Anaheim — 2023-10-17

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\n(Subdivision (d)(1) of Section 54956.9 of the California Government Code)\nName of Case: Jose Martinez v. City of Anaheim, et al., Orange County Superior Court Case\nNo. 30-2023-01303186-CU-PO-NJC

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION\n(Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of\nCalifornia Government Code Section 54956.9): One potential case\n(A copy of the claim against the City is included in the agenda packet and available for review\nby contacting the City Clerk’s Office and on-line electronically with the agenda\nat: www.anaheim.net/councilagendas.)

3. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION\nInitiation of litigation pursuant to paragraph (4) of Subdivision (d) of California\nGovernment Code Section 54956.9: Two potential cases

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION\n(Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of\nCalifornia Government Code Section 54956.9): One potential case\n(A copy of the claim against the City is included in the agenda packet and available for review\nby contacting the City Clerk’s Office and on-line electronically with the agenda\nat: www.anaheim.net/councilagendas.)

10. Approve Professional Services Agreements with eight consultants, each in an amount not to\nexceed $400,000 per Work Order Package and with a total contract amount not to exceed\n$1,000,000 per contract year, for on-call land surveying services to support the Construction\nServices Division of the Public Works Department for a two year term to expire on September\n26, 2025, with the City’s option to extend the agreements for two additional two-year terms\nthrough 2029; authorize the Director of Public Works to execute the agreements and to take\nthe necessary actions to implement and administer the agreements; and authorize de minimis\nchanges that do not substantially change the terms and conditions of the agreements, as long\nas such changes are determined to be de minimis by the City Attorney’s Office (KDM Meridian,\nJohnson-Frank & Associates, Inc., D. Woolley & Associates, Michael Baker International, Inc.,\nHuitt-Zollars, Inc., Fuscoe Engineering, Inc., Towill, Inc. and Guida Surveying, Inc.).

11. Ratify an agreement with Kimley-Horn and Associates, in an amount not to exceed\n$124,873.43, for professional consulting services for the design of the Protected Left-Turn\nPhasing Traffic Signal Improvements Project as executed by the Director of Public Works, and\nauthorize the Director of Public Works, or designee, to take the necessary actions to implement\nand administer the agreement.

12. Approve Cooperative Agreement No. C-3-2751 with the Orange County Transportation Authority\nfor the State Route 91 Improvement Project from State Route 57 to State Route 55 for the City\nto provide staff resources for coordination and support to complete the final design and\nconstruction phase through December 31, 2032; authorize the Director of Public Works to\nexecute the agreement; and increase the Department of Public Works revenue and\nexpenditure budget by $245,000 in the appropriate fiscal year.

13. Approve the Cooperative Agreement and the Right-of-Way Acquisition Agreement with the\nFoothill/Eastern Transportation Corridor Agency (TCA) for the State Route 241/91 Express\nConnector Project for the use of and for the effects of a temporary detour on Santa Ana\nCanyon Road and acquiring a permanent subsurface footing easement; authorize the Director\nof Public Works to execute the agreements; approve a Permanent Subsurface Footing\nEasement (Easement) and authorize the Mayor to execute the Easement and direct the City\nClerk to release the Easement to TCA; and increase the Department of Public Works revenue\nand expenditure budget by $82,881 in the appropriate fiscal year.

14. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM vacating a public utility easement located at 805 East Sycamore Street pursuant\nhttps://local.anaheim.net/docs_agend/questys_pub/39166/Agenda.html 4/7\n10/13/23, 12:40 PM local.anaheim.net/docs_agend/questys_pub/39166/Agenda.html\nto California Streets and Highway Code Section 8330, et seq.- Summary Vacation (ABA2023-\n00422).

15. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM vacating a public utility easement located at 1730 South Clementine Street\npursuant to California Streets and Highway Code Section 8330, et seq.- Summary Vacation.\n(ABA2023-00423).

16. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM adopting a Memorandum of Understanding establishing the terms and\nconditions of employment for employees represented by the International Brotherhood of\nElectrical Workers, Local 47 - Anaheim Part-Time Customer Service Employees Unit [effective\nJanuary 1, 2023 through December 31, 2025].

17. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM for the purpose of creating a non-represented classification, assigning the rate of\ncompensation, amending the Personnel Rules and Policies covering Non-Represented Full-\nTime and Part-Time Employees to update Appendix B, and repealing Resolution No. 2023-084\n[Assistant City Attorney – Confidential].

18. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM authorizing the Director of Community Services or designee (“Director”) to\naccept all grants from KABOOM! on behalf of the City of Anaheim for the installation and\nmaintenance of playground equipment at Peter Marshall Park, authorizing the Director to\nexecute all required grant documents and amending the budget accordingly [City contribution\nin the amount of $150,000; plus authorization of additional funding not to exceed 20% of the\ncontribution amount].\nApprove a Community Partner Agreement with KABOOM! and authorize the Community\nServices Director, or designee, to execute the agreement and act as the agent of the City on all\nmatters concerning the grant programs and accept future stipends and funds received from\nKABOOM! for maintenance of the playground equipment at Peter Marshall Park.

19. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM ratifying the submission of grant applications and the acceptance of grants on\nbehalf of the City of Anaheim for the Selective Traffic Enforcement Program (STEP) Grant,\nChild Passenger Safety Program Grant, and Motorcyclist Safety Education and Training\nProgram Grant, and authorizing the Chief of Police, or his designee, to execute all required\ngrant documents and amending the budget accordingly [the Office of Traffic Safety allocated\n$375,000 for STEP; $74,250 for Child Passenger Safety Program; and $60,000 for Motorcyclist\nSafety Education and Training Program].

2. Receive and file the Fiscal Year 2022-23 Consolidated Annual Performance Evaluation Report\n(CAPER).

20. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF\nANAHEIM renewing, with modifications, Ordinance No. 6528 approving the Anaheim Police\nDepartment’s Military Equipment Use Policy pursuant to California Government Code Section\n7071 [Policy 705, previously numbered Policy 706; Public Hearing scheduled for October 24,\n2023].

21. ORDINANCE NO. 6559 (ADOPTION) AN ORDINANCE OF THE CITY OF\nANAHEIM granting a franchise to SFPP, L.P., to maintain and operate pipelines for the\ntransportation of hydrocarbon substances in the City of Anaheim [introduced at Council\nmeeting of September 26, 2023, Public Hearing Item No. 29].\nhttps://local.anaheim.net/docs_agend/questys_pub/39166/Agenda.html 5/7\n10/13/23, 12:40 PM local.anaheim.net/docs_agend/questys_pub/39166/Agenda.html

22. ORDINANCE NO. 6560 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF ANAHEIM amending Sections 4.73.010, 4.73.080, 4.73.100, 4.73.160 and\n4.73.190 of Chapter 4.73 of Title 4 of the Anaheim Municipal Code relating to nonexclusive\nTaxicab Franchises [introduced at Council meeting of September 26, 2023, Public Hearing Item\nNo. 30].

24. Receive a presentation on the Community Services Department’s Capital Improvement Projects\n[Informational Item].

25. Receive an overview of the City of Anaheim’s Internal Auditing Program [Informational Item].

26. Discuss and provide direction to staff regarding the creation of an Ethics Officer.\nMOTION:\n5:30 P.M. PUBLIC HEARING:

27. A public hearing to approve and adopt the amended Sewer Impact and Improvement Fees for\nthe East Area of the City of Anaheim.\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF ANAHEIM amending the Sewer Impact and Improvement Fees for the East Area of\nthe City of Anaheim and determining such actions are exempt from the California\nEnvironmental Quality Act pursuant to Public Resources Code Section 21080 (b)(8) and\nGuideline Section 15273 (a).\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 AGENDA SETTING:

3. Ratify the recognition recognizing the legacy of lifelong Anaheim resident and community\nadvocate Josie Montoya; and approve recognitions recognizing Anaheim Tech Scholars, Rio\nVista Elementary School staff member Valerie Hubbard for her recent lifesaving actions,\nOctober 8-14, 2023 as Code Enforcement Officer Appreciation Week, and Anaheim Public\nUtilities employees for going above and beyond by assisting a resident restore water service to\ntheir building.

4. Approve the merits and other recommended adjustments to compensation for the City Council\nappointees including City Manager, City Attorney, and City Clerk pursuant to Government Code\nSection 54953(c)(3) and the Personnel Rules and Policies for Non-Represented City\nEmployees, Section 4.7 and direct the Human Resources Director to implement the new salary\nfor the City Manager in the amount of $337,255, for the City Attorney in the amount of\n$322,058, and for the City Clerk in the amount of $203,857, each to be effective July 7, 2023.

5. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount of\n$1,349,349, for the Knott Avenue Rehabilitation Project from north of Ball Road to south of\nOrange Avenue; authorize the Director of Public Works to execute the contract, and related\ndocuments, and to take the necessary actions to implement and administer the contract; and\nauthorize the Director of Finance to execute the Escrow Agreement pertaining to contract\nretentions.

6. Approve Contract Change Order No. 1 with Gentry General Engineering, Inc., in the amount of\n$56,695.70, for the Alley Sanitary Sewer Improvement Project 2018 in the alley north of\nBroadway from Ohio Street to Walnut Street and at Walnut Street from the alley north of\nBroadway to Broadway; and authorize the Director of Public Works to execute the Contract\nChange Order and any related documents.\nhttps://local.anaheim.net/docs_agend/questys_pub/39166/Agenda.html 3/7\n10/13/23, 12:40 PM local.anaheim.net/docs_agend/questys_pub/39166/Agenda.html

7. Approve the termination-for-convenience of the agreement with Bonadiman Water, Inc. (BWI) for\nthe construction of the Citywide Sanitary Sewer Improvement Project - Brookhurst north of\nLincoln Avenue and authorize the Director of Public Works to issue a written notice of\ntermination and begin procedures to determine a final payment to BWI.

8. Waive Council Policy 4.1, and approve the agreement with Kim Turner LLC, in an amount not to\nexceed $57,000, for training services; and authorize the Chief of Police, or designee, to\nexecute the agreement and any future amendments with non-substantive changes to the\nagreement, as determined by the Office of the City Attorney.

9. Approve a Standard Inter-Agency Instructional Services Agreement with Rancho Santiago\nCommunity College District, in an amount not to exceed $234,500 per fiscal year, for\nreimbursement for fire service training provided by Anaheim Fire & Rescue personnel for a five\nyear term; and authorize the Fire Chief, or designee, to execute the agreement and any future\namendments with non-substantive changes to the agreement, as determined by the Office of\nthe City Attorney.