Archive for the category “Cannabis Legalization”

Co-Founder of Weed Retailer Wrote Ballot Measure in 2021 to Legalize Cannabis Businesses in Anaheim

The front entrance to the Catalyst Cannabis Co. retail outlet in Santa Ana which is located right next to the 55 Fwy.

By DUANE ROBERTS
Editor & Publisher

Damian Martin, Esq., co-founder of Catalyst Cannabis Co., an expanding retail chain of “weed stores” with locations in Long Beach and Santa Ana, told The Anaheim Investigator via email he authored a measure in June 2021 that would have put the question of legalizing cannabis businesses before Anaheim voters the very next year had it collected the signatures needed to qualify for the ballot.

In the email, Martin said his firm had “retained the services” of Adam Spiker, vice-president of Spiker Rendon Consulting, Inc., a lobbyist with offices in downtown Los Angeles, to “pursue cannabis policy advancement and licensing through cannabis ballot measures in the L.A. County South Bay, particularly the cities of Redondo Beach, El Segundo, Hermosa Beach, and Manhattan Beach.

“However as also widely reported the South Bay projects began to go very poorly,” he typed. “[T]he cities were very opposed to us and our approach, and there were internal disagreements on project strategy, and, as a result, there was a falling out between Catalyst and Spiker Rendon, such that by March 2022, Catalyst and Mr. Spiker / Spiker Rendon were no long actively working together.”

Damian Martin.

“Prior to the falling out, Anaheim was a city that Catalyst was planning to pursue cannabis policy advancement and licensing with Adam Spiker / Spiker Rendon as our consultant using the ‘South Bay Model’, i.e., through a ballot measure…. I was asked by Mr. Spiker to draft (and then drafted) the initial version of what became ‘The Anaheim Cannabis Regulation and Land Use Measure’ in June 2021.”

Martin said that after Catalyst and Spiker parted ways, his firm decided to completely abandon the initiative. “Other than the initial drafting, Catalyst did not play a behind-the-scenes role in trying to get ‘The Anaheim Cannabis Regulation and Land Use Measure’ going,” he said. Furthermore, he emphasized they were “not involved in any political / community coalition building” to support it.

When Martin was asked about a similarly named, albeit differently worded measure the city clerk’s office received from Stacy Silva on October 15, 2021, he said he was unaware of it. Evidence The Investigator has uncovered shows that Silva has been employed as an office clerk at the Buena Park headquarters of United Food and Commercial Workers Local 324 at least since 2009.

By early 2022, Adam Spiker had adopted Martin’s measure as his own. A version of it was submitted to the city clerk’s office by Belal Dalati on March 21st. In an email sent roughly two hours before Dalati dropped by to file the required paperwork, Kenneth G. Spiker, Jr., president and CEO of Spiker Rendon Consulting, Inc., asked a city official if he could call him to discuss “our Anaheim Initiative.”

But it never made it to the ballot. On May 16th, Dalati withdrew the measure at the urging of Paul Kott and Bill Taormina, two prominent businessmen who were anti-pot and opposed to the legalization of cannabis businesses in Anaheim. Taormina would allege in a text message to Councilman Trevor O’Neil that Dalati had been “forced” to file it “by Jeff Flint and other ‘dope deal’ promoters.”

As we first reported, Todd Ament, president and CEO of the Anaheim Chamber of Commerce, Jeff Flint, president of Core Strategic Group, and Mayor Harry Sidhu approached UFCW Local 324 between 2019 and 2020 and cut a deal: that in return for a labor peace agreement in any ordinance they introduced to legalize cannabis businesses, the union was to pressure the council to vote “yes.”

Earlier this month, Adam Spiker declined to speak to The Investigator about this affair citing ongoing “local and federal investigations.” Though we don’t know how he managed to muscle his way into the arrangement the Anaheim Chamber of Commerce made with UFCW Local 324, the Orange County Register reported in May 2022 he had been in close contact with both Ament and Flint.

Strange Bedfellows: UFCW Local 324’s Alliance With The Anaheim Chamber of Commerce to Legalize Cannabis

Ashleigh Aitken speaking at the headquarters of United Food and Commercial Workers Local 324 in November 2018.

By DUANE ROBERTS
Editor & Publisher

In early January, Ashleigh Aitken, the newly-elected mayor of Anaheim, did what many public officials before her had done. She took full advantage of her unfettered access to the city’s vast pool of free tickets to luxury suites at the Honda Center and Angel Stadium and gave a few of them away to supporters who helped put her in office. Several emails show the mayor rattled off names of those she felt deserved them.

Though her abuse of this privilege was modest compared to others who previously served on the council, it was nevertheless significant. According to a Form 802 that Aitken filed on January 8th, she reported giving two tickets worth $350 for a Ducks vs. Bruins game at the Honda Center to Derek Smith, political director of United Food and Commercial Workers Local 324, a union whose headquarters is based in Buena Park.

Derek Smith.

Besides the fact a Form 401 filed with the city clerk’s office reports that Smith was treasurer of an independent expenditure committee which spent $138,155 to help Aitken become mayor in 2022, The Anaheim Investigator has discovered his union has a “secret.” Though not criminal in nature, it’s deeply embarrassing. In fact, some people with intimate knowledge of it are apprehensive to talk about it openly with journalists.

It took The Investigator more than a year to find it, and that was only after painstaking research. However, all the effort put in was well worth it. We have uncovered a story that is not only remarkable, but lends credence to the old adage “politics makes strange bedfellows.” It involves an alliance of people with nothing in common, who were brought together by a shared interest. And it implicates Democrats and Republicans.

Todd Ament, Jeff Flint, and Harry Sidhu.

Reliable sources have told The Investigator that sometime in late 2019 or early 2020, Todd Ament, president and CEO of the Anaheim Chamber of Commerce, Jeff Flint, president of Core Strategic Group, and Mayor Harry Sidhu approached UFCW Local 324 and cut a deal: that in return for a labor peace agreement in any ordinance they introduced to legalize cannabis businesses, the union was to pressure the council to vote “yes.”

Ament, Flint, and Sidhu–sometimes euphemistically referred to as “the cabal”–already had three votes locked up, including Councilman Jordan Brandman’s, who reportedly was one of their point men. But they needed a total of four to get it passed. That’s where UFCW Local 324 came in. They would mobilize members of their union to aggressively lobby any possible holdouts. And indeed, there is evidence this did in fact occur.

In the ordinance that was ultimately drafted–which purportedly was written by Flint–a labor peace agreement was included. And ironically, it was more “pro-labor” than legislation backed by Governor Gavin Newsom in October 2019. Whereas the law Newsom supported required cannabis businesses that have more then twenty employees enter into such an agreement, Anaheim’s proposal only required two, but that they be full-time.

From the proposed ordinance.

Anaheim wasn’t the only city UFCW Local 324 was committed to getting a labor peace agreement. For example, minutes of one Stanton City Council meeting reveal: “Mr. Derek Smith, Political Director, UFCW 324, submitted an e-comment requesting that the City consider the inclusion of ‘Labor Peace’ language that would provide clarity to the cannabis industry and future workers regarding the quality of jobs that are expected from the City.”

The push to legalize cannabis businesses was derailed when The Investigator published articles in May 2020 which revealed Sidhu’s son not only was a pot consultant, but lived on his father’s four-acre Anaheim Hills estate. Though the Fair Political Practices Commission issued a letter clearing the mayor of any potential conflict of interests, one councilman sympathetic to the cannabis ordinance voted “no” because he distrusted Sidhu.

For reasons that aren’t clear, Ament, Flint, and Sidhu abandoned the idea of getting a cannabis ordinance passed by council. The November 2020 election led to Avelino Valencia III and Jose Diaz winning seats. Though backed by Anaheim Chamber of Commerce, they weren’t trusted. And Gloria Ma’ae–who opposed the original ordinance–later replaced Brandman. But in late 2021, a new strategy emerged, thanks to UFCW Local 324.

The Silva petition.

On Friday, October 15, 2021, the Anaheim City Clerk received a letter from Stacy Silva declaring that it was her “intention to circulate a petition” to gather signatures to put an initiative on the ballot entitled “The Anaheim Cannabis Regulation and Land Use Measure.” She filed all the required paperwork and paid a $200 filing fee. Silva instructed the city clerk that all correspondence be sent to her lawyer at his Woodland Hills office.

Evidence The Investigator uncovered shows that Silva, who is a resident of West Anaheim, wasn’t some middle-aged mom off the street who favored cannabis legalization. Public records available online from the U.S. Department of Labor reports that she has been employed as an office clerk at UFCW Local 324’s headquarters in Buena Park at least since 2009. Furthermore, Silva is listed as a “friend” on Derek Smith’s Facebook account.

Silva’s lawyer was Bradley Hertz, an election law attorney who had done work for Ament. A Form 410 filed with the city clerk’s office on September 26, 2018 reveals he was treasurer of an independent expenditure committee called “No on L, a Project of the Anaheim Chamber of Commerce,” which spent $932,053 in an unsuccessful attempt to defeat a measure which raised the wages of workers of hotels that received tax subsidies.

The text of the initiative Silva submitted was mostly a copy of the cannabis ordinance championed by Ament, Flint, and Sidhu in 2020. However, there were exceptions. First, the number of permitted cannabis retailers allowed to operate in the city was increased from from 20 to 30; one single entity could control up to five of them, instead of three. Second, the requirement workers be full-time to qualify for a labor peace agreement was scrapped.

Herein lies the “smoking gun” of UFCW Local 324’s alliance with the Anaheim Chamber of Commerce to legalize cannabis businesses. They first tried to pass an ordinance through the council, but failed. Now there was evidence they were collaborating on a ballot initiative. However, there is a catch. Ament had resigned before Silva filed her paperwork with the city clerk. That begs the question: who took his place?

Regardless of what the case might be, Silva withdrew her initiative on October 28th claiming it needed “minor edits.” Then she submitted a new version on November 22nd, which reinstated the requirement workers be full-time to qualify for a labor peace agreement. But after December 7th, everything stopped. When The Investigator asked City Clerk Theresa Bass what happened, she said Silva didn’t continue the filing process.

The Dalati petition.

Three months later, a new face appeared. Belal Dalati, a local real estate agent, walked into the city clerk’s office on Monday, March 21, 2022 with a letter notifying them it was his “intention to circulate a petition” to gather signatures to put a cannabis initiative on the ballot. Most of the paperwork he filed was identical to Silva’s. He used the same title, preamble, and law firm as a contact. But the text of the initiative was different.

Evidence suggests Dalati had a longtime interest in cannabis. Several emails show Councilwoman Lucille Kring–a close ally of the Anaheim Chamber of Commercepersonally set up a meeting between him, City Manager Chris Zapata, and City Attorney Robert Fabela to discuss this matter. “A friend of mine, who is a businessman in the city, would like to meet with you both about cannabis,” she told them on January 10, 2020.

Unlike Silva’s initiatives, Dalati’s came from Adam Spiker, of Spiker Rendon Consulting, Inc., a cannabis industry lobbyist located in downtown Los Angeles. The initiative he touted was very “pro-labor.” Not only did it drop the requirement workers be full-time to qualify for a labor peace agreement, but a points system was set up to give preferences to applicants of city licenses who had good employee and community benefits plans.

One of Spiker’s former clients was Catalyst Cannabis, a retail chain of “weed stores” with locations in Santa Ana and Long Beach. The workers at all of those outlets were organized by UFCW Local 324. The relationship between this company and the union was so positive they organized law clinics at the latter’s Buena Park headquarters in 2021 to help clean up employee criminal records. One of the attorneys present at the April clinic: Ashleigh Aitken.

Emails show Annie Mezzacappa, Sidhu’s chief of staff, was forwarding updates on how Dalati’s initiative was progressing to her boss, Flint, and Laura Cunningham, the new president and CEO of the Anaheim Chamber of Commerce. When The Investigator questioned Cunningham about this, she said “I am regularly cc’d on emails. I cannot comment on unspecified emails. Please note that I never sat in on any cannabis meetings.”

By May 16th, Dalati changed his mind. At the urging of Bill Taormina and Paul Kott, two local businessman who were opposed to legalizing cannabis businesses, he withdrew his initiative. In a text message Taormina sent to Councilman Trevor O’Neil, he alleged that “Bill Dahlati [sic] was forced into filing the petition by Jeff Flint and other ‘dope dealer’ promoters. He was actually threatened by them not to withdraw the petition ….”

File:Seal of the Federal Bureau of Investigation.svg

On the very same day Dalati yanked his initiative, State Attorney General Rob Bonta announced he was “pausing” an agreement his office made with the City of Anaheim settling a dispute over the state’s surplus land act. The reason? The Federal Bureau of Investigation notified him they were looking into allegations of political corruption in connection with the pending sale of the Angel Stadium to Arte Moreno, an Arizona billionaire.

In the days and weeks that followed, the public would learn–thanks to FBI affidavits released in court filings–this scandal wasn’t just about Sidhu and the stadium deal. At the very heart of it was Melahat Rafiei, a political consultant and Democratic Party operative, who is alleged to have committed various crimes in connection with the Anaheim Chamber Of Commerce’s attempt to legalize cannabis businesses.

However, in writing this article, The Investigator made a decision to mostly stay away from Rafiei. Why did we do this? First, her name didn’t pop up in anything having to do this story. Second, the FBI affidavits that have been released so far offer an incomplete and distorted view of what transpired. Third, the testimony offered in those affidavits are solely focused on proving violations of federal criminal laws. It doesn’t talk about what was legal.

Besides Rafiei, it’s erroneous to presume that everybody who worked along with Ament, Flint, and Sidhu to legalize cannabis businesses broke the law. Nothing can be further from the truth. The reality is, an overwhelming majority of people that ended up being dragged into this affair–including pretty much everybody we mentioned in this article–are innocent of any crimes. They are what we would call “victims of circumstance.”

The Investigator knows despite our good faith efforts to gather accurate information for this article, what we have written isn’t the full story. And it’s possible a few corrections will need to be made as we learn more. But what’s important is we have exposed the biggest “secret” of this scandal: UFCW Local 324s alliance with the Anaheim Chamber of Commerce to legalize cannabis businesses. And it implicates Democrats and Republicans.

The political ramifications of this “secret” are political dynamite. For example, during last year’s election, in order to win the endorsement of the Orange County Register, then-candidate Aitken told the editors “the former mayor and his tightly knit ‘cabal’ were allowed to run roughshod at City Hall, and created a culture of intimidation for staff, management, concerned residents, and the smaller business community.”

What Aitken neglected to mention is UFCW Local 324, a major union of whom she has had close ties to since 2018, was involved in a “pot deal” with the same “former mayor and his tightly knit ‘cabal.'” Though there is no evidence of any criminal wrongdoing, it does vastly complicate things. Maybe she didn’t know about it, but giving $350 worth of city-owned tickets to Smith, their political director, won’t help her in any pleas of innocence.

To further understand the magnitude of her quandary, the very same political director Aitken rewarded with tickets was also the treasurer of an independent expenditure committee which spent $138,155–most of it being UFCW cash–to help her become mayor. The only other group in town that invested almost as heavily in her campaign was the Anaheim Police Officers Association, and they came in a distant second at $92,556.

For matter of record, The Investigator asked for interviews or sent questions out to Belal Dalati, Harry Sidhu, Derek Smith, Stacy Silva, Adam Spiker and others we believed had knowledge about this matter. Most didn’t answer our emails or reply to voice messages. One person declined to speak citing ongoing “local and federal investigations.” Ashleigh Aitken ignored our request for comment on the Anaheim Ducks tickets she gave to Smith.

Democratic Mayoral Candidate Says Campaign Ended Ties With Consultant Under FBI Scrutiny for Alleged Bribes

Ashleigh Aitken (left), Democratic candidate for Anaheim mayor, with Melahat Rafiei (right), owner of Progressive Solutions Consulting, in 2019.

By DUANE ROBERTS
Editor & Publisher

The Anaheim Investigator has discovered that a Form 460 filed by the “Aitken for Mayor 2022” campaign committee reported they made a $10,000 payment to Progressive Solutions Consulting, a firm owned by Melahat Rafiei, a Democratic Party operative who is at the center of a corruption scandal involving cannabis businesses and the Anaheim Chamber of Commerce.

The document in question, which was submitted to the City of Anaheim on January 31, 2022, lists on page 77 that Progressive Solutions Consulting received the cash sometime between July and December of last year. The code used to identify the purpose of the payment is “CNS,” meaning Rafiei was consulting Ashleigh Aitken on her bid to become Anaheim’s next mayor.

In response to several questions The Investigator posed to Aitken about her relationship with Rafiei, the mayoral candidate acknowledged her “campaign contracted with Progressive Solutions Consulting at the end of 2021,” but said “we terminated our relationship with the company in February when Melahat Rafiei informed us that she was the subject of an investigation.”

On Thursday, Rafiei admitted to the Voice of OC she was “CW1,” a cooperating witness mentioned in an affidavit the Federal Bureau of Investigation filed in federal court to support criminal charges against Todd Ament, former president and CEO of the Anaheim Chamber of Commerce. However, she has denied allegations she tried to bribe public officials in the City of Irvine.

Besides being a political consultant, Rafiei also happens to be the co-founder of WeCann, a company based near downtown Santa Ana that boasts itself as a “one-stop shop for cannabis entrepreneurs,” helping them with a wide array of issues ranging from “real estate acquisition and disposition, licensing fulfillment, business and investment consulting, and public advocacy.”

Furthermore, Rafiei, who is a resident of Anaheim Hills, not only is a member of the Cultural and Heritage Commission of the City of Anaheim, but was appointed by Governor Gavin Newsom in September 2021 to serve on the Board of Directors of the Orange County Fair Board in Costa Mesa, a deliberative body of which Aitken has also been a part of since 2012.

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.

Anaheim City Council Push to Legalize Cannabis Businesses Could Make Mayor’s Son a Wealthy Man

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

It almost didn’t happen, but at the end of the April 21st meeting of the Anaheim City Council, just as Mayor Harry Sidhu was making his final closing remarks, Councilwoman Lucille Kring abruptly interrupted him.

“Mis… Mister Mayor, first of all, I forgot to do an agenda item,” Kring interjected.

“O.K., Councilmember Kring. Go ahead,” Sidhu replied, sounding a bit exasperated.

“Really, really, really, really fast,” said Kring.

Then she continued:

Colleagues and members of the public as you may recall a few months ago I asked the staff to work with me to prepare an ordinance for our consideration to legalize cannabis businesses in Anaheim consistent with state law and in the alternative to bring to us a resolution to place the question of cannabis businesses before the voters in November. The work on that project has been slowed down somewhat because of the Coronavirus, but we are back up and running. If I would ask staff to finish up that work on the ordinance and bring it back to us at the next council meeting May the 5th, the ordinance can be reviewed and discussed by the council, and we may choose to adopt it. We may also decide that it is better to let the voters weigh in on this issue. So if the ordinance is not adopted on May 5th, then I’d like it to be ready to bring back on May 12th to put it on the November ballot. Either way, we’ll also need to place a ballot of a local cannabis tax measure so we can do that at a later date….

“I’m asking for a second and a third on my cannabis ordinance, ” Kring stated.

Councilman Jordan Brandman seconded her motion.

“I will do the third, not a problem Councilwoman. I will do the third. So it is agendized,” replied Sidhu.

Up until this moment, nobody has really known exactly what Mayor Sidhu’s opinions have been on the issue of cannabis. But for quite some time now, The Anaheim Investigator has been well aware of what Rohan Sidhu, his 23-year old son, thinks about it. In fact, if the City of Anaheim decides to legalize cannabis businesses, he is well-positioned to get rich from it.

The Mayor’s Son is a ‘Pot Entrepreneur’

Evidence The Investigator has uncovered shows that Mayor Sidhu’s son is a “pot entrepreneur.” Not only does Rohan run a firm that offers “design and operational consulting for the legal cannabis industry,” helping secure licenses for cannabis businesses across the state, but he boasts that he helped set up “OC’s largest Type 6 cannabis oil Extraction and Distillation facility” in 2018.

According to a document Rohan filed with the California Secretary of State on August 6, 2018, he states he is “Chief Executive Officer” of an entity called RSSC LLC, a limited liability company. He describes the type of “business or services” being offered as “Engineering Consulting.” The listed address, however, appears to be a private mail box located at a U.S. Post Office in downtown Los Angeles.

But the information posted on Rohan’s LinkedIn page is more revealing. He states that RSSC LLC was founded in January 2018–not August 2018–as was suggested in the document he filed with the Secretary of State. But to his credit, he goes into detail about what kind of “work” his firm really does: it helps cannabis businesses get their licenses and permits to operate legally.

Below is a reproduction of what Rohan typed:

Founder
RSSC LLC * Full-time
Jan 2018 – Present * 2 yrs 4 mos
Orange County, California Area

Design and Operational consulting for the legal Cannabis industry.
With our team of engineers, architects, attorneys, policy consultants, and designers we can make your cannabis industry dreams come true.

Our team is responsible for securing over 25 MCSB/BCC state issued cannabis licenses, across the state of California.

We can help guide you through State and City licensing processes and procedures for the Cannabis Industry.

We have over 15 client facilities currently operating compliantly, through the state.

We have expertise in Type 6, Type 7, Type N Cultivation Facilities, Distribution/Transportation, Retail, and Testing Lab design/management/compliance.

Consider us your allies through the states venture into legalization, and legislation. We can help interpret CA’s new laws, so you can operate your facilities without worry.

But that’s not all.

Between January and May 2018, Rohan also mentions he was “Co-Founder” of yet another entity called SW Ventures LLC.

Here is what he wrote:

Co-Founder – CTO
SW Ventures LLC * Full-time
Jan 2018 – May 2018 * 5 mos

Costa Mesa

Conception and design of OC’s largest Type 6 cannabis oil Extraction and Distillation facility. Developed a successful CUP application, with supplementary documents, for Costa Mesa City, approved by Planning Commission and City Council with 0 comments/concerns.

Indeed, documents from the Costa Mesa Planning Commission, including one report dated October 15, 2018, make it clear that SW Ventures LLC was seeking

a Conditional Use Permit for a marijuana manufacturing and distribution facility (SW Ventures, LLC) within a 7,178-square-foot tenant space of an existing industrial building. The proposed facility will include ethanol cannabis extraction, distillation, packaging and formulation and distribution of the final product in vaping pens, tablets/capsules, and edibles. Rooms include extraction and distillation, storage and packaging, and ancillary offices. Vehicles used for the distribution of cannabis products will be pulled into a secured area inside the building. The facility will have security systems (card readers, security cameras, etc.) throughout the facility. No cultivation of marijuana, or marijuana dispensary, is permitted.

With respect to Rohan’s ties to this firm, The Investigator couldn’t find his name on any incorporation documents that were submitted to the Secretary of State. However, a Form 460 that was filed with the City of Costa Mesa shows he gave a $249 to the “Figueredo-Wilson for City Council 2018” candidates committee on September 15, 2018. He listed SW Ventures LLC as being his “employer.”

Mayor’s Son Could Become a Wealthy Man

If the city decides to legalize cannabis businesses, Rohan could become a wealthy man. For one thing, “pot entrepreneurs” would flock here to set up operations. They would need a consultant like RSSC LLC to help them navigate the complex legal environment. MedicalJane.com reports firms like his “have been known to charge over $100,000” for their services, even take ownership stakes in cannabis businesses.

Given Anaheim’s historically low electricity rates, easy access to freeways, and large market of consumers–which also includes millions of tourists–it is not inconceivable it could become the “weed capital” of Orange County. Regardless, Mayor Sidhu’s son is well-positioned to get rich from it. And any vote his father makes in favor of legalization of cannabis businesses is a vote to make that possible.

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