a provision including the revolving door and having
limitations on employing lobbyists but questioned the additional benefits of the proposed ordinance.
Council Member Leon explained that the core issue is identifying who has access to the City Council
and staff that influence the outcomes of decisions of governing bodies who may have a financial
interest. He noted that by taking this step the City Council is solidifying its commitment to greater
transparency and accountability in the City.
City Council Minutes of November 28, 2023
Page 15 of 27
MOTION: Council Member Leon moved to introduce ORDINANCE NO. 6563
INTRODUCTION AN ORDINANCE OF THE CITY OF ANAHEIM amending
(INTRODUCTION) g Sections 1.11.010
(Definitions), 1.11.070 (Lobbyist Registration) and 1.11.090 of Chapter 1.11 (Sunshine Provisions) of
the Anaheim Municipal Code to strengthen and expand the regulations applicable to lobbyists, and
Section 1.11.080 (Revolving Door) to modify the restrictions on employment of lobbyists and require
lobbyists who act as advisors to City Official(s) to report their activity and determine that the
ordinance relates to organizational or administrative activities of governments that will not result in
direct or indirect physical changes in the environment, and therefore is not a project within the
meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines,
Section 15378(b), seconded by Mayor Aitken.
DISCUSSION: In response to Council Member Faessel, City Attorney Fabela explained that the
proposal excludes labor negotiators who are negotiating MOUs with the City. Council Member
Faessel expressed his disagreement with that decision and welcomed discussion on this topic.
Council Member Kurtz expressed concerns that the ordinance is confusing and overly complicated.
She recommended supplemental documentation, potentially in chart form, to better understand who
qualifies as a lobbyist. She inquired about who will be training the City Council and lobbyists to
comply with the proposed ordinance.
City Attorney Fabela explained that if the City Council takes no action, there is still a lobbyist
ordinance in place. He explained staff was given clear instructions to expand the definition of
lobbyists and in-house lobbyists, specify lobbying activity, and exclude labor negotiators from the
definition of lobbyists. He noted staff were also asked to provide an auditing provision that ensures
more active enforcement. Lastly, he advised that staff also indicated fees and other administrative
changes at a future date. He explained the intent of adding these items was to address loopholes
including in-house lobbyists. He emphasized the City Council is not required to take action on the
item.
In response to City Attorney Fabela, Mr. Steele explained that the ordinance places stricter
restrictions on in-house lobbyists. He noted that this does not change the rules for those who are
already reporting in Anaheim. He noted that based on his expertise, in-house lobbyists are familiar
with the rules as they are amongst the most regulated government affairs groups. He explained they
must comply with state law, county law, and local lobbying ordinances and should not be surprised by
additional changes since the proposed language was included in other jurisdictions' lobbyist
ordinances. He noted those who now need to report who were not previously reporting would require
training, however, may be familiar with reporting in other jurisdictions. He defended the language that
was included in the ordinance and explained that for years the City already enacted an ordinance
detailing reporting requirements and the definition of a lobbyist. He further explained that the added
language will elaborate on the definition of a lobbyist. He recognized Council Member Kurtz's
concerns but noted like other business regulations, it can get complicated.
Council Member Kurtz inquired how this would work for a labor negotiator. Mr. Steele explained that a
lobbyist must be compensated for lobbying before they have to register. He further explained that if it
is an employee group, for example, and someone is coming in to voice the opinion of the group but is
not being paid to lobby, that would not be a recordable activity. He noted that it is only when that
union hires a lobbyist to come in and give the union's perspective on an issue that is not in their MOU
then they would potentially have to report.
Council Member Kurtz inquired what would happen if a union local came to talk about a project. Mr.
Steele explained if they are being compensated above the $500 threshold, to discuss that project that
City Council Minutes of November 28, 2023
Page 16 of 27
would fall within the definition of lobbying. He noted the process is already outlined in the existing
ordinance and the proposed ordinance.
In response to Mayor Aitken, Mr. Steele explained it would be considered lobbying if an employee
union representative were being compensated for their lobbying. He offered some examples from
other cities.
Council Member Diaz explained that the City along with the Orange County Transportation Authority
(OCTA) has lobbyists in Sacramento and Washington D.C. He noted when the FBI investigation
began, then Council Member Avelino Valencia tried to improve the ordinance in place at the time to
build in consequences for those who violated the ordinance. He noted that he supports making his
calendar public since it is transparent, simple to follow, and hard to break the rules. He emphasized
that the ordinance as presented is far too complicated. He advised he would be voting no on the item.
Council Member Faessel referenced his concern about labor negotiators being excluded from the
ordinance and called upon Mr. Steele's opinion on the matter. Mr. Steele explained that is a political
question and should be decided by the dais. Council Member Faessel explained that he was already
uncomfortable excluding labor negotiators who are paid by the union to represent their MOUs and
have been left out of the City's proposed lobbyist reforms.
Council Member Meeks noted that this should be broad which is why she agrees with the posting of
the Council calendars. She reported the intent is to be transparent about who she is speaking with
about what issues in a simple manner. She believes this ordinance opens the door for confusion for
the public between the calendars and lobbying reports. She inquired about the benefit the ordinance
will have on residents. She clarified that her question is if the lobbying ordinance can be substituted
with the public calendars to avoid confusion. She inquired if there is something that the ordinance
does that the public calendar does not provide to residents.
City Attorney Fabela interjected and noted that staff are responding to City Council direction and are
not advocating for the ordinance. He explained that the calendar disclosure is imperfect and does not
capture everything such as a telephone call, a brief interaction, or other incidents that do not appear
on the calendar. He noted there is a history that the City has shown there can be elected officials who
decide to violate the rules to hide information. He explained the lobbyist ordinance would provide
another opportunity for the public to see if an official has been approached by somebody who is a
lobbyist.
Mr. Steele explained it would be the information that is already required in the lobbyist's report,
including the identity of the person who is compensating the lobbyists to speak with Council
Members, as well as the issue being discussed. He noted that information would not necessarily be
captured in the calendar disclosure.
Council Member Meeks advised that they are committed to having standards for calendar entries.
She expressed concern that this is duplicating efforts and costs for residents and creating conflicts
between those efforts. She advised that she would not be supporting the item.
Mayor Pro Tem Rubalcava expressed appreciation for the transparency that comes with the public
calendars. She thanked the City Attorney for working with her on the revolving door provision
included in the ordinance to prevent lobbyists like those identified in the JL Group report, who had
access not only to City Hall through the Mayor but also with the Anaheim Angels, from that sort of
behavior in the future. She advocated for keeping the revolving door provision.
City Council Minutes of November 28, 2023
Page 17 of 27
Mayor Aitken reported the City Council reviewed many different lobbying ordinances, many of which
were much stricter than what was presented. She thanked staff for their work in developing a
thoughtful ordinance. She also thanked staff for their work on the Sunshine Ordinance that was
adopted earlier in the meeting. She expressed support for requiring those who spend most of their
time advocating and influencing public officials, regardless of their title, should be required to register.
She noted she also feels strongly about tightening up provisions regarding enforcement policies. She
expressed her sensitivity to taxpayer money and anything that increases staff work. She explained
that the next step is going to be coordination with the Ethics Officer position. She noted that she does
not believe that the proposed ordinance places any additional work on the Council because the
responsibilities on those who lobby at the city, county, and state levels. She explained that while
calendars are going to be made public, this is an extra step in ensuring that lobbyists of the City are
accountable and is going to be an important step in providing transparency and accountability to the
residents of Anaheim. She expressed her support for the item.
Council Member Faessel reiterated his preference to adopt the ordinance including labor negotiators.
Mayor Aitken recognized Council Member Faessel's concerns and noted staff followed the direction
that was provided to them. She expressed her concern that the discussion to include labor
negotiators has passed with the majority of the Council supporting the inclusion. She did not want to
prevent further reforms from passing based on the labor negotiators' provision.
Council Member Faessel requested to amend the motion by Council Member Leon.
SUBSIDIARY MOTION: Council Member Faessel moved to introduce the ordinance with the inclusion
of labor negotiators.
DISCUSSION: Mayor Pro Tem Rubalcava expressed her support for excluding labor negotiators and
referenced other jurisdictions that exclude labor unions from their lobbyist ordinances.
Council Member Faessel withdrew the subsidiary motion.
MOTION: Council Member Leon moved to introduce ORDINANCE NO. 6563
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Sections 1.11.010
(Definitions), 1.11.070 (Lobbyist Registration) and 1.11.090 of Chapter 1.11 (Sunshine Provisions) of
the Anaheim Municipal Code to strengthen and expand the regulations applicable to lobbyists, and
Section 1.11.080 (Revolving Door) to modify the restrictions on employment of lobbyists and require
lobbyists who act as advisors to City Official(s) to report their activity, and determine that the
ordinance relates to organizational or administrative activities of governments that will not result in
direct or indirect physical changes in the environment, and therefore is not a project within the
meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines,
Section 15378(b), seconded by Mayor Aitken. ROLL CALL VOTE: AYES — 5 (Mayor Aitken and
Council Members Rubalcava, Leon, Kurtz, and Faessel); NOES — 2 (Council Members Diaz and
Meeks). Motion carried; ordinance introduced.
32. Discuss and provide direction to staff on potential modifications to the City of Anaheim
D113 Campaign Reform Law.
City Clerk Theresa Bass reported the item is a discussion and potential modification to the City of
Anaheim Reform Law. She reported at the August 29, 2023, City Council meeting, the City Council
approved a priority list of reforms stemming from the recommendations in the JL Group investigative
report and calendared the item for City Council discussion.
City Council Minutes of November 28, 2023
Page 18 of 27
City Clerk Bass explained that the Anaheim Campaign Reform Law which is codified in Chapter 1.09
of the Anaheim Municipal Code (Code) and was adopted to minimize the opportunity for, and the
appearance or perception of, corruption in City elections; to prevent candidates or contributors from
circumventing the contribution limits; and to maintain public trust in governmental institutions and the
electoral process. She further explained that the ordinance is intended to work in concert with the
Sunshine Ordinance and elements of State law to promote transparency.
City Clerk Bass briefly highlighted some of the elements of the current Campaign Reform Law. She
explained it is designed to reduce the corrupting influence of larger contributions and those who make
or raise such contributions for candidates. She advised that the Code prohibits any controlled
committee from soliciting or accepting contributions that exceed the contribution limit of $2,500, which
is adjusted biannually in January of each odd -numbered year. She noted the current campaign
contribution limit became effective January 1, 2023, and applies to the 2024 election cycle.
City Clerk Bass reported that, for purposes of the contribution limitations, contributions made by a
sponsored committee to a City candidate or an elective City officer (or to a committee controlled by
such candidate or officer) are combined with those contributions made during the same election
cycle. She noted that entities are treated as one person when entities share many members of their
boards of directors, are owned or controlled by the same majority shareholders, or are in a parent -
subsidiary relationship. She explained that any individual and any partnership in which the individual
is a general partner, or an individual and any corporation in which the individual owns a controlling
interest of 50% or more, or an individual who controls the decisions of making campaign contributions
to candidates for political office, regardless of the percentage of ownership, is treated as one person.
City Clerk Bass reported that, in addition, if a contribution is made by a committee in support of or in
opposition to a City candidate; the contribution shall be aggregated with the contributions made by
any other committee in support of or in opposition to the same City candidate, if a majority of the
officers of such committees are the same individuals.
City Clerk Bass reported that contribution limits may also apply to slate mailers. She explained that a
slate mailer is a mass mailing, more than 200 substantially similar pieces of mail sent in a calendar
month that supports or opposes candidates or ballot measures. She advised that the slate mailer
restrictions apply to mailers in which more than 10% of the surface area of the slate mailer expressly
supports or opposes the election of an individual City candidate. She noted if a slate mailer is
produced and/or distributed other than at the behest of a City candidate, then it is an independent
expenditure and is not subject to the contribution limitations. She advised that if the slate mailer is
paid by the City candidate or the controlled committee of a City candidate, contribution limitations
apply.
City Clerk Bass reported that Section 1.09.090 of the Anaheim Campaign Reform Law addresses the
transfer of funds. She advised that a City candidate or elective City officer, or committee controlled
by a City candidate or elective City officer, is prohibited from making or accepting a contribution to
any other City candidate or elective City officer or to any committee controlled by, supporting, or
opposing any other City candidate or elective city officer. She noted that this does not preclude a City
candidate or elective City officer from contributing from his or her funds to his or her candidacy or the
candidacy of any other candidate for elective City office, subject to the contribution limitations. She
explained that a City candidate or elective City officer may make a one -time -only transfer of funds
from their controlled committee for an elective federal, state, local, or City office to his or her
controlled committee for a different City office, subject to the contribution limits.
City Council Minutes of November 28, 2023
Page 19 of 27
City Clerk Bass reported that the Code allows for debt retirement following an election. She
explained that if a committee has debt outstanding after an election is over, the indebted former
candidate, or any controlled committee of any such officer or candidate, may accept contribution(s),
but is required to report such contributions on their Campaign Statement (Form 460) and meet all
filing requirements of an open committee. She further explained that following the retirement of all
outstanding debt from the election, any remaining funds can be used for purposes of defraying the
expenses of holding office, returned to the contributors, deposited in the City's General Fund, or
donated to any bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit
organization, where no substantial part of the proceeds will have a material financial effect on the
former candidate or officeholder, any member of their immediate family, or the campaign treasurer.
City Clerk Bass reported that if a candidate or committee of a city officer or candidates accepts a
contribution in excess of the contribution limit, the contribution must be returned within 14 days of
their discovery. She explained that after the excess contribution is returned, a written notification
showing the donor's name, the amount returned, and the date of the return should be provided to the
City Clerk's Office. She noted that the City Attorney and City Clerk work in concert to ensure
compliance with the Code. She explained that, as designated by the City Attorney, the City Clerk will
notify candidates and committees of any alleged violations and ensure compliance. She further
explained that if it is determined that a provision has been violated, the candidate and/or committee is
advised and the measures to take to cure and correct it.
City Clerk Bass reported that in the event candidates fail to comply with any provision or requirement
of the Campaign Reform Law, the Code provides for the payment of a civil fine to the City. She
explained that the fine for the making or accepting of any contribution over the applicable contribution
limits is a sum equal to three times the amount by which the contribution exceeds the limit, or $2,500,
whichever is greater, for each violation. She also explained that for any other violation, the penalty is
$500 for each violation; provided, however, that the maximum fine for failure to file an amendment as
required is $100 per day up to a total of $500.
City Attorney Fabela reported that the last time the City Council considered campaign reform was in
June 2022, when the California Governor signed into law Senate Bill (SB) 1439 which impacted the
City Council to participate in items involving major contributors to each of their campaigns. He
reported the Levine Act was established in 1982 and is aimed at "pay to play" corruption including
contributing money for votes. He explained that from 1982 to 2022 it only applied to appointed boards
and commission members and elected officials serving on a board or commission. He further
explained that SB 1439 closed the loophole and expanded to local elected officials.
City Attorney Fabela reported that there is now a fundraising ban that states that as a proceeding is
"pending" and for 12 months after a final decision. Council Members cannot accept, solicit, or direct
contributions of more than $250 from a party or participant with a financial interest, or from their
agents. He explained that Council Members must disclose contributions of more than $250 received
in the past 12 months from a party, participant, or their agent. He further explained they must recuse
unless a cure is available. He noted that recusal is not just voting, it is participating in any way. He
advised that parties, participants, and agents cannot contribute more than $250 during the
proceedings and the following 12 months after a final decision. He noted that parties, participants,
and agents must disclose contributions of more than $250 on the proceeding record. Lastly, he
reported that SB 1439 does not apply to contributions received by elected officials before January 1,
2023.
City Attorney Fabela explained that an officer under the Levine Act is someone who may make,
participate in making, attempt to influence a decision or exercise authority or budgetary control over
City Council Minutes of November 28, 2023
Page 20 of 27
elected officials (except judges, State Legislature members), members of appointed boards and
commissions, agency chief executives, and any official with decision -making authority who was a
candidate for elected office in 12 months prior to a decision.
City Attorney Fabela explained that a party is someone who files an application or is subject to a
proceeding. He further explained that a participant is someone with a financial interest in a decision
and who actively supports or opposes the decision by lobbying (direct communication for purposes of
influencing), testimony or public comment during a proceeding, or other communications to the
agency to influence a proceeding.
City Attorney Fabela explained that a proceeding is any proceeding to grant, deny, revoke, restrict, or
modify a license, permit, or other entitlement that does not solely involve purely ministerial decisions
and is applied for, or formally or informally requested by the party, to a franchise or contract, or,
except for competitively bid, labor and personal employment contracts as defined in regulations.
City Attorney Fabela explained that a pending proceeding for officers is a decision before the officer
for their consideration, including any item placed on an agenda at a public meeting. He noted that the
officer knows or has reason to know that a "proceeding" is "before the agency" for a decision or
action, and it is reasonably foreseeable it will come before the officer in a decision -making capacity.
He further explained that for parties and participants, a pending proceeding is before the jurisdiction
of an agency for decision or action.
City Attorney Fabela reported that covered contributions are those that are more than $250 that an
officer accepts, solicits, or directs to the officer's campaign or controlled committee or another
candidate's campaign or controlled committee. He explained that aggregation rules require that the
party's or participant's contributions must be aggregated with contributions by an agent in the prior 12
months or from the date the agent was hired as a paid employee, contractor, or consultant, whichever
is shorter. He noted that the Levine Act does not include contributions to independent expenditures
and does not feel that including it in recusal requirements would be impractical.
City Attorney Fabela reported that controlled committees are those that are controlled directly or
indirectly by the candidate or officeholder and may include camoaian committees. ballot measure
committees, legal defense funds, officeholder -controlled committees, and recall committees. He
explained that "indirect" control means the candidates, officeholders or their agent has a significant
influence on the committee's actions.
City Attorney Fabela explained that accepting or receiving constitutes a contribution that is made to
the officer's campaign, or any committee controlled by the officer. He explained that to solicit means
that the officer or agent requests a contribution to any campaign or controlled committee, not just
their own. He explained that directing means that the officer or agent solicits a contribution that is
subsequently made by a donor. Lastly, he explained that soliciting and/or directing is only unlawful if
the officer knows or has "reason to know" the donor is a party, participant, or agent, with some
regulatory exceptions (mass mailings, mass media, public speeches).
City Attorney Fabela explained that before rendering a decision, an officer must disclose receipt of
any contribution of more than $250 from a party, participant, or agent. He further explained that
disclosure must be made on the record of the proceedings. He advised that recusal is required if an
officer willfully or knowingly received the contribution or received a contribution from a participant or
their agent and had "reason to know" of the participant's financial interest.
City Council Minutes of November 28, 2023
Page 21 of 27
City Attorney Fabela reported that for a willful and knowing receipt, because it appears on the
campaign disclosures it is not necessarily conclusive that the officer knows of the campaign
contribution. He explained that willful and knowing receipt means actual knowledge of a contribution,
the party disclosed the contribution as required by the Levine Act, or other knowledge including
personally soliciting the contribution.
City Attorney Fabela explained officers need to know about the participant's financial interest. He
advised that if they reveal this fact and make their financial interest apparent. He explained that if the
participant has real property within 500 feet of a property in the proceeding, officers will need to
recuse themselves.
City Attorney Fabela explained that to cure and participate, the officer must return the contribution (of
more than $250) within 30 days of the time the officer knows or should have known of both the
contribution and the proceeding. He explained that this means that the contribution was received from
a party before the officer knew/had reason to know that a proceeding involving the party has
"commenced" (noticed on an agenda) or the contribution was received from a participant before the
officer knowing or having reason to know of the participant's financial interest.
City Attorney Fabela explained that Council Members may cure from the dais. He explained that an
officer may participate in a public hearing if they announce that they plan to cure from the Dais and
follow through with returning the contribution within 30 days.
City Attorney Fabela reported that it is unlawful to accept, solicit, or direct a contribution from a party,
participant, or agent for 12 months after a final decision. He noted there is no cure available if the
officer knowingly and willfully accepts, solicits, or directs the contribution. Lastly, he advised that if not
knowing and willful, the contribution must be returned within 14 days of accepting, soliciting, or
directing the contribution, whichever is later.
City Attorney Fabela presented best practices that include a section in staff report templates
indicating whether the matter is subject to the Levine Act, Levine Act reminder on agendas, conflict of
interest sheets, disclosure questions on project application forms, and language on bid documents to
alert parties of the statute.
DISCUSSION: Council Member Leon thanked everyone who came out to speak on the item. He
noted that he was in support of campaign reform as a candidate to bring transparency to City Hall. He
inquired if Mr. Steele, in his expertise, foresees modifications being made for recusals for
independent expenditures. Mr. Steele noted that to his knowledge there is not a local jurisdiction in
California that has tried to impose a recusal requirement with independent expenditures. He noted it
would ultimately be something that would need to be addressed by the Supreme Court. He believes it
would put the City in the position of being a test case. He noted there has been a lot of concern
expressed about the influence of independent expenditures in elections in the City. He thinks it would
be important to have a complete record presented to the City Council to justify that type of restriction
and to prove that independent expenditures are directly leading to corruption in City elections.
Council Member Leon referenced former Council Member Valencia's comments from a previous City
Council meeting where he commented that the former Mayor was breaking the law to try to solicit
contributions and recommended finding solutions to close the loophole. He would like to further
explore what the City Council can and cannot do.
Mayor Aitken noted that she understands the sensitivity of the City being a test case. She inquired if it
violates someone's First Amendment rights if they are donating to most of the Council Members and
City Council Minutes of November 28, 2023
Page 22 of 27
they in turn cannot address the matter. City Attorney Fabela explained there is a litany of legal issues
that can arise. He noted that the Supreme Court has made it clear that there is no First Amendment
right involving a legislator's right to vote. He explained that what the court did not address was the
question of freedom of association stemming from their contribution to a campaign and then not
having the person they support be allowed to vote. He explained it would be defensible but would not
be a guaranteed win in court.
Mr. Steele noted that the other potential argument that could be raised, especially with a City with a
district -based system, is that if mischief occurs that requires a Council Member to recuse themselves,
it could cause residents to say that this recusal requirement disenfranchises them from having
representation on that vote.
Mayor Aitken asked about alternatives to the mischief argument if a Council Member is only recused
from voting if the independent expenditure donation advocates for their candidacy. City Attorney
Fabela noted that when this was presented to the City Council in June 2022, staff used a definition of
"independent expenditure" that focused on the advocacy for a Council Member's election. He
referenced Council Member Leon's earlier comments about making the $250 threshold higher to
make it more difficult for mischief.
Mayor Aitken inquired if the threshold could be crafted in a way to be above $250. City Attorney
Fabela explained it could happen but there is no way to tell what the threshold would be and may be
a moot point when talking about large contributors.
Council Member Meeks commented that the mischief argument is legitimate and does not believe
there is a threshold that makes sense. She noted there is a lot of money invested in the decisions
that are made at the dais and believes there is a real possibility it could disenfranchise an entire
district. She believes the City should be hands -off with independent expenditures.
Mayor Aitken inquired if any municipalities require disclosure if a Council Member is the beneficiary of
an independent expenditure, but not prohibit them from voting. Mr. Steele noted he does not know of
a municipality but referenced a recent case decision where the Court of Appeals upheld the City of
San Francisco's additional disclosure requirements for an independent expenditure campaign that
required disclosure of who the contributors were on the communications.
Council Member Leon inquired about the current threshold limits for disclosure on advertisements.
Mr. Steele explained there was not a specific dollar threshold. He noted the threshold for becoming
an independent expenditure committee is $1,000. He added it is based on either a percentage or the
top 3 to 5 donors.
Council Member Leon inquired about the forms and disclosures that have to be filed with the City
Clerk's Office for an independent expenditure and inquired if they have the same filing period as
candidates. City Clerk Bass explained that they have the same filing requirements and there is a 24-
hour reporting period for independent expenditures.
Mayor Pro Tern Rubalcava inquired if the City's Ethics Officer could monitor Form 460s as an extra
layer of oversight. City Attorney Fabela explained that the future Ethics Officer could monitor them.
Mayor Pro Tern Rubalcava recommended setting limits on the amount candidates can loan
themselves and noted that it would help level the playing field. She recommended exploring
limitations on debt recovery periods. Lastly, she recommended strengthening the reporting period so
that they start sooner than they currently do now. Mr. Steele requested clarification on the last item.
City Council Minutes of November 28, 2023
Page 23 of 27
Mayor Pro Tern Rubalcava explained that, for example, if it is currently 30 days it should be extended
to 60 days.
Council Member Diaz commented that Council Members having to recuse themselves due to
independent expenditures would create an environment where contributions would be made simply to
force a recusal. He explained that the point of independent expenditures is to put money into a
candidate they believe in. He believes that putting a time limit on debt retirement will only benefit well-
connected candidates. He noted that the Levine Act has three flaws. He explained that it does not
include State Legislators, does not include union contributions, and has created more contributions to
independent expenditures. He cautioned the dais to be careful with their decisions.
Council Member Meeks agreed with Council Member Diaz that the City Council needs to be careful
regarding what it acts upon. She explained she likes to act independently and noted that the Levine
Act limits a candidate's ability to raise money and get the message out to the community. She
expressed concern that the Levine Act does not include labor unions. She added independent
expenditures have a major voice in campaigns, however, expressed concerns with setting restrictions
on them.
City Clerk Bass referenced Council Member Leon's inquiry earlier and reported that the Fair Political
Practices Commission (FPPC) guidelines are that contributors are to file within 24 hours of making
independent expenditures of $1,000 or more within 90 days of an election.
Mayor Aitken commented that there is a lack of trust from the public in the election process given
what has happened in Anaheim. She noted the Levine Act has done a lot of work to level the playing
field. She explained that the disenfranchisement from the community stems from voter confusion
through text messages, mailers, and phone calls. She feels the City can do a better job at making
the information much easier to find such as the City of Los Angeles. She explained that the City of
Los Angeles requires that a copy of mailers must be uploaded to the city website 48 hours before it is
mailed. She noted it may help residents to identify the groups behind the candidates.
Council Member Leon inquired if, within 90 days of an election, an independent expenditure has to
report any expenditure of over $1,000, they are required to submit a copy of the materials being
distributed. City Clerk Bass confirmed that the Form 496 does not require the materials to be provided
and only states the amount and who it supports or opposes. Council Member Leon would like to
explore the donor thresholds further and investigate the requirement of materials being supplied.
Mayor Aitken confirmed that the City of Los Angeles requires any materials, such as robocalls, text,
or PDFs of mailers to be supplied 48 hours before it is sent out.
Council Member Meeks inquired what the purpose of providing the materials to the city would serve.
Council Member Leon explained that the vision is that when the independent expenditure files the
form they are already required to file, they would also be required to provide the materials. He noted
that it would make it easier for the public to find information on the independent expenditures.
Mayor Aitken recommended having someone investigate the City of Los Angeles' website, but her
vision would be for voter education for Anaheim's residents.
Council Member Kurtz expressed support for reviewing the City of Los Angeles' website. She
expressed concern that if an independent expenditure is putting out materials 48 hours in advance,
the candidate is not supposed to know who sent out the information. Mr. Steele advised they would
investigate and determine what the parameters are for reporting timelines.
City Council Minutes of November 28, 2023
Page 24 of 27
Mayor Pro Tern Rubalcava inquired how businesses outside of the City are monitored such as labor
unions. She encouraged investigating enforcement. She noted there are labor unions that under-
report and inquired if they would be required to upload photos of their paid walkers. She encouraged
investigating the recall campaign reform as well as signature thresholds.
Council Member Kurtz requested clarification about investigating non -Anaheim businesses
influencing local campaigns. Mayor Pro Tern Rubalcava would like to see these businesses disclose
their headquarters and show pictures of their paid walkers.
Mayor Aitken noted that the City of Los Angeles requires paid -walker scripts for paid walkers. She
requested that staff investigate other jurisdictions' practices. She inquired if municipalities could
change state election law for recall processes. Mr. Steele advised that Charter Cities can adopt their
election -related provisions but recall is guaranteed by the State Constitution so they would have to do
some research on the matter.
Mayor Aitken inquired if recall campaigns were completely unlimited. Mr. Steele confirmed that they
are unlimited. He explained that a recall is considered a ballot measure because it requires a yes or
no answer and is not subject to contribution limits for both sides.
Mayor Pro Tem Rubalcava commented that the Levine Act does apply to measure ballot committees
and has a $250 reporting threshold. She noted that the walking scripts are not always followed and
should be reported.
Council Member Leon requested additional court cases regarding recusals. He requested additional
information about the disclosure requirement in SB 1439. City Attorney Fabela explained it is the
disclosure at the top of the staff report that discloses California Government Code 84308.
Council Member Leon inquired if that could be made clearer in the future. He inquired if the Conflict of
Interest forms would be made available to the public. City Clerk Bass explained they are not
published for public review. City Attorney Fabela suggested individuals seeking those forms submit
Public Records Information Act requests.
City Attorney Fabela explained that the staff is doing its best to raise awareness, but the obligation is
always on the Council Member as the recipient of contributions.
Council Member Leon inquired how the public would know that SB 1439 and California Government
Code 84308 are the same. Mr. Fabela explained that once SB 1439 was codified it would become
codified until changed but staff would explore options.
Council Member Leon recommended providing disclosures on the agenda for independent
expenditures, for clarity to the public. Mr. Fabela commented that it would be more of a logistical
issue but noted he had not heard of any jurisdiction doing that. Council Member Leon requested to
explore that further.
Mayor Aitken recommended exploring the gift ban. She inquired about the current restrictions on
accepting and reporting gifts and if City Attorney Fabela had seen anything that had worked. City
Attorney Fabela reported that there are not any local gift bans and the City is subject to state limits
which is any gift over $50 and $590 in gifts from any one donor per year. Mr. Steele explained that
municipalities have lowered those gift ban thresholds in many ways and provided some examples. He
encouraged the City Council to determine what is practical and realistic from a policy perspective.
City Council Minutes of November 28, 2023
Page 25 of 27
Mayor Aitken recommended a chart that outlines what other municipalities are utilizing to determine
what the City should explore. City Attorney Fabela clarified the Mayor's request to have it apply to
gifts from anyone and lobbyists.
Mayor Pro Tern Rubalcava commented that she is a fan of disclosure. She encouraged the dais to
determine the problem they were trying to solve and not just create more work.
Council Member Faessel inquired if a candidate must pay back a campaign loan before the campaign
account can be closed. City Clerk Bass explained it must be repaid unless it is forgiven. She noted
there is no law on the amount of time a committee can be open or for any restriction on contributions
to pay back the debt. She confirmed that semi-annual reports are required to be made by the FPPC
if the committee is open. Mr. Steele explained the debt can only be forgiven up to the local
contribution limit for the election cycle.
Council Member Leon noted that part of the previously considered ordinance was having a public
check and balance like the Brown Act to govern disclosing information. He inquired if Mr. Steele had
seen the private right to bring forward a lawsuit as enforcement. Mr. Steele explained that right exists
under the Political Reform Act today. City Attorney Fabela explained that there was a state remedy
because the Levine Act was not applicable at that time.
Council Member Leon inquired about limiting fundraising to a specific timeline. Mr. Steele reported
there is a variety of time limits at different municipalities both pre- and post -election. Council Member
Leon requested additional information on those time limits being brought back to the City Council for
review and discussion.
Mayor Aitken inquired if staff had clarity on how to proceed. City Attorney Fabela provided a timeline
to return to the City Council in December 2023 or January 2024.
Informational item with direction provided to staff. No formal action taken by Council.
33. RESOLUTION NO. 2023-106 RESOLUTION OF THE CITY COUNCIL OF THE CITY
AGR-7479.0 OF ANAHEIM authorizing the execution and delivery of an Amended and Restated Revolving
Credit Agreement with Wells Fargo Bank, National Association, payable from and secured by
subordinate revenues of the electric system and the water system (revolving credit agreement
not to exceed $100,000,000).
Assistant General Manager Brian Beelner reported the item is a proposed Amended and Restated
Revolving Credit Agreement with Wells Fargo Bank for a five-year, $100,000,000 revolving credit
agreement. He explained that to provide the level of service the community expects and to provide
that service at more affordable rates than other Orange County utilities, Anaheim Public Utilities
(APU) continues to seek out all tools at its disposal. He explained that one of the tools that APU has
used for the last 11 years is a revolving line of credit. He noted it ensures that APU has sufficient
access to capital without the need to hold vast reserves. He reported that APU has had previous lines
of credit with Wells Fargo in the past and provided a brief overview of its uses. He advised that it is
also used as a risk management tool that can be used during a major disaster.
Assistant General Manager Beelner reported that there is currently no balance on the line of credit.
He explained that the City Council will continue to have full appropriation and expenditure authority.
He reported that APU issued a Request for Proposal (RFP) and received four responses with Wells
Fargo having the most competitive bid with the lowest carrying costs of 0.27% and the longest term of
City Council Minutes of November 28, 2023
Page 26 of 27
five years. He explained that the line of credit is a useful tool that provides significant liquidity at a
very low cost.
General Manager Lee commented that a lesson learned by Public Utilities during the energy crisis in
the late 1990s and early 2000s is that very large utilities became credit -unworthy very quickly. He
noted that the line of credit is something that APU can draw upon if necessary to pay off significant
large expenses.
DISCUSSION: Council Member Kurtz inquired about what APU did before the lines of credit. Mr.
Beelner explained that APU kept cash reserves that were lower than they would typically keep and
was then downgraded. He noted that the thought at the time was to have a line of credit that would
bolster APU's credit rating which it did. Council Member Kurtz expressed her support for the item.
MOTION: Mayor Pro Tern Rubalcava moved to approve RESOLUTION NO. 2023-106
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the execution and
delivery of an Amended and Restated Revolving Credit Agreement with Wells Fargo Bank, National
Association, payable from and secured by subordinate revenues of the electric system and the water
system (revolving credit agreement not to exceed $100,000,000), 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.
REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS 4non-agenda items): None
COUNCIL AGENDA SETTING:
Council Member Leon requested a presentation from the County of Orange Campaign Finance and
Ethics Committee regarding their oversight and requested to agendize a recognition for Frank Garcia
and his years of service to the community. He requested that staff explore real-time translation versus
just subtitles for City Council meetings.
Council Member Kurtz stated that she appreciates that staff is working on the illegal vendor issue and
requested a report in January 2024.
City Manager Vanderpool clarified the report would be provided in early 2024, however, staff
can expedite the requested report for January 2024.
Council Member Faessel requested a recognition for Awards by Paul for 45 years of business.
Mayor Pro Tern Rubalcava requested an update on the City of Anaheim policy regarding street
racing. She also requested recognition for Green Birds for the work they have done in the City of
Anaheim for the past 10 years.
ADJOURNMENT:
At 10:58 p.m., Mayor Aitken adjourned the City Council in memory of Bob Brunette, Margarita Priego,
Former Assembly Member James Morrissey, Ed Prange, and Bertha Munoa.
City Council Minutes of November 28, 2023
Page 27 of 27
Respectfully submitted,
SS, CIVIC
Susana Barrios
From: Benjamin Stein
Sent: Friday, November 10, 2023 11:27 AM
To: Theresa Bass <TBass(@anaheim.net>
Subject: [EXTERNAL] Asking for Support from the City of Anaheim for a Legal Outcome for Abuse, including Lifelong
Injuries, and Physical Damage to the Brain
Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize
the sender and are expecting the message.
Dear Anaheim City Clerk,
My name is Benjamin, I live in California, -I have been seeking help for something endured here within the
state. I am asking to have help with this from the local City Council. I need this to be looked at, and understood. I, as a
person, was put through something that falls very close to this:
https://encyclopedia.ushmm.org/content/en/article/the-biological-state-nazi-racial-hygiene-1933-1939
This began as a concern as I was attending a research University in Northern California a few years ago. Individuals with
knowledge of the sciences were involved in this. As this was happening I could do nothing else but endure, stay centered
and endure, attempt to keep routine, and send out messages for help. This was from raw physical damage, shock, and
distress. I am right to expect money for this. I need to be supported for arrests and compensation.
There is a large working document describing this
here: https://drive.google.com/file/d/llxZGhgQeruIEsRWMFGhIhmu3eM3N5FWE/view?usp=sharing . Please read
through everything.
I am asking for help with a California / American version of the same as this: https://claimscon.org/our-
work/compensation/, which should already be available as both restitution and a civil suit through normal legal
channels. The concern is that I had been being prevented from this, continually, this is as I was being continually injured,
continually in fear of death, and this appeared to be part of strategy by the people who were injuring, responsible for
injury, meaning that this felt coordinated and intentional.
There is an incredible amount of principle, and need, in having justice with this.
Under no set of circumstances is injury and mistreatment like this, very understated, something which is acceptable, or
something that can be expected to be let go of, and to move on from, without a thorough sense of justice, arrests, and
thorough compensation. I cannot be asked to do this in any manner. Any person would expect the same. I do not care
what people thought that they were doing, and I do not care what life position they are in. I do not care about their ego
or prestige. There are lines that cannot be crossed with people in general, and this type of mentality, to make this
acceptable, can never take a foothold in America. I am asking for assistance with attention on this, justice for this, and
further than my case itself, prevention of this ever becoming something which is normal.
The 1st Amendment to the United States Constitution has three main principles related to this:
Congress shall make no law:
1. "abridging the freedom of speech"
2. "or of the press"
3. "right of the people ... to petition the Government for a redress of grievances"
This is directly from the copy here:
https://www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm
I am asking for support with this. It is mandatory to have this for something like this. I need to have arrests, and I need to
have compensation. My full and entire life was targeted by this. I have been attempting to seek a fair response to this
through letters, emails, phone calls, and civil action. This is in the absence of an attorney, where I had been followed
every time that I had sought one. This has prevented me from having access to my equal protection of the laws, per the
14th Amendment, also from the Constitution.
I am asking for support for $45,000,000.00 from the state of California as a sum total legal outcome for all injury,
damage, and suffering involved, approaching this without a lawyer. I am living with significant injury to the brain, living
with this and working through this as I have been petitioning for assistance. The brain is your brain. It is everything you
are, and everything that you can be. All memories and emotions that you have. It holds your sense of self. There was the
direct intent in some of this to remove my ability to be myself from me. This is in addition to the other concerns
involving love and reproduction. Any adult should take this seriously, anyone who dates, has a loved one, or a family.
There is an inherent unacceptability with this that anyone should support. I am asking to have assistance with this
number as a fair legal outcome from the state of California. If my understanding of the court system is correct I would be
able to keep about 1/3 to 1/2 of this, maybe a little more. This would allow me security within my life, give a sense of
justice, and allow me to move forward. This would not be the largest lawsuit within the state of California, nor the
biggest number seen. This was brought up to me as a number, and I see this as a number which is fair. I am asking to
have support for this. It is not normal to have to do this through this form of action. Until I have an attorney this is what I
have been having to do.
I have a lot posted for this on my Twitter account, which can be seen here:
1. This is a longer, explanatory post:
https://x.com/bnstn/status/1677769352421179392?s=46&t=rVB04vc6K5Qn2kpglOYSRg
2. These are emails sent to the United States Department of Justice, Criminal Division:
https://x.com/bnstn/status/1715786150630379708?s=46&t=rVB04vc6K5Qn2kpglOYSRg
3. This is correspondence sent to the office of the California Attorney General:
https://x.com/bnstn/status/1715786249699824082?s=46&t=rVB04vc6K5Qn2kpglOYSRg
4. These are relevant articles from the UDHR, the Universal Declaration of Human Rights, signed by the United States in
1948:
https://x.com/bnstn/status/`1719081981643030847?s=20
The photo on the last is of Eleanor Roosevelt, holding a copy of the original document.
These are links for Hate law, the first two for California, and then the third for the United States of America:
1. https://oag.ca.gov/hatecrimes?fbclid=IwAR3C-O5BOCanYUdGCKdH4G98Bghi3hW3B4iHsFteK 21 nXyQzL2SitTH3o
2. https://oag.ca.gov/system/files/media/hate-crimes-brochure-english.pdf
3. https://www.justice.gov/hatecrimes/learn-about-hate-crimes
I was hoping to have this brought up in places where this is helpful. Supportive phone calls would be helpful, along with
other forms of outreach. These are all relevant people in politics:
San Diego City Council Representative Raul Campillo:
https://sandiego.gov/citycouncil/cd7
Mayor of San Diego Todd Gloria:
https://sandiego.gov/mayor
CA State Assemblymember Christopher M. Ward for Tierrasanta, San Diego, CA:
https://a78.asmdc.org
CA State Senate Representative Toni Atkins for San Diego, CA:
https://sd39.senate.ca.gov
Congressional Representative Sara Jacobs for Tierrasanta, San Diego, CA:
https://saraiacobs.house.gov
Congressional Representative Barbara Lee for Alameda County, CA:
https://Iee.house.gov
U.S. Senator Alex Padilla for the state of California:
https://padilla.senate.gov
U.S. Senator Laphonza Butler for the state of California:
https://butler.senate.gov
Please help as much as possible. I did not have any help from Berkeley while I was there, so I have not listed them here.
This would be something to bring up itself. The Mayor is Jesse Arreguin, my Berkeley City Council representative was
first Kate Harrison at and then Councilmember Sophie Hahn at -
The CA State Assemblymember is Buffy Wicks for Berkeley, CA. The CA State Senate representative is
State Senator Nancy Skinner. I am concerned that her office was directly involved in doing this to me. I had reached out
repeatedly to Assemblymember Wicks, and less so to the office of State Senator Nancy Skinner for this reason. I did not
have help with this up there in general. There is no excuse for this.
I need to have support for this.
Sincerely,
-Benjamin Andrew Stein
Susana Barrios
From: Youth -on -the -Move, Inc.
Sent: Monday, November 6, 2023 2:02 PM
To: Public Comment
Subject: [EXTERNAL] Reminder: The latest news for you
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.
0
YOB. ON THE MOVE
Giving Tuesday
November 28, 2023, a day of giving that can change the future for our youth,
families,communities and educators.
Join us for "Giving Tuesday" on November 28th, 2023, a day of giving that
can change the future for our youth, families, communities, and educators!
Q Youth -on -the -Move, Inc. is on a mission to empower young minds and
appreciate dedicated educators who shape our future. This year, we're hosting
a 24-hour fundraising event to support academic programs for youth success
and show our educators the appreciation they truly deserve.
4 Why support us?
1
- Empower Youth: Your contributions will help us provide academic programs
that equip young individuals with essential skills and knowledge to thrive in
today's world.
- Appreciate Educators: So many educators work tirelessly to mold the future
generation. Let's show them our gratitude and support their efforts.
a What can your donation achieve?
- $25: Provides study materials for one student.
- $50: Supports an online learning session for a group of students.
- $100: Contributes to scholarships for underprivileged youth.
- $250: Helps organize an educator appreciation event.
0 How to get involved:
1. Mark your calendar for November 28th, 2023. From 9am to 9 pm, join us in
our office for free snacks and drinks. (Address: 1850 E. 17th Street, Santa
Ana, Ca. 92705.
2. Visit our website or social media pages
at youthonthemove.net and educatorshalloffame.org to DONATE and track
the progress of the event.
3. Share our (YOMI's) cause with your friends and family, encouraging them to
join us in making a difference.
Let's come together on Giving Tuesday and make a positive impact on the
lives of our youth and educators. Your support can create a brighter future for
all. Thank you for being a part of the Youth on the Move community! You are
encouraged to donate anytime from now. Don't forget to share with others.
Visit our websites and social media.
#YouthOnTheMove #GivingTuesday #EmpowerYouth #AppreciateEducators
#SupportEducation
International Educators' Hall of Fame 1 1850 E. 17th Street, Room 103, Santa Ana, CA 92705
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Update Profile I Constant Contact Data Notice
Sent by
Susana Barrios
From: Youth -on -the -Move, Inc.
Sent: Friday, November 17, 2023 8:36 AM
To: Public Comment
Subject: [EXTERNAL] The latest news on ways to give back
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.
othe
stir e i
'�'PrAdlionB{
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a ,
YOUTH ON THE MOVE
EDUCATION INTERNATIONAL
Join the
movement
& give back
I IV I N G
TUt:..JUAY
G w
l
As the holiday season brings cash
flowing to retail businesses, non-
profits can get in on the action
-
thanks to #GivingTuesday.
How can I help?
Youth -on -the -Move, Inc. is a 501 (c) (3) nonprofit educational organization. We
are happy to tell you that we are participating in the 2023 GivingTuesday on
Tuesday, Nov. 28, 2023 from 9 a.m. to 9 p.m. JOIN THE MOVEMENT.
Free Refreshments and food. Have fun, fortune, pick up your certificate(s) and
more.
This is an opportunity to further support our programs, encourage and mentor
the youth and their families; And to build a better future for all of us.
#My
Our Mission is to help youth Thank you for giving. Please continue, we
succeed with the help of families, could not suceed these past 35 years
communities and people like you. without you.
Make a contribution today! Only 10 days left 'til Giving Day -- You can
make a difference. The organization
N
appreciates your contributions. Thank you,
again.
Give Volunteer Events Contact
Youth -on -the -Move, Inc.
Giving Tuesday, Open from 9 a.m. to 9 p.m. Contact: Dr. Patricia Adelekan (714-628-9844)
or Mr. Mahendar Adluri (510)468-7576.
International Educators' Hall of Fame 1 1850 E. 17th Street, Room 103, Santa Ana, CA 92705
Unsubscribe publiccomment@anaheim.net
Update Profile I Constant Contact Data Notice
Sent by
i1
Susana Barrios
From: Youth -on -the -Move, Inc.
Sent: Monday, November 20, 2023 8:32 AM
To: Public Comment
Subject: [EXTERNAL] Reminder: The latest news on ways to give back
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.
othe �04
Cstir e i
•
f�'PrAdronat �a�•t�5 ;.
a ,
YOUTH ON THE MOVE
F-DUCATION INTERNATIONAL
Join the
movement & give back
#Gw* 110 1 N GO"*
W
T E AY
o
As the holiday season brings cash
flowing to retail businesses, non-
profits can get in on the action
-
thanks to #GivingTuesday.
How can I help?
Youth -on -the -Move, Inc. is a 501 (c) (3) nonprofit educational organization. We
are happy to tell you that we are participating in the 2023 GivingTuesday on
Tuesday, Nov. 28, 2023 from 9 a.m. to 9 p.m. JOIN THE MOVEMENT.
Free Refreshments and food. Have fun, fortune, pick up your certificate(s) and
more.
This is an opportunity to further support our programs, encourage and mentor
the youth and their families; And to build a better future for all of us.
.
Our Mission is to help youth Thank you for giving. Please continue, we
succeed with the help of families, could not suceed these past 35 years
communities and people like you. without you.
Make a contribution today! Only 10 days left 'til Giving Day -- You can
make a difference. The organization
N
appreciates your contributions. Thank you,
again.
Give Volunteer Events Contact
Youth -on -the -Move, Inc.
Giving Tuesday, Open from 9 a.m. to 9 p.m. Contact: Dr. Patricia Adelekan (714-628-9844)
or Mr. Mahendar Adluri (510)468-7576.
International Educators' Hall of Fame 1 1850 E. 17th Street, Room 103, Santa Ana, CA 92705
Unsubscribe publiccomment@anaheim.net
Update Profile I Constant Contact Data Notice
Sent by
i1
Susana Barrios
From: Youth -on -the -Move, Inc. -
Sent: Tuesday, November 28, 2023 7:33 AM
To: Public Comment
Subject: [EXTERNAL] Giving Tuesday
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.
Fund
Tuesday,
ising
Help us give theAldren
ift of
education to all C
also honouring legendary
humanitarian educators.
https: ou honthemove.net
https://educatorshalloffame.or
International Educators' Hall of Fame 1 1850 E. 17th Street, Room 103, Santa Ana, CA 92705
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Sent b
Susana Barrios
From: Craig A Durfey
Sent: Monday, November 27, 2023 11:12 AM
To: Bill Murray; Bob Harden; Craig A Durfey; Dina Nguyen; Gabriela Mafi; Lan Nguyen; PIO
Department; Public Comment; Public Records Request; Teresa Pomeroy;
publicworks@ggcity.org
Subject: [EXTERNAL] Fwd: Schools will be plenting trees
Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you
recognize the sender and are expecting the message.
---------- Forwarded message ---------
From: Craig A Durfey
Date: Mon, Nov 27, 2023 at 10:18 AM
Subject: Fwd: Schools will be plenting trees
To: Aguilera, Christopher <Christopher.Aguilera@asm.ca.gov>, Assemblymember Quirk -Silva <assemblymember.quirk-
siIva @assembly.ca.gov>, Craig A Durfey
---------- Forwarded message ---------
From: Craig A Durfey
Date: Mon, Nov 27, 2023 at 10:16 AM
Subject: Fwd: Schools will be plenting trees
To: <CLAYTON.HEARD@asm.ca.gov>, Craig A Durfey
<SENATO R.GONZALEZ@senate.ca.gov>
---------- Forwarded message ---------
From: Craig A Durfey
Date: Mon, Nov 27, 2023 at 10:15 AM
Subject: Fwd: Schools will be plenting trees
To: ADAM.BOMAN@ASM.CA.GOV <ADAM.BOMAN@asm.ca.gov>, Craig A Durfey -
<hauwie.tie@asm.ca.gov>, <senator.nguyen@senate.ca.gov>
---------- Forwarded message ---------
From: Craig Durfey
Date: Mon, Nov 27, 2023 at 5:32 AM
Subject: Schools will be plenting trees
To: Craig Durfey
Nick Dibs
1
https://www.gov.ca.gov/2023/07/13/caI ifornia-schools-to-get-more-shade-and-nature-to-protect-kids-from-extreme-
heat
Shared via the Google app
Sent from my iPhone
Susana Barrios
From: Bryan Sothern
Sent: Tuesday, November 28, 2023 10:46 AM
To: Public Comment
Subject: [EXTERNAL] CCRT Team
You don't often get email from Learn why this is important
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.
To whom it may concern,
It's my pleasure to share with you my experience with the City Net CCRT team. I have the privilege of helping run our
ministries pertaining to homelessness here at Dwelling Place Anaheim. We have had an ongoing relationship with City
Net since I stepped into this role just over a year ago. A CCRT team comes most weeks on Thursday, to help provide
services to our guests at our shower and laundry ministry. It has been a pleasure to serve with the teams that are
provided by CCRT. Janeth and Christina have been the most regular. They have been a pleasure to work with. We have
found them to be women of empathy, compassion, and integrity. We greatly appreciate their faithfulness and
transparent communication. They have also built great rapport with our guests.
Due to CCRT being short staffed recently, they haven't been able to attend every week. I hope they are able to come
back on a regular basis, because they have had a tremendously positive impact here in our community. The CCRT has
been responsible for helping us get at least fifteen total individuals off the street so far, and I have no doubt that if
they're able to keep engaging with us, there are many more to come. Having Dr. Yasmin on team has also been another
gift to us. She was able to help one of our long term members get the help he needed in order to get into a permanent
and stable situation. We are so grateful for her collaboration efforts as well.
On another note, having previously worked for City Net in 2018-2019, 1 greatly appreciate the adjustments they have
made to address this 24/7 365 day per year crisis in Orange County and beyond. Having a call center available every day
makes the help more accessible, helpful, and hopeful for those experiencing homelessness, and for those trying to help.
In conclusion, we are for City Net and specifically for the CCRT and grateful for their efforts in helping individuals and
families take their next step out of homelessness here in Anaheim and beyond.
Thank you,
Bryan Sothern
Compassion Outreach Assistant
www.dwellinEDIaceanaheim.com/compassion