Anaheim — 2024-02-27

1. Approve recognitions recognizing Rosary Academy’s Girls Water Polo Team for winning the CIF-\nSouthern Section Division 4 Championship; and Boys and Girls Club 2024 Youth Awardees.

10. Award an agreement with American Freedom Security, LLC, in an amount not to exceed $37,030\nplus a 20% contingency, for as-needed unarmed security guard services for a one year term with\nup to four one-year optional renewals; and authorize the Purchasing Agent, or designee, to\nexecute all necessary documents, and exercise the renewal options, subject to available budget\nappropriations (Bid #9763).

11. Award agreements with Pacific Towing Inc. and Archie’s Towing, in a combined amount not to\nexceed $146,085 plus a 20% contingency, to provide as-needed towing services for city-owned\nvehicles for a one year term with up to four one-year optional renewals; and authorize the\nPurchasing Agent, or designee, to execute all necessary documents, and exercise the renewal\noptions, subject to available budget appropriations (Bid #9748).

12. Award the construction contract to the lowest responsible bidder, All American Asphalt, in the\namount of $6,339,671, for the construction of Residential Street Improvement Project – Peary and\nAvenida, Group 16; authorize the Director of Public Works to execute the contract and any other\nrelated documents, and take the necessary actions to implement and administer the contract;\nauthorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions;\nand determine the project is categorically exempt under the California Environmental Quality Act\npursuant to Sections 15301, Class 1, and 15302, Class 2, of Title 14 of the California Code of\nRegulations.\n4 February 27, 2024

13. Award the contract to the lowest responsible bidder, R.J. Noble, in the amount of $1,384,243.82,\nfor the East Street Rehabilitation from Cypress Street to La Palma Avenue Project; authorize the\nDirector of Public Works to execute the contract and any other related documents, and take the\nnecessary actions to implement and administer the contract; authorize the Finance Director to\nexecute the Escrow Agreement pertaining to contract retentions; and determine that the project is\ncategorically exempt under the California Environmental Quality Act pursuant to Class 1, Section\n15301 (Existing Facilities) of Title 14 of the California Code of Regulations.

14. Approve Cooperative Agreement No. 2024-1 between the City of Anaheim and the cities of La\nHabra, Fullerton, Garden Grove, Santa Ana, and Fountain Valley to implement traffic signal\nsynchronization on Euclid Street from the intersection of Euclid Street and La Habra Boulevard in\nthe City of La Habra to Euclid Street and I-405 Southbound Ramps in the City of Fountain Valley,\nfor a term through December 31, 2028 and authorize a cost match in an amount not to exceed\n$230,230.

15. Approve a Cooperative Agreement between the City of Anaheim and the cities of Fullerton,\nPlacentia, and Yorba Linda to implement traffic signal synchronization on Yorba Linda\nBoulevard/Weir Canyon Road from the intersection of Yorba Boulevard and State College\nBoulevard in the City of Fullerton to Weir Canyon Road and Oak Canyon Drive in the City of\nAnaheim, for a term through December 31, 2030 and authorize a cost match in an amount not to\nexceed $161,077.90.

16. Approve the Final Map and Subdivision Agreement of Tract No. 19192 with OrangeAve 2024, LLC,\nfor a proposed residential condominium project comprised of 24 attached single-family townhomes\nwith open space, private drives, and landscaped areas, located at 2219 W. Orange Avenue.

17. Approve a First Amendment to Agreement with MWH Constructors, Inc., in the amount of\n$2,275,863 with a 15% contingency for extra services to be applied to the total Contract Amount,\nas so amended, to provide for additional construction management and inspection services for\nthe Groundwater Treatment Program; and authorize the Public Utilities General Manager, or\ndesignee, to execute the First Amendment and other related documents and take the necessary\nactions to implement and administer the agreement, as amended.

18. Approve an agreement with NewGen Strategies and Solutions, LLC (NewGen), in an annual not\nto exceed amount of $60,000, for electric utility cost of service studies and related consulting\nservices for a four year term with two one-year optional extensions; authorize the Public Utilities\nGeneral Manager, or designee, to execute the agreement and related documents and take the\nnecessary actions to implement and administer the agreement; and authorize de minimis\nchanges that do not substantially change the terms and conditions of the agreement as long as\nsuch changes are determined to be de minimis by the City Attorney’s Office.

19. Approve an agreement with Borrego Energy, LLC, in an annual amount of $125,000 per year with\nrollovers of unspent funds to subsequent years and an annual Consumer Price Index escalator,\nfor solar photovoltaic (PV) systems operated by Anaheim Public Utilities for a term of five years\nwith up to five one-year optional extensions; and authorize the Public Utilities General Manager,\nor designees, to execute and deliver the agreement and any supporting documents, including to\nexecute letter agreements and make changes to Exhibits A and B of the agreement on an as-\nneeded basis to add new PV systems to the agreement’s scope of services, and take the\nnecessary actions to implement, fund, and administer the agreement.\n5 February 27, 2024

2. Approve the First Amendment to the Fiscal Year 2023-2024 Annual Action Plan to allocate\n$1,694,799 of Community Development Block Grant (CDBG) funds for park improvements;\n$1,000,000 HOME Investment Grant (HOME) funds for Tenant Based Rental Assistance (TBRA)\nfor the Senior Safety Net Program and $20,000 for the One Time Rental Assistance Program for\nsecurity deposits; and $90,000 of Emergency Solutions Grant (ESG) funds to increase homeless\nprevention and housing stabilizations services to assist individuals or households who are at risk\nof homelessness; designate the Director of the Housing and Community Development\nDepartment as the Certifying Official authorized to execute all documents related to the\nadministration, management, and implementation of the funding; and amend the Housing and\nCommunity Development, Community Services and Public Works Departments’ FY 2023/24\nbudgets accordingly.

20. Approve Agreement No. A0-5296 regarding the assignment of extraordinary supply from the\nSanta Ana River Conservation and Conjunctive Use Program among The Metropolitan Water\nDistrict of Southern California, the Municipal Water District of Orange County, the Orange County\nWater District, the City of Anaheim, the City of Fullerton, and the City of Santa Ana, with a term of\n61 years; and authorize the Public Utilities General Manager, or designees, to execute and\ndeliver the agreement and any related documents, such as extraordinary supply certifications and\ncost-neutral amendments of the Agreement that are deemed de minimis by the City Attorney’s\nOffice, and take the necessary actions to implement and administer the agreement.

21. Waive Council Policy 4.1 (to the extent applicable) and approve an Attorney Services and\nConsulting Agreement with Arif Alikhan, Esq. and Alikhan Insights, LLC, in an amount not to\nexceed $400,000, for advice and services of an attorney-consultant to analyze the practices,\nprocesses, and protocols of the Anaheim Police Department and develop a program and strategy\nto ensure compliance with the principles of Constitutional Policing for a one-year term with two\none-year optional renewals; authorize the Chief of Police to execute and administer the\nagreement and any renewal options; and authorize minimal changes that do not substantially\nmodify the terms and conditions of the agreement, provided the changes are determined to be de\nminimis by the City Attorney’s Office.

22. Approve a First Amendment to Agreement with Carpi & Clay Inc. for federal advocacy services\nfor an additional two one-year optional renewals and to increase the total not to exceed contract\namount from $180,000 to $315,000; and authorize the City Manager, or designee, to administer\nthe agreement under the terms and conditions of the Agreement.

23. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM approving and adopting the City of Anaheim Title VI Plan and authorizing its\nsubmittal to Federal Transit Administration and California Department of Transportation; and\ndetermining this action is exempt from California Environmental Quality Act (CEQA) pursuant to\nState CEQA Guidelines Section 15060(c)(3) because it is not a project as defined in Section\n15378.

24. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM declaring its intention to vacate certain public streets, highways and easements\n[three easements for public road purposes generally known as: Magic Way, lying between Walnut\nStreet and Disneyland Drive; Hotel Way, lying north of Disney Way; and Clementine Street, lying\nsouth of Katella Avenue related to the DisneylandForward project; Public Hearing scheduled for\nCouncil meeting of April 16, 2024].

25. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM vacating a portion of a public equestrian and hiking trail easement located at 7651,\n7671 and 7673 East Corto Road and 370 and 371 South Timken Road pursuant to California\nStreets and Highways Code Section 8330, et seq. - Summary Vacation (ABA2020-00402).\nAuthorize the City Clerk to hold the recordation of resolution until a new multi-use trail easement\ndeed is (1) accepted by the Director of Public Works, in accordance with Resolution No. 2021-\n042, and (2) recorded in Official Records of the Office of the Orange County Recorder; and\napprove the return of all Park and Recreation Impact Fees, totaling $27,775.84, related to this\ndevelopment in consideration of a supplemental multi-use Trail Easement segment filling in a trail\ngap.\n6 February 27, 2024

26. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of\nemployment for employees represented by the Service Employees’ International Union, United\nService Workers West, and repealing Resolution No. 2022-143 (effective December 22, 2023\nthrough December 19, 2025).

27. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF\nANAHEIM amending Section 1.01.389 of Title 1 (Administration) of the Anaheim Municipal Code\nto make it unlawful for any person to threaten, follow, intimidate, obstruct, or impede any\nCommunity Preservation Officer engaged in the performance of his or her respective duties, job\ndescription, and/or enforcement authority as provided in the Anaheim Municipal Code; and to\nauthorize Community Preservation Officers to ask persons who are violating provisions of the\nCode or State law for their identification, as allowed by law, in order to facilitate the enforcement\nof the Code and State Law [includes determination that the proposed amendments are not\nsubject to the California Environmental Quality Act (CEQA) under Sections 15060(c)(2) and\n15060(c)(3) of Title 14 of the California Code of Regulations].\nORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF\nANAHEIM amending Chapters 18.04 (Single-Family Residential Zones); 18.06 (Multiple-Family\nResidential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zone); 18.14 (Public and\nSpecial-Purpose Zones); 18.30 (Downtown Mixed Use (DMU) Overlay Zone); 18.38\n(Supplemental Use Regulations); 18.42 (Parking and Loading); 18.44 (Signs); 18.46\n(Landscaping and Screening); 18.52 (Housing Incentives); 18.62 (Administrative Reviews); 18.92\n(Definitions); 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and\nDevelopment Standards) of Title 18 (Zoning) of the Anaheim Municipal Code; Adjustment No. 7\nto the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development\nStandards; and finding and determining that this ordinance is not subject to the requirements to\nprepare additional environmental documentation per California Environmental Quality Act (CEQA)\nGuidelines, Section 15061(b)(3) because it will not have a significant effect on the environment\n(Development Application No. 2023-00047) [Annual Code Update].

28. ORDINANCE NO. 6567 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM\namending certain sections of Chapter 1.09 of Title 1 of the Anaheim Municipal Code to impose\nlimitations on loans to, and the retirement of outstanding debt incurred by, candidates and\ncandidate controlled committees [setting limits on the amount that candidates may lend to their\ncampaigns, and requiring candidate to retire campaign debt within twelve months of an election]\n(introduced at the Council meeting of February 13, 2024, Item No. 22).

29. ORDINANCE NO. 6568 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM\namending the title of Chapter 4.52 of the Anaheim Municipal Code from “Peddlers and Solicitors”\nto “Solicitors and Sidewalk Vendors”; amending certain sections of Chapter 4.52 of the Anaheim\nMunicipal Code to establish operational standards for sidewalk vendors in order to protect public\nhealth, safety, and welfare; to provide an additional enforcement mechanism and appeal process\nfor a violation of sidewalk vendor regulations; and to make other modifications consistent\ntherewith (introduced at the Council meeting of February 13, 2024, Item No. 23).\n7 February 27, 2024\nBUSINESS CALENDAR:

3. Receive and file the list of Professional Services Agreements executed by the City Manager in\nJanuary 2024.

30. Recall Petition of Council Member Natalie Rubalcava, District 3.\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM accepting the certification of the Orange County Registrar of Voters as to the\nsufficiency of signatures on the petition to recall Council Member Natalie Rubalcava, District 3.\nApprove an increase to the City Clerk’s Fiscal Year 2023/24 budget by $26,224.20 to cover the\ncost of signature verification of the recall petition by the Orange County Registrar of Voters.\nMOTION:\nUpon acceptance of the certification of the Orange County Registrar of Voters as to the\nsufficiency of signatures of the recall petition, in accordance with the requirements of Section\n1303 of the City Charter and California Elections Code §§11227 and 11240, take the following\nactions:\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM calling, ordering, and giving notice of the holding of a Special Municipal Election to\nbe held in District 3 of the City of Anaheim on Tuesday,___________, 2024 for the submission of\nthe question of the recall of a certain officer; and requesting that the Orange County Board of\nSupervisors direct the Orange County Registrar of Voters to render services to the City relating to\nthe conduct of a Special Municipal Election.\nApprove an increase to the City Clerk’s Fiscal Year 2023/24 budget by $700,000 to cover the cost\nto conduct a Special Municipal Election.\nMOTION:\n5:30 P.M. PUBLIC HEARINGS:

31. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION\nMITIGATION MONITORING PLAN NO. 388\nDEVELOPMENT APPLICATION NO. 2019-00161 (DEV2019-00161)\nPROJECT LOCATION: This approximately 1.5-acre site is located at 125 East Ball Road at the\nnorthwest corner of Ball Road and Technology Circle.\nREQUEST: The applicant requests approval to permit the demolition of an existing vacant two-\nstory commercial building and construction of a 5-story, 65-foot high 120-room hotel, and a drive-\nthrough fast food restaurant with associated parking. The project requires the following\nentitlements: (i) Rezone APN 234-161-04 from Industrial (I) to General Commercial (C-G), (ii) a\nConditional Use Permit (CUP) to permit a hotel with a detached drive-through fast-food\nrestaurant, and (iii) a CUP to allow for a Floor Area Ratio (FAR) greater than permitted by the\nZoning Code (1.08 proposed, 0.50 permitted), and (iv) a Minor CUP to permit valet parking.\nENVIRONMENTAL DETERMINATION:\nThe City Council will consider whether the Initial Study/Mitigated Negative Declaration (IS/MND)\nand Mitigation Monitoring Plan No. 388 prepared for the project are the appropriate environmental\ndocumentation for this request pursuant to Sections 15070 to 15075 of the State California\nEnvironmental Quality Act Guidelines.\nACTION TAKEN BY THE PLANNING COMMISSION:\nRecommended City Council approval of Development Application No. 2019-00161, including a\ncondition regarding ownership; and approval of Resolution No. 2023-033 (adoption of the\n8 February 27, 2024\nMitigated Negative Declaration and Mitigation Monitoring Plan No. 388). VOTE: 6-1 (Chairperson\nKring and Commissioners Henninger, Castro, Lieberman, Tran-Martin, and Walker voted yes;\nCommissioner Perez voted no) (Planning Commission meeting of December 4, 2023).\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM approving and adopting a Mitigated Negative Declaration and Mitigation Monitoring\nPlan No. 388 for Development Application No. 2019-00161 (125 East Ball Road).\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM approving Conditional Use Permits and Minor Conditional Use Permit to construct\na hotel, a drive-through restaurant, permit a floor area ratio above 0.50, and permit valet parking\nand making certain findings in connection therewith (DEV2019-00161) (125 East Ball Road).\nORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF\nANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code\nrelating to zoning (DEV2019-00161) (125 East Ball Road) (reclassify a portion of the project site\nfrom the “I” (Industrial) Zone to the “C-G” (General Commercial) Zone).

32. CEQA CATEGORICAL EXEMPTION, CLASS 1\nDEVELOPMENT APPLICATION NO. 2023-00011\nPROJECT LOCATION: The approximately 0.81-acre property is located at 2125 - 2129 South\nHarbor Boulevard, approximately 300 feet south of Orangewood Avenue.\nREQUEST: The applicant requests a determination of Public Convenience or Necessity to permit\noff-site sales of alcoholic beverages in an existing retail sales-general use that is incidental to and\nintegrated with The Carriage Inn motel, an amendment to Conditional Use Permit No. 2725 to\nremove a condition of approval requiring a restrictive covenant on the property, and approval of\nan administrative adjustment for a 5% reduction in Code-required parking spaces.\nENVIRONMENTAL DETERMINATION: The City Council will consider whether to find and\ndetermine that the project is categorically exempt from the provisions of the California\nEnvironmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15300.2 (c) and\n15301, Class 1 (Existing Facilities) of Title 14 of the California Code of Regulations.\nACTION TAKEN BY THE PLANNING COMMISSION:\nApproved a Determination of Public Convenience or Necessity for the sale of alcoholic beverages\nfor off-site consumption, an amendment to Conditional Use Permit No. 2725 to remove a\ncondition of approval, and an administrative adjustment for a 5% reduction in Code-required\nparking and making certain findings in connection therewith (PC2024-002). VOTE: 7-0\n(Chairperson Kring and Commissioners Henninger, Castro, Lieberman, Perez, Tran-Martin, and\nWalker voted yes).\n(Planning Commission meeting of January 17, 2024) Appealed by: Talab Ibrahim.\nRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF ANAHEIM denying the appeal of the Planning Commission’s decision and approving a\nDetermination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site\nconsumption, an amendment to Conditional Use Permit No. 2725 to remove a condition of\napproval, and an administrative adjustment for a 5% reduction in code-required parking and\nmaking certain findings in connection therewith (Development Application No. 2023-00011)\n(2125-2129 South Harbor Boulevard) [includes determination that the project is categorically\nexempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State\nCEQA Guidelines Sections 15300.2 (c) and 15301, Class 1 (Existing Facilities) of Title 14 of the\nCalifornia Code of Regulations].\n9 February 27, 2024\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:

4. Waive the bidding and publication requirements of Council Policy 4.0 and award an agreement\nwith Airbus Helicopters Inc., in an amount not to exceed $350,000 plus applicable tax and a 20%\ncontingency, to purchase airframe helicopter parts, components and labor for the Police Air\nSupport Division for a one year term with up to four one-year optional renewals; and authorize the\nPurchasing Agent, or designee, to execute the agreement and related documents, and exercise\nthe renewal options, subject to available budget appropriations.

5. Waive the bidding and publication requirements of Council Policy 4.0 and authorize the purchase\nof six (6) Tesla Model Y vehicles from Tesla, Inc., in an amount not to exceed $320,000 plus all\napplicable taxes and fees; waive the bidding and publication requirements of Council Policy 4.0\nand authorize the purchase of the parts and associated upfitting for the aforementioned vehicles\nfrom Unplugged Performance Inc., in an amount not to exceed $297,000 plus all applicable taxes\nand fees and a 20% contingency; and authorize the Purchasing Agent, or designee, to execute all\ndocuments necessary to complete the purchases and upfittings.

6. Award an agreement with Golden Buckeye, Inc. dba Burnett Printing, in an amount not to exceed\n$78,236.50 plus applicable tax and a 20% contingency, for as-needed citywide printing services\nof envelopes, letterhead and business cards for a one year term with up to four one-year optional\nrenewals; ratify a three-month extension of the agreement with Tajen Graphics, Inc., dba Apollo\nPrinting & Graphics, in an amount not to exceed $30,000 plus a 20% contingency, for citywide\nprinting services of envelopes, letterhead and business cards; and authorize the Purchasing\nAgent, or designee, to execute the agreements and related documents, and exercise the renewal\noptions, subject to available budget appropriations (Bid #9751).\n3 February 27, 2024

7. Ratify an increase of $50,000 plus a 20% contingency in the value of the current agreement with\nWaxie Sanitary Supply, from an amount not to exceed $100,000 to $150,000 to accommodate\nthe increased demand of janitorial supplies for the agreement expiring April 30, 2024; authorize\nthe Purchasing Agent, or designee, to exercise a one year agreement renewal, in an amount not\nto exceed $150,000 plus a 20% contingency, in accordance with the terms of National\nCooperative Purchasing Alliance (NCPA) Cooperative Contract #02-27; and authorize the\nPurchasing Agent, or designee, to execute documents related to the agreement.

8. Award an agreement with Merrimac Energy Group, in an amount not to exceed $2,458,149.40\nplus applicable tax and a 25% contingency, for the purchase of automotive fuel for a one year\nterm with up to four one-year optional renewals; ratify a one-month extension of the agreement\nwith AAA Oil, Inc., in an amount not to exceed $120,000 plus a 20% contingency, for the\npurchase of automotive fuel; and authorize the Purchasing Agent, or designee, to execute the\nagreement and related documents, and exercise the renewal options, subject to available budget\nappropriations (Bid #9760).

9. Award an agreement with Universal Protection Service, LP, dba Allied Universal Security\nServices, in an amount not to exceed $680,142.19 per year plus a 20% contingency, for street-\nsweeping parking enforcement services for a two year term with up to three one-year optional\nrenewals; and authorize the Purchasing Agent, or designee, to execute all necessary documents,\nand exercise the renewal options, subject to available budget appropriations (Bid #9740).