Loading...
06/21/2022ANAHEIM CITY COUNCIL SPECIAL AND REGULAR MEETING OF JUNE 21, 2022 The special meeting of June 21, 2022 was called to order at 2:03 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 June 16, 2022. MEMBERS PRESENT: Mayor Pro Tem Trevor O'Neil and Council Members Jose Diaz, Gloria Sahagun Ma'ae, and Stephen Faessel. Council Members Jose F. Moreno and Avelino Valencia joined the meeting during Closed Session. [Mayoral vacancy] STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 2:04 P.M., Mayor Pro Tem O'Neil recessed to Closed Session for consideration of the following: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: David Jones v. City of Anaheim, et. Al., OCSC Case No. 30-2021 01178638 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (d)(2) of Section 54956.9 of the California Government Code): 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/councila,: endas.) 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (d)(2) of Section 54956.9 of the California Government Code): 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. nebcouncila :, endas.) 4. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organizations: (1) Anaheim Municipal Employees Association (General, Clerical, Part -Time Units), and (2) Anaheim Fire Association At 3:59 P.M., Mayor Pro Tem O'Neil reconvened the Special Meeting of the Anaheim City Council. City Council Minutes of June 21, 2022 Page 2 of 52 In response to Mayor Pro Tern O'Neil's inquiry, City Clerk Theresa Bass advised in the absence of City Attorney Robert Fabela, City Council could recess the Special Meeting until he could provide a report on Closed Session actions and call to order the Regular Meeting of the City Council. At 4:01 P.M., Mayor Pro Tern O'Neil recessed the Special Meeting of the Anaheim City Council and called to order the Regular Meeting of the Anaheim City Council. MEMBERS PRESENT: Mayor Pro Tern Trevor O'Neil and Council Members Jose Diaz, Gloria Sahagun Ma'ae, and Stephen Faessel. Council Members Jose F. Moreno and Avelino Valencia joined the meeting during Closed Session. [Mayoral vacancy] STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass PUBLIC COMMENTS ON WORKSHOP: None D106 WORKSHOP: Proposed Fiscal Year 2022/23 Budget (Public Utilities, Public Works, Planning & Building, Economic Development, Housing & Community Development, and Convention, Sports, & Entertainment) City Manager Jim Vanderpool reported this is the final workshop in a series to introduce the proposed Fiscal Year 2022/23 budget. He added tonight's workshop would review Public Utilities, Public Works, Planning & Building, Economic Development, Housing & Community Development, and Convention, Sports, & Entertainment. He added later in the meeting, Council would hold a Public Hearing to consider the adoption of the proposed FY22/23 budget. He reported the proposed budget totals almost $2 billion and highlighted many sections of the fiscally -prudent budget. Public Utilities Department Anaheim Public Utilities (APU) General Manager Dukku Lee reported APU's core duty is providing reliable water and electricity services to Anaheim's residents and businesses. He reported the APU budget of $639,100,000 is almost a third of the entire City budget but added only $2,100,000 of the budget comes from the General Fund. He added the operating budget is 72% of this total with power supplies accounting for more than half of the operating budget. Mr. Lee noted labor is only 11 % of the APU budget. He reported APU's staff has remained static for many years at 353 full-time positions and 39 part-time staffers but noted they intend to add one new full-time position for an apprentice water production technician to work with groundwater treatment maintenance. Mr. Lee reported APU is focusing its utility work on programs to reduce risks from problems like the increasingly year-round wildfire season. He noted APU's water conservation efforts are in response to the drought along with the organization's sustainability initiatives through clean energy. City Council Minutes of June 21, 2022 Page 3 of 52 Public Works Department Public Works Director Rudy Emami reported on the department's core services provided to the City and added the Public Works Department aggressively pursues grant opportunities to supplement the City funding it receives. He reported the department's proposed budget of $243,300,000 represents 12% of the City's budget but noted only $29,300,000 of the budget comes from the General Fund. He reported the operating budget sees 69% of its funds go towards operating expenses with 22% going towards labor. Mr. Emami reported Public Works has 240 full-time employees and 30.43 full-time equivalent part- time positions, including an increase of four full-time employees to handle the City's increasing development demand. He reported permit applications have tripled since 2013. He advised the department is working on an extensive arterial sidewalk repair program across the City, has benefitted the City through its recent traffic calming projects, and has benefitted residents through other projects including the renovation of the Pearson Park Amphitheatre. DISCUSSION: Council Member Faessel commended Mr. Emami's work across the City, particularly in District 5. In response to Council Member Faessel's inquiries, Mr. Emami confirmed permit parking requires 75% buy -in from households in a neighborhood. He reported an extensive review of the permit parking program was conducted a few years ago and staff found 75% to be the most appropriate number. He added neighborhoods not reaching the 75% threshold could reapply. In response to Council Member Valencia's inquiry, Mr. Emami reported staff looks at all available parking lots and works to connect the property owner with residents to see if there is a way for residents to use their parking lots overnight. He noted there have been challenges in the past when residents have not moved their cars before staff arrives for work in the morning. He noted the ultimate decision on commercial parking lot use for overnight residential parking falls to the property owner. Council Member Valencia encouraged Mr. Emami to continue to explore the options of commercial, school, church, and other parking lots being used by residents and encourage property owners to participate. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Emami confirmed the proposed budget allocates enough money for necessary deferred maintenance. Mr. Lee advised APU's capital budget is 23% larger this year due to the need for replacement projects. He added the APU, like everyone in the country, is facing issues pertaining to the supply chain and accelerated costs. In response to Mayor Pro Tem O'Neil's inquiries, Mr. Emami reported the City has a $10,000,000 backlog for sidewalk repairs. He noted there is a capacity issue in managing so much work spread all over the City. He added staff would be asking for the same $2,000,000 appropriations for the next five years to cover the backlog. He confirmed there is a challenge in the reporting process of finding out which streets need sidewalk attention but noted staff from other departments are aware to report faulty sidewalks when they see them. He noted many of the reports are about private property and not sidewalks overseen by the City. He confirmed the first installment of five years' worth of sidewalk repairs would go out to bid once the budget is approved. He agreed that the same request to report sidewalk issues could extend to contractors. He added residents could also directly report sidewalk flaws to the City. City Council Minutes of June 21, 2022 Page 4 of 52 Planning and Building Department Planning and Building Director Ted White reported the department has a proposed budget of $29,100,000, $26,000,000 of which comes from the General Fund, accounting for 6% of its total funds. He noted that 55% of the operating budget goes to labor, including 77 full-time and 29.9 part- time staff. He noted some of the larger projects being planned for the City include ocV!BE, Platinum Triangle work, Disneyland Forward, the Salvation Army's Center of Hope, the Center City Corridors Specific Plan, and the Rebuild Beach effort. He added the department is also working on the Housing Element for the City's Regional Housing Needs Allocation (RHNA). He reported on the department's new customer service methods and code enforcement efforts. DISCUSSION: In response to Mayor Pro Tern O'Neil's inquiries, Mr. White acknowledged there has been a lot of discussion about code enforcement along commercial corridors. He added the department has been reactive to community complaints leading to a neglect of commercial corridors needing love and care. He noted the City's Quality Rental Housing Program is a proactive way of ensuring multi -family dwellings were properly looked after by property owners. He added the program has a dedicated staff of two full-time employees and two part-time employees. He confirmed this could be a good model for a similar commercial corridor property program but cautioned it would be best performed by additional staff dedicated to the program. He confirmed one of the new part-time positions included in the proposed budget would focus on commercial corridor code enforcement. He added current staff can always be redirected to focus on these concerns if the Council so desires. He explained shifting from a reactive code enforcement model to a proactive code enforcement model for commercial corridors would cost about $350,000. He confirmed the appropriate time for the Council to provide this direction would be during the Public Hearing. Council Member Faessel advised that before the pandemic he and Mr. White had discussed improvements to State College Blvd. He expressed hopes these discussions could resume in conjunction with the Economic Development staff. Council Member Moreno reported a frequent concern he hears from residents is about unscrupulous landlords. In response to Council Member Moreno's inquiries, Mr. White reported staff responds to complaints about everything from broken faucets to exploitative practices. He advised staff partners with Fair Housing of Orange County for lease and exploitative issues to provide expertise for residents. He clarified the Quality Rental Housing Program is related to the physical environment of the apartment but noted the advocacy of civil contractual arrangements is not part of what the City looks at but rather partners with Fair Housing. He confirmed the City could assist with a rat -infested apartment complex because it is a poor living standard. He reported they are not looking to increase staffing levels in the budget for civil arrangements advocacy. Council Member Valencia echoed Council Member Faessel's comments about the State College corridor and noted the East Street corridor and all of the City's major corridors should be explored in this way. Economic Development Department Economic Development Director Sergio Ramirez presented the new department's first full -year budget. He advised the department's goals are to attract investment, generate revenue, and help make Anaheim a leading hub of business innovation, amongst many others. He added his department would work mainly in both property development and business development. City Council Minutes of June 21, 2022 Page 5 of 52 Mr. Ramirez reported the department's proposed budget is $35,000,000. He added a large portion of the budget comes from the State's Department of Finance and much of it is committed to the City's former Redevelopment Agency. He reported the department has seven full-time staffers and 2.5 part- time workers. He noted many accomplishments within the first partial year of the department's existence, including work in the Anaheim Canyon, Center City, 39 Commons, Anaheim Resort, and economic development and general business outreach. He added a key component of the FY22/23 proposed budget for the department would be developing a departmental blueprint. DISCUSSION: Council Member Faessel thanked Mr. Ramirez for his successful work with the City's entrepreneurs. In response to Council Member Moreno's inquiries, Mr. Ramirez clarified the small business grants were paid for by a combination of federal and Orange County funds. He added the average grant was between $5-10,000. He confirmed the funds did not come from the City. Housing and Community Development Department Housing and Community Development Director Grace Stepter reported on the department's work supporting housing and services for residents. She reported the department's projected FY22/23 budget is $184,000,000, accounting for 9% of the City's total expenditures. She noted that 83% of the budget covers operating expenses including $140,000,000 for housing and $35,800,000 for community grants. She clarified that $120,000,000 of the $140,000,000 in the housing category goes to fund the Housing Choice Voucher Program with the rest going to financing affordable housing. She reported the department has 72 full-time staff, including two new positions, and 13 part-time staff. She advised the department has secured $22,000,000 in new State grants for FY22/23 but they are not reflected in the budget, as the grant agreements have not yet been fully executed. DISCUSSION: Council Member Faessel encouraged Ms. Stepter to do community outreach with neighbors of the Tampico Motel conversion. In response to Council Member Diaz's inquiry, Ms. Stepter clarified her department has helped get 400 homeless individuals off the streets. She advised a "street exit" means someone has accepted shelter, has been reunited with a family member, found a roommate situation, or is no longer homeless for other reasons. Council Member Diaz commended these efforts and others performed by the City to combat homelessness. He noted that 400 individuals is a large number. In response to Council Member Moreno's inquiries, Ms. Stepter advised the department is entirely funded through State and federal grants with no General Fund money. She confirmed there is no General Fund allocation to her department, adding much of the funding comes through the federal Housing Choice Voucher Program Section 8 and California's Homeless Housing, Assistance and Prevention (HHAP) Program. In response to Council Member Moreno's inquiry, Ms. Stepter confirmed none of her departmental staff are paid through General Fund dollars. Council Member Moreno expressed hope that this lack of City funding could be addressed and called for the City to invest in this critical work. City Council Minutes of June 21, 2022 Page 6 of 52 In response to Council Member Valencia's inquiries, Ms. Stepter reported three Orange County cities have Housing Authorities including the cities of Garden Grove, Santa Ana, and Anaheim, along with Orange County itself. She explained community development departments exist in most cities but are hard to quantify due to how different cities are set up administratively. She reported Housing Authorities typically receive their funding through federal and state funds. She advised the City of Santa Ana has an Inclusionary Housing Fee providing resources to its Housing Authority. She confirmed the department lost $14,000,000 annually when the State's Redevelopment Department was eliminated. In response to Council Member Valencia's inquiry, Ms. Stepter clarified her department has been around for a long time but the recent change is Economic Development becoming a stand-alone department. She advised the change also consolidated all of the City's homeless services into her department. In response to Council Member Valencia's inquiry, Ms. Stepter confirmed the City does not incur any debt through its housing efforts because her department operates within the funding they receive from State and federal grants. Convention, Sports, and Entertainment Department Convention, Sports, and Entertainment Executive Director Tom Morton reported his department operates an Enterprise Fund to generate revenues to offset operational expenses for the Anaheim Convention Center, Angel Stadium, the Honda Center, the Anaheim Regional Transportation Intermodal Center (ARTIC), Visit Anaheim, and the City National Grove of Anaheim. He reported the department's proposed FY22/23 budget of $72,100,000 is 4% of the total City budget with the Convention Center's operations accounting for 68% of the operating budget. He reported the department includes 85 full-time staffers and 177.4 part-time staff. Mr. Morton reported on the return of events to the Anaheim Convention Center during the current fiscal year, and the ability to rent a portion of the parking lots to Tesla, Inc. for new vehicle preparation and delivery. He reported on the return of ticketed crowds to Los Angeles Angels and Anaheim Ducks games in FY21/22. DISCUSSION: In response to Mayor Pro Tern O'Neil's inquiry, Mr. Vanderpool confirmed Mr. Morton was the last presenter. He advised as part of the Public Hearing later in the meeting staff would address questions raised by Council Members during the first Budget Workshop. Mayor Pro Tern O'Neil closed the workshop. At 5:15 P.M., Mayor Pro Tern O'Neil recessed the Regular Meeting of the City Council and reconvened the Special Meeting of the City Council. REPORT ON CLOSED SESSION ACTIONS: City Attorney Robert Fabela announced that Council Member Valencia was not present for the consideration of Closed Session Item Nos. 01-03 and Council Member Ma'ae recused herself from the portion of Item No. 04 related to the Anaheim Municipal Employees Association. At 5:16 P.M., Mayor Pro Tern O'Neil adjourned the Special Meeting of the City Council and reconvened the Regular Meeting of the City Council. City Council Minutes of June 21, 2022 Page 7 of 52 INVOCATION: Reverend Docton Karen Stoyanoff, Unitarian Universalist Church in Anaheim FLAG SALUTE: Council Member Jose Diaz PRESENTATION: Recognizing United States Postal Service worker Esther Perez for providing lifesaving assistance to Anaheim resident, Terry Johnson Mayor Pro Tern O'Neil reported on May 4, 2022, United States Postal Service worker Esther Perez noticed resident Terry Johnson in distress while on her delivery route. He reported Ms. Perez performed life-saving medical work to Mr. Johnson who was unconscious and had stopped breathing. He recognized Ms. Perez for her life-saving work. Acceptance of Other Recognitions To be presented at a later date): Recognizing July 2022, as National Parks and Recreation Month Community Services Manager Anaheim Sporn accepted the proclamation and invited residents to explore the City's parks, facilities, classes, programs, amenities, and special events. Recognizing July 2022, as Muslim American Heritage Month ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass announced consideration of Item No. 14, a campaign and ethics reform ordinance, would include consideration of a revised ordinance that was distributed to Council and posted on the City's website, with changes to the recusal provisions from 12 months to 6 months in Sections 1.09.051.020 and 1.09.051.070. PUBLIC COMMENTS all agenda items, except public hearings): City Clerk Theresa Bass reported that a total of nine (9) 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 nine (9) public comments were received electronically, distributed to the City Council, and made part of the official record]. — See Appendix. Mayor Pro Tern O'Neil encouraged speakers to address the Council with civility and refrain from using profanity, adding that comments are better received when doing so. Mark Richard Daniels noted this is a point in history where Council Members could make a difference for future generations. He endorsed the review of former Mayor Harry Sidhu in Item No. 12. He recommended Item No. 14 be named for lobbyist Jeff Flint because Mr. Flint should never set foot in City Hall again. He agreed Council Members should be allowed to put items onto the agenda in Item No. 15 and suggested they start with a designation for Little Arabia. He noted that City Council just recognized July as Muslim American Heritage Month and advised the designation is a long -overdue goodwill gesture. He endorsed Council Member Moreno for Mayor in Item No. 16. He noted former Mayor Tom Tait or former Council Member Denise Barnes would also be good Mayoral selections. He advised the City would be remembered for the tarnish of former Mayor Sidhu and many other Council Members. Hari Shankar Lal advised Item No. 16 addresses a legal issue of the Mayoral vacancy and reported the City Charter is clear that the City Council has until July 24, 2022 to make an appointment. He City Council Minutes of June 21, 2022 Page 8 of 52 noted Mayor Pro Tern O'Neil is holding two roles at the moment and they need to determine by July 24 if he would continue as Mayor or as the District 6 Council representative. He cited three California Supreme Court cases ruling the City cannot delay later than July 24 to make an appointment. He advised that in Item No. 14 there is no clause in the Lobbying Act stating $250 is a limit prohibiting Council Members from voting and stated this is a good ordinance for adding the clause to the City. He encouraged City Council to think carefully rather than lean on baseless arguments. Mike Robbins, President of the People's Homeless Task Force, questioned how Council Members with no ethics could save the democratic process. He noted that Angels owner Arte Moreno spread out donations among his family and companies doing business with Angel Stadium, making them easier to hide. He stated that Save Our Anaheim Resort (SOAR) spent millions of dollars to ensure City Council was stacked with supportive members and not just former Mayor Sidhu. He denounced the Council Member majority for being minions to SOAR and its interests. He cautioned that the Federal Bureau of Investigation (FBI), California Attorney General, and Orange County Grand Jury are all hard at work looking into the Council Members. Jeanine Robbins advised none of her forthcoming comments apply to Council Member Moreno. She noted the Council Members have threatened the City's democracy through their illegal actions and continued efforts to dodge pressing issues. She mocked their indecisions at the last meeting due to the absence of Council Member Diaz because she believed the residents have had no representation for years. She recalled her mother would say people are judged by the company they keep and the Council Members have failed to learn and grasp this concept of hanging out with a criminal. She explained that returning the money only makes the Council Members look stupid and corrupt. She reported the Council Members came to hearings already knowing how they would vote from illegal backroom conversations along the lines of the wishes of former Anaheim Chamber of Commerce President Todd Ament and Mr. Flint. She advised the FBI knows former Mayor Sidhu could not do what he did without the votes of his colleagues. She recommended Council Member Moreno or former Mayor Tait should serve as Mayor and not a criminal like themselves to restore a sense of honesty to the City. R. Joshua Collins encouraged everyone to give their lives to Jesus Christ. He played a video from a homeless woman in La Palma Park who had been turned away from shelters because they were full. He called on Council Member Faessel to prove his assertion that the City currently has 75 open beds for the homeless. He reported the City only has the bedding capacity to handle 60% of its homeless population. He explained the homeless issue would only get worse as housing, food, and other costs continue to rise. He called for more General Fund expenditures toward the homeless. He expressed his support for Item No. 14. Ruth Moore, District 5 resident, encouraged recognizing Little Arabia. She recalled the 1990s when the Walt Disney Corporation also owned the Angels and Ducks and cross -promoted each other. She acknowledged that while this relationship greatly benefitted the Resort, it led to the decline of the City's neighborhoods. She advised it has led to the Council Members forgetting about the City's 400,000 residents. She noted SOAR does not need to save the Resort because it has millions of dollars to use for illegal bribes. She instead called for a movement to Save Our Anaheim People and clean up the City. She denounced the large political donations from Disney for betraying residents who loved the Disneyland of old. She noted Disneyland does not pay its workers fairly today. She called for a historical study of the City's corruption on a national level. She called on Council Member Moreno to encourage professors to have students write graduate school theses on the City's pay -for - play scheme and noted a book on the scheme would make a great Netflix documentary. City Council Minutes of June 21, 2022 Page 9 of 52 Wes Jones suggested Council Member Diaz for the Orange County Water Board appointment in Item No. 17 citing his experience. He explained Item No. 14 is modeled after the Levine Act which Council Member Faessel is familiar with from his past commission experiences. He noted it is not outrageous but rather normal and encouraged its approval. He lamented the objections to Council Member Moreno being appointed as Mayor in Item No. 16. He noted the Special Meeting held earlier may have violated the Brown Act because the City does not have a Mayor to call the Special Meeting. He noted former Council Member Barnes or former Mayor Tait would also be a fine Mayoral choice. He called on Mayor Pro Tern O'Neil to resign. Paul Kott announced his application for Mayor. He advised it has been painful to watch the deceptive manipulation of the City's government. He noted many were deeply hurt by the betrayal of trust of those in a position to do good things for Anaheim instead of enriching themselves with power and money. He advised they are an embarrassment to Orange County and called for a change. He explained he is the best choice to lead the City, noting his lifelong Anaheim residency, long-standing successful real estate business, and extensive ties to charitable efforts in the City. He explained that giving back to the community is a labor of love instilled in him by his parents. He noted he intends to leave the City better than how it stands today. He expressed a need for morale -building amongst City staffers to reinstate civic pride. He noted there is nothing in it for him for lack of a partisan political agenda and other future political aspirations. He reported he would donate his salary to different Anaheim charities. He advised his only interest is to guide City Hall away from the pay -to -play system. He stressed his expertise in a variety of subjects and noted he is business -friendly and even friendlier to taxpayers. He called for a new healing, unifying face of leadership for the City and thanked City Council for their consideration. Monica Barranco advised recent events in Anaheim make her feel like she is living in her Mexican hometown her family fled to come to the United States with politicians taking advantage of their power for self -gain. She expressed support for Item No. 14 to help the benefits end. She advised the money should go to the community and not those serving the community. She explained the actions of City Council are disenfranchising young voters in particular. She expressed support for Council Member Moreno for Mayor in Item No. 16, noting how strongly her community supports him. Maria Rios (translation: Spanish) requested Council Member Valencia support Item No. 14 to help prevent another scandal like the one the City just saw. Riad Koto expressed support for Item No. 14. He called on City Council to support a designation for Little Arabia, noting Anaheim is a city of immigrants. He suggested former Mayor Sidhu would not support it because he was looking for money under the table. He expressed support for Council Member Moreno for Mayor. Fred Sigala Jr. questioned the logic leading to City Council's inaction at the June 7, 2022 meeting about the Mayoral vacancy. He advised the FBI investigation has proven the City has been without a real leader for four years. He noted he is offended deeply as a concerned resident that City Council thinks six more months without a real leader is acceptable. He called for the City to have a Mayor immediately. He questioned Council Member Ma'ae's reasoning for not approving ethics reform at the June 7 meeting where she was more concerned about restricting developers than restricting candidates who are not sold out to the cabal. He decried the big -money interests overriding the concerns of residents and noted it took the FBI to stop the Angel Stadium swindle. He questioned why Council Member Ma'ae was concerned about burdening staff with enforcing ethics laws but was unconcerned with burdening staff with the fallout from the cabal circumventing the Brown Act. He reported she said there are already quid pro quo regulations but stated they did not prevent the current situation. He questioned why she is disinterested in taking preventative action against a City Council Minutes of June 21, 2022 Page 10 of 52 comparable future situation. He expressed admiration for how clever it was for Wincome Hospitality to donate old furniture to Council Member Ma'ae's campaign. He advised that Wincome also held a recent fundraiser for her and suggested the hotel should not be expecting anything in return for these actions. David Duran reported that much of what has happened in the City is not new, noting many former mayors and council members nationwide are imprisoned. He expressed disappointment at delays in his public records requests aimed at looking out for taxpayers through researching where the City's American Rescue Plan Act (ARPA) funds were distributed. He reported he is a Board member of the People's Homeless Task Force. He noted that instead of coming here to follow up on his request it would be far better if he could come to City Hall to say thank you for helping the community. He advised there has been almost no reason to thank City Council for years. Mark Loranger, President of Chrysalis, a workforce development organization, expressed support for Item No. 07 that would extend the non -profit's lease. He reported on the organization's success in finding jobs for Anaheim residents and thanked City Council for its support. Vern Nelson stressed the importance of Item No. 14, dubbing it the Cleanup Anaheim Act. He questioned if all of the Council Members were taking the FBI investigation seriously. He disagreed with Mayor Pro Tern O'Neil's comments at the June 7, 2022 meeting about the City having too much change lately by stating the City needs more change. He called for Council Member Faessel to cast a legacy vote on Item No. 14 and end the City's pay -for -play politics, noting how he voted against dispensaries despite their support from the Chamber of Commerce. He advised Council Member Diaz would be a fine representative to the Orange County Water District in Item No. 17. He noted the FBI investigation's revelations about Mr. Ament's and Mr. Flint's hesitation to bring Council Member Diaz into their ring reflects him having a conscience and ethics. He requested Council Member Diaz's vote to clean up Anaheim in Item No. 14. He challenged Council Member Ma'ae on her personal history with SOAR and advised as a new member of the City Council, she should keep the City Council from soiling her by voting for Item No. 14. He encouraged Council Member Valencia to do the right thing by voting for Item No. 14 before moving up to the State Assembly. He called for a designation of Little Arabia, having a Zoom option to access the City Council's meetings, and bringing back everything that used to make Anaheim the City of Kindness. Bob Donelson advised Item No. 12 needs to include a review of short-term rental owners who contributed greatly to the campaigns of former Mayor Sidhu and several other Council Members. He expressed support for Item No. 14, stating a need to clean up the dirty money issue, and also for Item No. 15. He reported most people, himself included, think Council Member Moreno should be appointed Mayor in Item No. 16 because he is the only one not tainted by the investigation. He advised the City has been an embarrassment and to allow the majority to maintain control of the Council would be a shame. He noted if they allow the matter to fall to the Mayor Pro Tern running the meetings by default, Political Action Committees (PAC) will promote him as being the Mayor when he is not. He believed all of the Council Members, other than Council Member Moreno, need to go. Victoria Michaels expressed support for Item No. 14 so Council Members could be held accountable for what they do. She requested appointing Mr. Kott as Mayor for being highly qualified. She read from a letter Mr. Kott sent to City Council announcing his interest in the vacancy where he touted himself as a consensus -builder looking to act in the City's best interests with no other political agendas and called for an end to the City's pay -for -play era. She explained she supports Mr. Kott because most of the Council Members have lost the respect of residents and Council Member Moreno would not be supported by his peers. City Council Minutes of June 21, 2022 Page 11 of 52 Carlos Sanchez requested Mr. Kott be named Mayor because he is a man of integrity and would clean up the City. Juana Reyes (translation: Spanish), District 5 resident, encouraged City Council to approve Item No. 14 so residents like herself know campaign funds are clean. She encouraged City Council to support Council Member Moreno. Alexis Teodoro echoed the other speakers in supporting Item Nos. 12 and 14-16. He advised democracy would not work in Anaheim unless Item No. 14 is passed. He spoke of teaching his children about equality and how Item No. 14 helps ensure the City exercises the nation's pillar of democracy. He called for Council Member Moreno to be appointed Mayor because he would always do the right thing due to his strong values beyond politics. Mazatl Tepehyolotzin endorsed Council Member Moreno for Mayor. He called for the removal of the Colonists nickname for Anaheim High School's athletic programs because it is offensive and harmful. He explained that removing these reminders of past oppression of minorities is a step towards healing. He spoke of the evil acts performed by Colonists when first arriving in America and countered the Anaheim Union High School District (AUHSD) narrative about the Germans who settled in the City being colonists by stating they were instead businessmen. He read words from Dr. Martin Luther King Jr. about how the colonists first built America by subjugating Native Americans. He called on City Council to create sensitivity for all cultures by ending the era of harmful mascots. Aida Garcia recalled the 2019 push for a rent stabilization ordinance including mobile home parks. She advised, in light of the FBI investigation, that the rejected request might have been compromised by shady deals. She called for a rent stabilization ordinance for mobile home parks to be re- agendized and have the ordinance go retroactively back to 2019 due to unethical behavior and illegal conduct. She explained residents expect the Council Members to comply with its Code of Ethics. Cecil Jordan Corken reported on gun laws for weapons used in school attacks and noted the Council Members need computers to do his level of research. He reported working with United States Congressman Lou Correa on gun laws and noted Council Member Valencia needs to pay attention. He advised he has been researching the history of gun control and President Joe Biden's opinions on the matter. Lizzette Barrios Gracian reported the City's working community is sinking and added Anaheim is no longer a city of opportunity where working families can buy a home. She reported her adult children have had to leave Anaheim so they could afford rent. She advised, as a teacher, she sees the negative effects of homelessness and overcrowded housing on children. She noted prices for basics are rising nationally and residents are fighting to stay afloat. She reported the City lacks job opportunities paying well enough to live comfortably in Anaheim while the Council rots in corruption serving the people who buy them. She implored the Council Members to support Council Member Moreno for Mayor along with supporting transparency by supporting the Cleanup Anaheim Act. She advised they must ensure the City's leaders have the residents as a priority. She noted only Council Member Moreno is not stained by the shame soiling the rest of City Council. Rudy Gaona reported he is the people's candidate for the District 2 Council seat. He expressed support for campaign reform and encouraged City Council to do the right thing by approving it after former Mayor Sidhu brought disgrace to the dais. He called for a designation for Little Arabia. He advised the City needs a Mayor with respect, dignity, and honor like Council Member Moreno. He decried the corruption evidenced when he attempted to be appointed to the Council after the resignation of former Council Member Jordan Brandman. He reported he decided to pull his papers City Council Minutes of June 21, 2022 Page 12 of 52 after seeing the corruption. He called on Council Member Ma'ae to resign and drop out of the campaign because no one wants a member of SOAR and Anaheim First. He reported Council Member Ma'ae fought against living wages and districting and advised she only cares about money and not the people. He explained if you follow the money you will find corruption and noted campaign reform would bring transparency to the City. He suggested Council Member Ma'ae resign because her seat was given to her by corruption. He challenged all candidates from all districts to publically say they support campaign reform. Rudy Padrol, Director of Fundraising for the Red Songbird Foundation, thanked the City as a non- resident for its good work around mental illness and substance abuse. He reported a group called Pro Recovery Power would be at Angel Stadium on June 25, 2022 to raise awareness about mental illness and substance abuse while celebrating Christmas in June with the Angels. He announced Pro Recovery Power is also looking into doing an event at Pearson Park in November. He requested more information on how to bring the event to fruition. He spoke of the good works the Red Songbird Foundation performs in Anaheim and the surrounding area. Mayor Pro Tern O'Neil requested a member of the Community Services staff speak with Mr. Padrol. Alika Gambill, Founder of Pro Recovery Power, reported he has been clean and sober for five years and has a fervor for helping drug addicts and alcoholics like himself. He advised God spared his life to help people in need. He noted Pro Recovery Power needs help getting off the ground and requested assistance from City Council. Marisol Gambill reported she is there in support of her husband Alika's advocacy for recovery. She advised she lost her father to addiction and she loves being able to see the hope on the other end that recovery is possible. She reported on her work to help recovered addicts become active members of society. She spoke of Mr. Gambill's passion to help addicts recover. Bryan Kaye recalled a story of former New York Yankees Manager Billy Martin telling his successor Lawrence Berra to blame anything wrong on him. He advised all of the Council Members who sided with former Mayor Sidhu could have said former Mayor Sidhu told them to do what they did but he noted they are not doing this. He explained the Council Members have an opportunity to acknowledge former Mayor Sidhu's ways were wrong and not continue them. He advised the Council Members still do the same things now. He credited Mayor Pro Tem O'Neil for apologizing to Council Member Moreno and for running a good meeting. He reported a negative experience with the Police Review Board. He spoke of how City Council is prohibiting freedom through oppression. Vance Dizney criticized the Disney Channel's statements about gun control and the caliber of the discussions by Council Members at the last meeting. He called for an adult theme park. He told the story of Puss in Boots. He encouraged discussion of good things about Anaheim instead of just complaints. Martiza Bermudez expressed support for Item No. 14 and encouraged the Council Members to start rebuilding residents' trust by approving it. She called for Council Member Moreno to be named Mayor because none of the other Council Members are fit to run the City after betraying the City's 400,000 residents. She explained only Council Member Moreno could run the City with transparency and trust and noted the other Council Members have stabbed their constituents in the back. She expressed gratitude for all Council Member Moreno has done for her community and for making it a place where she wants to raise her children. She advised the other Council Members should be ashamed of themselves and should vote for campaign finance reform if they have nothing to hide. She noted City Council Minutes of June 21, 2022 Page 13 of 52 either Mr. Kott, former Mayor Tait, or former Council Member Barnes would also be a good choice for Mayor because they would work for the community. Victoria Vidrio reported Council Member Moreno is the only honest person in Anaheim and the rest of the Council Members should go home. She expressed support for Item Nos. 14-15 so the people know where the Council Members' money comes from. She called for Council Member Moreno, Mr. Kott, or former Council Member Barnes to serve as Mayor because they are honest. She advised residents are watching the other Council Members closely and they are not wanted in Anaheim anymore. She advised she loves Anaheim so she is watching the corrupt people. Kenneth Batiste noted Council Member Moreno is the exception to everything he is about to say. He advised all the focus on former Mayor Sidhu should also note the resignation of former Council Member Brandman as a reflection of the dais' attitude. He explained former Mayor Sidhu was a symptom but not the disease. He expressed disbelief that the City is $2 billion in debt and has to use its buildings as collateral because of making so many bad deals. He noted the Angel Stadium deal was typical of a long -running string of bad deals. He called for immediate change and rent control. He explained the Council Members do not feel the pain residents are enduring because they do not care. He thanked the State for helping residents where the City did not during the pandemic. He recommended the Angels be investigated. He encouraged City Council to do better and make all contracts transparent. He questioned why residents need to submit Freedom of Information Act requests to find out how the City spends taxpayer dollars. COUNCIL COMMUNICATIONS: Council Member Moreno reported his office assisted with a community -coordinated Ready for Summer festival on Saturday, June 4 in the East Balsam neighborhood that was a great success with a large turnout. He reported the event featured food, raffles, games, and resources, and he thanked the East Balsam residents, the Community Services Department, Eli Home, OCCORD, Latino Health Access for their participation, and Rosiasela Roman Pescador for organizing the event. He encouraged all interested to attend a mental health resource fair hosted by the Orange County Heritage Council on Saturday, June 25, 12-6 pm, at the Swan Lot at La Palma Park. He encouraged any District 3 residents interested in holding a community meeting or coordinating efforts to contact his office, specifically Karen Romero Estrada and Rudy Acevedo, as they are happy to work with and for the residents of District 3. Council Member Diaz announced that Anaheim Community Hospital located on Ball Road between Knott Avenue and Beach Boulevard which had been closed for over 15 years, was recently renovated and would reopen. They would be hosting an open house to share information about the services they will provide for children aged six through seniors, with the date to be provided in the future. Council Member Ma'ae reported her attendance last weekend at the emergency essentials workshop held at North Net that focused on emergency and disaster preparedness, the See Something, Say Something program, and first aid. She commended resident and Fire Department volunteer Greg for providing the first aid instruction, encouraged residents to be aware of their surroundings and report issues, and to "Be Ready" by packing a go -bag filled with three days' worth of supplies per person. She noted that information about future classes could be found at www.anaheim.net. Council Member Faessel requested the meeting adjourn in memory of three Anaheimers: 1) Jeanette "Jenny" Van Delden, 97-year Anaheim resident and former volunteer for the Friends of the Anaheim Public Library; 2) Dr. Thomas "Tom" Coad, previous west Anaheim resident and antique car collector; and 3) Gary Field, Hilgenfeld Mortuary founding member. City Council Minutes of June 21, 2022 Page 14 of 52 Council Member Valencia reported his attendance at the District 4 community meeting on June 9 at Ball Junior High School and thanked residents for attending and City staff for hosting the meeting and providing wonderful presentations. He also reported his participation in the Flag Day Parade and looked forward to continued support and participation. He thanked the City Hall team for hosting a meeting in the Guinida neighborhood to discuss parking and looked forward to working collaboratively to improve that challenge. CITY MANAGER'S UPDATE: None CONSENT CALENDAR: At 7:11 P.M., the Consent Calendar was considered with Council Member Moreno pulling Item Nos. 02 and 03 and Council Member Diaz pulling Item No. 10 for separate discussion and consideration. MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar, in accordance with reports, certifications, and recommendations furnished each City Council Member and as listed on the consent calendar, seconded by Council Member Ma'ae. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. D116 1. Approve proclamation recognizing John Guastaferro for his service to the City of Anaheim as Executive Director of the Anaheim Community Foundation D180 4. Waive the sealed bidding requirement of Council Policy 4.0 and ratify the extension of a master agreement with Turbo Data Systems, Inc. through June 30, 2022 for citation processing services and further authorize an additional extension through December 31, 2022, in the estimated amount of $400,000 based on expenses incurred over the last 18 months. 5. Waive Council Policy 4.1 and approve the First Amendment to Agreement with Universal AGR- Protection Service, LP dba Allied Universal Security Services, increasing the contract amount 9025.1 by $210,000 for a total amount not to exceed $962,553 per year and extending the term of the agreement for an additional six months for professional security guard services at the Civic Center; and authorize the Director of Public Works, or designee, to take the necessary actions to implement and administer the amended agreement. AGR-13592 6. Approve Contract Change Order No. 1, in the amount of $121,729.92 for a total work order amount of $606,577.92, with All American Asphalt for the State College Boulevard Improvements Project from Ball Road to 650 feet north of Romneya Drive under the Master Agreement for Street Construction and Immediate Response Program, and authorize the Director of Public Works to execute the Contract Change Order and related documents. AGR-13593 7. Approve an Amended and Restated Memorandum of Understanding and License Agreement, in substantial form, with Chrysalis, in the amount of $1.00 annually, to provide office and program space at 290 S. Anaheim Boulevard for the Chrysalis Employment Program for an initial two year renewal term (through June 30, 2024) with one additional one year extension; provide funding for up to $50,000 for building repairs and improvements; and authorize the Economic Development Director to execute and implement the agreement. City Council Minutes of June 21, 2022 Page 15 of 52 AGR- 8• Approve the First Amendment to Agreement with JMh-Anaheim Foundation Inc. dba Love 12740.1 Anaheim, in an annual amount not to exceed $500,000, for the Better Way Anaheim Project to coordinate resources, bridge organizations, provide homeless participants with service projects, and a skills development program; and authorize the City Manager, or designee, to execute and administer the amended agreement. 9. Approve three Professional Services Agreements for on -call consulting services to support the AGR-13594 Planning Services Division of the Planning and Building Department, each in an amount not to AGR-13595 exceed $600,000, each for an initial term of three years with two optional one-year extensions AGR-13596 each in an amount not to exceed $100,000; and authorize the Planning and Building Director, or designee, to administer the agreements (Civic Solutions, Inc., CSG Consultants, Inc., and Interwest Consulting Group, Inc.). D114 11. Approve minutes of the City Council meeting of March 1, 2022 and March 15, 2022. END OF CONSENT CALENDAR: B105 2. Receive and file the Budget, Investment, and Technology Commission's recommendation letter dated June 15, 2022 regarding the Fiscal Year 2022/23 proposed budget. Director of Finance Debbie Moreno reported the item is the Budget, Investment and Technology Commission's recommendation letter regarding the FY22/23 proposed budget. She advised the Commission has met many times and the letter is its recommendations for the proposed budget. DISCUSSION: In response to Council Member Moreno's inquiry, Ms. Moreno reported Committee Chair John Noteboom was not at the City Council meeting. In response to Council Member Moreno's inquiries, Ms. Moreno reported the Commission formed a subcommittee to draft the letter, which was finalized by the entire Commission at its last meeting. She reported the Commission voted on the letter and stated that it was her understanding that the vote was unanimous. Council Member Moreno expressed appreciation for the Commission's work but advised it was challenging to understand how the percentages allocated per department were decided, noting a particularly large proposed increase for the Anaheim Police Department. He lamented that no Commission members were present to elaborate on the methodology behind the amounts recommended for various areas. Ms. Moreno confirmed that the Commission's approval of the letter was unanimous. MOTION: Council Member Ma'ae moved to receive and file the Budget, Investment, and Technology Commission's recommendation letter dated June 15, 2022 regarding the Fiscal Year 2022/23 proposed budget, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. City Council Minutes of June 21, 2022 Page 16 of 52 D159 3. Direct the Planning and Building Director to resubmit the revised draft 2021-2029 Housing Element to the California State Department of Housing and Community Development for review for compliance with State law; and determine this action is not subject to the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines. Planning and Building Director Ted White reported staff is requesting City Council's permission to submit the revised Housing Element for review by the California Department of Housing and Community Development (HCD). He advised staff anticipates at least one additional round of HCD review, which is why the staff is not recommending adoption tonight. Mr. White explained the Housing Element is a state -mandated General Plan element covering the eight years from 2021-29. He advised the Housing Element evaluates the City's housing needs and the City's supply of housing to accommodate the needs. He reviewed the process the sixth -cycle Housing Element has taken to date, beginning in January 2021. He reported that HCD sent the City comments on December 14, 2021, and staff and consultants from Kimley-Horn and Associates, Inc. revised the Housing Element to address HCD's comments about the Pipeline Projects List, Candidate Site List, and Housing Policy Programs. He noted staff also removed the Angel Stadium property from the projected supply. He advised other candidate sites were also removed but reported the City still has excess capacity to accommodate its Regional Housing Needs Allocation (RHNA) numbers in all income categories. Mr. White advised the revisions address HCD's comments, comply with state law, and provide an eight -year window to fulfill the City's RHNA numbers. Mr. White recommended authorizing a resubmittal of the Housing Update to HCD for a 60-day review. He advised that once reviewed by HCD, it would be reviewed by the City's Housing Element Update Committee and have public hearings before the Planning Commission and City Council before ultimately being adopted. DISCUSSION: In response to Council Member Moreno's inquiry, Mr. White confirmed that HCD considered issues of segregation, concentrations of poverty and affluence, and displacement risks as sites are developed and gentrified. He reported staff created many maps to illustrate the various issues. He spoke of the complexity of assessing the data behind completing a Housing Element and turned the remainder of the response over to Lead Consultant and Kinley-Horn Planner Dave Barquist. Mr. Barquist reported a new component for the sixth cycle is complying with new State laws for Affirmatively Furthering Fair Housing (AFFH). He clarified that AFFH is the affordable housing version of the California Environmental Quality Act (CEQA), intended to further fair housing by analyzing the potential for issues like segregation. He noted the issues are specific to every jurisdiction depending on local needs, preferences, and availability of resources. He reported that HCD has provided analysis tools to assess areas of a city where Racially or Ethnically Concentrated Areas of Poverty (R/ECAP) and Racially Concentrated Areas of Affluence (RCAA) may be concerning. Mr. Barquist reported Anaheim has no RECAP issues based on concentrations of the non - Caucasian population and income levels. He advised the City still has to assess factors potentially leading to RECAP issues. He reported the Housing Element has 100 pages of maps to paint the City's AFFH picture. City Council Minutes of June 21, 2022 Page 17 of 52 In response to Council Member Moreno's inquiry, Mr. Barquist clarified the difference between areas of high segregation and areas of higher segregation and advised the City is addressing HCD's concerns about higher segregation. Council Member Moreno reported there are Anaheim schools that are almost entirely Latino due to housing boundaries set into school zones reflecting concentrations of poverty. In response to Council Member Moreno's inquiry, Mr. Barquist noted there are references to educational access and other contributing factors. He advised all of the potential factors from the State have been analyzed. In response to Council Member Moreno's inquiry, Mr. White clarified the City is not making a statement but rather reflecting the very technical data from the Census with projections. He stated the maps reflect but do not editorialize. He advised the lived experience in some Anaheim neighborhoods is valid but clarified the maps are reflected in one specific way of measuring segregation and poverty. He explained the definitions can mean different things to different people and could be measured in hundreds of different ways. In response to Council Member Moreno's inquiries, Mr. Barquist displayed an urban displacement map to illustrate the risk of gentrification. He noted there is one census block at risk of advanced certification and others trending towards this eventuality. Mr. White advised the area of advanced certification is south of Interstate 5, north of Ball Road, and east of Euclid Street. He reported there is an industrial mix in this area so the numbers may be skewed due to having a lower population. In response to Council Member Moreno's inquiries, Mr. Barquist explained displaced residents would go where they could afford to go and acknowledged it could be out of the City. He confirmed overcrowding housing is another option for the displaced and is a more common occurrence. He noted the City has about a dozen policies potentially contributing to gentrification. He advised the Housing Element must aim to spread out low-income housing for this reason. He noted there are provisions about areas with access to economic opportunity in a given area. He reported there are about two dozen neighborhoods identified for needing a higher level of acquisition or rehabilitation of substandard rental properties and monetary assistance for blighted neighborhoods. He advised all of this is subjective and could change. Council Member Moreno questioned if the reason for the gentrification spot on the map is the new townhomes at the intersection of Euclid Street and Lincoln Avenue and the new market -rate units at the corner of Lincoln Avenue and either Lorara Street or Manchester Avenue. Mr. White clarified that those complexes do not factor into the maps because they have not yet been constructed. In response to Council Member Moreno's inquiry, Mr. White confirmed those future developments are in the same area but he did not respond to whether or not the developments mean the issue would worsen. Council Member Moreno requested to amend the Housing Element to include a provision stating that the City would conduct a feasibility study on the efficacy of inclusionary housing programs and/or policies that may help to accelerate affordable housing production in Anaheim. He clarified he was not requesting an inclusionary housing policy but merely to study a potential inclusionary housing policy, noting other County cities with one. He listed many benefits of an inclusionary housing policy, including capitalizing on the popularity of new development to help subsidize the affordable units and City Council Minutes of June 21, 2022 Page 18 of 52 how well these policies promote economic and racial integration. He advised studies show poverty levels decline in areas with inclusionary housing. He noted the housing market has not helped the City create its needed affordable housing. He clarified he was looking for only a feasibility study and not an actual policy. MOTION: Council Member Moreno moved to amend the Housing Element to include a provision that the City would conduct a feasibility study on the efficacy of inclusionary housing programs and/or policies that may help to accelerate affordable housing production in Anaheim. DISCUSSION: In response to Mayor Pro Tern O'Neil's inquiry, Council Member Moreno confirmed his motion is to approve the staff's recommendation and add the amendment. In response to Mayor Pro Tem O'Neil's inquiry, Mr. Fabela confirmed the item is sufficiently agendized to allow for City Council amendments. Council Member Moreno reiterated he is only asking for a study and not a policy. MOTION: Council Member Moreno moved to amend the Housing Element to include a provision that the City would conduct a feasibility study on the efficacy of inclusionary housing programs and/or policies that may help to accelerate affordable housing production in Anaheim. The motion failed for lack of a second. In response to Mayor Pro Tern O'Neil's inquiry, Mr. White confirmed the Draft Housing Element does include the ongoing study to identify and analyze a potential affordable housing development fee. He advised the fee would apply to sites requiring a General Plan amendment and reclassification. MOTION: Council Member Ma'ae moved to direct the Planning and Building Director to resubmit the revised draft 2021-2029 Housing Element to the California State Department of Housing and Community Development for review for compliance with State law; and determine this action is not subject to the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, seconded by Council Member Diaz. DISCUSSION: Council Member Moreno questioned the need for an affordable housing fee study when a fee would be built into his proposed inclusionary housing program. Council Member Moreno explained inclusionary housing policies have been used successfully in over 900 jurisdictions nationwide. He reported he was unaware of jurisdictions only using a fee -based approach. He advised a well-done inclusionary housing policy would allow the developer options as opposed to having a fee imposed upon them. He noted the fee would have to be sizeable to make a dent in the City's affordable housing needs, stating the City of Huntington Beach's fee is $50,000 per unit. He called for a feasibility study to see if an inclusionary housing policy that makes sense in 900 other jurisdictions would make sense for Anaheim, giving developers more options. He advised the proposed fee would only increase the City's segregation because it would push areas of affordable housing away from areas of market -rate housing and denounced the values this reflects. Council Member Diaz reported many cities with inclusionary housing policies, like the City of Huntington Beach, are looking to stop growth. He explained with inclusionary housing policies the number of housing units built declines as would-be developers go to another city. He advised the City needs houses built at all income levels and if they pick and choose those levels the City would end up with nothing. City Council Minutes of June 21, 2022 Page 19 of 52 MOTION: Council Member Ma'ae moved to direct the Planning and Building Director to resubmit the revised draft 2021-2029 Housing Element to the California State Department of Housing and Community Development for review for compliance with State law; and determine this action is not subject to the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 5 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Valencia, and Faessel); NOES — 0; ABSTAIN — 1 (Council Member Moreno). Motion carried. AGR- 10. Approve two Third Amendments to the Amended and Restated Agreements with the Savanna 1989.1.3 School District for Lease of Real Property at Twila Reid Elementary School (720 S. Western AGR- Ave.) and Lease of Real Property at Hansen Elementary School (1300 S. Knott Ave.) for 10594.3 public park purposes for an initial one year term commencing on July 1, 2022 with four additional one-year renewal options; authorize the Director of Community Services, or designee, to execute the amendments and related documents, and to take the necessary actions to implement and administer the amended agreements; and authorize only those modifications to the amendments as may be necessary and as approved by the City Attorney's Office. Community Services Director Sjany Larson -Cash reported the item is a request to approve the Third Amendment to the Savanna School District's (SSD) lease for Twila Reid Elementary School and Hansen Elementary School for park purposes. She advised the agreements between the City and SSD date to 1964 for Twila Reid Elementary School and 1967 for Hansen Elementary School. She reported the parks serve as recreational space with the City responsible for maintenance, utilities, and security. DISCUSSION: Council Member Diaz reported he pulled this item because District 1 has a lack of park space. He commended staff for its creativity in maintaining what his District does have. He called for staff to remain creative in the search for park space increases. MOTION: Council Member Diaz moved to approve two Third Amendments to the Amended and Restated Agreements with the Savanna School District for Lease of Real Property at Twila Reid Elementary School (720 S. Western Ave.) and Lease of Real Property at Hansen Elementary School (1300 S. Knott Ave.) for public park purposes for an initial one year term commencing on July 1, 2022 with four additional one-year renewal options; authorize the Director of Community Services, or designee, to execute the amendments and related documents, and to take the necessary actions to implement and administer the amended agreements; and authorize only those modifications to the amendments as may be necessary and as approved by the City Attorney's Office, seconded by Council Member Ma'ae. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. D116 12. Discuss and provide direction to staff on an independent review regarding former Mayor Harry Sidhu's and the City Council's campaign contributions and potentially related contractors and agreements along with an evaluation of staff's involvement, if any, including the possibility of selecting Orrick to commence an investigation/audit or else directing a request for proposal to solicit bids from other firms. City Manager Jim Vanderpool reported at the June 7, 2022 meeting staff was directed to return with a draft Request for Proposal (RFP) for a financial audit and investigation due to recent allegations. He advised staff sought a firm with experience conducting public corruption investigations. He reported Orrick Herrington & Sutcliffe LLP has served as a bond counsel to the City in the past but also has a separate arm conducting public corruption and white-collar crime investigations. City Council Minutes of June 21, 2022 Page 20 of 52 Mr. Vanderpool acknowledged it was the direction of City Council to ensure the investigator was neutral and free of City relationships. He advised the draft RFP has a possible scope and expectations of potential proposers. He explained staff also recommend hiring a neutral party to administer the process. Orrick Partner Lily Becker reported she has compiled thoughts on a framework for the investigation after watching City Council's June 7 discussion. She reported that City Council discussed a forensic audit to glean more information than merely a list of campaign donors to find a nexus of illegality or immorality with the contracts awarded to those donors. Ms. Becker advised that an investigation of this nature begins with a forensic accountant who works with legal counsel to develop their approach. She explained the first step in the process is for City Council to decide what the scope of the investigation would be and what questions the review should answer. She advised that City Council needs to determine who would be the point of contact for discussions. She reported, in a business situation, the point of contact is usually a committee of the Board of Directors. She noted that City Council is looking for an additional body independent from City staff. Mr. Vanderpool explained the first question staff has for City Council to answer is whether or not City Council should select the independent counsel to conduct the investigation and oversee the audit. He advised if the answer is yes, should the City contract with Orrick or issue an RFP? He explained the second question staff has for City Council is who would be the investigator's independent point of contact, suggesting either a mediation or arbitration firm, a former City Manager from another municipality, or a trusted former City employee. He advised that City Council would also need to designate a current City employee to facilitate records distribution and collect other information. DISCUSSION: Council Member Diaz expressed interest in moving forward with the investigation, noting if you have nothing to hide, you have nothing to fear and should want an investigation like this to move forward. He advised the RFP process could add months to the timeline and he would like to see the investigation happen swiftly. He endorsed using Orrick for the sake of expediting the process. He recommended the point of contact for the investigator should be separate from the City's staff. Council Member Faessel echoed Council Member Diaz's comments about getting the investigation rolling as quickly as possible. He advised he would be comfortable with Orrick provided the investigative arm is completely separate from portions of the company the City has previously worked with. He noted he would be most comfortable with a retired appellate judge as opposed to the independent administrator, unlikely to support a former City Manager, and would find it hard to support a former City employee. He recommended the point of contact for facilitation would have to be an employee of the City Clerk's office since they have to maintain City records and an outside party would be challenged to search the City offices for documents. He expressed hopes the City Clerk's office designee would be forthcoming and truthful. Mayor Pro Tern O'Neil agreed with Council Members Diaz and Faessel. He advised it is a serious situation and the City must explore all potential conflicts quickly, noting the upcoming election in November. He noted a retired jurist, meditation firm, or arbitration firm would be appropriate. He stated Orange County mediations are often handled by Judicial Arbitration and Mediation Services (JAMS). He agreed the City Clerk's office is the logical place to house the investigation's records facilitator and recommended the City Attorney be a secondary option for records access. He agreed the RFP process could extend the investigation too long and he would support Orrick in the interest of time. City Council Minutes of June 21, 2022 Page 21 of 52 In response to Mayor Pro Tem O'Neil's inquiries, Ms. Becker explained any financial records requests of private third parties would be purely voluntary unless there is a contractual obligation. She explained that in most instances the third party would have a right to decline information but it would be presented along with the findings and added a lack of cooperation is often notable. She reported it was too soon to say what kinds of information would be requested until they dig deeper into the scope of the investigation, but advised typically they would ask for interviews and information on how the money was spent. Mayor Pro Tem O'Neil suggested for the scope a prioritization of items more suspect than others. He cited the Mills Act property owners listed in the June 7 staff report as examples of non -suspect contracts along with staff -driven, low -bid contract approvals. He advised prioritizing the contracts would be beneficial not only in the interest of time but also for cost purposes. In response to Mayor Pro Tem O'Neil's inquiries, Ms. Becker explained there has to be a thought process about what is reasonable to look into. She advised they would likely look at contributions and contracts in terms of categories and prioritize ones to take a closer look at. She noted the chronology of events could also be an indicator of which ones to prioritize. She agreed looking at everyone would not be a good use of the City's resources. She explained it was difficult to come up with a budget for the investigation until the initial research is performed. She confirmed the staff report's estimate of $250,000-$500,000 is based on what this sort of investigation would generally cost but added it was a very rough estimate because the scope is still unclear. Mayor Pro Tem O'Neil expressed support for the item but noted it was hard to move forward not knowing the full scope and costs. In response to Mayor Pro Tem O'Neil's inquiry, Mr. Vanderpool advised the staff report includes a draft scope for the investigation. He explained the scope of the investigation includes staff in addition to Council Members and former Mayor Sidhu. He advised the draft scope was included to help facilitate the start of the project. He explained budget estimates were the best staff could come up with. He noted either JAMS or Judicate West would be expensive if picked to serve as a mediator, but $250,000 to $500,000 is a realistic budget for the entire process. In response to Council Member Valencia's inquiry, Ms. Becker confirmed Orrick's cost estimate is based upon the scope of investigation proposed in the staff report along with past forensic accounting experiences. She advised a broader investigation would take longer and cost more than a more focused investigation. Ms. Becker explained there is a division within Orrick between the investigations group and the bond staff that the City has worked with in the past. She advised she could historically check with colleagues for insight into the City's structure but would be willing not to do so if City Council so desires. In response to Council Member Valencia's inquiry, Ms. Becker clarified the investigation would go beyond a correlation between donors and contracts but rather look into processes to find something unusual including malfeasance and questionable acts. She agreed that simply a list of correlations between campaign contributors and contracts is not enough as the investigation would need to find impropriety in addition to correlation. Council Member Valencia recommended the scope include the tenures of all Council Members and not be limited to the period since 2018. City Council Minutes of June 21, 2022 Page 22 of 52 Ms. Becker added to her previous answer by stating the investigators could separate contracts they are looking into for potential impropriety from ones like Mills Act contracts. In response to Council Member Valencia's inquiry, Ms. Becker confirmed it would come to light if there was advocacy performed by a Council Member for a project on behalf of a campaign contributor even if the project was not approved. She advised it is not only things coming to City Council, reporting she has seen undue pressure applied to City staff members in her experience. In response to Council Member Ma'ae's inquiry, Ms. Becker advised it would be feasible to regularly report back to City Council if certain cost thresholds were met. She explained that having predefined checkpoints would be helpful as opposed to an unexpected need to report on progress, which could raise the specter of the possibility that City Council does not wish the investigation to dig further. In response to Council Member Moreno's inquiries, Mr. Vanderpool confirmed he does regular agenda briefings with Council Members Ma'ae, Faessel, Diaz, and Mayor Pro Tern O'Neil. He confirmed other Council Members have already been briefed on this item. In response to Council Member Moreno's inquiries, Ms. Becker confirmed it is usually standard for a Council to have a right to audit its contracts for proper monetary usage but she added she has not seen Anaheim's contracts. She advised whether or not they have the right depends on the contract itself. City Attorney Robert Fabela confirmed most City contracts involving specified uses for funds include audit rights. In response to Council Member Moreno's inquiries, Ms. Becker clarified determining what is most appropriate for further review is based upon her experience and the experience of the forensic accountant in finding indicators of potential fraud. She advised the determination would also happen through discussions with the neutral administrator. She reported the neutral administrator could report back to City Council if needed. She noted other cities have faced this type of situation so there may be an individual who has navigated this type of independent investigation elsewhere and would be a good option like JAMS. Council Member Moreno stated that it was troubling that Mr. Vanderpool would make a recommendation on hiring the firm he consulted with on the scope of work when the directive was to bring forward a scope of work. He explained it felt odd to be interviewing a firm when the directive was to bring an RFP. He noted the fact they are discussing with Orrick when they could be competing for the contract is part of the problem. He clarified he does not have a problem with the firm itself. Ms. Becker spoke about the process by stating the language for the scope came from the City Council's June 7 discussion. She advised their language at the meeting was the basis for the draft scope. Council Member Moreno advised the coverage of the FBI affidavits shows the public is weary of the Council, perhaps except himself. He noted the frequent derisive public comments about his peers and Council Member Ma'ae's appointment process' appearance of cabal tainting. He reported the FBI affidavits state Mr. Vanderpool was part of the cabal's meetings. He noted the City Attorney was a part of structuring the Angel Stadium deal and then defended it while the FBI said what the City stated in court was not necessarily true. He acknowledged this may be a separate arm of Orrick but it is still a firm the City already contracts with. City Council Minutes of June 21, 2022 Page 23 of 52 In response to Council Member Moreno's inquiry, Ms. Becker confirmed the funds for this investigation would go to the same firm. She advised the firm's relationship with the City goes back about 20 years. Council Member Moreno reported that City Council and the public have not been briefed on Orrick's background. He noted Orrick's website indicates the firm does many impressive things but added the website also noted they defend white-collar criminals. He advised his peers may be rolling their eyes because they do not understand the profound nature of what is happening and what has happened in the City. He explained the cost of the investigation is irrelevant because you cannot put a price on trust. He advised it is not a matter of cost but rather what is the best process that City Council could put into place to allow residents to trust City Council's actions. Council Member Moreno noted City Clerk Theresa Bass is the only staffer at the dais whose name is not in the investigation but expressed concerns that the public would trust that Ms. Bass collected all of the documentation for the investigators because she reports to City Council. He explained the City is caught in a web. He recalled a controversy around his 2016 election spurned on by wrongful accusations against the former City Clerk and cautioned against involving another City office in the current scandal. In response to Council Member Moreno's inquiries, Ms. Becker clarified warning signs she has been discussing tonight are general indicators one would ask as an investigator. She clarified her earlier phrase about timing could mean if a first-time contractor is involved with the City and campaign donations were made shortly before the contract award. She advised the element of timing could relate to if there is an uptick in the amounts a certain contractor receives at a certain point in time. Council Member Moreno advised timing could also refer to no -bid contracts. He advised his interest is not in Mills Act contracts and commission appointments but rather in determining if a financial interest was exploited in Anaheim because of its politics. He explained he is interested in if a firm wrongfully got a contract, if a firm got preferential treatment in land zoning, if a developer had to contract with a certain lobbyist to gain the Council's favor, and if campaign contributions were being made while someone's project was in the approval process. He advised his interest is in the financial fleecing of the City and the use of political favors to ensure campaign donors have their project approved. He lamented people appointing friends to commission seats as being standard political practice and cautioned he wants the investigation less to focus on appointments like those and hone in on the financial malfeasance. He explained the financial component is the real stealing from the City. Council Member Moreno endorsed going as far back as the audit could, noting some of the people involved in the current situation are long-standing contributors who have continued to eat at the City's trough. He reported he is the only one on the dais who either did not get a lot of money from the cabal or was appointed as a function of the cabal. He advised he also wants to know if the Brown Act was violated in this process. He explained people should know if their Council Members and senior City staff collaborated in serial communications violating the law. In response to Council Member Moreno's inquiry, Mr. Fabela clarified that if the results of the investigation reveal a voidable contract it could be followed up with legal action. He could not confirm if there was a four-year statute of limitations on the contracts. Senior Administrative Analyst Lylyana Bogdanovich clarified the process and reported staff reached out to Orrick after the June 7 meeting because staff does not have experience in federal corruption investigations. She advised staff and Ms. Becker recognized bringing Orrick to the meeting provides some discomfort with the potential for a conflict, but explained the City went to them for their expertise City Council Minutes of June 21, 2022 Page 24 of 52 because it is an experience that staff does not possess and they had to report back to Council in two weeks. She clarified that what happens moving forward is at City Council's discretion and staff is merely seeking direction. Council Member Moreno clarified he was looking for an answer to his inquiry from the City Manager but expressed appreciation to Ms. Bogdanovich for her clarification. He advised it was unfortunate if Orrick is the best firm to do this, because Council is now in a position of discussing hiring them, which was not the directive. He explained this action could be indicative of the problem of being asked to potentially hire a firm without being provided background on the firm. He noted that if potentially hiring Orrick was part of the staff's proposal for this high -profile item, it would have been helpful for staff to provide background on the firm. Ms. Becker offered to provide background on Orrick. Council Member Moreno advised he is stuck and this is the problem the City is facing. He noted integrity is very important. He advised there may be a good intent here but it gets clouded by an FBI investigation. He explained he is attempting to view this discussion through the perspective of a resident in the audience watching how a City Council with a cloud over its heads is going to investigate itself. He noted staff members are directly implicated in the investigation. Council Member Diaz expressed disappointment that Council Member Moreno accused Ms. Bass and Mr. Fabela. He explained that from knowing Ms. Bass what Council Member Moreno said was disappointing and astonishing. He advised never once was anyone on staff accused of doing anything immoral, unethical, or illegal and noted he is very upset by this. He advised the public could choose not to believe him but he found it all talk with no substance behind it. Council Member Diaz expressed concern about costs because he does not want to give anybody an open check. He advised former President George W. Bush doubled the defense budget but questioned if it was done because The Boeing Company and defense contractors gave his campaign money or if the money was given because he had already committed to increasing the defense budget. He explained it is all speculation and not fact. He advised he wants facts and not speculation from this investigation. Council Member Diaz called for the investigation to go back until at least 2016 to account for every Council Member's campaigns. Council Member Valencia advised his recollection of the direction given to staff on June 7 was for this meeting to finalize the scope of the investigation and then issue an RFP. He acknowledged Orrick is a reputable firm but, like Council Member Moreno, he is also unsure why they attended tonight. In response to Council Member Valencia's inquiry, Mr. Vanderpool noted there was much confusion on the dais on June 7 with City Council's differing opinions trickling down to staff. He advised staff did the best they could to be fully transparent and added Ms. Bogdanovich spoke well on his behalf earlier. He advised there is a significant time sensitivity with this matter and noted it was unfair to accuse staff of not being fully transparent. Council Member Valencia clarified he never accused staff of not being transparent but is rather wondering how the City concluded to recommend Orrick. Mr. Vanderpool clarified staff intended to be responsive to City Council's direction and to also provide options. He advised he disclosed the relationship at the beginning of the discussion and noted it is an City Council Minutes of June 21, 2022 Page 25 of 52 awkward situation. He explained it is an impossible task to provide options while being sensitive to time. He advised staff indicated a complete, fair, and transparent process. He noted staff responded to the RFP direction at the June 7 meeting and provided options. He explained that he is not an expert because this level of investigation is not something the City does every day. He advised Orrick was brought in at his direction to provide City Council with some relevant context from an expert because this is not something the City's staff normally does. Council Member Valencia noted they are in unprecedented times. He advised Orrick's presence is not preventing staff from moving in the RFP direction and noted he would be happy to see Orrick be part of the RFP process. He expressed appreciation to Mr. Vanderpool for organizing this item swiftly but advised he would feel more comfortable putting City Council's thoughts into an RFP. He advised they may even get better recommendations. Council Member Moreno advised it is wonderful to have an expert discuss the investigation with City Council, but clarified his issue is the expert is also being asked to be contracted. He commended Orrick's presentation and noted the problem is Orrick is on the agenda to be approved by staff recommendation. He explained this is problematic considering the reason why they need an investigation. Council Member Moreno clarified for Council Member Diaz he did not impugn the City Clerk's office but rather suggested the process as outlined pulls the office into the process and this is his cause for worry. He explained he has no worries about the integrity of the office and advised the work is impeccable. He commended how it is the only office directly overseen by City Council not named in the investigation. He clarified his concern is if the investigation clears the Council Members and others, it will be noted by the public how documents came from the City Clerk's office and were handled by an employee of the Council being investigated. He advised his comments were not to impugn the office's integrity but rather to protect it from the situation. In response to Mayor Pro Tern O'Neil's inquiries, Mr. Vanderpool explained the first step in an RFP timeline would be to bring back the scope of the investigation to City Council unless they want to approve it tonight. He reported an RFP has to be issued for 30 days and after 30 days the RFP has to return to City Council for selection. In response to Mayor Pro Tern O'Neil's inquiry, Ms. Becker advised, that if selected, Orrick could start on elements of the work immediately once the scope is finalized, even while the neutral administrator is pending. She estimated a proper investigation would take at least 90 days to return with initial findings. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Vanderpool clarified the entire RFP process would take close to 60 days. Mayor Pro Tern O'Neil stated, combining the length of the RFP process and Ms. Becker's estimates, it would take a minimum of five months to have initial findings meaning the City would not have them before the November election. Mr. Vanderpool explained this is why staff tried to be sensitive to time. Mayor Pro Tem O'Neil agreed timing is of the essence. He reported he has no concerns about Orrick nor does he share concerns about Orrick being selected by staff. City Council Minutes of June 21, 2022 Page 26 of 52 Council Member Diaz advised it is an impossible task, noting that in an RFP process instead of a bidding contract they also have to take time to interview companies. In response to Council Member Diaz's inquiry, Mr. Fabela clarified this would be a unique RFP with very specific timelines. He echoed Ms. Becker's statement about if there was a mandated short timeline, they would not be able to do a complete investigation. He advised if the City did the RFP with an expedited timeline, they likely would still get a good selection of potential firms but he noted he could not guarantee it. He advised his expectation is that the nature of this investigation would generate significant interest but added staff may not have as much time to vet each company with an expedited timeline. Council Member Diaz explained with an RFP it is not only about the money but there also have to be considerations for experience, staffing, references, and other matters. He advised there would always be cause even then for Council Member Moreno to object over whomever they pick because of the cloud over the City Council. He explained someone has to select the investigator, be it by staff or by City Council. He advised that if everyone were possibly involved in the corruption, the madness would never end. He declared he has nothing to fear because he has done everything legally. He encouraged performing the investigation as fast as they could as it is in his best interest. In response to Council Member Ma'ae's inquiry, Ms. Becker advised she did not know what year the City's relationship with Orrick for bond matters began but stated it was at least 10 years and estimated it was about 20. Council Member Ma'ae noted to imply Orrick is questionable because the staff has brought the firm forward is wrong. She advised there is a lot of speculation and accusations about an FBI investigation which is still ongoing. She noted she is tired of the insinuations that so many people are involved. She believed it was ridiculous to continue the narrative and references to the cabal. She explained it was an attack on the people who were still trying to do the work. She reported she was appointed to her position based on 20 years of community service. She accused Council Member Moreno of misunderstanding the situation in implying her appointment was pre -ordained and stated she was sick of this narrative. She explained she is there to do what is best for her District and the City. She advised that she would no longer accept her character being bashed based upon speculation, innuendos, and misinformation. Ms. Moreno reported the City has worked with Orrick for decades on bond issues. She advised the City is not currently working with Orrick on any projects. She explained it was only because of this long-standing relationship that Orrick informed staff they have this separate investigative arm. She advised Orrick facilitated a lot of information for City Council in a very short time frame. Council Member Faessel advised his takeaway from the June 7 meeting is thoroughness is most important but time is of the essence. He expressed appreciation that Mr. Vanderpool gave Council an option on a possible qualified vendor. He noted Mr. Vanderpool is not telling the Council what to do. He stated, that however they handle the investigator, he is in favor of a neutral administrator such as a former jurist and supports having the City Clerk's office being the staff liaison. He advised Council Member Moreno was right to worry about the potential for unjustified negative attention brought to the City Clerk's office. He advised would support either the Orrick or RFP route but stressed that City Council needs to decide quickly. Council Member Faessel agreed that Council Member Moreno's concerns about Orrick due to its past contracts with the City is a valid point, but noted thoroughness is more important than timing in this instance. He advised if the goal were to get this all done quicker, then he would support Orrick and City Council Minutes of June 21, 2022 Page 27 of 52 noted the City already has a draft of the scope of work. He noted several Council Members have suggested additions to the scope of work during the meeting and pondered if it would require even more Council discussion. He advised the ball needs to get rolling and the longer they wait the longer it will take for the community to see results. He clarified he could go either way with the Orrick or the RFP routes so long as the City is moving ahead with something. Mayor Pro Tern O'Neil agreed with Council Member Faessel, stating under normal circumstances he would insist on an RFP, but there was not much time to get results back before the election. He advised one point of this investigation is to ensure they are all potentially cleared before the election. Council Member Moreno expressed appreciation for Council Member Faessel's comments about him and advised he considers himself critical in the best sense of America because Americans are skeptical of government. He explained this is why he can be very careful when asking questions. Council Member Moreno advised Council Member Ma'ae can call it accusation and speculation but he has heard for three years about how all he does is accuse and speculate and yet the City is now under FBI investigation. He quoted William Shakespeare's Hamlet in stating that sometimes something smells rotten in the State of Denmark. He explained he remains vigilant so both he and the people can trust the decisions made by City Council. Council Member Moreno advised it is challenging to decide how to self -investigate and remains mindful that there is still an ongoing FBI investigation. He questioned how Council Member Ma'ae can question if anything bad ever really happened when she called for former Mayor Sidhu to resign over the scandal. He explained they are all in this mess because of former Mayor Sidhu and the investigation. He noted it is in the minutes from a years' worth of City Council meetings how he and former Council Member Barnes often stated City Council actions seemed inappropriate. Council Member Moreno explained his problem with Orrick is the agenda did not include a study of qualifications and background. He advised he does not doubt Orrick's business with the City was done in a non -nefarious manner. He recommended, based on Council Member Faessel's suggestions, that they should return on July 12 with a finalized scope of work and some RFPs with the first RFP presumably coming from Orrick. He advised if his peers and staff trust in Orrick's work then he would side with them at the next meeting but added to decide on Orrick tonight would be inappropriate because the public did not get a chance to review what they are discussing. Council Member Moreno lamented he could not trust his peers and some staff, noting how everyone expressed shock over former Mayor Sidhu's actions when they all trusted him. He offered to meet with Council Member Ma'ae offline to discuss their personal opinions. Council Member Moreno called for approval of the scope of work, issuance of an RFP, and a July 12 discussion of candidates. He quoted the former University of California at Los Angeles men's basketball coach John Wooden in stating they should rush but not hurry and make sure they do the investigation right. Mr. Vanderpool requested the Council Members independently provide feedback to staff between now and July 12 for when staff is crafting the agenda. Council Member Diaz advised he wants the investigation to get done on time. MOTION: Council Member Diaz moved to select Orrick to commence an investigation/audit utilizing the draft scope of work, hire a retired judge as neutral party, set a maximum budget of $500,000, and City Council Minutes of June 21, 2022 Page 28 of 52 direct staff to return to Council if additional funding is needed, second by Council Member Ma'ae. Motion subsequently withdrawn. DISCUSSION: In response to Mayor Pro Tem O'Neil's inquiries, Council Member Diaz advised the scope of work in the staff report is deep and sufficient. He explained such an important investigation should not be restrained by its budget but there also cannot be an open check issued. He called for a maximum expenditure of $500,000. He noted staff cold return to City Council to request more money if needed. Mayor Pro Tem O'Neil expressed concerns that if the vote was not unanimous there would always be a cloud hanging over the process and the final product may not be trusted. He expressed support for the motion. He expressed concerns about the budget but added he understands it, echoing Council Member Moreno's inquiry about what is the price of the truth. Council Member Faessel noted he and Council Member Moreno do not always agree but they do tonight. He agreed if there is not a consensus there would always be a cloud over the investigation. He advised a delay to July 12 is unfortunate but if it brings credibility to City Council's intention to do the right thing then it is worth it. He acknowledged he has not discussed costs but he would accept whatever it costs because having the truth is worth it. He advised he would have liked to decide tonight but cannot. He echoed Mayor Pro Tem O'Neil's assertion for the need for unanimity. He expressed hopes that by July 12 the six of them would be able to make a unanimous decision because he does not want to see the process stretch any longer than July 12. In response to Council Member Valencia's inquiry, Council Member Diaz confirmed the suggested edit to extend the investigation back to 2016 for two -term Council Members is included in his motion. Council Member Valencia agreed this item would be best approved with unanimity. He advised they could impose a tight timeline at the next meeting. He noted he could not support the motion right now because of the need for unanimity. Council Member Diaz explained it is an impossible task because it would always be a subjective matter. He advised whatever comes back from the RFP would be subjective to City Council. He noted if City Council wants to go this way he would as well. Mayor Pro Tem O'Neil suggested taking a vote on the motion and, if not unanimous, entertaining another motion to move in a different direction. Mr. Fabela explained another option would be for the motion -making Council Member to withdraw the motion. Council Member Diaz withdrew his motion. MOTION: Council Member Ma'ae moved to approve the draft scope of work, amended to go back to 2016, and issue an RFP, seconded by Council Member Diaz. DISCUSSION: In response to Mayor Pro Tem O'Neil's inquiry, Council Member Ma'ae added to her motion to include the suggested criteria in the RFPs. In response to Mayor Pro Tem O'Neil's inquiry, Mr. Vanderpool clarified his earlier request to have Council Members come to him individually with ideas for the scope was under the pretense of not approving it until July 12. Mr. Fabela expressed concern about the prospect of individual input delivered in this manner given the scrutiny the City is presently under. He explained it makes him nervous for Brown Act purposes. City Council Minutes of June 21, 2022 Page 29 of 52 Mayor Pro Tern O'Neil advised this process would also drag the scope and RFP out another meeting before any action could be taken. In response to Council Member Moreno's inquiry, Mr. Fabela explained his understanding of the motion is to move forward with an RFP based on the scope of work presented by staff with a modification to go back to 2016. Mr. Vanderpool advised he also heard during earlier discussions a call for an investigation of Brown Act implications and nullifying any City Council actions where impropriety was discovered. Mr. Fabela confirmed that was not part of the motion and would need to be added. Council Member Faessel explained everything they collectively discussed tonight needs to be incorporated into the motion so there was no chance of coming back in the future saying they forgot a piece. Council Member Valencia clarified his recommendation is to investigate all campaign contributions regardless of the specific year. In response to Mayor Pro Tern O'Neil's inquiries, Council Member Valencia clarified he would be happy to add former Mayor Sidhu's tenure on the Council from 2004-08 to the scope if it so pleased the Council. He explained there was a value in leaving no stone unturned. He advised if Council desires to add campaign contributions for current Council Members while running for other offices to the scope then it was acceptable to him. In response to Mayor Pro Tern O'Neil's inquiry, Council Member Ma'ae accepted a friendly amendment to add to the scope an investigation of campaign donations to all Council Members and former Mayor Sidhu for the entirety of their political careers in Anaheim. Council Member Diaz reaffirmed his second. Council Member Moreno explains this additional scope may make the investigation unwieldy. He advised the focus should be on campaign contributions leading to a financial interest being realized in Anaheim. He explained the investigation should look at if someone got a contract because of quid pro quo or some form of bribery. Mayor Pro Tern O'Neil agreed but advised there was a possibility of a contributor to former Mayor Sidhu's County or State level campaigns who is a City contractor. Council Member Moreno agreed Mayor Pro Tem O'Neil's clarification falls along the lines of his thinking. He advised a goal of the investigation is to clear them all from the FBI's allegations of a cabal controlled by Mr. Ament and Mr. Flint. He noted they also need to look into the Brown Act elements of the FBI's affidavit and see if this is true. In response to Mr. Fabela's inquiry, Council Member Moreno confirmed he is calling for an investigation into possible serial communications tied to financial interests. He reported the FBI is stating Mr. Ament and Mr. Flint told people they control the Council so people should contact them if they want to get something done in the City, making the serial communications element an important piece. Council Member Moreno requested a friendly amendment to have the investigation include an exploration of possible serial communications resulting in City Council votes being cast at the behest of the self-proclaimed cabal. City Council Minutes of June 21, 2022 Page 30 of 52 In response to Mayor Pro Tern O'Neil's inquiry, Council Member Moreno agreed to more specific language than cabal but expressed uncertainty over the correct term for the scope. In response to Council member Moreno's inquiry, Mr. Fabela advised they are intending to look for instances where a serial meeting occurred violating the Brown Act within the context of the federal complaint. In response to Mayor Pro Tern O'Neil's inquiry, Council Member Moreno advised he likes the suggestion of using the context of the contributions more than the context of the complaint because it makes the scope more encompassing. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Fabela explained the wording for a friendly amendment would be to investigate whether through allegations made in the complaint there were serial meetings that would have violated the Brown Act. Council Member Moreno agreed with Mr. Fabela's wording for his friendly amendment. Council Member Ma'ae accepted the friendly amendment. Council Member Diaz confirmed his second. MOTION: Council Member Ma'ae moved to direct staff to issue a Request for Proposal including the draft scope of work as presented, amended to include a review of all campaign contributions for all candidate/office-holder accounts for sitting Council Members and former Mayor Harry Sidhu throughout their political career in Anaheim, and other political offices, as it relates to a financial interest with the City; and investigating any serial communications/meetings in violation of the Brown Act that included financial interests and influence on voting in the context of the recent federal complaint, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. D129 13. Receive a presentation on the 2022 Independence Day Operational Plan (informational item). Anaheim Fire & Rescue (AF&R) Chief Pat Russell reported calls for service increase nationally with fireworks use leading up to Independence Day. He provided a brief overview of the annual calls for service on July 4th and the costs associated with answering the calls. He noted the injury counts are lower than what should be expected for the City's population. Fire Chief Russell reported that AF&R's 2022 Operational Plan goals include education, communication, proactive prevention, and confiscation and citations. He advised this would work in collaboration with the Anaheim Police Department (APD). He added that AF&R and the APD would both augment their staffing in anticipation of increased calls for service. Fire Chief Russell discussed the AF&R's education and communications efforts, noting residents are informed of the fine schedule and areas where it is not appropriate to use safe and sane fireworks, including the entire area of the City east of the Costa Mesa Freeway (State Route 55) and south of the Riverside Freeway (State Route 91). He reported on the locations of the City's 16 permitted fireworks sales booths approved to sell fireworks from June 28 through July 4. He reported on the augmented AF&R and APD staffing beginning on July 1 to help with proactive prevention, confiscation, citation, and responding to pre -Independence Day emergency calls. He advised several hundred pounds of illegal fireworks have already been confiscated. City Council Minutes of June 21, 2022 Page 31 of 52 DISCUSSION: Council Member Valencia reported he requested this item because District 4 residents have been communicating their concerns and calling for the City to do everything it can to enforce the use of safe and sane fireworks and reduce the use of illegal fireworks. He noted it is a challenge due to the expanse of the problem but requested AF&R and the APD do all they can to help combat the problem. In response to Council Member Moreno's inquiry, Fire Chief Russell explained a City ban on fireworks would make a difference but it would be impossible to estimate the extent of the difference. He advised the existence of safe and sane fireworks also creates a class of illegal fireworks and they are problematic to cities nationwide regardless of whether those cities also have legal fireworks. He reported that although fireworks are only legal in Anaheim on July 4, residents might not know which fireworks are legal in California as opposed to being legal only in other states. He noted there would always be a fireworks problem. Police Chief Jorge Cisneros reported he has seen illegal fireworks be an issue in communities where he has worked regardless of whether or not the community permits fireworks. He explained it is a cultural issue and would continue to exist even if Anaheim made fireworks illegal on Independence Day. He noted the APD and AF&R could never rectify the issue on their own because fireworks are a cultural issue. Council Member Faessel reported fireworks are already going off in his neighborhood. He requested the City Manager consolidate all incident reports since 2016 to analyze the sales totals for the City's high schools and non -profits. He advised fireworks are only legal in Anaheim for the benefit of those organizations, noting Katella High School annually makes tens of thousands of dollars from sales. He also requested from the City Manager data on the City's calls for service and cost of service in addition to the financial benefit to non -profits since 2016. He explained when the enforcement costs far outweigh the financial benefits it would create another opportunity to change the City's fireworks ordinance. He added to Police Chief Cisneros' comments by noting the City of Cypress has a fireworks fog over it on Independence Day and it has never allowed fireworks. Police Chief Cisneros clarified that on July 4 that the APD does not respond to safe and sane fireworks calls because they are legal. He reported he could provide data for the rest of the year when safe and sane fireworks are also illegal but the reports would not specify if the fireworks were safe and sane because even those are illegal outside of July 4. Council Member Faessel acknowledged safe and sane fireworks are only legal one day a year and clarified whatever information staff could compile should be consistent between years. He advised he would also be accepting of information only for early summer. Discussion item — no action taken. M142 14. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding new sections, deleting sections and amending various sections of Chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to campaign and ethics reform (establish recusal rules for elected members of the City Council when they received campaign contributions from parties who have matters before the Council and place time limits and/or disclosure requirements on campaign fundraising and debt retirement) (continued from the City Council meeting of June 7, 2022, Item No. 13. City Council Minutes of June 21, 2022 Page 32 of 52 City Attorney Robert Fabela reported the ordinance was presented on June 7 to establish recusal rules for Council Members when they receive campaign donations from parties before the City Council and also contained time limits and disclosure requirements relative to campaign funding and debt retirement. He added what is being presented tonight is the same ordinance with a few small differences. Mr. Fabela reported one difference from June 7 is the blackout period for the time after a Council decision has been reduced from 12 months to six (6) months at the suggestion of Council Member Faessel. He noted the blackout period is three (3) months longer than the Levine Act, which the ordinance was based upon. He advised, at the suggestion of Council Member Valencia, there is a disclosure requirement for any contribution to a coordinated or controlled committee over $250. He advised the information would be reported on a form to be created by the City Clerk similar to the State's Form 497. DISCUSSION: Council Member Moreno reported they have heard from many people in support of this item to help clean up the City's election process and reinstate trust. He explained it is designed to help ensure that those who make campaign contributions would not benefit by having their financial interests voted on by the candidate they have supported through a recusal period. He noted Ms. Becker stated earlier that the element of timing is a correlation often looked for in investigations. He advised fundraising has become a year-round sport for many politicians, not only former Mayor Sidhu, and this would help limit fundraising to election years to help reassure the public. He explained the six (6) months on loans candidates repay to their campaigns would help assure they are not raising funds elsewhere. He advised, that in addition to the recusal period, it prohibits Council Members from influencing their peers. He asked for his peers' support on this important measure to eliminate the undue influence of money in City Council decision -making and create as much trust as possible from the public in City Council's decisions. Council Member Moreno commended the collaborative efforts of Council Members Faessel and Valencia to strengthen the ordinance through amendments proposed at the June 7 meeting. MOTION: Council Member Moreno moved to approve the ordinance as presented, seconded by Council Member Valencia. DISCUSSION: Council Member Faessel expressed his fruitful offline conversations with Council Member Moreno to reduce the blackout period from 12 months to six (6) months. He reported they also discussed Council Member Valencia's amendment to disclose all donations above $250 within 24 hours. He questioned whether or not 24 hours was a reasonable window. He advised he looks at this ordinance as a revised Levine Act and determined he could have run his 2016 and 2020 campaigns within the ordinance's confines but added processing so many donations so quickly would be a logistical challenge. He cautioned the 24-hour window is challenging and leaves too many opportunities for inadvertent reporting mistakes. He advised that 48 or 72 hours might be more logistically feasible for candidates. Council Member Valencia noted there is already a reporting regulation of 24 hours for contributions of over$1,000. Council Member Faessel noted there are many more contributions between $250 and $1,000. Council Member Valencia advised that if they could change the 24 hours without postponing the ordinance any longer, he would be happy to do so. City Council Minutes of June 21, 2022 Page 33 of 52 In response to Council Member Valencia's inquiry, City Clerk Theresa Bass clarified per Fair Political Practices Commission (FPPC) regulations within 90 days of an election all contributions over $1,000 are required to be reported within 24 hours. She explained it is a violation to not make the report within 24 hours. In response to Council Member Valencia's inquiry, Mr. Fabela stated this is a simple change and could be made tonight while maintaining the ability to vote on the ordinance so long as the change is read into the record to meet the requirements of a first reading. Council Member Valencia advised he is open to making this change so long as the intent of timely reporting remains. In response to Council Member Valencia's inquiry, Council Member Moreno accepted a friendly amendment to expand the window to 72 hours. He noted he agreed with the concept behind Council Member Valencia's suggestion at the June 7 meeting and also Council Member Faessel's comments about 24 hours being too onerous. He agreed that 48 hours may be too onerous as well but 72 hours still meets the goal of transparency. Council Member Valencia reaffirmed his second. Council Member Valencia clarified, for residents' benefit, that campaign contributions and their filings are already posted on the City's website and noted this ordinance would expedite the reporting. He acknowledged the ordinance is imperfect but noted if the ordinance had been in place during the early stages of former Mayor Sidhu's tenure, the Angel Stadium sale would not have manifested the way it did. He advised it was important to implement policies like this one to help prevent illicit actions. He thanked Council Member Moreno for accepting his amendment and expressed support for the item. Mayor Pro Tem O'Neil advised the discussion on June 7 was robust and he has nothing new to add. He explained this is not about campaign finance and recusals as much as it is about transparency. He believed this ordinance was not the best way to handle transparency. He called instead for tweaking reporting requirements for the City's lobbyist registry and contractors who bring an item after making campaign contributions. He advised it is up to City Council to judge the Council Members based on their votes and perception of whether the money may have gone towards influence. He cited a Citizens Take Action study where Anaheim was awarded a B-minus for potential corruptibility and advised this ordinance would not have pushed the City up to an A rating. Mayor Pro Tem O'Neil reported independent expenditures remain problematic because candidates cannot control who gives money to unpoliceable PACs or how the money is spent. He advised he did not support the motion and noted he would like to discuss increasing transparency through a separate agenda item later. Council Member Diaz expressed support for transparency. He reported they just approved the RFP for an investigation and once the results come back they could discuss reforms based on what went wrong. He reported he bought a house just off of Beach Boulevard 20 years ago and Beach Boulevard has gotten progressively worse despite promises from the City to improve it. He recalled that only rich people from Anaheim Hills were elected to City Council during this time, which is why he supported districting that allowed for his election. He advised that he still needs to fundraise to be able to spread his message throughout District 1. He explained that this ordinance would prohibit people like himself from running. He advised campaign money would still be coming but it would come from different places outside of the City's interests. He explained that an independent does not have the tremendous financing made available by either the Republican Party or Democratic Party. City Council Minutes of June 21, 2022 Page 34 of 52 He advised this ordinance would bring in money from outside the City with people who have a political interest in Anaheim but not a physical interest in making Anaheim better. Council Member Diaz advised he did not support the motion today but might in the future depending on the results of the federal and City investigations. Council Member Faessel advised Council Diaz's recent campaign could fall well within the limitations being presented. He explained the City is not changing contribution limits and not preventing candidates from accepting contributions from unions or anyone else. He advised there are limitations on how they may be able to vote and new reporting requirements. He theorized that Council Member Diaz's 2020 campaign would have still been successful under these regulations and they would not prevent anyone in the future from also doing so. He advised that he disagreed with Council Member Diaz and expressed concerns that he was putting non-existent things into the item. Council Member Faessel advised that he appreciated Mayor Pro Tern O'Neil's perspective on transparency but disagreed that he could not run a successful campaign within the ordinance's confines. He advised he could have run a successful campaign under these rules in both 2016 and 2020. He noted some of them already live under the Levine Act through their Commission and Board appointments. He expressed appreciation for Council Member Moreno accepting his six-month limit amendment to bring this law closer to the Levine Act's three-month limit. He restated his disagreement with Council Member Diaz and expressed his support for the ordinance. Council Member Moreno noted the ordinance would not prevent Council Member Diaz from raising $3,000,000 to run for City Council. He advised the ordinance establishes recusal rules for elected members of the Council when they receive campaign contributions from parties who have matters before the Council. He noted the investigation may show more than what has already been disclosed by the FBI. Mr. Fabela clarified the recusal provisions include a recusal provision for donations received within 12 months of a vote and prohibited from seeking a contribution from the party for the following six (6) months. Council Member Moreno clarified the ordinance attempts to reestablish the public trust that their Council Members are not voting for an item only because it benefits a campaign contributor. He reported that many donors do so because they feel pressured to donate. He added the goal of the ordinance is to mitigate these pressures. He noted he refused large campaign donation offers from people with a large vested interest in the City but he was still able to defeat his much better -funded opponents in both 2016 and 2020. He noted Council Member Diaz has often stated no one can buy his vote but, in light of what has occurred, there is an erosion of trust about all of their decisions. He advised the ordinance would help protect the Council Members from those perceptions. He explained the goal is to have contributors donate because they think you would be good for the City Council and not because you can advance their financial interests. In response to Council Member Diaz's inquiry, Mr. Fabela clarifies the Levine Act does not have a provision allowing for a private right of action. He advised this ordinance would allow for a member of the public to sue City Council if they felt a vote was taken as a result of a Levine Act violation. He explained this language mirrors what the Brown Act allows for rights of action and the legal process if a violation is perceived. Council Member Diaz explained he has no control of independent expenditures to PACs. City Council Minutes of June 21, 2022 Page 35 of 52 In response to Council Member Diaz's inquiry, Mr. Fabela clarified it would not be his decision to recuse but rather the City Council's. He reported that on June 7 he discussed the unusual nature of the independent expenditure component because the Levine Act does not cover it. He advised the person would have an opportunity to return a direct donation to their self -managed campaigns or PACs. He noted the inability to return an independent expenditure would have to be addressed, especially if it impacted too many Council Members to hold a meaningful vote. In response to Council Member Diaz's inquiry, Council Member Faessel restated he could live within this ordinance if he had to run his campaign again. Council Member Moreno clarified, like with the Brown Act, the Council Members do not get sued individually but rather the City Council's collective action. He expressed hope that a future City Council in the position with a vote cast against this ordinance would be responsible and rehear the item rather than subject itself to a lawsuit. He advised the ordinance adds responsibility to disclosures. He explained the ordinance does not limit money but rather ensures the money donated is not an assurance a Council Member will vote for their project. He advised Council Members could always return any direct donations so they could vote on the project after a 30-day waiting period. Mr. Fabela clarified the motion is to approve the ordinance in its first introduction as presented for this meeting including the post -June 7 revisions with the additional revision of changing 24 to 72 hours. MOTION: Council Member Moreno moved to introduce the ordinance, as amended, to include changes to the recusal provisions from 12 months to 6 months in Sections 1.09.051.020 and 1.09.051.070 as distributed to the Council and posted online as well as a revision to the reporting requirements in Section 1.09.050.070 from 24 hours to 72 hours, seconded by Council Member Valencia. ROLL CALL VOTE: AYES — 3 (Council Members Moreno, Valencia, and Faessel); NOES — 3 (Mayor Pro Tern O'Neil and Council Members Diaz and Ma'ae). Motion failed. D114 15. RESOLUTION NO. 2022-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Policy 1.6 of the City Council Policy Manual relating to the manner in which members of the City Council may place matters on the agenda of a regular City Council meeting and rescinding Resolution No. 2019-131. MOTION: Mayor Pro Tern O'Neil moved to approve RESOULTION NO. 2022-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Policy 1.6 of the City Council Policy Manual relating to the manner in which members of the City Council may place matters on the agenda of a regular City Council meeting and rescinding Resolution No. 2019-131, seconded by Council Member Faessel. DISCUSSION: In response to Council Member Moreno's inquiry, Mayor Pro Tern O'Neil explained his impetus to change the policy is in the interest of debate and discourse. He advised it is good governance for those elected to serve to have the ability to agendize items they view important to those they represent. He requested Council Member Moreno be mindful of the amount of time staff would invest in preparing an item for City Council's consideration. Council Member Diaz reported before Policy 1.6's creation in 2012 everything coming to City Council came from staff. He explained it was amended in 2013 to remove the Mayor's ability to agendize outside of public meetings with this power being restored in 2016. He reported it was amended again in 2017 to allow for more Council Member agenda -setting ability and every meeting went past midnight with a majority of items not being approved. He advised it is a standard parliamentary City Council Minutes of June 21, 2022 Page 36 of 52 process worldwide to have some backing when an item is first proposed to help save time. He called for requiring at least one second before an item could be agendized. SUBSIDIARY MOTION: Council Member Diaz moved to amend the motion on the floor to require a Council agenda request to need a second, seconded by Council Member Ma'ae. DISCUSSION: In response to Council Member Faessel's inquiry, City Clerk Theresa Bass advised the subsidiary motion is to amend the resolution to state any agendizing request would require a second. City Attorney Robert Fabela explained that if City Council wishes to make this change he would want to add the previous language about how it should be an informal show of support with no discussion on the topic. Council Member Diaz agreed to incorporate Mr. Fabela's recommendation. Council Member Ma'ae confirmed her second. Council Member Moreno advised he did not support the amendment, noting they are elected to represent a district and those residents have a right to have issues pertinent to them be heard. He explained that City Council could still vote down proposals. He advised Council Members have a duty to agendize responsibly. He noted City Council has met until long after midnight using the current rules too. He noted 2017 was the first year of district elections and the first year with seven (7) Council Members leading to the slew of agendized items and frequent long meetings. He noted the rule changes made in response by former Mayor Sidhu blocked many items from District 1 from being heard. He explained the reason Council Member Diaz's neighborhood did not improve was that former Council Member Barnes could not get things agendized when former Mayor Sidhu used the rules against District 1. He noted every district should have the ability to agendize its issues. Council Member Moreno expressed hope that Council Members could speak individually outside of meetings to find common ground. He advised he has offered this to others but it has not been reciprocated. He questioned why District 3 issues should go unheard only because other Council Members do not like him personally, they do not wish to touch the issue, or because special interests do not want the issue to be heard. He advised he could not support the motion because the imposition of a second goes against a democratic process and disenfranchises residents. In response to Council Member Valencia's inquiry, Mr. Fabela clarified the motion would require a second. He clarified his recommendation is to include the previous language to prevent substantive discussions about the subject matter at that time due to the Brown Act. Council Member Valencia expressed he is conflicted because votes impact issues citywide. He explained getting at least one other Council Member to state the proposed item is important makes it more relevant citywide. Council Member Ma'ae explained having a second is important and is a tool to encourage the Council Members to speak to each other about concerns and collaborate. She advised a single -district issue could affect the entire City so the other Council Members should be able to get behind it. She explained they should be reaching out to each other to build consensus. She advised it would help ensure anything that City Council puts forward for consideration is a good investment of staff's time to prepare the item for Council discussion. City Council Minutes of June 21, 2022 Page 37 of 52 Council Member Faessel explained requiring a second is common on other boards and committees he sits on and he is comfortable with the motion. He advised if at least one other individual does not wish to hear an item the request should be restated or reworked. Council Member Moreno reported part of the history outlined by Council Member Diaz was a 2013 Special Meeting because former Mayor Tait was agendizing the Anaheim Stadium deal and the City Council called a Special Meeting to remove the Mayor's agendizing power. He explained the purpose of the meeting was an intent to not discuss Anaheim Stadium. He reported that City Council held a robust discussion when the matter of restoring this power came up after districting. He advised the determination as it was critical in the districting era to allow agendizing of matter another district's representative may not fully understand. Council Member Moreno explained former Mayor Sidhu proposed to require three (3) members to agendize instead of one (1) after he was elected. He reported he and former Council Member Barnes made a compromise motion to require two (2) but it failed. He advised he is hearing the same arguments now as he heard when having three (3) was first proposed but noted he and former Council Member Barnes quickly learned the intent was not to save staff's time but rather to prevent the two of them from agendizing anything. He expressed concerns about the inability of a Council Member to bring up issues important to their district. He noted they are regularly cautioned about creating potential Brown Act violations from having too many discussions outside of public meetings. Council Member Moreno noted if the Council Members believe in democracy they should make it easier for items to be heard because Council Members are legally restricted from speaking fully to an item the night they request it be placed on the agenda. He advised Mr. Fabela keeps them honest about these substantive discussion restrictions. He reported former Council Member Barnes and himself could not even get a Graduation Night agendized to celebrate the City's graduates. He explained that agendizing, unfortunately, becomes petty and residents should not be punished because of it. Council Member Moreno lamented the denial of his frequent offers to colleagues to discuss issues before bitterness could occur. He advised his peers' dislike of him should not prevent democracy from occurring. Mayor Pro Tern O'Neil noted he proposed reducing the requirement to one. Council Member Valencia advised he takes Council Member Moreno's comments to heart but noted he keeps referencing a situation under former Mayor Sidhu that is no longer in existence. He advised his experience on City Council since the resignation has not been remotely close to what happened under former Mayor Sidhu. He reported he also disagrees ideologically with many of his colleagues but they were still able to agendize campaign finance reform and other matters. He explained the differences have been stark since former Mayor Sidhu resigned. He noted he and Council Member Moreno do not always agree but have also supported each other on multiple matters showing mutual respect for the City. He expressed hope that all of his colleagues have a similar commonality. SUBSIDIARY MOTION: Council Member Diaz moved to amend the motion on the floor to require a Council agenda request to need a second, seconded by Council Member Ma'ae. ROLL CALL VOTE: AYES — 3 (Council Members Diaz, Ma'ae, and Faessel); NOES — 2 (Mayor Pro Tern O'Neil and Council Member Moreno); ABSTAIN — 1 (Council Member Valencia). Motion carried. DISCUSSION: In response to Mayor Pro Tern O'Neil's inquiries, Mr. Fabela clarified this is a motion to amend so it only requires a majority of those voting. He advised approving the resolution would City Council Minutes of June 21, 2022 Page 38 of 52 require four (4) votes. He confirmed a 3-2-1 vote would not suffice for the amended motion to pass. Mr. Fabela clarified the next vote would require four (4) affirmative votes to pass. Mayor Pro Tern O'Neil explained the motion on the floor is to require a second for items to be agendized. Council Member Moreno advised he would not support the motion. He explained that whether it is two (2) or three (3), District 3 would be marginalized in the process without bowing to the special interests controlling the City. He noted it is frustrating. He advised voting has not changed since the resignation because any vote related to the special interests is a struggle. He noted he does not believe campaign finance reform was added to the agenda because it is an important piece of legislation because City Council would not even touch it when he first proposed the ordinance. Council Member Valencia called for a point of clarification. Mayor Pro Tern O'Neil advised Council Member Valencia was out of order. Council Member Moreno advised City Council only began to act collegially when the controversy put an extra public focus on their work. He explained City Council's actions have not changed but rather its tone. He advised Council Member Valencia essentially just admitted former Mayor Sidhu controlled his vote if something is different in the agendizing process with him not there. Council Member Moreno expressed appreciation to Mayor Pro Tern O'Neil for bringing the item forward but advised he could not support the motion. He further commended Mayor Pro Tem O'Neil for going against what he voted for in the past with the lights now on City Council in calling for a reset. He explained that whether it is three (3) or two (2), City Council would still be suppressing the fundamental ability of a district to have its issues heard. Council Member Valencia explained it is frustrating how Council Member Moreno tends to bend the narrative. He read a friendly text message exchange with Council Member Moreno discussing the campaign finance ordinance ending with an agreement to discuss it but added Council Member Moreno never placed the scheduled phone call. He advised he does not need to defend his votes but noted that he has voted against the majority on multiple issues, citing the signing authority for the City Manager, hazard pay for front-line workers, the appointment process, and his reservations about Anaheim First and the Stadium deal as examples. Council Member Valencia advised Council Member Moreno's attempt to create a false narrative about what he stands for is disappointing. He noted that coming at people with false narratives is extremely frustrating and unethical. He explained actions and votes are what matter. He advised he does not condone Council Member Moreno's comments or believe it is what is taking place. Council Member Moreno advised he appreciates the ability to have clarifying conversations with Council Member Valencia because it is hard to get time with him. He clarified when he first broached the subject with Council Member Valencia, he did not even reply to the email. He reported Council Member Valencia never got back to him after requesting time to read through the ordinance. He noted they have come to know him for these deflections. He reported Council Member Valencia initially did not want to support hazard pay but only agreed to give it a second or third for agendizing due to pressure put on him from labor organizations but only if Council Member Moreno made the motion for it. He advised Council Member Valencia created a 50-employee exemption after they both were lobbied by Northgate Gonzalez Markets. City Council Minutes of June 21, 2022 Page 39 of 52 Council Member Moreno cited the current sparring with Council Member Valencia as an example of why he could not support agendizing with a second. He explained that Council Member Valencia does not want to agendize certain things because he does not want to vote on them as a political tactic. He advised the only reason he has been able to get any discussions with City Council recently is that they are all trying to separate themselves from former Mayor Sidhu. He explained he often has to work with the City Manager for lack of City Council support in agendizing but reported the City Manager would say there was a request to not agendize what he was proposing. He advised he is not trying to be righteous but rather transparent and sometimes transparency can make others uncomfortable. He reported Council Member Valencia told him he would like to play long -game politics. He explained the politics of special interests muck their ability to get along. Council Member Moreno advised the public can see the intent of the motion on the table. He explained the notion of a second makes sense if they were getting along as a City Council and there were a lot of agendized items. He thanked Council Member Valencia for confirming former Mayor Sidhu controlled the City Council on the City's major economic policies. He advised the hundreds of thousands of dollars given to his Assembly campaign speak volumes about what he is trying to do tonight. Mr. Fabela cautioned Council Members Moreno and Valencia to stick to the topic at hand. Council Member Valencia explained the term politicking could be used in several ways and he intends to be collaborative. He advised Council Member Moreno's interpretation of his actions does not match his work for the residents. Council Member Moreno reported when Council Member Valencia chose to agendize the review of the HCD letter about the Angel Stadium sale, Council Member Valencia came to him in the backroom and stated Council Member Diaz would not give it a third because the City Manager told him the stadium sale money was needed for Beach Boulevard. Mr. Fabela cautioned about staying on topic. Council Member Moreno explained this has to do with agendizing and the need for a second or third and how the politics of getting those is not about being collegial but rather tradeoffs. Mayor Pro Tem O'Neil ruled the discussion was off -topic. He acknowledged it was tangentially related but advised it was about a different policy item. Council Member Moreno explained points of order have been used by City Council to side-step serious conversations. He condemned the practice and stated he was within the agenda item because he was speaking specifically about how seconds and third work contrary to how his peers have portrayed it. He called for clarification about the allegations he made about the City Manager's involvement in the agendizing of the HCD letter. He requested the Chair reconsider the point of order. Mayor Pro Tem O'Neil denied the request. He advised Council Member Moreno could appeal the ruling. Council Member Moreno declined to appeal the ruling of the Chair. Mr. Fabela cautioned Council Member Valencia to stay on the topic before he makes his forthcoming remarks. In response to Council Member Valencia's inquiry, Mayor Pro Tem O'Neil advised he would likely be ruled out of order for continuing the current off -topic conversation with Council Member Moreno. City Council Minutes of June 21, 2022 Page 40 of 52 Council Member Valencia expressed frustration with his inability to explain the situation. AMENDED MOTION: Mayor Pro Tern O'Neil moved to approve RESOLUTION NO. 2022-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Policy 1.6 of the City Council Policy Manual relating to the manner in which members of the City Council may place matters on the agenda of a regular City Council meeting and rescinding Resolution No. 2019-131, as amended to require a second for Council agenda requests, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 2 (Council Members Diaz and Ma'ae); NOES — 4 (Mayor Pro Tern O'Neil and Council Members Moreno, Valencia, and Faessel). Motion failed. MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2022-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Policy 1.6 of the City Council Policy Manual relating to the manner in which members of the City Council may place matters on the agenda of a regular City Council meeting and rescinding Resolution No. 2019-131, as presented, seconded by Council Member Moreno. ROLL CALL VOTE: AYES — 4 (Mayor Pro Tem O'Neil and Council Members Moreno, Valencia, and Faessel); NOES — 2 (Council Members Diaz and Ma'ae). Motion carried. D112 16. Discussion City Council's alternatives with regard to the Mayoral vacancy, with option to D113 nominate and appoint an appointee to fill the vacancy, or provide direction to staff on actions related to the vacancy (continued from City Council meeting of June 7, 2021, Item No. 15). MOTION: Council Member Faessel moved to investigate the appointment of a retired jurist for the Mayoral position. The motion failed for lack of a second. DISCUSSION: Council Member Moreno referenced the extensive discussion on June 7, 2022 about the appointing a Mayor from within the Council. He noted Council Member Faessel's objection at the meeting to appoint from within due to the cloud hanging over them all. He noted the cloud is not directly over him but he does sit on the same dais. He explained an ideal Mayor would be someone who has pushed back against the special interests involved in the FBI affidavit and is not aligned with the Chamber of Commerce or the Walt Disney Company to be viewed as independent from their interests. He noted a retired jurist would be external but would have no context of how the City operates. Council Member Moreno advised one person who would have a City's trust and be independent of the special interests in the investigation would be former Mayor Tait. He applauded how former Mayor Tait supported Council Members while serving as Mayor. He noted he is a Democrat nominating a Republican but advised former Mayor Tait proved himself to be interested in the integrity of the office, heard the voice of citizens, and was independent of the interests at the source of the scrutiny. He reported speaking to former Mayor Tait about this and stated he was hesitant but honored to be considered. He reported former Mayor Tait has no interest in running in the 2022 election, as he is happy in retirement from politics but would be willing to serve for a few months in the City's interest. He noted former Mayor Tait was twice elected with a majority and has the trust of the people. NOMINATION: Council Member Moreno nominated former Mayor Tait to fill the Mayoral vacancy. DISCUSSION: City Attorney Robert Fabela clarified that the City Charter allows the Mayor to be appointed under the standard nomination process so there was no need for a second to hold a vote. City Council Minutes of June 21, 2022 Page 41 of 52 In response to Mayor Pro Tern O'Neil's inquiries, Mr. Fabela advised this does not apply to the nomination of a retired jurist because there was not a specific person nominated. He explained there is no requirement for a nominee to have formally indicated interest to the City. He clarified any vote for a person would be conditional on the person accepting the appointment. Council Member Moreno stated he has spoken directly with former Mayor Tait and indicated he would be willing to accept the appointment if so offered. In response to Mayor Pro Tern O'Neil's inquiry, City Clerk Theresa Bass clarified that the Chair should open the floor for nominations, and once all of the nominations are received, City Council would vote on the nominations in the order received. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Fabela clarified there is no specific direction accounted for in the City Charter if no nominations are approved within 60 days of the vacancy. He advised that after 60 days there would be no need for action if City Council wished to maintain the status quo. In response to Mayor Pro Tern O'Neil's inquiries, Mr. Fabela advised if more than one candidate receives a majority of votes, the nominee with the most votes would be appointed. He explained if it were a tie, City Council would vote again on the tied nominees. Mayor Pro Tern O'Neil opened the floor for nominations. In response to Mayor Pro Tern O'Neil's inquiry, Council Member Moreno confirmed he would like to nominate former Mayor Tait. In response to Council Member Faessel's inquiry, Mr. Fabela explained he could not nominate "Joe Doe retired jurist to be named later." Council Member Faessel clarified his comments from June 7 and stated he was not comfortable with any Anaheim resident because any Anaheim resident has preconceptions and prejudices. He explained that retired jurists are not likely to have a prejudice. He advised he would even be hard- pressed to support his friend, Paul Kott, for whom he has the greatest of respect. Mr. Fabela clarified that the City Charter requires the Mayor to be an Anaheim resident. In response to Mayor Pro Tern O'Neil's inquiries, Mr. Fabela stated the requirement is for the Mayor to be an elector of the City, meaning they are registered to vote in Anaheim. He confirmed the presumption that the Mayor must be both a resident of the City and registered to vote in Anaheim for at least 30 days. NOMINATION: Council Member Valencia nominated Paul Kott for Mayor, advising he would be a stable dependable voice for the next four and a half months until the election. Mayor Pro Tern O'Neil closed the nomination period. DISCUSSION: In response to Mayor Pro Tern O'Neil's inquiry, Mr. Fabela confirmed it is not only the candidate who receives the most votes but also they must have received a majority of the votes in the first place. City Council Minutes of June 21, 2022 Page 42 of 52 NOMINATION: Council Member Moreno nominated former Mayor Tom Tait to fill the Mayoral vacancy. ROLL CALL VOTE: AYES — 1 (Council Member Moreno); NOES — 3 (Mayor Pro Tem O'Neil and Council Members Diaz and Ma'ae); ABSTAIN — 2 (Council Members Valencia and Faessel). Nomination failed. DISCUSSION: In response to Mayor Pro Tem O'Neil's inquiry, Mr. Fabela reported that a nomination would require four votes for approval and not merely a majority of those who cast votes. NOMINATION: Council Member Valencia nominated Paul Kott to fill the Mayoral vacancy. ROLL CALL VOTE: AYES — 1 (Council Member Valencia); NOES — 3 (Mayor Pro Tem O'Neil and Council Members Diaz and Moreno); ABSTAIN — 2 (Council Members Ma'ae and Faessel). Nomination failed. DISCUSSION: Council Member Valencia advised that it appears that a consensus would be difficult to achieve in appointing a Mayor. He reported he would support a discussion about who should chair the City Council meetings if there is concern about how they are being run. Mayor Pro Tem O'Neil advised it would be the topic of another agenda item if so. Council Member Moreno called for the item to continue so there was an option to make an appointment instead of having to agendize an item if something pops up. He noted there is a 60-day time constraint for appointments and added it is embarrassing that the City does not have a Mayor, which has negative consequences on how the City is run and returning civic trust and confidence. Mayor Pro Tem O'Neil advised it is his understanding that the item has been acted upon and cannot be continued. He reported a Mayoral appointment could be agendized again for a future meeting. In response to Mayor Pro Tem O'Neil's inquiry, Mr. Fabela confirmed placing the issue back on the agenda immediately will require a second and third. B105 17. Consider nominating and appointing a representative to serve on the Orange County Water District — District 9. Orange County Water District — District 9: Appointment: Council Member Ma'ae (term ending December 2024) (currently vacant) DISCUSSION: Mayor Pro Tem O'Neil reported the City has received correspondence from the Orange County Water District (OCWD) since the June 7 discussion urging consideration of an elected member of the City Council rather than a member of the general public. He reported that at the last meeting both Council Members Faessel and Ma'ae were nominated but declined the nominations. NOMINATION: Mayor Pro Tem O'Neil nominated Council Member Ma'ae. DISCUSSION: In response to Mayor Pro Tem O'Neil's inquiry, Council Member Ma'ae advised she would like to have her nomination reconsidered. Council Member Diaz explained he could not seek this nomination because he is unable to serve due to a conflict of interest for already serving on another water agency. NOMINATION: Council Member Moreno nominated District 3 resident David Garcia. B105 B105 City Council Minutes of June 21, 2022 Page 43 of 52 Mayor Pro Tern O'Neil closed the nomination period. DISCUSSION: Council Member Moreno explained the cloud is over the Council Members. He noted applicants took the time to apply. He reported Mr. Garcia is knowledgeable about policy and processes and has experience governing different forms of organizations. He noted Council Member Ma'ae is currently up for reelection and City Council is again in the position of doing something that may not be in the body's best interests. He advised it was only fair to pick from the applicant pool since Council Members declined their opportunities on June 7. Council Member Ma'ae reported she decided to accept this nomination after speaking to OCWD representatives who stressed how important it was to have a Council Member on the Board. She reported she is happy to step up and accept the role, sacrificing her time to represent the City. She explained this has nothing to do with the election, disagreeing with Council Member Moreno's narrative. She advised she is stepping up on behalf of her City. NOMINATION: Mayor Pro Tern O'Neil nominated Council Member Ma'ae. ROLL CALL VOTE: AYES — 4 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, and Faessel); NOES — 1 (Council Member Moreno); ABSTAIN —1 (Council Member Valencia). Nomination approved. NOMINATION: Council Member Moreno nominated David Garcia. ROLL CALL VOTE: AYES — 1 (Council Member Moreno); NOES — 3 (Mayor Pro Tern O'Neil and Council Members Diaz and Ma'ae); ABSTAIN — 2 (Council Members Valencia and Faessel). Nomination failed. 18. District 2 appointment of an unscheduled vacancy to the Planning Commission to serve a term ending December 31, 2022. Planning Commission: District 2 Appointment: Michael Mouawad (unscheduled vacancy, Phillip Wolfgramm) (term ending December 31, 2022) NOMINATION: Council Member Ma'ae nominated Michael Mouawad. DISCUSSION: In response to Council Member Moreno's inquiry, Council Member Ma'ae confirmed that Mr. Mouawad lives in District 2 and reported is an interested stay-at-home father who has ample time to invest and a background in this field. NOMINATION: Council Member Ma'ae nominated Michael Mouawad. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Nomination approved. 19. District 4 appointment of a scheduled vacancy to the Housing & Community Development Commission to serve a term ending December 31, 2024. Housing & Community Development Commission: District 4 Appointment: (scheduled vacancy) Natalie Rubalcava (term ending December 31, 2022) NOMINATION: Council Member Valencia nominated Natalie Rubalcava. City Council Minutes of June 21, 2022 Page 44 of 52 DISCUSSION: In response to Council Member Moreno's inquiries, Council Member Valencia confirmed that Ms. Rubalcava is a District 3 resident. He expressed his belief that she is also a proclaimed candidate for City Council. Council Member Moreno advised he would not be supporting the nomination because she does not live in District 4 and is a proclaimed candidate for the City Council. NOMINATION: Council Member Valencia nominated Natalie Rubalcava. ROLL CALL VOTE: AYES — 5 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Valencia, and Faessel); NOES — 1 (Council Member Moreno). Nomination approved. B105 20. Consider (re)appointments to fill scheduled vacancies on the Library Board, for terms expiring June 30, 2022. Library Board: [Re] Appointment: Rose Chen (term ending June 30, 2026) (incumbent, Rose Chen) [Re] Appointment: Linda Newby_(term ending June 30, 2026) (incumbent, Linda Newby) DISCUSSION: Mayor Pro Tern O'Neil reported both incumbents have expressed an interest in continuing their service and both are eligible to do so. NOMINATION: Council Member Faessel nominated Rose Chen and Linda Newby for reappointment. DISCUSSION: Council Member Ma'ae agreed with the nominations. Council Member Diaz reported there were two applicants from District 1 and advised that he would get in touch with them about ways to get involved with the City in the future. In response to Council Member Moreno's inquiry, Council Member Faessel confirmed this is the only Board that Ms. Newby sits on, confirmed by City Clerk Theresa Bass. NOMINATION: Council Member Faessel nominated Rose Chen and Linda Newby. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Nominations approved. PUBLIC HEARINGS: D106 21. Public hearing on the Fiscal Year 2022/23 budget and budget appropriations limits for the City and its Community Facilities Districts, and changes in various fee schedules. A. RESOLUTION NO. 2022-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the fiscal year 2022/23 budget. B. RESOLUTION NO. 2022-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, adopting the annual appropriations limit for the Fiscal Year 2022/23. City Council Minutes of June 21, 2022 Page 45 of 52 RESOLUTION NO. 2022-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, adopting the Community Facilities District No. 06-2 (Stadium Lofts) annual appropriations limit for the Fiscal Year 2022/23. RESOLUTION NO. 2022-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, adopting the Community Facilities District No. 08-1 (Platinum Triangle) annual appropriations limit for the Fiscal Year 2022/23. C. RESOLUTION NO. 2022-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the schedule of rates, fees and charges for rental of space, parking and for certain labor, equipment and services at the Anaheim Convention Center effective July 1, 2022 [includes determination that the adoption of the schedule of rates is exempt from the California Environmental Quality Act pursuant to Section 2100(b)(8) of the Public Resources Code and Section 15273 of the California Code of Regulations]. D. RESOLUTION NO. 2022-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a revised schedule of sanitation fees for wastewater and solid waste and rescinding Resolution Numbers 2019-074 and 2021-066 and determining such actions are exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080 (b)(8) and Guideline Section 15273 (a). City Manager Jim Vanderpool reported this public hearing is to consider the adoption of the Fiscal Year 2022/23 budget, proposed fee changes, and budget appropriation limits and is the culmination of three (3) workshops, five (5) community meetings, and countless hours of preparation. He clarified that approval of the Capital Improvement Plan (CIP) does not mean that City Council is approving each project until they are presented to City Council individually. He reported on the public meeting process leading to this presentation. He advised the Budget, Investment and Technology Commission has reviewed the budget and deemed it fiscally sound. Finance Director Deborah Moreno reported that the proposed Fiscal Year 2022/23 budget includes $2 billion in expenditures with the largest portion belonging to the Enterprise Funds at 40% with the General Fund accounting for 21 %. She provided an overview of the breakdown by department and the five-year forecast for the General Fund. She noted the budget is projected to have a declining structural deficit over the next five (5) years. Ms. Moreno reported the item also includes the City's annual appropriation limits for the City and its two community facilities districts including the Stadium Lofts and the Platinum Triangle. She reported on how the State guides the City on the factors contributing to how the limit is set. She reported the proposed fee increases in Fiscal Year 2022/23 are in Enterprise Fees connected to the Convention Center and Public Works, noting the Convention Center's proposed new rates are consistent with those charged by comparable facilities. Community Services Director Sjany Larson -Cash responded to the City Council inquiries about the feasibility of increasing Library operating hours at the June 7 workshop by presenting a list of four (4) options. Her first option is expanding the Euclid, Sunkist, and East Anaheim Library hours from three (3) days a week to five (5) days a week at a cost of $225,356. Her second option is opening the Central Library, Haskett Library, and Ponderosa Library on Saturdays for a cost of $784,739. Her third option was to open all library branches on Saturdays for a cost of $1,740,512. Her fourth option City Council Minutes of June 21, 2022 Page 46 of 52 was to provide seven (7) days a week of service at all library branches for a cost of $2,759,863. She reported staff recommends approving both options Nos. 01 and 02 for a total of about $1,000,000. Ms. Larson -Cash reported on staffs increased neighborhood services, including a planned increase of 50 neighborhood clean-up events for a cost $230,818 if approved by City Council. Ms. Larson -Cash advised that there was also direction on June 7 to pursue an extension of the agreement with the Anaheim Union High School District (AUHSD) to have field space available for non-profit youth sports organizations and the community at Trident Education Center, Sycamore Junior High School, and South Junior High School. She reported staff is in discussions with AUHSD and would bring an agreement back to City Council for consideration. DISCUSSION: In response to Mayor Pro Tern O'Neil's inquiries, Ms. Larson -Cash confirmed library options No. 1 and No. 2 are complementary and would bring service to all libraries five (5) days a week with most open six (6) days a week. She clarified that the parks matter is an update to Council's request to update the agreement with AUHSD, but added an agreement is still being negotiated. She confirmed that the price tag for the parks could be in the range of $1,200,000. In response to Mayor Pro Tern O'Neil's inquiries, Mr. Vanderpool reported at the mid -year budget discussion staff identified $30,000,000 not incorporated into the General Fund Reserve and split it into three $10,000,000 buckets for future Council consideration. He advised the bucket for deferred maintenance is incorporated into the Fiscal Year 2022/23 budget. He explained appropriations for things like Ms. Larson-Cash's proposals could come out of the bucket for community services and programs. He confirmed the $10,000,000 in the bucket for community services and programs has not yet been allocated. He noted that in a perfect world the $10,000,000 would be used for one-time expenses. He added they could spread out the $10,000,000 to provide a few years of funding. Council Member Faessel reported being called out at least three (3) times by the community leadership in the Anna Drive area concerning a lack of access to the Sycamore Junior High School field. He explained that he would have a problem if the City could not gain access to the field through its current negotiations. He noted having every library branch open at least five (5) days a week was his suggestion and expressed his support for this component. Council Member Faessel reported the Council Members all received a letter from the Anaheim Senior Citizens Club requesting additional staffing for programs and other increases to opportunities for seniors. In response to Council Member Faessel's inquiries, Ms. Larson -Cash confirmed she had seen the letter. She reported the City's food resources continue to be available and senior food distributions continue at the Brookhurst Community Center, Downtown Community Center, and East Anaheim Community Center. She advised staff has been working to increase programming at senior centers, gymnasiums, and libraries. She reported staff could always do better and strives to do better. She advised these are areas staff is continually re-evaluating along with other opportunities. In response to Council Member Faessel's inquiries, Ms. Larson -Cash explained that based on previous meetings with the Senior Club the letter is likely requesting more dedicated staffing at senior centers. She advised that they could do this with a few more part-time employees. She reported a full-time position dedicated to senior programs is currently on hold until funding becomes available. She advised it is her understanding the held position's status would be reevaluated at mid -year. She estimated the City's salary and burden cost of the held position to be about $130,000. City Council Minutes of June 21, 2022 Page 47 of 52 Council Member Faessel asked if the City Manager and Finance staff could find a way to accumulate $130,000 for the position to assist and support senior citizen programming. He noted the position has already been identified but is being held for lack of funding and advised he would rather not wait for mid -year with this position if possible. He thanked Ms. Larson -Cash for her department's work with seniors. In response to Mayor Pro Tern O'Neil's inquiry, Mr. Vanderpool confirmed that City Council could direct staff to make appropriations to the budget once passed without holding a public hearing. He noted that the City Charter mandates the adoption of a budget and appropriations tonight and it is already 12:15 A.M. He advised that they could discuss other budgetary supplements at the next meeting. Mayor Pro Tern O'Neil suggested, in the interest of time, that some portions of the discussion could be handled at a future meeting. He noted that there have been three (3) workshops and five (5) community meetings on the budget so they have known what would be coming before them except for Ms. Larson-Cash's presentation. He cited Code Enforcement as something that may be better to bring up later so they could get through the budget tonight. Council Member Moreno noted that according to the Housing Element, Anaheim has the largest number of senior citizens in Orange County. He advised he would support the entire list in the letter referenced by Council Member Faessel. In response to Council Member Moreno's inquiry, Ms. Larson -Cash estimated the entire list of requests in the letter would cost around $225,000. Council Member Moreno reported he would like to approve the list this evening, noting the $10,000,000 unspent bucket for community services and programs. He explained the budget process is a challenge for the Council Members for a lack of opportunities for City Council to express interest in particular items with the ability to be considered as direction. He thanked Ms. Larson -Cash for quickly turning the three (3) items around from the June 7 workshop. He advised the Council Members do not have much of a chance to ask questions and provide direction in the workshops because they only have one hour to cover many departments. In response to Council Member Moreno's inquiry, Ms. Larson -Cash reported the City currently does 58 community cleanups a year and the figure of 50 additional cleanups is so the City could average two per week. Council Member Moreno expressed support for all three (3) components of Ms. Larson-Cash's presentation. In response to Council Member Moreno's inquiry, Ms. Larson -Cash confirmed that these requests would be in addition to the currently proposed budget. Council Member Moreno reported he would like to support the $225,000 request for senior services tonight as a part of the $10,000,000 bucket. He advised he remains interested in discussing the Planning and Building Department enhancing its Code Enforcement in apartment buildings as part of the Quality Rental Housing Program (QRHP). Mayor Pro Tern O'Neil advised that City Council would entertain motions after the public hearing has been closed. City Council Minutes of June 21, 2022 Page 48 of 52 In response to Council Member Moreno's inquiries, Planning and Building Director Ted White reported staff has been discussing the QRHP and the feedback he has received indicates the program currently works well and is adequately staffed. He advised additional staff would allow the City to complete more inspections and possibly expand services. He confirmed the City has staffing to address unhealthy living conditions as part of its normal activities and is not experiencing backups. He agreed that the City could always respond quicker with more staff and extend the number of services offered. He estimated the additional staffing cost would be about $100,000 per full-time position and $75,000 for a part-time position. He advised more vehicles are also a necessary potential one-time expense if adding staff, at a cost of about $50,000 per vehicle. He reported staff feels they have adequate staff to respond to calls about housing programs but advised an additional Code Enforcement Officer would help speed up response times. Council Member Moreno reported he would pull back and potentially revisit enhancing the Code Enforcement staff at mid -year. Mayor Pro Tern O'Neil thanked Council Member Moreno for not having them vote after midnight based on conjecture and loosely approximated cost estimates. He noted they all have the opportunity to agendize their matters of interest and recommended they address them as separate items rather than as part of the larger budget discussion. Council Member Diaz advised staff confirmed it already has sufficient staff to address code violators. He noted many District 1 apartment buildings have been repaired because of the QRHP and advised the program is working. He stated the City needs to focus its money on commercial corridors but advised it is a discussion for another day. In response to Council Member Faessel's inquiry, Mr. White clarified that the City is discussing partnering with Orange County where the City may end up having to fund a health position, creating a future supplemental request. He reported the discussions with the County are ongoing. Council Member Moreno acknowledged it is late but this is the only time the Council Members get to decide what values they want to be reflected in their budget. He advised that next year's City Council and the City Manager should reconsider the process so they are not doing this at 12:30 A.M. Council Member Moreno advised he was struck by not having any City funds in the Housing and Community Development Department budget. He noted funding for the Housing and Community Development Department was discussed when the Economic Development Department was separated from Housing and Community Development. In response to Council Member Moreno's inquiry, Mr. Vanderpool clarified that when the departments were separated, the General Fund component was removed from Housing and Community Development to create the separate department. He explained there was never an allocation of General Fund resources for the housing functions. Council Member Moreno advised he supported the separation because it allows the housing staff to focus on housing and the City to rely less on external agencies for economic development. He reported the Economic Development Department is up and running and it is time to focus on Housing and Community Development. In response to Council Member Moreno's inquiries, Mr. Vanderpool reported the staff recommendation does not include using General Fund dollars to support the work of housing. He noted there is a recommendation for two (2) new employees to assist with existing housing programs. City Council Minutes of June 21, 2022 Page 49 of 52 In response to Council Member Moreno's inquiry, Director of Housing and Community Development Grace Ruiz-Stepter explained the department's budget is tapping into the State's Homeless Housing, Assistance and Prevention (HHAP) program for the Community Care Response Team (CCRT). She reported the pilot program version of the CCRT was funded by pandemic relief funds but it is now funded by the HHAP. She advised the CCRT is funded through 2023 with State dollars. She confirmed additional staffing would be helpful in the pursuit of grants and filing the requisite reports. She reported they are currently hiring two (2) senior housing staffers to help Deputy Director Andy Nogal's work with affordable housing. She reported they have also recently increased the staffing level of the City's Emergency Rental Assistance Program (ERAP), which would continue longer than first anticipated during the pandemic. She confirmed the growth has been through federal and state grants. Mayor Pro Tern O'Neil opened the public hearing. Bryan Kaye advised that when Council Member Moreno first came to City Council he did not want to see the Anaheim Police Department's (APD) recordings because what the officer said was good enough for him and noted Council Member Moreno has come a long way. He advised they have all demanded evidence tonight, demanding to see where the money went. He reported the City has spent millions annually on the APD without listening to what the people have said. He noted he has presented evidence of hate crimes to the Council and alleged that they paid the APD to throw them away. He listed many residents harmed or killed by the APD, including himself, and questioned if City Council had reached out to apologize to them or their families. He advised it is ironic that City Council throws APD evidence away but now wants evidence on what former Mayor Sidhu did. He noted the City paid to have a police officer use racial slurs at him and none of the Council Members objected to the officer's behavior. He reported that City Council has ignored Anaheim residents expressing concerns about the things former Mayor Sidhu is now accused of. He questioned the long-term effects of the medications given at the City's mental health facilities. He advised staff has informed him there is no evidence that he committed any crimes but there is a large amount of evidence that the APD has committed crimes. He noted APD officers need a better environment to work in if City Council wants to keep the City safe. Ms. Bass noted for the record that the City did not receive any electronically submitted public comments related to the public hearing. Mayor Pro Tern O'Neil closed the public hearing. MOTION: Mayor Pro Tern O'Neil moved to approve the budget as presented with the additions of the Community Services Department's Proposal Nos. 01 and 02 to expand library operating hours in the amount of $1,020,095 and the additional allocation of $230,818 for Neighborhood Services cleanup events, seconded by Council Member Diaz. SUBSIDIARY MOTION: Council Member Moreno moved to amend the motion on the floor to also include the request from Senior Services in the approximate amount of $225,000, seconded by Council Member Valencia. DISCUSSION: Mayor Pro Tern O'Neil advised he does not disagree with the sentiment of the amendment but expressed concerns about how it was presented at such a late hour without a clear definition. He advised he would rather have the subject come back as an agenda item after the ramifications and potential expenses are better analyzed and not mere conjecture. City Council Minutes of June 21, 2022 Page 50 of 52 Mayor Pro Tern O'Neil explained the motion calls for $225,000 at least but they do not necessarily know the figure would be sufficient. He reported he did not receive the letter prompting the discussion. Ms. Bass reported the $225,000 was an estimate by Ms. Larson -Cash. In response to Council Member Valencia's inquiry, Mayor Pro Tern O'Neil confirmed his recommendation is to bring the senior services component back with a more finite price tag. Council Member Valencia recommended approving it now to give residents a vote of confidence and bring it back if it turns out to be more expensive than $225,000. He advised they could respect the request for the time being and take a step forward. He questioned if Council Member Moreno would accept a friendly amendment to his amendment. Mr. Fabela clarified that Council Member Valencia's comments were more of an argument for why the senior service component should be considered than a potential amendment to the amendment. SUBSIDIARY MOTION: Council Member Moreno moved to amend the motion on the floor to also include the request from Senior Services in the approximate amount of $225,000, seconded by Council Member Valencia. ROLL CALL VOTE: AYES — 5 (Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 1 (Mayor Pro Tern O'Neil). Motion carried. DISCUSSION: Mayor Pro Tern O'Neil advised his reservations about the amended motion are not having seen the request for additional senior services and the appropriation is an estimate made on the fly from the podium in an informal fashion. He reported that he would nonetheless support the motion. Council Member Moreno reported one thing they all supported was $250,000,000 for neighborhood revitalization that former Mayor Sidhu introduced three years ago. In response to Council Member Moreno's inquiries, Mr. Vanderpool clarified that the plan was tied to the proceeds from the Angel Stadium sale and Anaheim First and noted it has been pulled for both of these reasons. He reported during the Anaheim First Workshop, Council Member Moreno asked him about this and he responded a significant portion of the funding was coming from the stadium sale. He confirmed the funds from the stadium sale would have been $150,000,000. He clarified a plan was never drafted for how to come up with the additional $100,000,000 but indicated it was a goal staff was working towards. He advised it would not move further until City Council direction is received by staff. Council Member Moreno advised that there was clear City Council direction to allocate the funds for neighborhood revitalization. Mr. Vanderpool clarified that funds were never allocated. In response to Council Member Moreno's inquiries, Mr. Vanderpool reported staff would need City Council direction to allocate the funds to replace the $250,000,000 He confirmed the vision is put on hold until further City Council direction. Ms. Bass reported that for Item No. 21-C, 131,801 notices were mailed and the City received 18 protests, not constituting a majority, therefore City Council can take action on the item. AMENDED MOTION: Mayor Pro Tern O'Neil moved to approve as amended to add the Community Services Department Library Services Proposal Nos. 1 and 2 to expand operation hours in the City Council Minutes of June 21, 2022 Page 51 of 52 amount of $1,020,095, the Neighborhood Services Clean up Events in the amount of $230,818, and the Senior Services request in the approximate amount of $225,000, seconded by Council Member Diaz. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. (For Item No. 21-D, Council Member Valencia recorded an abstention. ROLL CALL VOTE: AYES — 5 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, and Faessel); NOES — 0; ABSTAIN — 1 (Council Member Valencia). Motion carried.) T106 22. This is a public hearing to consider a resolution to confirm the diagram and assessment and provide for the levy of the annual assessment in and for the Anaheim Resort Maintenance District for Fiscal Year 2022/23. RESOLUTION NO. 2022-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM confirming the diagram and assessment and providing for the levy of the annual assessment in and for the Anaheim Resort Maintenance District. Public Works Director Rudy Emami advised this is the annual levy for the annual assessment in and for the Anaheim Resort Maintenance District for FY 22/23. He reported that City Council initiated these proceedings on May 24 by accepting the Assessment Engineer's report. He advised staff recommends confirming the diagram and assessment and providing the levy of the annual assessment in and for the Anaheim Resort Maintenance District for Fiscal Year 2022/23. Mr. Emami reported the proposed assessment for FY 22/23 is approximately $5,400,000. He advised this year's assessment would increase the Consumer Price Index (CPI) by 7.506%. He noted there was no increase to the assessment for the two (2) previous fiscal years. Mayor Pro Tem O'Neil opened the public hearing. There being no speakers or electronically submitted comments, the public hearing was closed. MOTION: Council Member Ma'ae moved to approve RESOLUTION NO. 2022-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM confirming the diagram and assessment and providing for the levy of the annual assessment in and for the Anaheim Resort Maintenance District, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 6 (Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel); NOES — 0. Motion carried. PUBLIC COMMENTS (non -agenda items : None COUNCIL COMMUNICATIONS: Council Member Moreno appreciated the spirited conversations and healthy discussions with his colleagues. COUNCIL AGENDA SETTING: Council Member Faessel requested to re-agendize an ordinance regarding campaign reform, concurred by Council Members Moreno and Valencia. Council Member Faessel also requested to re- agendize the Mayoral vacancy on July 12, concurred by Moreno and Valencia. City Council Minutes of June 21, 2022 Page 52 of 52 Council Member Moreno requested an agenda item in July to discuss, with possible action, placing a ballot measure on the November ballot for an entertainment fee or tax on the Disneyland Resort, Honda Center, and Angel Stadium, currently proposing a 1 % gate fee/tax. Mayor Pro Tern O'Neil requested an agenda item to consider an increased allocation to Code Enforcement to engage in more pro -active code enforcement as outlined as a recommendation from the Planning Director. Council Member Ma'ae requested a conversation on the number of items agendized per meeting, which was referred to an individual conversation with the City Manager. Council Member Faessel requested the City Manager review the earlier public comment regarding the availability of shelter beds and why or how a member of the public was refused services. ADJOURNMENT: At 1:05 A.M. on June 22, 2022, Mayor Pro Tem O'Neil adjourned the City Council in memory of Jeanette Van Delden, Dr. Thomas Coad, and Gary Field. ectfully submitted, TherL-sa Bass, CMC City Clerk PublicComment From:Tamara Jimenez <tjimenez@lighthousetreatment.com> Sent:Friday, June 17, 2022 3:42 PM To:Public Comment Subject:\[EXTERNAL\] Items 7 & 8 (6/21/22 Council meeting) Attachments:city council 6.21.22.pdf Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Please see attached letter for support onitems 7 & 8. Thank you. Have agreat day, Tamara Jimenez, CADC II, ICADC Credential #A060491021 Community & Government Relations Manager Lighthouse CONFIDENTIALITY NOTICE: This message isprotected under theFederal regulations governing Confidentiality ofAlcohol andDrug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Actof1996 ("HIPAA"), 45C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for inthe regulations. The Federal rules prohibit anyfurther disclosure ofthis information unless awritten consent isobtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies ofthe original message. 1 June 17, 2022 Anaheim City Council 200 S. Anaheim Blvd 7 th floor Anaheim, CA 92805 Re: Items 7 & 8 on Agenda 6/21/22 Dear City Council Members, I am writing to express our strong support for items 7 & 8 on the upcoming agenda dated 6/21/22. Lighthouse has had the opportunity to work in collaboration with both Chrysalis and Love Anaheim in the recent past years and are proud to stand in support or both agreements proposed. Both programs are outstanding in the work they do in providing services to the homeless community in developing skills for the workforce. Anaheim is lucky to have them as they are both assets to the city and community. Please feel free to reach out with any questions. The items are below for reference. 7. Approve an Amended and Restated Memorandum of Understanding and License Agreement, in substantial form, with Chrysalis, in the amount of $1.00 annually, to provide office and program space at 290 S. Anaheim Boulevard for the Chrysalis Employment Program for an initial two year renewal term (through June 30, 2024) with one additional one year extension; provide funding for up to $50,000 for building repairs and improvements; and authorize the Economic Development Director to execute and implement the agreement. 8. Approve the First Amendment to Agreement with JMh-Anaheim Foundation Inc. dba Love Anaheim, in an annual amount not to exceed $500,000, for the Better Way Anaheim Project to coordinate resources, bridge organizations, provide homeless participants with service projects, and a skills development program; and authorize the City Manager, or designee, to execute and administer the amended agreement. Sincerely, Tamara Jimenez, CADC II, ICADC Credential #A060491021 Community & Government Relations Manager 1320 W Pearl Street Anaheim, CA 92801 Phone: (714) 780-1174 Fax: (714) 844-2068 PublicComment From:Stephanie Krystal Palomares <spalomar@uci.edu> Sent:Tuesday, June 21, 2022 1:26 To:Public Comment Subject:\[EXTERNAL\] 6/21/22City Council Meeting- Agenda item #14 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. HelloCityCouncilMembers, Iamadoctoralstudentthat isa productof mywonderfulupbringinginAnaheim. However, theacts committedbyourMayorandthoseclose to himweredisgracefulanddisrespectfulto theresidentsofAnaheim. Asaproudresident, Iwouldliketoknowthatmyrepresentativesare notinfluencedbywealthycorporationsand PACsinAnaheimthathavealready corruptedourcity leadership. Ourcommunitywouldliketo regain faithinourcouncilmembersandcityleadership butwe havereasontobelievethatourrepresentativesmaybeuntrustworthyasMayor Sidhuwas. Pleasedemonstrateyour commitmentto anhonestandtransparentcitycouncilbysupportingagendaitem #14 (campaignfinance ordinancebrought upbyDr. Moreno). Thankyouforyourtime. 1 JenniferL. Hall From:Cristobal De La Cruz <cristod@uci.edu> Sent:Tuesday, June 21, 2022 4:45 PM To:Public Comment Subject:\[EXTERNAL\] City council members Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Dear City Councilmembers, Our community would like to regain faith in our council members and city leadership but we have reason to believe that our representatives may be as untrustworthy as Mayor Sidhu was. Please demonstrate your commitment to an honest and transparent city council by supporting agenda item #14 (campaign finance ordinance brought up by Dr. Moreno). Best regards, Cris 1 PublicComment From:C.E. Breeden <CEBreeden@hotmail.com> Sent:Tuesday, June To:Public Comment Subject:\[EXTERNAL\] Regular and Special Council Meeting 06/21/2022 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. Good Day Members of the City Council; I would like to address two items on the agenda for the June 21, 2022 meeting. The first item is the Mayor's vacancy. Leave the office vacant. The city has done fine for over 100 years with a five-person council. The city will survive for a few months with the Mayor's office vacant and a six-person council. I would suggest that the council rotate the Mayor Pro Tem every month. Hey, give everyone a shot at being Mayor Pro Tem, starting with District 1 on July 1, 2022. The second item is the campaign finance ordinance. After having read and re-read the proposed ordinance, I suggest you delete it, wad it up and throw it in the trash, it is a terribly written ordinance. It is confusing, complicated, and it places too much burden on the candidate/council member. Couple of things, itshould also be indicated that this applies to contributions made to a council member by labor unions. For instance, if Disney has requested a permit to build another land and has contributed the max amount to each council members, then if the Disney employee's union contributed the max amount to a council member, then that council member must declare the contribution because the union members would benefit from the permit being issued for a new land, right? I strongly recommend that this ordinance be sent back to the City attorney's office for an extensive review against recent US Supreme Court rulings involving campaign finance laws OR be willing to sign a binding agreement that each council member will pay all costs associated with defending this ordinance in court if the ordinance is found to be unconstitutional! Thank you for your time. Clifford E. Breeden, Jr 1 PublicComment From:Jenny Salcido <jennysalcido37@gmail.com> Sent:Thursday, June To:Public Comment Subject:\[EXTERNAL\] Mayor - Jennie Salcido - 657-739-8437 Iam aUnited States Citizen who wants to serve the people of our country. Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. I am interested in being appointed for the remaining of the unexpired term for Mayor. Please take my interest very seriously for I have an educational background, experience in the working industry, along with living in Anaheim many years. I have beat the pavement, worked hard, and lived fairly well due to my continued efforts of being an exception steward to life, liberty and justice for all. Appointment me as your next Mayor. Jennie Salcido Anaheim, California, 92806 United States Citizen 1 PublicComment From:Theresa Bass Sent:Tuesday, June 21, 2022 8:47 AM To:Public Comment Subject:FW: \[EXTERNAL\] Interim Mayor From: Joanne Kellogg < Sent: Monday, June 20, 2022 6:56 PM To: Trevor O'Neil <TONeil@anaheim.net>; Stephen Faessel <SFaessel@anaheim.net>; Avelino Valencia AValencia@anaheim.net>; Jose Moreno <JMoreno@anaheim.net>; Jose Diaz <JoDiaz@anaheim.net>; Gloria S. Ma'ae GMaae@anaheim.net> Cc: Theresa Bass <TBass@anaheim.net>; paulkott@pkrealtors.com Subject: \[EXTERNAL\] Interim Mayor 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 Council Members, With all of the notoriety that Anaheim has received these past months by being printed in papers and discussed on many of the national tv news programs, it is of utmost importance that an interim mayor be selected to represent the City Council during the ongoing investigation. It has been brought to my attention that Paul Kott, a long time resident of Anaheim and a well respected member of our community, would like to serve as our interim mayor. Rather than aselection made from a member of the present Council, I feel that having someone neutral with no ties to previous dealings or having hidden agendas would be best served in the interest of the City of Anaheim. I hope that you will consider my concerns and the support of Paul Kott. Sincerely, Joanne Kellogg 1 JenniferL. Hall From:Theresa Bass Sent:Tuesday, June 21, 2022 11:49 AM To:Theresa Bass Cc:Jim Vanderpool; Gregory Garcia; Robert Fabela; Jennifer L. Hall Subject:FW: Appointment of Paul Kott as interim Mayor Mayor Pro Tem and City Council Members, Please see the below email from Assembly Member Tom Daly regarding appointment ofInterim Mayor. Thank you, Theresa Theresa Bass, CMC City Clerk City of Anaheim 200 S. Anaheim Blvd. #217 Anaheim, CA 92805 Email: tbass@anaheim.net Phone: (714) 765-5166 | Fax: (714) 765-4105 Original Message----- From: Daly, Tom <Tom.Daly@asm.ca.gov> Sent: Tuesday, June 21, 2022 11:35AM To: Theresa Bass <TBass@anaheim.net> Subject: \[EXTERNAL\] Appointment of Paul Kott asinterim Mayor 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. Ms. Bass, please share this with the city council, city manager and city attorney. Council members, As you decide how best to move forward in filling the vacant Mayor’sposition - until the voters decide in November - I want toshare with you the perspective of a lifelong Anaheim resident (who served for fourteen years on the Council, including ten years as Mayor.) The ideal person must have anunderstanding of the city’shistory, and a knowledge of the city’svarious departments and services. The person should be familiar with key city administrators as well as the crucial institutions (business, non- profit, religious) of Anaheim. Iam aware of no person more qualified in these areas than Paul Kott. Inmy experience, hehascontinually shown a remarkable loyalty to our city and a grasp of what matters to our residents. 1 Paul iscareful, wise and fair. We can allbenefit from those traits inthe difficult months ahead. There’snodoubt inmy mind that he will make usproud again ofour city, ifhe’sappointed toserve the remainder of the Mayor’sterm. Thank you for considering my perspective. Sincerely, Tom Daly Sent from my iPad 2 DIRECTORS DENIS R. BILODEAU, P.E. CATHY GREEN NELIDA MENDOZA DINA L. NGUYEN, ESQ. KELLY E. ROWE, C.E.G., C.H. STEPHEN R. SHELDON TRI TA BRUCE WHITAKER ROGER C. YOH, P.E. OFFICERS President STEPHEN R. SHELDON First Vice President CATHY GREEN Second Vice President TRI TA General Manager MICHAEL R. MARKUS, P.E., D.WRE June 16, 2022 Mr. James Vanderpool City Manager City of Anaheim 200 S. Anaheim Blvd., Suite 733 Anaheim CA, 92805 Letter transmitted via email to jvanderpool@anaheim.net SUBJECT: City of Anaheim Appointment to the Orange County Water District Board of Directors Dear Mr. Vanderpool: We understand the city has started a process to appoint a new individual to the Orange County Water District (OCWD) Board of Directors and that you are accepting applications from city of Anaheim residents. OCWD appreciates how quickly the city is moving to appoint a new board member. OCWD requests the city consider appointing a city council member to our Board versus selecting a resident for the following reasons:  As you are aware it is becoming more difficult to provide adequate water supplies to our constituents due to the continuing drought conditions California is experiencing. As we navigate this drought it’s important that we have experienced and seasoned representatives who are accountable to the voters as they will be tasked with making critical policy decisions on our local water supply.  OCWD recommends that a policy-oriented individual be appointed to the Board. The OCWD staff as well as the city of Anaheim Utilities Department staff have strong technical individuals with many years of experience in various water industry disciplines. These individuals analyze and provide the necessary information to the OCWD Board to allow the directors to make policy decisions. The city has a history of appointing current or past city council members to our Board and we believe this approach has been successful. Mr. James Vanderpool June 16, 2022 Page 2 of 2  Due to the numerous facilities OCWD owns and operates in the city, our agencies have a high level of interaction. Having a council member who has a fundamental understanding of the city’s operations and programs, and who can develop effective working relationships with our Board members as peers, would be beneficial.  The city and OCWD are exploring opportunities to develop recreational facilities on OCWD property and could be negotiating the details of the Anaheim River Park project and how it impacts OCWD’s operations in the Santa Ana River.  OCWD leases portions of its land in the city to various entities. Additionally, OCWD can periodically have development ideas for land that may be in excess to what is needed to perform core operations. Having a city council member available who has a basic understanding in land use issues and city council priorities to discuss and review such topics would be beneficial to both organizations. Thank you for considering our comments. OCWD is appreciative of the good relationship we have with the city and looks forward to working with a new Anaheim director. Sincerely, Michael R. Markus, P.E., D.WRE, BCEE, F.ASCE General Manager cc: OCWD Board of Directors Greg Garcia - Assistant City Manager PublicComment From:JAYNE HUGHES <crazyjayne777@gmail.com> Sent:Wednesday, June To:Public Comment Subject:\[EXTERNAL\] RENT CONTROL 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. Mr. Mayor of Anaheim I am very interested in Why can't Orange County have rent control. As I'm on social security only an with one more rent increase I will be homeless, really sad when you work all your life an look forward to retirement but you can't because of your RENT. A sad sad day I'm 72 n looking to becoming homeless in Anaheim. My husband is 80 nhad to go back to work because of our RENT. PLEASE HELP OUR SENIORS. GOD BLESS,.?? Cordially, Jayne Hughes 1