Councilman Brandman Gave City-Owned Angels Baseball Tickets to a Former Business Client

Councilman Jordan Brandman gave city-owned Angels baseball tickets to a businessman who was a former client of his through a previous job.

By DUANE ROBERTS
Editor & Publisher

A Form 802 that Councilman Jordan Brandman recently filed states he gave Dave Sorem, owner of the Mike Bubalo Construction Company, two tickets valued at $410 for an Angels vs. Astros game on April 6th, ostensibly for the purpose of “attracting or rewarding volunteer public service.”

But The Anaheim Investigator has evidence Sorem was a former business client of his through a previous job. Between 2017 and 2018, the councilman worked for the Engineering Contractors’ Association, an Anaheim-based advocacy group where Sorem has been a longtime executive board member.

Brandman, however, wasn’t directly employed by the ECA, but through a firm they do business with called the Southern California Group, an entity controlled by Richard Lambros and Peter Mitchell, the latter of whom is also a registered lobbyist for the Anaheim Police Association.

According to a Form 700 Statement of Economic Interests filed on August 8, 2018, Brandman reported at that time he was “Vice-President” of the Southern California Group, earning “over $100,000” in salary from them. He listed their primary business activity as “strategic public affairs.”

The ECA describes its mission as serving the “infrastructure contractors of Southern California through project-based advocacy, labor-management relations, political action and fair public policy.” Most of its members are heavy construction companies that bid on public works projects.

Brandman‘s involvement with the ECA has been documented in their monthly publication. For example, a photograph of him with Sorem appears on page 19 of their October 2017 issue. He is also shown attending an open house at their Anaheim office on page 13 in the following issue.

Sorem and Brandman (both on the left) at an ECA event in 2017.

Last Wednesday, The Investigator sent out an email message to Brandman and Claudia Perez, his Senior Policy Aide, to request more information about the type of “volunteer public service” that Sorem has been involved in. So far neither of them have responded to our inquiry.

Brandman is a notorious peddler of city-owned tickets to lobbyists, campaign contributors, and friends. He has even been caught giving tickets to one of his former bosses at the Southern California Group–a transaction which earned him the scrutiny of the Orange County District Attorney’s Office last year.

But he isn’t the only one who does this. On June 1st, The Investigator reported that incoming Councilman Avelino Valencia III has already hijacked the city’s ticket system for selfish political purposes. And be rest assured, more articles about how these and other politicians abuse this system are forthcoming.

Councilman Valencia Gave City-Owned Tickets Worth $3,280 to Campaign Backers, Top Democrats

Councilman Avelino Valencia III gave $3,280 worth of city-owned Angels tickets to close friends, campaign backers, and top Democrats in April.

By DUANE ROBERTS
Editor & Publisher

Before Councilman Avelino Valencia III was elected to his seat, he told a reporter from Anaheim Exclusivo what his main priority would be. “I would like the residents of Anaheim to know that I am dedicating the next four years of my life to improving the quality of life for our residents,” he said. “I will be selfless in those endeavors; I will put the residents’ needs first.”

But there is an old adage about politicians: watch what they do, not what they say. And evidence is mounting that there is a big difference between Valencia’s behavior as a councilman and his rhetoric as a candidate. Thanks to Gabriel San Roman, a former investigative journalist for the defunct-OC Weekly, we know as a fact that this happens to be the case.

In an article San Roman recently posted on his Slingshot blog, he observed that with the reopening of Angel Stadium and Honda Center due to relaxed COVID-19 restrictions, a once “dormant political patronage system” has sprung back to life “with Anaheim city council members able to dole out free tickets to their well-connected friends and political backers again.”

San Roman should know. In 2019, he looked at more than 1,539 ticket disclosure formsForm 802s as they are called–to see who received the hundreds of thousands of dollars worth of tickets the city gets each year from these venues through various agreements. His award-winning investigation exposed a system rife with cronyism and corruption.

In reviewing the latest filings for April, he discovered not much had changed. For example, Councilman Jordan Brandman, who is a notorious peddler of city-owned tickets to lobbyists, campaign contributors, and even his former employer, gave two Angels tickets worth $410 to a businessman who appears to have been one of his clients at a previous job.

Even Valencia has gotten tickets.

The most astonishing revelations, however, came from Valencia’s filings. Being a newcomer, one thinks he would have been a bit more circumspect in his actions. But San Roman reported that his Form 802s showed the councilman freely gave away tickets to close friends, trade union leaders who helped finance his campaign, and known Democratic Party operatives.

In response, The Anaheim Investigator launched its own investigation into this matter and carefully scrutinized all of the Form 802s Valencia filed in the month of April. The documents not only corroborate the initial claims San Roman made in his piece, but new information has been uncovered which reveals that what he reported was just the tip of the iceberg.

The Form 802s show Valencia gave tickets to ten people, eight of which could be positively identified. Of those eight, all are “well-connected friends and political backers” of the councilman. Five have close ties to unions that each made a $2,100 contribution to his city council campaign last year. Two are top Democratic Party operatives. And most don’t live in Anaheim.

Below is a list of persons of who benefited from his largess:

ERNESTO MEDRANO

Valencia gave Medrano two tickets valued at $410 for an Angels vs. White Sox game on April 1st.

Medrano is a resident of Anaheim, a member of the Public Utilities Board, and a Business Representative for the Los Angeles / Orange Counties Building & Construction Trades Council.

Form 460s filed by the “Valencia for City Council 2020” committee report that the Los Angeles / Orange Counties Building and Construction Trades Council PAC (ID# 822029) made a $2,100 contribution on August 19, 2020.

ROBERT RUIZ

Valencia gave Ruiz two tickets valued at $410 for an Angels vs. White Sox game on April 2nd.

Ruiz is a resident of Irvine, a member of the Orange County Fair and Event Center Board, and Secretary-Treasurer for the Laborers International Union of North America Local 652.

Form 460s filed by the “Valencia for City Council 2020” committee report that the Laborers International Union of North America Laborers Local 652 (ID# 72-151970) made a $2,100 contribution on June 29, 2020.

ERNESTO AMADO CONDE

Valencia gave Conde two tickets valued at $410 for an Angels vs. White Sox game on April 3rd.

Conde is a resident of Santa Ana, a retired sergeant with the Santa Ana Police Department, and is Director of Communications for the Santa Ana Police Officers Association. In 2018, the Voice of OC reported he has a cozy relationship with Gerry Serrano, the president of that association.

Form 460s filed by the “Valencia for City Council 2020” committee report that the Santa Ana Police Officers Association Independent Expenditure Committee (ID# 1255606) made a $2,100 contribution on August 21, 2020.

Serrano made a $750 contribution on September 22, 2020.

LUISANDRES PEREZ

Valencia gave Perez two tickets valued at $410 for an Angels vs. White Sox game on April 4th.

Perez is a resident of Anaheim, a member of the Planning Commission, and Political Director for UA Plumbers & Steamfitters Local 582. Not only was he previously employed as Political Director of the Orange County Democratic Party, but he currently serves on their Central Committee and is an alternate for State Assemblyman Tom Daly.

Form 460s filed by the “Valencia for City Council 2020” committee report that the UA Plumbers & Steamfitters Local Union No. 582 PAC (ID# 890440) made a $2,100 contribution on July 31, 2020.

Perez made a $250 contribution on May 22, 2020.

LUIS ALEMAN

Valencia gave Aleman two tickets valued at $410 for an Angels vs. White Sox game on April 5th.

Aleman is a resident of Santa Ana, Secretary of the Orange County Democratic Party, and President of the Latinx Young Democrats of Orange County.

JOSHUA LAFARGA

Valencia gave LaFarga two tickets valued at $410 for an Angels vs. Astros game on April 6th.

LaFarga is a resident of Long Beach, a member of that city’s Planning Commission, and Recording Secretary for the Laborers International Union of North America Local 1309.

Form 460s filed by the “Valencia for City Council 2020” committee report that the Laborers International Union of North America Local 1309 PAC (ID# 851621) made a $2,100 contribution on June 30, 2020.

AJAY MOHAN

Valencia gave Mohan two tickets valued at $410 for an Angels vs. Twins game on April 16th.

Mohan is a resident of Irvine, a member of that city’s Children, Youth and Families Advisory Committee, and Executive Director of the Orange County Democratic Party. He was previously employed as their Political Director.

JOHNATHAN HERNANDEZ

Valencia gave Hernandez two tickets valued at $410 for an Angels vs. Rangers game on April 19th.

Hernandez is a resident of Santa Ana and a member of the Santa Ana City Council.

Total value of tickets given: $3,280.

On all of the Form 802s that Valenica filed, he stated he gave away tickets for the purpose of “attracting or rewarding volunteer public service.” Maybe so. Perhaps he wanted to encourage charity work in Irvine, Santa Ana, and Long Beach. And it could be a coincidence half of the recipients of his tickets apparently helped steer large amounts of cash into his city council campaign.

But the evidence speaks for itself. The Form 802s make a mockery of Valencia‘s promise to “put the residents’ needs first.” That he decided to shower close friends, trade union leaders who helped finance his campaign, and top Democratic Party operatives–most of whom don’t live in Anaheim–with $3,280 worth of tickets demonstrate that his priorities lie elsewhere.

Indeed, The Investigator believes he is only using his seat on the Anaheim City Council as a stepping stone to get elected to the state legislature in the 69th State Assembly District. After all, Tom Daly, his boss, is termed out in 2024. But to do that, he’ll need to build a base of support not only in Anaheim, but in Santa Ana. That’s where giving away free tickets comes in handy.

For matter of record, Valencia isn’t the only politician in this town who has taken advantage of the ticket system and exploited it for selfish political purposes. Sometime in the future, The Investigator plans to publish more in-depth articles like this one exposing how past and present council members, both Democrat and Republican alike, have done similar things.

Stadium Master Site Plan Revealed Name of ‘Study’ for Streetcar Project, but City Website Says Nothing

An image of a streetcar from a vendor presentation that was shown to Mayor Harry Sidhu’s Transit Options Task Force in December 2019.

By DUANE ROBERTS
Editor & Publisher

The Stadium Master Site Plan, a 13-page document filed last year with the City of Anaheim by SRB Management LLC, an entity controlled by Arte Moreno, the billionaire owner of the Angels baseball team, revealed the name of the “study” for the streetcar project that Mayor Harry Sidhu’s Transit Options Task Force has been working on since 2019.

The document in question, prepared by the IBI Group, a Canadian-based consultant that describes itself as a “global architecture, engineering, planning, and technology firm” involved in “defining the cities of tomorrow,” made a brief reference to it in the last paragraph on page 13, under the topic of “infrastructure improvements.”

It reads as follows:

Anaheim Connects – Street Car

The City of Anaheim is undergoing planning efforts as part of the Anaheim Connects study to transform transportation and transit solutions in the Platinum Triangle Planning Area. The study seeks to provide opportunities to public/private partnerships, improve pedestrian and bicycle connections along the Santa Ana River, and improve the East/West transit connections between ARTIC and the Anaheim Resort Area. As part of this East/West transit connection, the Applicant is aware the City is studying a Street Car alignment that would provide potential stop(s) within the Project Site. While the City has not made any decisions regarding the alignment, design or system to be employed, the Project can accommodate potential stops in the future, if needed.

The Anaheim Investigator has known for quite some time the streetcar project is part of Anaheim Connects. But the Stadium Master Site Plan is the first “official” document that has made this information public. The link to Anaheim Connects on the city’s website says nothing about streetcars and only talks about mass transit in terms of vague generalities.

The logo for Anaheim Connects

Nobody should be surprised SRB Management LLC was aware of this study. Representatives from the Angels have been active participants in Mayor Sidhu’s Transit Options Task Force since its inception. For example, records show that Brian Sanders, Senior Director of Ballpark Operations, attended one of their meetings in February 2020.

Furthermore, a new chain of emails recently obtained by The Investigator suggest city staff were eager to share updates about the streetcar project not only with the Angels, but with Jeff Flint, CEO of FSB Public Affairs. Quarterly reports filed with the Office of the City Clerk make it clear Flint is a registered lobbyist for SRB Management LLC.

For matter of record, a city official told The Investigator late last year nothing has been finalized as of yet. Indeed, we reported in early March that the City of Anaheim is also exploring the possibility of using an aerial gondola system instead of a network of streetcars to shuttle tourists between the Platinum Triangle and Anaheim Resort.

Regardless of what the case may be, there is circumstantial evidence that Anaheim Connects will still include a streetcar. At bare minimum, a line may be built that travels east and west along Katella Avenue, from ARTIC to Harbor Boulevard. However, the size and scope of any such project will ultimately be determined by the level of government funding.

Santa Ana-Based Advertising Firm Hidden Force Behind Chamber-Backed Group Anaheim First

Tony Serna, Vice-President of Agency 51, a Santa Ana advertising firm that has been a hidden force behind Anaheim First.

By DUANE ROBERTS
Editor & Publisher

Much has been written about Anaheim First, the faux grassroots organization which, according to legal documents filed with the California Secretary of State in 2019, is controlled by Todd Ament, President and CEO of the Anaheim Chamber of Commerce. But very little, if anything, has been said about another entity that has been a hidden force behind it.

If you have ever seen Anaheim First’s full page ads in a newspaper, a slick mailer inviting you to attend one of their town hall forums, or observed members wearing those proverbial blue shirts, you saw the handiwork of Agency 51, an advertising firm located in downtown Santa Ana, literally a block away from the Ronald Reagan Federal Building and Courthouse.

Contrary to what is publicly known, Anaheim First made its debut, at least unofficially, on August 3, 2017 when Tony Serna, Vice-President of Agency 51, registered the domain “AnaheimFirst.com” using his name and his firm’s Santa Ana business address, email, and phone number. Records show this domain was later transferred to Visit Anaheim in 2018.

Message posted to Agency 51’s Facebook page.

But Serna does more than just run Agency 51. Not only was he a founding member of the Anaheim First Advisory Council in District 6, but he sits on the Board of Directors of the Anaheim Chamber. According to IRS Form 990 filings compiled by ProPublica, a non-partisan investigative journalism website, Serna has served on the latter body at least since 2013.

On its LinkedIn page, Agency 51 describes itself as a “full-service integrated marketing communications agency with offices in Orange County, CA, specializing in implementing complex, strategic advertising programs.” Founded as a partnership in 2001, it has two offices nationwide: one in Santa Ana and another in Philadelphia, Pennsylvania.

Anaheim First is not the only major project Agency 51 has been involved with. It has an impressive list of past and present clients, including Comcast, Cox Communications, Disney’s Grand Californian Hotel, House of Blues Anaheim, and the Muzeo Museum and Cultural Center. Furthermore, the firm has done some work for the Anaheim Family YMCA.

Agency 51 boasting about Anaheim First on its website.

Because of the COVID-19 pandemic, Anaheim First was reinvented as a marketing tool to help local restaurants, microbreweries, wine bars, and other businesses survive the economic downturn. For months, residents have seen ads on social media sites, much like the one on Agency 51’s YouTube page, offering discounts for food, drink, and other items.

However, as more people get vaccinated and life returns back to “normal,” it will undoubtedly revert to its original form. At the March 23rd meeting of the Anaheim City Council, Mayor Harry Sidhu reaffirmed his commitment to the Chamber-backed group. He is up for re-election next year. Given Anaheim First is stacked with his allies, he’ll need all the support he can get.

‘Express Gondola Service’ Being Considered to Carry Tourists to Disney Theme Parks, Convention Center

The Disney Skyliner aerial gondola system at Walt Disney World in Florida connects EPCOT, Disney’s Hollywood Studios, and several large hotels.

By DUANE ROBERTS
Editor & Publisher

The City of Anaheim is considering an aerial gondola system that would carry tourists to Walt Disney theme parks and the Anaheim Convention Center, according to a copy of a seven-page document The Anaheim Investigator obtained through a California Public Records Act request. The document in question, entitled “Anaheim Resort Mobility Plan–Key Recommendations,” reflects a radical departure from what was previously reported: that the city was primarily focused on building a network of streetcar lines to connect the Platinum Triangle and Anaheim Resort.

Though this document mostly consists of mundane proposals to ease traffic congestion, it contains a startling revelation. On the first page, under the subheading “Transit,” one key recommendation is to create an “Express Gondola Service–two routes from ARTIC,” the city’s main bus and train terminal. The first route would “align with Disney Way and potentially connect to the proposed pedestrian bridge at Harbor/Disney,” a stop within walking distance of Disneyland and California Adventure theme parks. The second would “provide access to the convention center.”

A map that was included, entitled “Transit Recommendations Overview” and marked “DRAFT,” is also revealing. Not only does it offer a visual representation of where two routes of the proposed aerial gondola system would go, but it mentions “Planned Streetcar Stops” without showing where that line will be. But The Investigator believes, based on circumstantial evidence, that the streetcar is being referred to euphemistically as the “Potential At-Grade Transit Connection.” It would travel east and west along Katella Avenue, from ARTIC to Harbor Boulevard.

Map shows two routes of the proposed aerial gondola system.

Last month, The Investigator reported that it obtained about 1,000 pages of internal documents showing Mayor Harry Sidhu quietly resurrected the controversial Anaheim Rapid Connection streetcar project that was shelved by the previous mayor in 2017. In the dozens of emails, memos, invoices, meeting agendas, maps, and audiovisual presentations that were reviewed, most discussions focused on using streetcars to shuttle tourists and workers between the Platinum Triangle and Anaheim Resort. There was little talk about aerial gondola systems.

But cryptic references to it have popped up here and there. For example, at the March 5, 2019 “State of the City” address, when Mayor Sidhu announced he was setting up a Transit Options Task Force, he said the city should explore new transit technologies, pointing out that in Florida “Disney is testing gondola systems to connect hotels to theme parks.” Furthermore, internal emails show city staff has communicated with Fehr & Peers, a consulting firm that worked on a “feasibility study” for the Georgetown-Rossyln Gondola project in Washington, D.C.

The Georgetown-Rossyln Gondola project in Washington, D.C.

Because of the COVID-19 pandemic, all discussions about transit options to connect the Platinum Triangle and Anaheim Resort either slowed down or were put on hold. Everything came to a standstill late last year when the U.S. Department of Transportation rejected a request by city staff for $2.379 million in BUILD grant program funds to pay for planning of a streetcar. Nevertheless, as more people get vaccinated and life returns to “normal,” this matter will soon come back to life. But for now, we know that streetcars aren’t the only things being planned for.

Internal Documents Show Mayor Quietly Resurrected Controversial Anaheim Streetcar Project

This image has an empty alt attribute; its file name is streetcar.jpg

A streetcar line currently being built in Tempe, Arizona was used as a “case study” for one that could travel along Katella Avenue.

By DUANE ROBERTS
Editor & Publisher

In 2019, while hundreds of local residents were fixated with the pending sale of the Anaheim Stadium to Arte Moreno, the billionaire owner of the Angels baseball team, roughly 1,000 pages of internal documents obtained by The Anaheim Investigator during a year-long investigation show Mayor Harry Sidhu quietly resurrected the controversial Anaheim Rapid Connection streetcar project that was shelved by the previous mayor in 2017.

The documents in question, all of which were obtained through multiple California Public Records Act requests, consists of dozens of emails, memos, invoices, meeting agendas, maps, and audiovisual presentations which detail a robust discussion about transit options to connect the Platinum Triangle with the Anaheim Resort, mostly emphasizing the use of streetcars to shuttle tourists and workers from one location to another.

The revival of this project was set into motion shortly after Mayor Sidhu announced at his “State of the City Address” in March 2019 he was setting up a Transit Options Task Force to explore various ways of linking the two areas together. At the time, a public statement was issued denying the mayor was bringing back plans for “a street car linking the Platinum Triangle and the resort.” though documents reviewed by The Investigator suggest otherwise.

Lobbyists called the mayor’s task force by a different name.

But before any work could begin, the city council needed to pass a resolution supporting a new “study of a transit connection between the Anaheim Resort and the Platinum Triangle” and rescind two previous ones that expressed “opposition to a street car system,” which was done at their June 4th meeting. Then in late September, city staff secured $350,000 in funding from the Anaheim Tourism Improvement District to pay for consultants.

Kittelson & Associates, Inc., the same firm that worked on the “previous version of the Anaheim Rapid Connection (ARC) project,” was retained as lead consultant. “The City is current [sic] revisiting the former ARC streetcar project,” wrote Tim Erney, one of their employees, in a December 2, 2019 email. “Based on conversations with City staff … trackless streetcar and battery-powered streetcar were identified as the options for further review.”

A slide from a presentation comparing buses and streetcars.

Between November 2019 and February 2020, Kittelson prepared several memos and audiovisual presentations for the Transit Options Task Force, closely coordinating their efforts with vendors like Alstom, BYD, Van Hool, and TIG/m–companies that are either involved in manufacturing streetcars, “battery-powered rail vehicles,” or offer “rubber-tire vehicles that may be comparable in appearance and functionality to [a] trackless streetcar.”

Despite the fact the COVID-19 pandemic seriously disrupted the ability of the City of Anaheim to operate, Mayor Sidhu’s Task Force set up “street car subcommittees” and met online at least until August. Furthermore, city staff submitted a BUILD Grant proposal to the U.S. Department of Transportation in May for $2.379 million in funds to pay for planning of a streetcar, a request that was ultimately rejected by the Trump administration.

One city official The Investigator spoke with regarding these matters said everything has been put on pause due to the coronavirus and nothing has been settled on as of yet. Indeed, recent documents suggest support has wavered for a streetcar system as elaborate as the ill-fated ARC project was. Nevertheless, there still seems to be backing for a line that would travel along Katella Avenue, from ARTIC to the Anaheim Resort.

Fair Political Practices Commission Says Mayor Can Participate in Vote to Legalize Cannabis Businesses

rohan-harish

Rohan Sidhu (left) stands next to his father, Harry Sidhu, the night he was sworn in as mayor of Anaheim in December 2018.

By DUANE ROBERTS
Editor & Publisher

Kevin Cornwall, Counsel for the Legal Division of the Fair Political Practices Commission, has notified City Attorney Robert Fabela that Mayor Harry Sidhu “may take part in the upcoming City Council decisions related to the regulation of cannabis distribution, manufacturing, cultivation, and retail sales” within the City of Anaheim because the “facts” show he currently does not “share his son’s economic interests.”

Cornwall’s opinion, including the legal rationale behind it, is contained within a three-page letter dated May 27th and was issued in response to a “Request for Formal Advice” Fabela sent to the commission twelve days earlier. Fabela wanted to know whether Mayor Sidhu’s adult son’s involvement in the cannabis industry precluded him from voting on related matters coming before the council at the June 9th meeting.

City Attorney Letter Re Sidhu 051520 p1

The text of Fabela’s missive is as follows:

As City Attorney for the City of Anaheim, I am seeking an immediate Formal Advice letter from the Fair Political Practices Commission (FPPC) on behalf of Anaheim Mayor Harry S. Sidhu, P.E. This request concerns two related decisions that will be before the Anaheim City Council on June 9, 2020, involving the proposed regulation of cannabis distribution, manufacturing, and cultivation in the City of Anaheim. Cannabis is currently banned in the City of Anaheim for all purposes. Mayor Sidhu’s adult son provides consulting guidance in the cannabis industry in Orange County, California, and the Mayor wishes to take every precaution to confirm that no conflict of interest exists that prevents him from participating in these decisions.

The Mayor’s son, Rohan S. Sidhu, is 23 years old and lives at home in the Mayor’s house, which is located in the City of Anaheim. The Mayor claims Rohan as a dependent, pays for utilities, food, and other amenities for the entire household, including Rohan, and receives no rent or other payments in return. While Rohan has no immediate plans to move out of the house, he is contemplating such a move before the end of the year.

Rohan started a small business in 2018 to provide ‘engineering consulting’ to individuals and businesses working in the cannabis industry. In general, he provides guidance on starting and operating cannabis businesses, with a specialization in consulting on the process of obtaining state licenses issued by the Manufactured Cannabis Safety Branch and Bureau of Cannabis Control, among other licensing agencies. He does not manufacture or distribute cannabis himself, nor does he profit directly from the manufacturing and distribution of cannabis by his consulting clients. Rohan also has no intent to provide any consulting guidance to cannabis businesses which may at any time be authorized to legally operate in the City of Anaheim.

Mayor Sidhu has never held any ownership interest in his son’s business. He has not invested in the business or made loans or gifts of money to his son that were used in the business.

The Anaheim City Council will soon face two decisions that could result in the regulation and taxation of cannabis manufacturing, distribution, cultivation and retail sales within the City. The first is an ordinance that would repeal existing Anaheim Municipal Code chapters banning cannabis use and adding chapters regulating cannabis distribution, manufacturing, cultivation and sales. The second is a City Council Resolution approving a ballot measure that would place a cannabis tax before the voters at the next general election, which requires a two-thirds vote of the City Council under the City’s Charter. If passed, the first item (the regulation ordinance) will only take effect if the voters actually approve a cannabis tax at the November 2020 general election.

Thus, Mayor Sidhu’s request is for immediate advice as to whether his relationship with his adult son, and particularly his provision of financial support to his son in the form of room, board and other amenities, creates a conflict of interest that prevents the Mayor from voting on an ordinance amending the Anaheim Municipal Code to allow regulation of cannabis, or a resolution adding a cannabis tax to the November 2020 ballot.

Because this matter will be on the Council’s June 9, 2020 agenda, we ask that you provide an advice letter before that date…

In the letter that Cornwall typed in response, he carefully reviewed the “facts” as Fabela laid them out, and then gave his opinion as to how the Political Reform Act (hereinafter referred to as the “Act“), the main state law that deals with issues pertaining to conflicts of interest among public officials, would be applied in Mayor Sidhu’s case.

FPPC Letter Re Sidhu 052720 p1

In his analysis, he wrote:

Under Section 87100 of the Act, ‘[n]o public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.’ ‘A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family,’ or on certain specified economic interests. (Section 87103.) Among those economic interests is any source of income aggregating five hundred dollars ($500) or more in value provided or promised to, received by, the public official within 12 months prior to the time when the decision is made. (Section 87103(c).)

Section 82029 defines the term ‘immediate family’ to include an official’s ‘spouse and dependent children.’ The term ‘dependent children,’ in turn, is defined by Regulation 18229.1 to mean ‘a child… of a public official who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal tax return.’ Although Mayor Sidhu claims his son Rohan as a dependent for tax purposes, Rohan is over the age of 18 years old and, thus, is not considered a ‘dependent child’ or ‘immediate family’ for conflict of interest purposes under the Act. Additionally, given that Rohan has not made rent payments or similar payments to Mayor Sidhu, he also does not qualify as a source of Mayor Sidhu’s income.

Accordingly, the provided facts do not indicate that Mayor Sidhu has any economic interest implicated under the Act …

However, Cornwall stated that “in the future, if Rohan were to qualify as a source of income, such as by making rent payments, Mayor Sidhu would have an economic interest in him. In such a scenario, Mayor Sidhu would generally be prohibited under the Act from taking part in governmental decisions that would have a reasonable foreseeable, material financial effect on Rohan.”

Cornwall warned Fabela early on his advice “is limited to the provisions of the Act. We cannot provide any advice regarding other conflict interest provisions that may apply, including common law conflict of interest…” Furthermore, he added “any advice we provide assumes your facts are complete and accurate” and that if those “facts” change, “you should contact us for additional advice.”

Downloadable PDF copies of Fabela’s and Cornwall’s correspondence can be found by merely clicking here and here.

Anaheim Chamber of Commerce Behind Efforts to Legalize Cannabis Businesses Says Interim City Manager

Greg Garcia

Greg Garcia, Interim City Manager, speaks about the proposed ordinance to legalize cannabis businesses during a Zoom townhall forum.

By DUANE ROBERTS
Editor & Publisher

At a Zoom townhall forum that Dr. Jose Moreno, councilman for District 3, hosted on Monday, May 11th, Greg Garcia, the Interim City Manager, told the online audience that the Anaheim Chamber of Commerce was behind efforts to legalize cannabis businesses within the City of Anaheim.

Revelations about the Chamber’s role in this matter, which up until now has been kept hidden from the public, was brought to the forefront by questions The Anaheim Investigator posed to Garcia during the forum. The Investigator specifically wanted to know who helped craft the proposed cannabis ordinance.

“We did put together a team internally of city staff and we also utilized some consultants to help us with the drafting and looking into other jurisdictions and run an analysis for us,” Garcia replied.

But he further added:

Also, to go back to the beginning, I think a lot of this came about because of a local task force that was put together by the Chamber that worked with hoteliers and others and businesses in Anaheim that were afraid that cannabis was going to be thrust upon us by the industry and therefore I think they took the time to think about if we were to do it in an Anaheim way, how would we do it, and then they shared that information I guess with some council members, and with us, and then council then directed us to continue looking at that and figuring out the best way to do it, Anaheim way….

The video of the May 11th townhall forum, which lasted about an hour and fifteen minutes, is available on Councilman Moreno’s Facebook page and can be viewed here or in the link below:

Mayor Voluntarily Recuses Himself From City Council Pot Decision Citing ‘Appearance of Conflict’

Harry Sidhu

Mayor Harry Sidhu listens to public comments at a meeting of the Anaheim City Council sometime in December 2019.

By DUANE ROBERTS
Editor & Publisher

Mayor Harry Sidhu voluntarily recused himself from participating in last night’s city council meeting discussion on whether or not cannabis businesses should be legalized to operate within the City of Anaheim.

In a brief statement, Sidhu said:

Next item on the agenda is item #23 is an ordinance of the city council for the municipal code for cannabis distribution. This particular item I had great discussion with my city attorney. I took the claims of conflict of interest very seriously and worked with our city attorney on this issue. While he advised that there is no conflict of interest under the FPPC regulation, I feel it is important to not create even an appearance of conflict, thus in an abundance of caution, [I’m] recusing myself from this item ….

Days before the meeting, The Anaheim Investigator published a series of articles about Rohan Sidhu, the mayor’s 23-year old son, pointing out he runs a firm that offers “design and operational consulting for the legal cannabis industry.”

Furthermore, The Investigator acquired a copy of Rohan’s latest voter registration form from the Orange County Registrar of Voters, where he listed his father’s four-acre estate in Anaheim Hills as being his primary residence.

Despite a robust debate at last night’s city council meeting about legalizing cannabis businesses, no action was taken. The matter was continued until June 9th where, presumably, Mayor Sidhu will voluntarily recuse himself again.

Mayor Might Have to Recuse Himself From Pot Decision Because Son is Registered to Vote at Father’s Estate


Rohan & Harry II

Rohan Sidhu (far left) watches his father, Harry Sidhu, being sworn in as mayor of Anaheim on Tuesday December 4, 2018.

By DUANE ROBERTS
Editor & Publisher

Rohan Sidhu, the 23-year old son of Mayor Harry Sidhu, lists his father’s four-acre estate in Anaheim Hills as being his primary residence, according to a copy of his most recent voter registration form The Anaheim Investigator obtained from the Orange County Registrar of Voters last week. The form in question, an affidavit filed on May 8, 2015 and signed under penalty of perjury by Rohan himself, states that “145 S. Vista Grande” is his “home address.” Documents in the possession of the Orange County Clerk-Recorder show this property is owned by Mayor Sidhu.

The fact Rohan still maintains his father’s home as his primary residence raises concerns about whether or not Mayor Sidhu can legally participate in any upcoming discussions or votes on the legalization of cannabis businesses within the city. As The Investigator previously reported, Rohan is a “pot entrepreneur.” Not only does he run a firm called RSSC LLC that offers “design and operational consulting for the legal cannabis industry,” but he boasts that he helped set up “OC’s largest Type 6 cannabis oil Extraction and Distillation facility” in the City of Costa Mesa in 2018.

Voter Registration Form -- Rohan Sidhu II

The Mayor Might Have to Recuse Himself From Pot Decision

The California Political Reform Act of 1974–the main state law which deals with issues pertaining to “conflict of interest”–makes it perfectly clear: Public officials are prohibited from making, participate in making, or using their official position to influence any government decision in which they have a financial interest. A public official has an interest in a decision if it is “reasonably foreseeable” the decision will have a “material financial effect” on one or more of their interests.

According to Regulation 18703.5, one such interest a public official has is in their “personal finances” and those of their immediate family. A government decision will have an effect on this interest if the decision will result in personal expenses, income, assets, or liabilities of the official or their immediate family increasing or decreasing. The law, however, defines “immediate family” as being the spouse and any dependent children–meaning children who are below 18-years of age.

But the issue here is not that Rohan is Mayor Sidhu’s son, but how any government decision the latter makes might affect his “personal finances.” The fact Rohan lists his father’s home as his primary residence suggests he lives there. Because he is a cannabis business consultant, he could profit from any decision his father makes to legalize them. As a result, Mayor Sidhu’s “personal finances” could be affected in that his son might be in a better position to help him defray the costs of living on his estate.

The Investigator Reaches Out to Lyster, Sidhu, and Mezzacappa

The Investigator contacted Mike Lyster, Chief Communications Officer for the City of Anaheim, and asked him about how City Attorney Robert Fabela might feel about this matter and if Mayor Sidhu would be required to recuse himself from any discussions or votes on the legalization of cannabis businesses. “Should this item come before the Council, we would expect Anaheim’s city attorney to offer any guidance as relevant and appropriate,” he replied.

The Investigator also sent emails to Mayor Sidhu and Annie Mezzaccapa, his Chief of Staff, asking them for confirmation that Rohan lives with the mayor on his four-acre estate; if he intends to release an “official statement” about his “son’s ties to cannabis businesses in the interest of full public disclosure,” and; if he will be “recusing himself” from “city council discussions or votes that address the issue of legalizing cannabis businesses.” So far, none of them have responded.

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