Anaheim — 2023-06-13

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Section 54956.9 of the California Government Code)\nName of Case: Rulon v. City of Anaheim, Orange County Superior Court Case No. 30-2021-\n01191789

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Section 54956.9 of the California Government Code)\nName of Case: McGlown v. City of Anaheim, Park Viridian Apartments, Bex Portfolio, LLC, et.\nal., Orange County Superior Court Case No. 30-2021-01209440

3. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION\n(Subdivision (d)(1) of Section 54956.9 of the California Government Code)\nName of Case: Security National Insurance Co. v. City of Anaheim, United States District\nCourt Case No. 8:20-cv-00518-JVS (ADSx)

10. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to\nissue a purchase order to Republic EVS, in the amount of $299,025.47 plus applicable taxes\nand fees, for two Medix ambulances for the Anaheim Fire & Rescue Department.

11. Waive the requirements of Council Policy 4.0 and approve an agreement with Superior Property\nServices, Inc., in an amount not to exceed $1,801,440 per year, for graffiti removal services for\na two year term with three one-year optional renewals; and authorize the Purchasing Agent to\nexercise the renewal options.

12. Award the construction contract to the lowest responsible bidder, Hot Line Construction Inc., in\nthe amount of $25,615,978.27 plus a 10% contingency, for the construction of Underground\nDistrict No. 66 Beach Boulevard Project; authorize the Director of Public Works to execute the\ncontract and related documents and to take the necessary actions to implement and administer\nthe contract; and the Finance Director to execute the Escrow Agreement pertaining to contract\nretentions.\nAuthorize the Public Utilities General Manager, or designee, to execute the Facilities\nRelocation Agreement with Southern California Edison (SCE); pay the estimated sum of up to\n$2,000,000 plus a 20% contingency to reimburse SCE for its electrical construction and\nassociated cost of materials as part of undergrounding its facilities; approve related documents\nand take the necessary actions to implement and administer the agreement; amend Anaheim\nPublic Utilities’ Fiscal Year 2022/23 Electric Capital Improvement Program budget by\n$25,615,978.

13. Approve Workforce Innovation and Opportunity Act (WIOA) agreements for the provision of\noccupational skills training each for a term expiring on June 30, 2025, and authorize the\nDirector of Housing and Community Development to execute and the Workforce Development\nManager, or designee, to administer the agreements with the following contractors and their\nrespective amounts; 1) WIOA agreement in an amount not to exceed $50,000 (E. Cubics LLC,\ndba QBICS Career College); 2) WIOA agreements each in an amount not to exceed $75,000\n(American Career College, Inc., KD Education, LLC, dba Healthstaff Training Institute, QPE\nTechnical Institute, Inc., and United Education Institute, dba UEI College); 3) WIOA agreement\nin an amount not to exceed $100,000 (Brownson Technical School, Inc.) and 4) WIOA\nagreements each in an amount not to exceed $150,000 (America Truck Driving School, Inc.\nand Career Development Solutions, LLC, dba Career Development Solutions).\nApprove California Work Opportunities and Responsibility to Kids (CalWORKs) agreements for\nthe provision of occupational skills training each for a term expiring on June 30, 2025, and\nauthorize the Director of Housing and Community Development to execute and the Workforce\nDevelopment Manager, or designee, to administer the agreements with the following\ncontractors and their respective amounts; 1) CalWORKs agreement in an amount not to\nexceed $50,000 (QPE Technical Institute, Inc.); 2) CalWORKs agreement in an amount not to\nexceed $75,000 (American Career College, Inc.); 3) CalWORKs agreements each in an\namount not to exceed $100,000 (America Truck Driving School, Inc., Career Development\nSolutions, LLC, dba Career Development Solutions, and United Education Institute, dba UEI\nCollege); and 4) CalWORKs agreement in an amount not to exceed $150,000 (E. Cubics LLC\ndba QBICS Career College).\nlocal.anaheim.net/docs_agend/questys_pub/37773/Agenda.html 4/9\n6/9/23, 12:50 PM local.anaheim.net/docs_agend/questys_pub/37773/Agenda.html

14. Approve the First Amendment to Professional Services Agreement with NMAI LLC to: i) modify\nthe entity name from NMA Inspections LLC to NMAI LLC as recorded with the California\nSecretary of State; ii) incorporate two additional one year renewal terms, extending the\npotential termination date to June 30, 2026; iii) increase the maximum compensation to\n$1,314,000 to incorporate funding for the additional two one-year extensions, the increase in\nthe administrative fee per inspection, and increase in the volume of work; iv) remove the\nannual compensation limit for work performed during Fiscal Year 2021/22 that exceeded the\nannual limit by $11,271; and authorize the Director of Housing and Community Development,\nor designee, to execute the amendment.

15. Approve the Memorandum of Understanding (MOU) with the County of Orange and the Cities of\nIrvine and Santa Ana for homeless housing, assistance and prevention commitment to\npartnership; authorize the City Manager, or designee, to execute the MOU and take the\nnecessary actions to implement activities to coordinate homelessness housing interventions\nand supportive services in the region consistent with the guidance issued by the State of\nCalifornia’s Interagency Council on Homelessness under the Homeless Housing, Assistance\nand Prevention Program.

16. Approve a Notice of Intent with the County of Orange, in an estimated cost of $4,845,736, for\nanimal care and shelter services for the period of July 1, 2023 through June 30, 2024.

17. Approve the Joint Participation Agreement with the City of Fullerton, in an amount not to exceed\n$173,413.50, for the construction, inspection and administration of the Brookhurst Road at SR-\n91 street rehabilitation, and authorize the Director of Public Works, or designee, to execute the\nagreement and related documents, and to take the necessary actions to implement and\nadminister the agreement.

18. Approve the Professional Services Agreement for as-needed solid waste consulting services\nwith four consultants and such other consultants as may be prequalified during the term of the\nagreement; each with a not to exceed contract award amount of $1,000,000 per fiscal year,\neach for a three-year term with two one-year optional renewals; authorize the Director of Public\nWorks, or designee, execute the agreements and related documents and to take the necessary\nactions to implement and administer the agreements, including any term extensions; and\nauthorize de minimis changes that do not substantially change the terms and conditions of the\nAgreements, as determined by the City Attorney (EcoNomics, Inc.; HF&H Consultants, LLC.;\nMSW Consultants, Inc.; Stearns, Conrad and Schmidt Consulting Engineers, Inc.).

19. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM approving a Letter of Understanding between the Anaheim Police Management\nAssociation and the City of Anaheim concerning pay adjustments as negotiated under the\ncurrent Memorandum of Understanding ending June 30, 2025 [modifying the December 27,\n2019 through June 30, 2025 Memorandum of Understanding].

2. Approve recognitions recognizing the Canyon High School Comanches Baseball team on\nwinning the CIF Southern California Division IV Regional Championship, Hardin Honda for their\ngenerous donation of a vehicle to a family in need, and five scholarship recipients of the\nAnaheim Public Utilities Scholarship Program.

20. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM ratifying the execution of an amendment to a Memorandum of Understanding\nwith the County of Orange extending the contract term for one year and the acceptance of\nfunding on behalf of the City of Anaheim for the Juvenile Justice Crime Prevention Act (JJCPA),\nand authorizing the Chief of Police or his designee to execute all required documents [contract\nextension from July 1, 2023 to June 30, 2024].

21. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM identifying the terms and conditions for Anaheim Fire and Rescue personnel\nassigned to an emergency incident and rescinding Resolution No. 2022-026.\nlocal.anaheim.net/docs_agend/questys_pub/37773/Agenda.html 5/9\n6/9/23, 12:50 PM local.anaheim.net/docs_agend/questys_pub/37773/Agenda.html

22. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM approving a cooperative fire protection agreement with the California\nDepartment of Forestry and Fire Protection, and authorizing the Anaheim Fire Chief to execute\nthe operating plan and any other documents required in connection with that agreement (for\nwildland fire protection, in an amount not to exceed $155,226.71, for the term July 1, 2023 to\nJune 30, 2024).

23. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM accepting certain deed conveying to the City of Anaheim certain real property or\ninterest therein [City Deed No. 12725 adjacent to 2000 East Gene Autry Way, Anaheim CA\n92806, APN: 232-011-35, 37, 43, and 53].\nApprove an Offer and Agreement to Purchase Real Property with the Orange County Flood\nControl District, in the acquisition payment amount of $200,000, for the purchase of surplus\nreal property for future River Park; and find that the actions are exempt from California\nEnvironmental Quality Act (“CEQA”) pursuant to Sections 15004(b)(2)(A) and 15061(b)(3) of\nthe CEQA Guidelines.

24. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM concerning the status and update of the Circulation Element, Mitigation Fee\nProgram for the Measure M (M2) Program.\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF ANAHEIM concerning the update of the Local Signal Synchronization Plan for the\nMeasure M (M2) Program.\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF ANAHEIM concerning the status and update of the Pavement Management Plan for\nthe Measure M2 (M2) Program.\nAdopt a Seven-Year Capital Improvement Program and authorize staff to submit it to the\nOrange County Transportation Authority (OCTA).

25. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM dedicating certain city-owned property for public street and utility purposes\n(Vermont Avenue & Rose Place Street Dedication).\nAward a Design-Build Agreement to Oltmans Construction Co., in the amount of $8,749,999\nplus a 15% contingency for a total not-to-exceed amount of $10,062,499, and waive any\nirregularities in any of the proposal documents, to design and construct the Sustainability\nEducation Center; authorize Director of Public Works to execute the agreement and related\ndocuments and to take the necessary actions to implement and administer the agreement;\ndetermine the Sustainability Education Center Project is categorically exempt under the\nCalifornia Environmental Quality Act pursuant to Sections 15332 and 15300.2 of Title 14 of the\nCalifornia Code of Regulations (Class 32 – In-fill Development Project); authorize de minimis\nchanges to the agreement that do not substantially change the terms and conditions of the\nagreement, as determined by the City Attorney’s Office; and authorize the Finance Director to\nexecute the Escrow Agreement pertaining to contract retentions.\nApprove Lot Line Adjustment No. LLA2021-00830 and corresponding Grant Deed for the\nProject; and authorize the City Clerk to record the Lot Line Adjustment and Grant Deed in the\nOrange County Recorder’s Office.

26. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY\nCOUNCIL OF ANAHEIM adding Chapter 10.13 (Stormwater Credit Program) of Title 10 (Public\nServices and Utilities) to the Anaheim Municipal Code establishing a Stormwater Credit\nlocal.anaheim.net/docs_agend/questys_pub/37773/Agenda.html 6/9\n6/9/23, 12:50 PM local.anaheim.net/docs_agend/questys_pub/37773/Agenda.html\nProgram and based upon the finding and determination that said ordinance is not subject to the\nCalifornia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3)\nof the State CEQA Guidelines.

28. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY\nCOUNCIL OF ANAHEIM CALIFORNIA, adding Chapter 6.101 (Hotel Worker Protections) to\nTitle 6 of the Anaheim Municipal Code to provide safety and security measures for hotel\nworkers in Anaheim.\nDetermine that the ordinance relates to organizational or administrative activities of\ngovernments that will not result in direct or indirect physical changes in the environment, and\ntherefore is not a project within the meaning of the California Environmental Quality Act\n("CEQA") and the State CEQA Guidelines, Section 15378(b).\nMOTION:

29. Receive and file a report on the fiscal impact of the proposed Hotel and Event Center Minimum\nWage, Worker Retention, and Hotel Worker Safety and Workload Initiative.\nMOTION:

3. Veto any proposed amendments to the Anaheim Ridge Estate Owners Association Declaration\nof Covenants, Conditions and Restrictions and Reservation of Easements that shift slope\nmaintenance and repair responsibilities from said Association to each of the respective owners\nand or impact the health and safety of the public at large; and direct the City Attorney’s Office to\nprepare a formal letter for the Mayor to sign, exercising the City’s power to veto in the event\nsaid proposed amendment is approved by members of said Association.

30. Following the receive and file of the fiscal impact report of the proposed Hotel and Event Center\nMinimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative\n(“initiative”) pursuant to California Elections Code Section 9212, the City Council shall take one\nof the two courses of action:\ni) Adopt the initiative ordinance, without alternation; or\nii) Direct staff to prepare a resolution for adoption at the June 27, 2023 Council meeting,\nsubmitting the initiative measure to a vote by the electorate of the City, pursuant to\nCalifornia Elections Code Section 1405.\nMOTION: ______________

31. District 2 appointment to the Budget, Investment and Technology Commission to a term ending\nDecember 31, 2026; District 3 appointment to an unscheduled vacancy to the Community\nServices Board to a term ending December 31, 2026; and District 6 appointments to two\nunscheduled vacancies to the Youth Commission to terms ending August 31, 2023.\nBudget, Investment and Technology Commission\nDistrict 2 appointment: (December 31, 2026)\nCommunity Services Board\nlocal.anaheim.net/docs_agend/questys_pub/37773/Agenda.html 7/9\n6/9/23, 12:50 PM local.anaheim.net/docs_agend/questys_pub/37773/Agenda.html\nDistrict 3 appointment: (December 31, 2026)\n(Unscheduled Vacancy)\nYouth Commission\nDistrict 6 appointment: (August 31, 2023)\nDistrict 6 appointment: (August 31, 2023)\nREPORT ON CLOSED SESSION ACTIONS:\nPUBLIC COMMENTS (non-agenda items):\n(opened only if any remaining non-agenda speakers were not called to speak during the first Public\nComment period)\nCOUNCIL COMMUNICATIONS:\nCOUNCIL AGENDA SETTING:

4. Approve the Anaheim Workforce Development Board Recertification Request under the\nWorkforce Innovation and Opportunity Act for Program Years 2023-2025 and direct staff to\nsubmit the Recertification Request to the State of California.

5. Approve and adopt the proposed Anaheim Public Utilities 2023 Wildfire Mitigation Plan\n(Proposed Plan) and authorize the Public Utilities General Manager, or designee, to take the\nnecessary actions to implement and administer the related actions or activities including the\nsubmission of the Proposed Plan to the California Wildfire Safety Advisory Board; and\ndetermine that the programs and projects referenced in the Proposed Plan are categorically\nexempt from the California Environmental Quality Act pursuant Sections 15301, 15302, 15303,\nand/or 15304 of Title 14 of the California Code of Regulations.

6. Accept the bid from I Color Printing & Mailing, Inc., in the amount of $144,040 plus a 20%\ncontingency and applicable tax, to print multiple issues of the quarterly Anaheim Magazine for a\none year period with up to four one-year optional renewals; and authorize the Purchasing\nAgent to execute the renewal options in accordance with Bid #9677.

7. Accept the bid from The Jankovich Company, LLC, in the amount of $105,421.11 plus applicable\ntax, to provide automotive lubricants on an as-needed basis for Fleet Services for a one year\nperiod with four one-year optional renewals; and authorize the Purchasing Agent to execute the\nrenewal options in accordance with Bid #9692.

8. Authorize the Purchasing Agent to issue purchase orders, in an amount not to exceed\n$13,646,621 plus applicable taxes, for 86 City vehicles for Fiscal Year 2023/24.\nlocal.anaheim.net/docs_agend/questys_pub/37773/Agenda.html 3/9\n6/9/23, 12:50 PM local.anaheim.net/docs_agend/questys_pub/37773/Agenda.html

9. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to\nissue a master agreement to Siemens Industry, Inc., in an amount not to exceed $500,000, to\nprovide central monitoring of fire and burglar alarms, testing and inspection of security and fire\nlife systems, and as needed repairs for systems at 55 locations throughout the City for a one\nyear period with the option to renew per the terms of the Sourcewell Cooperative Contract\n030421-SIE.