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05/02/2023 ANAHEIM CITY COUNCIL REGULAR MEETING OF MAY 2, 2023 Pursuant to Government Code Section 54953, Subdivision (b), the regular meeting included teleconference participation by Council Member Norma Campos Kurtz from: 2027 Allen PI NW, Washington DC, 20009. This Notice and Agenda were posted at the teleconference location. Public comment on the agenda from this address was allowed pursuant to Government Code Section 54954.3. The regular meeting of May 2, 2023 was called to order at 4:02 P.M. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related material were duly posted on April 27, 2023. MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Stephen Faessel, and Natalie Meeks (in person). Council Member Norma Campos Kurtz (via teleconference). STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 4:04 P.M., Mayor Aitken recessed to Closed Session for consideration of the following: 1. 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 Organization: International Brotherhood of Electrical Workers (IBEW), Local 47; and IBEW, Local 47 Part-Time Customer Service Employees At 5:01 P.M., Mayor Aitken reconvened the Anaheim City Council. MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Stephen Faessel, and Natalie Meeks (in person). Council Member Norma Campos Kurtz (via teleconference). INVOCATION: Reverend Jessica Strysko, Anaheim United Methodist Church FLAG SALUTE: Mayor Pro Tern Natalie Rubalcava PRESENTATIONS: Recognizing the 2022 Anaheim Mills Act Recipients Mayor Aitken reported the City created the Mills Act program in December 2000 to encourage the preservation of the City's historical resources. She highlighted property owners could apply to the program to receive potential property tax reductions in exchange for the preservation and rehabilitation of their property. She noted the City's Mills Act program is one of the largest in the State. She introduced Associate Planner Amanda Lauffer to present the recipients. City Council Minutes of May 2, 2023 Page 2 of 15 Associate Planner Amanda Lauffer reported Anaheim includes four(4) historic districts which include approximately 1,500 historic properties. She noted the majority of properties are located in Downtown Anaheim. She presented a video highlighting the 12 Mills Act property recipients was displayed. She noted with the new additions, the City has over 400 Mills Act properties, making it the third-largest program in the State and the largest in Orange County. She introduced the 2022 Mills Act Recipients who were each recognized by the City Council. Recognizing Paul Kott Realtors Inc. for their 41 years of business Mayor Aitken mentioned Paul Kott Realtors Inc. opened on April 12, 1982, and has developed into a full-service company offering real estate consulting, owner and tenant representation, and property management. She presented the proclamation to Paul Kott, owner of Paul Kott Realtors, Inc. Mr. Kott thanked the City Council for the recognition and thanked his staff, supporters of the business, and family for their continued support. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing May 2023 as Mental Health Awareness Month Benefits Manager Sara Girgis thanked the Mayor and City Council for the recognition. She reported according to the National Institute of Mental Health, nearly 1 in 5 Americans live with a mental health condition. She noted in the month of May, Human Resources will raise awareness of the resources and benefits available to them, including the Work of Art program. Recognizing May 15—21, 2023, as Bike to Work Week Management Assistant Vanessa Esparza highlighted the purpose of Bike to Work Week is to inspire individuals to embrace the healthy and environmentally friendly mode of transportation. She noted the importance of bicycle safety and thanked the City Council for the proclamation. Recognizing May 7 — 13, 2023, as National Travel & Tourism Week Visit Anaheim Vice President of Tourism & Partnership Pepe Avila thanked the City Council for the proclamation and provided a brief history of the company's relationship with local hotels. Mr. Avila noted the tourism industry employs over 40,000 residents from the City of Anaheim. He mentioned a preliminary report on Anaheim tourism in 2022 showed approximately 25.5 million visitors in the City including 1.6 million international tourists. Mr. Avila reported international tourists spent $900 million in Anaheim in 2022. He mentioned the goal for the company in the next year is to focus on international travel and launching new programs to build back attendee numbers. Recognizing May 20, 2023, as Kids to Parks Day Community Services Superintendent Nikki Sandusky accepted the proclamation. She thanked the City Council for the recognition and provided an overview of services available at the Oak Canyon Nature Center. She announced the Anaheim Children's Festival at Pearson Park on Saturday, May 20th from 11:00 A.M. to 3:00 P.M. She encouraged residents to visit Anaheim.net/parks for more information on park spaces available to the public. Recognizing May 22, 2023, as Harvey Milk Day City Council Minutes of May 2, 2023 Page 3 of 15 ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Theresa Bass reported Item No. 08 was removed by staff and will be brought forward at a later date. PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, City Clerk Theresa Bass provided an outline of procedures for public comments, a notice of translation services, and a brief decorum. City Clerk Theresa Bass reported that a total of 40 public comments were received electronically prior to 6:00 P.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [A final total of 42 public comments were received electronically, distributed to the City Council, and made part of the official record]. — See Appendix. Paul Hyek requested additional services for homeless individuals, including "walk-in" services and to encourage partnerships with local faith-based organizations. Bruce Goodman, representing the Chance Theatre, commented on upcoming performances at the venue and their efforts to outreach to the diverse community through the performing arts. He requested ongoing support from the City for their community theatre efforts. Jeanine Robbins requested the City Council release the results of the corruption investigation and expressed concerns regarding Council Members who may have their names included in the report. Mike Robbins requested the City Council release the results of the corruption investigation and expressed concerns that Council Members may be seeking to repress the report. John Dunton expressed concerns regarding the City's perceived reluctance to release the report with the results of the corruption investigation and his intent to follow up with the judicial system if it is not released. Fred Sigala, Jr. requested the City Council release the results of the corruption investigation and expressed concerns that there may be a conflict of interest on the part of the City and law firm regarding this matter. He noted the vote on this item may result in decreased public trust and transparency. Mariana Angeles (translation: Spanish) requested transparency into City business, the need for rent control in the City, lack of maintenance in parks and green spaces, and requested the corruption investigation report be released to the public. Carmen Landin (translation: Spanish) requested the corruption investigation continue and that the report be released to the public. She expressed hope that Council Member Kurtz would attend a March of Lights event on May 31st. Gabriela Velazco (translation: Spanish), representing the Ponderosa neighborhood Mothers in Action, requested the corruption investigation continue and that the report be released to the public. Vern Nelson expressed concern with the corruption investigation report, stating Council's actions tonight may appear to be a cover-up. He expressed concerns that there may be a conflict of interest on the part of the City and law firm regarding this matter. City Council Minutes of May 2, 2023 Page 4 of 15 David Duran requested the corruption investigation report be released to the public and expressed concerns that there may be a conflict of interest on the part of the City and law firm regarding this matter. He requested hybrid City Council meetings in the future. Sandra Cazares provided her comments in Spanish and English. She requested the corruption investigation report be released to the public and expressed concerns that there may be a conflict of interest on the part of the City and law firm regarding this matter. She requested decorum from the Council Members when speakers address themselves at the podium. Eimy Arellano (translation: Spanish) expressed concern with the potential sale of Anaheim stadium and requested the corruption investigation report be released to the public. Carolina Mendez requested accountability and transparency with regard to releasing the results of the corruption investigation report. She stated local government has more influence on the day-to-day lives of residents and encouraged the City Council to take the appropriate action regarding the report. Kenneth Batiste expressed concern with the City Council's reluctance to release the corruption investigation report and ongoing issues related to public transparency into City business. He also requested increased support for rent control and services for Hispanic residents. Samuel Carlin spoke as a representative of Teamsters Local 952 (Anaheim Convention Center Part- Time employees) regarding contractual matters, including a small wage increase. He requested the City Council's support regarding the proposed multi-year proposal before the City's bargaining team. John Thomas, employee of the Convention Center, acknowledged the hard work done by the Convention Center's employees during the pandemic and requested support for their current employment proposal before the City Council, especially the wage increase. Anastacia Bean, employee of the Convention Center, stated they have not received a wage increase since before the pandemic and are requesting fair compensation for the services the Convention Center employees provide. Ruben Soto expressed his personal faith beliefs and his continued support for homeless services in the community. He suggested the City consider a program similar to the "exit" program run by the Sheriff's Department. Ron Bengochea spoke regarding his military service and lifelong Anaheim residency. He stated he was opposed to districting of the City and his continued request for the City Council's support for the Veterans' cemetery. Cecil Jordan Corkern spoke regarding various aspects of the City budget, including descriptions of the various sections. A. Garcia thanked the City Council, Mayor, and Mayor Pro Tern for their efforts on behalf of Rancho La Paz, including the resources through Anaheim Public Utilities, which she had previously brought up as a matter of concern before the City Council. Michael Fiore, Director of Outreach for Voices for Awareness Facing Fentanyl, introduced Pastor Phil Aguilar and invited members of the City Council to an upcoming community event, and provided details regarding his organization's efforts to provide education regarding fentanyl abuse and overdose. He requested the City Council's support in providing resources for their upcoming event. City Council Minutes of May 2, 2023 Page 5 of 15 Andrea Manes invited members of the City Council to upcoming festival events including the Anaheim Childrens Festival and noted the sponsorship recognitions. She also highlighted the St. John the Baptist Greek Orthodox Church Greek Festival. She provided flyers for both events and expressed gratitude for the City's efforts. Len Beckman thanked the members of the City Council for their service and spoke regarding his previous efforts to educate the community about drug abuse. He spoke regarding code enforcement activities related to roosters in residential areas. Donna Acevedo-Nelson, a lifelong Anaheim resident, spoke regarding her personal experience with her son's murder. She expressed concern that black residents and visitors in Anaheim who are riding bicycles may be being stopped inappropriately. Mark Richard Daniels spoke regarding the corruption investigation and strongly requested that the City Council release all results to the public, regardless of negative publicity for the City. Karen Romero Estrada, a lifelong Anaheim resident in District 2, spoke regarding the corruption investigation and noted several Council members ran their campaign based upon restoring government transparency and trust. She requested the public received full access to the report's findings. Penelope Lopez spoke regarding the corruption investigation and requested full disclosure of the report to restore public trust. She also requested the City Council provide hybrid access to the City Council meetings to expand participation. Cecilia Flores requested City Council oppose the plan for a charter school in the community in a space currently utilized by a church, as it will have potential negative impacts on traffic and noise. She would prefer an alternative project, such as a community or senior center. Marc Herbert requested Wi-Fi access in the City Council Chamber for future meetings and assistance with navigating the meeting's content. He requested clarification as to the placement of Council communications on the agenda and whether it is a priority as related to City business meetings. Bryan Kaye provided comments on his personal experience with various elected officials. He expressed support for parents in the community and requested the City Council treat the public with the same respect the public shows them. Card #3183 (translation: Spanish) spoke regarding her commitment to raising her children and the negative impacts she is experiencing due to her blindness in one eye. She is experiencing difficulty with an adjacent property where the residents appear to have mental health and drug issues. She expressed concerns regarding her family's safety. Mayor Aitken requested staff to assist the speaker. Bob Donelson expressed support for the employee agreement mentioned by the Anaheim Convention Center workers earlier in the meeting. He also requested support for the Veterans' Cemetery. Council Member Kurtz reported no public comments from the teleconference location. City Council Minutes of May 2, 2023 Page 6 of 15 COUNCIL COMMUNICATIONS: Council Member Kurtz reported her attendance at a performance by the Anaheim Ballet at Roosevelt Elementary School and thanked them for performing and educating the students on the importance of arts and sports. She thanked the Anaheim Transportation Network for sponsoring the Earth Day art contest at Betsy Ross Elementary School. She thanked Congressman Lou Correa for securing grant funds for Anaheim Public Utilities to begin construction on a Learning Center on Vermont Street. She congratulated the students who participated in races with constructed solar power cars and congratulated Mayor Aitken on her victory over Congressman Correa in the races. Council Member Diaz highlighted Sawali Grill, a Filipino restaurant located at 3414 West Ball Road. He reported the next Rebuild Beach community meeting will take place on Thursday, May 4th at 6:00 P.M. at the West Anaheim Youth Center. Council Member Faessel congratulated the Orange County Conservation Corps for opening their new Warehouse and Food Pantry located in District 5. He thanked his Council colleagues for attending the grand opening with him. He highlighted his attendance at the Anaheim Elementary School District's Annual Music, Art & Creativity Festival at Pearson Park. He celebrated the Anaheim Public Mobile Library's 65th anniversary at the Miraloma Family Resource Center and thanked the Public Library staff for organizing the event. He reported , pursuant to Assembly Bill 1234, he attended the Association of California Cities Orange County (ACC-OC) federal advocacy trip in Washington D.C., with Council Member Kurtz and noted meetings with the Department of Justice, the House Committee on Energy and Commerce, U.S. Chamber of Commerce House Transportation Majority Committee, various members of Congress, and Senator Alex Padilla. He mentioned his attendance at the Higher Ground Resource Fair at Lincoln Elementary School. He thanked Congressman Correa for securing $5 million in grant funding for the Orange County Sanitation District's Super Critical Water Oxidation Program. Mayor Pro Tern Rubalcava recognized community organization Green Bird for hosting a trash pickup in District 3 at Pearson Park. She mentioned her participation at Anaheim High School's Rockets and Robots event, which provides exposure for students to explore STEM related fields. She attended Project SAY's leadership meeting and highlighted a student's request to reignite the Youth Commission. She noted a topic highlighted during the meeting was the importance of community involvement and reaching out to local legislators. She noted she and Council Member Kurtz visited the facility where items for the Anaheim Halloween Parade were stored and mentioned the City was searching for a new storage facility for the items. She highlighted Small Business Week by highlighting small businesses located on Center Street and encouraged residents to support local businesses. She reported the first District 3 Community Stakeholders meeting took place on April 20th and highlighted the feedback received by the community, district demographics, and results from the district survey. She mentioned the next community meeting will take place on June 2nd. She highlighted the local restaurant El Polio Fino, their upcoming 30th anniversary in June, and a community event attended by former professional boxer Roberto Duran. She highlighted the Anaheim Transportation Network's transportation programs and a coloring contest held at Betsy Ross Elementary School. She welcomed District 3's newest resident, Noelle Miranda. She mentioned the Cinco de Mayo Festival beginning Thursday, May 3rd, and highlighted Felipe Guerena, a member of the founding family of the Cinco de Mayo Festival. She reported he passed away in January 2023 and acknowledged the hard work and commitment Mr. Guerena had for celebrating the Mexican culture and heritage in the City. Council Member Meeks recognized the 2022 Mills Act recipients and previous recipients for being a special part of City history. She highlighted her attendance at the Orange County Conservation Corps City Council Minutes of May 2, 2023 Page 7 of 15 Food Pantry grand opening and highlighted their work assisting young individuals entering the workforce. She reported her attendance at the Library's Mystery Luncheon fundraiser, a District 6 neighborhood meeting, and emphasized the importance of motion lighting to deter burglars. Council Member Leon highlighted the Children's Day Fun Fair held at Barton Park on April 29th and thanked community partners for assisting with the event. He thanked his staff, District 2 commissioners, and highlighted Community Services Parks Manager JJ Jimenez for his assistance with organizing the event. He congratulated Gilbert High School for the opening of their new food pantry "El Mercadito," in collaboration with Second Harvest Food Bank. He thanked Anaheim Public Utilities for providing him with tours of two groundwater treatment facilities and one power plant. He thanked the Anaheim Police Department Mounted Unit for visiting Stoddard Elementary School and encouraged his colleagues to stop by to visit. He noted a few items related to homelessness, including the clean-up of an area on La Palma Avenue and potential pilot programs with Union Pacific. He highlighted Amazing Cakes as the April Business of the Month, located off Magnolia Avenue and Crescent Avenue, and Exo Sushi as the April Restaurant of the Month. He recognized Asian American Pacific Islander Month and emphasized his support and appreciation for the Asian American Pacific Islander community. Mayor Aitken thanked Anaheim Public Utilities General Manager Dukku Lee for inviting her to an Earth Day Tree Planting ceremony at Benito Juarez Elementary School and assisting with the Anaheim Sustainability Center. She thanked Congressmember Lou Correa for securing grant funds for the center. She highlighted her attendance, along with her Council colleagues, at the Anaheim Police Department swearing-in ceremony for three new officers. She congratulated the officers and welcomed them to the City. She attended a tour of the Center of Hope permanent supportive housing facility with Speaker-Designate Robert Rivas and Assemblymembers Avelino Valencia and Sharon Quirk-Silva. She reported her attendance at the swearing-in ceremony for Federal Judge Fred Slaughter. She highlighted Magnolia High School's Farm to Table dinner, which teaches students about sustainability, business plans, and how to overcome food deserts. She attended a tour of The Dwelling Place food pantry and highlighted the program, which acts as a free grocery store for the public. She expressed interest in bringing a similar program to other parts of the City. CITY MANAGER'S UPDATE: City Manager Jim Vanderpool encouraged the public to visit FiestaUnited.org for more information on the Cinco de Mayo Festival. He mentioned the Anaheim Fire & Rescue (AF&R) Department will be implementing a plan to educate Anaheim youth on the dangers of opioid overdoses. Over the last month, AF&R has been working with the Anaheim Union High School District to equip and train all Anaheim high schools in the dangers of opioid overdoses. There have been two training sessions, coordinating training with over 30 school nurses and 70 school principals, and vice principals. He reported a third class will be held on May 5th to train all the school sports trainers and coaches. He noted the City has developed a plan to utilize funds received from an opioid settlement to equip "Opioid Overdose" boxes in each school and provide subsequent training on how to treat an overdose. He noted the City will continue to support the schools in the future with training scheduled for the fall in "assembly" style presentations to students and parents. City Manager Vanderpool reported Anaheim Public Utilities will be celebrating Water Awareness Month in May by encouraging residents and businesses to make water conservation a way of life. He encouraged residents to visit the City's booth at the Downtown Anaheim Farmers Market on May 25th between 11:00 A.M. and 3:00 P.M. to learn about saving water, available rebates, and to watch a 'pipe tapping' demonstration. City Council Minutes of May 2, 2023 Page 8 of 15 CONSENT CALENDAR: At 7:38 P.M., the Consent Calendar was considered with Mayor Aitken pulling Item No. 06 and Council Member Kurtz pulling Item No. 09 for separate discussion. MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and adopt the balance of the consent calendar as presented in accordance with reports, certifications, and recommendations furnished each City Council Member and as listed on the Consent Calendar, seconded by Council Member Meeks. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES —0. Motion carried. B105 1. Receive and file minutes of the Library Board meeting of March 13, 2023. D116 2. Approve recognitions recognizing Chance Theater on their 14 awards received at the Orange County Theater Guild Awards, Theodore Roosevelt Elementary School's Dedication Plaque Ceremony commemorating the school's recent renovations, Mothers Against Drunk Driving of Southern California's Power Talk 21 on their efforts to encourage parents to talk to their children about alcohol abuse, and Casey Ortiz on receiving a $50,000 Science, Technology, Engineering, and Mathematics (STEM) scholarship from Southern California Edison. D155 3. Approve the 2023 Biennial Modifications to the 2021-2024 Workforce Innovation and Opportunity Act Unified Local Plan, and Regional Plan (Orange Regional Planning Unit). D180 4. Accept the bids from Onsite Tire Services and Daniel's Tire Service, in a combined amount of $75,678 plus applicable taxes, for as-needed roadside tire repair services for a one year period with four one-year optional renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9683. D180 5. Accept the bid from R&S Soil Products, Inc., in the amount of$62,100 plus applicable taxes, to provide landscape mulch for the Right of Way Division of the Public Works Department for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9675. 7. Approve the Final Map for Tract No. 19177, located at 1442 North Dale Avenue, for an 18- AGR-14090 unit, single-family residential townhome project with open space, private drive, and a recreation-leisure area [Bonanni Development Company V, LLC] D175 8. Approve a Right of Way Contract— State Highway Agreement and a Permanent Highway Easement Deed with the California Department of Transportation (Caltrans); authorize the City Clerk to release the Easement to Caltrans; and authorize the acceptance of a payment, in the amount of$11,400; and approve allocating a portion of the payment as reimbursement to Public Works for a right-of-way construction permit (Miraloma Way Cul-De-Sac). Item No. 8 was withdrawn by staff and will be placed on a future agenda for consideration. BUSINESS CALENDAR: 6. Approve an Agreement with the Anaheim Union High School District, in an amount not to AGR-14089 exceed $50,000 annually, for use of District athletic fields at Trident Education Center, South Junior High School, and Sycamore Junior High School for a five year period; and authorize the Director of Community Services, or designee, to execute the agreement and related documents and to take the necessary actions to implement and administer the agreement. City Council Minutes of May 2, 2023 Page 9 of 15 Director of Community Services Sjany Larson-Cash stated the item recommended for approval is similar to a 2018 agreement between the City and the Anaheim Union High School District (District), which was terminated in 2021 due to the pandemic. Director Larson-Cash noted the demand for athletic field use by community sports organizations continues to escalate. The City and the School District have agreed to expand their partnership to make additional field space available. The proposed agreement will provide youth-serving nonprofit sports organizations with access to fields at no cost. DISCUSSION: Mayor Aitken requested clarification as to how the nonprofit organizations are selected. Director Larson-Cash responded with the qualifications, which include Anaheim-based residency requirements and nonprofit youth sports organization status. There is an internal policy that prioritizes youth and the sport in season. Staff also verifies residency via player rosters. The agreement will become effective upon School District approval. Council Member Faessel, Mayor Pro Tem Rubalcava, and Council Member Meeks expressed support for the agreement. Director Larson-Cash noted the City does have agreements with other school districts for joint use for certain events and activities. Council Member Leon requested clarification regarding use of South Junior High School's track. Director Larson-Cash responded the use of the track may be a separate issue that can be agreed upon if the subject agreement is renegotiated. Council Member Kurtz thanked Director Larson-Cash and her staff for their work at cleaning up contamination at Boysen Park. MOTION: Mayor Aitken moved to approve an Agreement with the Anaheim Union High School District, in an amount not to exceed $50,000 annually, for use of District athletic fields at Trident Education Center, South Junior High School, and Sycamore Junior High School for a five year period; and authorize the Director of Community Services, or designee, to execute the agreement and related documents and to take the necessary actions to implement and administer the agreement, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks); NOES —0. Motion carried. F130.3 9. ORDINANCE NO. 6556 (ADOPTION)AN UNCODIFIED ORDINANCE OF THE AGR-1427.7 CITY OF ANAHEIM approving the Seventh Amended and Restated Franchise Agreement for the collection, handling, processing, recycling, transportation, and disposal of solid waste within the city limits of Anaheim for Republic Waste Services of Southern California, LLC, dba Anaheim Disposal (introduced at the City Council meeting of April 18, 2023, Public Hearing Item No. 31). DISCUSSION: Council Member Kurtz reported that she was still receiving complaints from residents regarding trash pickups. She requested clarification as to whether Republic Services will ensure they meet not only the current requirements but any additional requirements as a result of the new contract. Director of Public Works Rudy Emami provided details regarding several of the resident's complaints and will be preparing a memorandum to the City Council with additional information as to various measures being taken by the City. Council Member Diaz expressed disappointment with State Bill (SB) 1386, which will increase costs to residents and businesses. City Council Minutes of May 2, 2023 Page 10 of 15 Mayor Pro Tern Rubalcava inquired of the Republic Services representative as to the cause of delays in trash pick up recently experienced by residents. The representative confirmed it was not due to staffing issues and that they are meeting weekly with City staff to address community concerns. Mayor Pro Tern Rubalcava reminded the vendor that the City contracts with them to provide reputable services and to convey that message to their leadership. Council Member Faessel commented that he has received similar complaints from his District's constituents and expressed support for a return to a good business partnership. In response to a request from Mayor Pro Tern Rubalcava, Director Emami provided a summary of the proposed ordinances under consideration for this item, highlighting the new organics requirement set by SB 1383. He noted the significant educational component that will go along with the implementation of the requirements. Mayor Pro Tem Rubalcava requested a copy of the enforcement ordinance. MOTION: Council Member Meeks moved to adopt ORDINANCE NO. 6556 (ADOPTION)AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM approving the Seventh Amended and Restated Franchise Agreement for the collection, handling, processing, recycling, transportation, and disposal of solid waste within the city limits of Anaheim for Republic Waste Services of Southern California, LLC, dba Anaheim Disposal, seconded by Mayor Pro Tern Rubalcava. ROLL CALL VOTE: AYES — 7 (Mayor Aitken and Council Members Diaz, Leon, Rubalcava, Kurtz, Faessel, and Meeks); NOES — 0. Motion carried. D112 10. Review and modify the decision of the previous City Council to immediately release the investigative report being prepared by JL Group, LLC to address concerns raised by the investigative team, be consistent with the terms of the parties' contract, minimize the City's exposure to liability for constitutional/privacy rights violations, and preserve applicable privileges; and appoint Scott Tiedemann of the firm Liebert Cassidy Whitmore as Special Counsel to advise the City concerning the JL Group investigation and report, and authorize Special Counsel to work with JL Group to prepare a report that can be publicly released without exposing the City to liability or violating rights or privileges. Chief Assistant City Attorney Kristin Pelletier stated that following the concerns raised by Honorable Judge Clay Smith with respect to privacy and privileged concerns in regard to the final investigative report, staff reviewed the concerns and recommended the City retain Special Counsel to advise the City and formulate a pathway where an investigative report can be released that gives the public the JL Group investigative results without violating privacy interests, constitutional rights, or applicable privileges. Ms. Pelletier stated that in August of 2022, in the wake of an FBI affidavit detailing potential criminal conduct on the part of former Anaheim Mayor Harry Sidhu, the City retained JL Group, LLC to conduct an independent investigation. Consistent with other investigations involving City officials/employees, the contract between the City and JL Group provided that JL Group's work product and report would be confidential in order to protect applicable privileges and constitutional privacy rights. Approximately three months after the contract was approved, at the November 15, 2022, City Council meeting, former Council Member Jose Moreno made a motion to publicly release JL Group's report immediately upon its receipt. Since the City had no knowledge of what JL Group's investigation was uncovering and no basis to contemplate or expect that the release could invade the privacy rights or other privileges. After JL Group and Judge Smith became aware of the Council's, Judge Smith through a progress report cautioned the City about the privacy interests that could be implicated by the release and recommended that the City take appropriate remedial action. More specifically, the November 2022, December 2022, and January 2023 progress reports submitted to City Council Minutes of May 2, 2023 Page 11 of 15 the City by Judge Smith highlighted these concerns, and suggested that the City consider removing privileged and confidential information from the report before its distribution. Ms. Pelletier noted that are two type of information that are of concern; attorney-client privilege information which was provided to JL Group, and Employee Privacy Rights. Ms. Pelletier stated that staff recommends appointing Scott Tiedemann of the firm of Liebert Cassidy Whitmore to advise the City concerning JL Group's investigation and report and authorize him to work with JL Group/JL Group report to formulate a report that can be publicly released. She noted the unredacted report will only be released to Scott Tiedemann of the firm Liebert Cassidy Whitmore, Human Resources Director Linda Andal, and herself for review. She also noted the unredacted report will not be released to the Council and will not play any part in determining what does and does not get released She mentioned the likelihood of protection and public release if any misconduct was found against a high-ranking public official. There will also be a review for potential employee misconduct and potential discipline, as well as action to authorize the JL Group to work with the District Attorney's Office to share information. DISCUSSION: Council Member Meeks confirmed the City Council has been advised regarding the release of confidential information and stated it was concerning to her and wanted the Council to have this discussion. She further stated this will in no way slow the investigation or limit the scope of the investigation, and the City has provided information to the District City Attorney to pursue any criminal actions. She confirmed the public will receive the results that tells the story to the community without violating privacy or other protected rights. Ms. Pelletier confirmed that the report will be redacted but organized in a manner that is useful. In response to an inquiry from Council Member Kurtz, Ms. Pelletier stated the report will be available with 30 days of the receipt of the report. The report is due July 1st, with the possibility the report would be submitted after July 1st if additional time is required to review the report. Ms. Pelletier provided Council Member Leon with a brief overview of the review process following receipt of the report. In response to an inquiry from Council Member Leon, Judge Smith provided details as to the process if criminal activity were to be found, including involvement by the Orange County District Attorney's Office or referral by the City Attorney's Office to the District Attorney. Chief Assistant City Attorney Pelletier provided additional information as to the process the City would take regarding employee rights related to disciplinary processes and protected personnel matters. There is a balancing determination between the public's rights to information and personnel protections. In response to Mayor Pro Tern Rubalcava, Ms. Pelletier noted the Special Counsel was recommended as a completely neutral party and not a potential subject of the investigation. The JL Group is in concurrence with the selection of the Special Counsel. Judge Smith informed the City there may be privacy matters related to personnel disclosures as a result of the investigation, which are protected Mayor Pro Tern Rubalcava expressed concerns with the position the current Council is placed in, given that the previous Council was not properly advised on the action they took to release the report; and requested Judge Smith advise the Council and provide his opinion on the matter. In response, Judge Smith stated it is not his role to advise the City Council, but they should be mindful of protecting personnel matters as required by law. There is a balance between the public's right to information and constitutionally protected privacy rights. He further stated the City should not waive attorney-client privileges without careful consideration; and is in agreement with the action recommended to City Council. City Council Minutes of May 2, 2023 Page 12 of 15 Council Member Faessel thanked Judge Smith for his comments and that he concurred with the opinion of the City's legal counsel to protect personnel rights while concurrently providing a form of the report for public review. Judge Smith confirmed there has been no external interference with the investigation, the investigation has been adequately funded, and the investigators have been provided adequate time. Mayor Aitken requested clarification regarding how anonymous sources, third parties, or City employees who do not want to be identified but want to share information will be handled. Judge Smith commented the report is still in draft format and those matters have not yet surfaced. Mayor Aitken requested clarification as to at what level, such as elected, appointed, or operational employee or official, do privacy protections come into play. Ms. Pelletier responded it is a balancing test based upon the nature of the misconduct. Mayor Aitken requested clarification as to the fiscal impact to the City regarding the potential hiring of the Special Counsel. Ms. Pelletier responded the Special Counsel's firm has an existing on-call agreement with the City, however, the amount is much less significant than that already anticipated for the investigation. Mayor Aitken expressed support for having a publicly available report that provides enough information to the public regarding the results of the investigation, but is also considerate of personnel and privacy protections. Mayor Pro Tem Rubalcava requested clarification regarding the other privileged items which may make their way into the report, even if they are not primary to the investigation report. Ms. Pelletier stated the City should take careful consideration before a waiver of other attorney-client information which may be included in the report. Mayor Pro Tem Rubalcava requested clarification as to when the City can expect the investigation report, as it has been stated that there may be a delay due to the unavailability of certain City documents, although the City Clerk had confirmed that the requested documents had been provided. She did state there were two matters before the City Council this evening, one being the modification of the agreement with the JL Group and the other the hiring of Special Counsel. Ms. Pelletier stated the City Council can consider both items in one motion or individually. Council Member Diaz confirmed he was in support of the immediate release of the report and is not concerned with any actions he has personally taken. He did want to make sure the redactions are only limited to the personnel protections, and not to hide any other result. Ms. Pelletier stated it is not the City's intent to withhold any relevant information, but to ensure privacy protections are adhered to. She also confirmed that she is not aware of any instance of the City Council having any previous or current knowledge of the results of the report, which is highly confidential. In response to Council Member Leon, Special Counsel Scott Tiedemann provided detail as to his background and experience working with the City. It was confirmed the Special Counsel will assist the City to ensure personnel protections are not violated as a result of the release of the public version of the report. Council Member Diaz commented the report will show facts. MOTION: Council Member Meeks moved to modify the decision of the previous City Council to immediately release the investigative report being prepared by JL Group, LLC to address concerns raised by the investigative team, be consistent with the terms of the parties' contract, minimize the City's exposure to liability for constitutional/privacy rights violations, and preserve applicable City Council Minutes of May 2, 2023 Page 13 of 15 privileges; and appoint Scott Tiedemann of the firm Liebert Cassidy Whitmore as Special Counsel to advise the City concerning the JL Group investigation and report, and authorize Special Counsel to work with JL Group to prepare a report that can be publicly released without exposing the City to liability or violating rights or privileges, seconded by Council Member Kurtz. ROLL CALL VOTE: AYES — 5 (Mayor Aitken and Council Members Diaz, Leon, Kurtz, and Meeks); NOES — 1 (Mayor Pro Tern Rubalcava); ABSTAIN - 1 (Council Member Faessel). Motion carried. D155 11. Receive an informational report on current policy for homelessness services in the City and provide direction to staff, as necessary, regarding shelter offerings to unhoused people with Anaheim ties during inclement weather. (continued from the City Council meeting of April 18, 2023, Item No. 29). Deputy Director of Housing & Community Development Sandra Lozeau reported resources available to the City include the Community Care Response Team (CCRT), the BeWell Hope van, City Homeless Assistance Liaison Officers (HALO), psychiatric emergency response, and The Salvation Army emergency shelter. During inclement weather months, the groups assist the City with outreach and safety of the homeless population. Ms. Lozeau reported the City has the ability to adjust outreach and shelter efforts in response to increased needs. She provided information on The Salvation Army City-funded homeless shelter and the County of Orange's warming center. She highlighted Community Services operated cooling centers and educational material the department distributes. The City has provided significant efforts toward shelters and services for the unhoused. DISCUSSION: Mayor Aitken requested clarification on how the City can best partner with the County regarding shelter-related services, especially as related to transportation and access during inclement weather events. City staff noted the City Manager sits on a regional commission related to homelessness and staff has also inquired as to various transportation methods. Advanced notification methods were recommended as related to inclement weather events. Staff requested direction from the Council as to paths staff should pursue, as the deployment of action teams does come at a cost to the City. General discussion ensued among the Council and staff regarding short-term services that can be provided during inclement weather events via partnerships with other agencies, so as not to become a magnet service provider for other areas in the region. Staff was given general direction regarding the exploration of services or options that can be provided to the unhoused during inclement weather events, including partnering with the County and other areas with proven plans that work. City Manager Vanderpool confirmed staff has enough direction to report back to the City Council. Informational item; no action taken. B105 12. Discuss and provide direction to the City of Anaheim's appointees regarding the Anaheim Union High School District Foundation's proposal to restructure its board. DISCUSSION: Council Member Leon provided background detail on this request as the current arrangement has been in place for quite some time. Tom Morton, Executive Director of Convention, Sports & Entertainment and Foundation Board Member, provided background on the structure of the Anaheim Union High School District Foundation Board and outlined the proposed organizational structure. Council Member Leon and Mayor Pro Tem Rubalcava are the voting member representatives to the Foundation Board. The Board is looking to restructure the Board in order to accept certain donations and would eliminate School District and City Council elected official representatives. City Council Minutes of May 2, 2023 Page 14 of 15 General discussion ensued among the Council regarding the potential liabilities and benefits of having elected officials serve upon a Foundation Board where they do not have direct oversight authority. There was acknowledgment that the matter was discussed at the City Council level, however, there was no action taken on this item. Discussion item; no action taken. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non-agenda items): None COUNCIL COMMUNICATIONS: Council Member Leon congratulated Housing & Community Development Director Grace Stepter and her team for winning a Development of the Year Award for Finamore Place. Council Member Faessel mentioned the Anaheim Housing Authority closed escrow on the Tampico Motel property and thanked Director Stepter. COUNCIL AGENDA SETTING: Mayor Pro Tern Rubalcava requested an agenda item to review the Coyote Management Plan and consider any amendments to the plan. She requested recognitions for two District 3 businesses: El Polio Fino on its 40th anniversary and Anaheim Fullerton Towing on its 65th anniversary. She requested an agenda item to consider an ordinance regarding a safety button for hotel workers. She reiterated the request from the April 18th Council meeting regarding a salary survey for the Chief of Police position. City Manager Vanderpool clarified the name of El Polio Fino restaurant and requested approval to modify the hotel worker safety button item to work with Mayor Pro Tern Rubalcava on a concept to bring back to the City Council. Mayor Pro Tern Rubalcava requested clarification on the timeline for the initiative item that will be presented to the City Council at the May 16th meeting. City Clerk Theresa Bass reported the City received the certification of signatures from the Orange County Registrar of Voters, which will be presented to the City Council on May 16th. She noted the City Council can proceed with one of three options: adopting the ordinance unaltered, as presented by the proponents; presenting the initiative and ordinance to the voters at the next General Municipal Election or by special election; or request a fiscal impact report which pursuant to the Elections Code would need to be returned to the City Council within 30 days from the certification, with the June 13th City Council meeting falling within those 30 days. Mayor Pro Tern Rubalcava expressed concern regarding the 30-day timeframe for the fiscal impact report. She requested clarification on if the fiscal impact report would be prepared by a third party. City Attorney Fabela noted the item was not agendized and advised communication regarding the item could be discussed outside the meeting. City Council Minutes of May 2, 2023 Page 15 of 15 Council Member Leon requested a recognition for National Gun Violence Awareness Day for the May 16th meeting or the first meeting in June. He also requested that City Hall and ARTIC be lit up orange for that day. Council Member Faessel requested a recognition for District 5 business Reborn Cabinets Inc. ADJOURNMENT: At 9:36 P.M., Mayor Aitken adjourned the City Council meeting. Res•ectfully submitted, There 1.-ss, CMC City Clerk