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09-26-23_Action with Comments ANAHEIM CITY COUNCIL ACTION AGENDA SEPTEMBER 26, 2023  ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Housing and Public Improvements Authority begin at 5:00 P.M. Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted. Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chamber, 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.  REPORTS: All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net/councilagendas. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) are available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net.  PUBLIC COMMENTS: There are two Public Comment periods with speakers having one opportunity to address the City Council, except for scheduled public hearing items. Public comments are limited to three (3) minutes per speaker, unless a different time limit is announced. The City uses speaker cards that must be submitted to the City Clerk in order to address the City Council. Prior to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session for the first Public Comment period where speakers will be permitted to speak on specific agenda item(s). This first Public Comment period is limited to 90 minutes or until all agenda item speakers have been heard, whichever is later. Any remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is exhausted. The second Public Comment period will be opened by the Mayor if any non-agenda item speakers were not called during the first Public Comment period. For public hearings, the Mayor or Chairperson will separately call for testimony at the time of each public hearing. Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or Chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. Speakers shall refrain from profane language and other disruptive remarks or behavior which disrupts or disturbs the meeting, or risk being removed (AMC 1.12.017). Additionally, members of the public may correspond with the City Council and all other related agencies, on any agenda items or matters within the jurisdiction of such governing bodies, by submitting comments electronically for City Council consideration by sending them to publiccomment@anaheim.net. To ensure distribution to the City Council prior to consideration of the agenda, please submit comments at least 2 hours prior to the scheduled start time of the meeting. Those comments, as well as any comments received after that time, will be distributed to the City Council, posted on the City’s website, and will be made part of the official public record of the meeting. Current and archived public comments are available at www.anaheim.net/publiccomment. Contact the City Clerk’s Office at 714-765-5166 or cityclerk@anaheim.net with any questions.  ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency.  CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless a member(s) requests an item(s) be discussed and/or removed from the Consent Calendar for separate action.  SERVICIOS DE TRADUCCION (TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH): La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada. Ashleigh E. Aitken Mayor Natalie Rubalcava Mayor Pro Tem District 3 Jose Diaz Council Member District 1 Carlos A. Leon Council Member District 2 Norma Campos Kurtz Council Member District 4 Stephen Faessel Council Member District 5 Natalie Meeks Council Member District 6 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 September 26, 2023 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA SEPTEMBER 26, 2023 4:00 P.M. Call to order the Anaheim City Council. 4:02 P.M. MEMBERS PRESENT: Mayor Aitken and Council Members Rubalcava, Leon, Kurtz, Faessel, and Meeks. Council Member Diaz arrived at 4:04 p.m. 4:00 P.M. - CLOSED SESSION ADDITIONS/DELETIONS TO CLOSED SESSION: City Clerk Theresa Bass announced that Closed Session Item Nos. 4 and 5 were withdrawn from the agenda. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Twelve (12) in-person speakers and no electronic public comments were received related to the Closed Session agenda. Recess to closed session. 4:39 p.m. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Jason Barr v. Eric Chavira, City of Anaheim, et al. OCSC Case No. 30-2021 01220196 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) (1) of the California Government Code) Title: City Manager 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Gretchen R. Beatty, Acting Human Resources Director Name of Employee Organizations: City Manager 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case Closed Session Item No. 04 withdrawn by staff. 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of California Government Code Section 54956.9): One potential case Closed Session Item No. 05 withdrawn by staff. Reconvene the Anaheim City Council. 5:06 p.m. 3 September 26, 2023 5:00 P.M. MEMBERS PRESENT: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks. INVOCATION: Reverend Lissa Smith, Canyon Hills Presbyterian Church FLAG SALUTE: Council Member Natalie Meeks PRESENTATIONS: Recognizing Anaheim business Mamma Cozza’s on their 58th Anniversary Accepted by Frank Cozza Jr. Recognizing September 2023, as Service Club Month Accepted by Lori Dinwiddie, President, Anaheim Beautiful; Reon Boydstun Howard, President, Assistance League of Anaheim; Jesus Leon, President, Rotary Club of Anaheim; Bernie Correa-Henske, President, Anaheim Hills Rotary Club; Merrit Read, The El Bekal Shriners; Susan Faessel, President, The Kiwanis Club of Greater Anaheim; Representative of Veterans of Foreign Wars, Post #3173; Representative of The Anaheim Lions Club Acknowledged Ebell Club of Canyon Hills and American Legion Anaheim Post 72 The Salvation Army Update and Introduction of New Officer Presented by Ben Hurst, Director of Operations Orange County, Salvation Army and Major Ken Perine, Executive Director and Corps Officer, Salvation Army The following items were heard out of order. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing September 2023, as National Suicide Prevention Awareness Month Accepted by Dr. Adela Cruz, Director of School Mental Health & Wellness, Anaheim Union High School District Recognizing September 15 – October 15, 2023, as Hispanic Heritage Month Accepted by John Gutierrez and Mitch Seigel, Orange County Hispanic Chamber of Commerce Recognizing October 2023, as Domestic Violence Awareness Month Accepted by Dr. Nefta Pereda, Chief Programs Officer, Radiant Futures Recognizing October 1 – 7, 2023, as Public Power Week Accepted by Janet Lonneker, Assistant General Manager Electric Services, Anaheim Public Utilities Recognizing October 9, 2023, as Indigenous Peoples’ Day Accepted by Sandonne Goad, Tribal Council Chairwoman, Gabrielino/Tongva Nation Recognizing October 8 – 14, 2023, as National Fire Prevention Week Accepted by Lindsey Young, Fire Marshal, Anaheim Fire & Rescue 4 September 26, 2023 PRESENTATION: Housing and Community Development Commission Presentation Presented by Dara Maleki, Housing and Community Development Commission Chair ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Bass announced that Item No. 7 was withdrawn by staff. PUBLIC COMMENTS (all agenda items): Fifteen (15) speakers; City Clerk Theresa Bass reported four (4) public comments were received electronically prior to 3:30 p.m. (Total of 4 public comments received via email) Public Comments Submitted – September 26, 2023 City Council Meeting (limited to 90 minutes, or until all agenda item speakers have been heard; any time remaining shall be provided to non-agenda item speakers) COUNCIL COMMUNICATIONS: Council Member Kurtz thanked Community Services staff for their work with the new play area at Betsy Ross Park and she congratulated Council Member Faessel for making it to the top and sliding down the slide. She also thanked Community Services Principal Project Planner Ana Straabe for the Betsy Ross mural she painted at the park. Council Member Kurtz highlighted and shared photographs of the Pizza Press Restaurant and the Alpine Inn. Council Member Leon invited fellow Magnolia High School alumni to the upcoming football game against Anaheim High School on October 12, 2023 at Handel Stadium at 7:00 p.m. He noted he has a friendly competition against Anaheim High School alumni, Congressman Lou Correa. In collaboration with the Parks & Recreation Commission, Community Services, and Love Anaheim, there will be a park clean-up and beautification on October 14, 2023 at 8:00 a.m. at Stoddard Park and he invited everyone to attend. There will be a trunk or treat event on October 20, 2023 at 6:00 p.m. at Gilbert High School. His office hosted the Senior Appreciation Event at Modjeska Park and they were able to provide seniors with valuable resources from local organizations and City departments. He thanked Mercy Health and the OC Food Bank for their collaboration. He also thanked Parks Manager JJ Jimenez and all the staff and departments present for their help with coordinating the use of Modjeska Park and all the City staff and departments that were present for the event. He thanked ABRAZAR for providing 40 rides to seniors to and from the event. Council Member Leon noted that he toured the Taylor Dunn manufacturing building off Ball Road. It was established in 1949 and manufacture innovative vehicles used in airports, zoos, parks, and the City. Anaheim Transportation’s FRAN vehicle was built at the facility. He also toured Servite High School along with Assistant City Manager and City Manager. He thanked the entire Servite High School team for their warm welcome and wished the football team luck on their upcoming game against Mater Dei High School. Council Member Leon recognized Mega Fiesta Dulceria located at Euclid and La Palma Avenues as the business of the month. They have a wide variety of classic Mexican Candy and party supplies. For the restaurant of the month, he recognized Taco Land on Lincoln Avenue, west of Brookhurst Street. They have Mexicali inspired dishes that include tacos, quesadillas, burritos, ceviche and a lot more. Council Member Leon noted that the Tech Scholar Program application deadline is September 29, 2023 at 5:00 p.m. Council Member Faessel shared that he attended Anaheim employee Moses Johnson’s retirement celebration. He highlighted Mr. Johnson’s 29 years of service at the City Attorney’s Office. He shared that he would like to recognize Rio Vista Elementary School Supervisor, Valerie Hubbard, for her life-saving measures for a student in distress. He will be recommending a recognition for her. Mayor Pro Tem Rubalcava shared photographs of events in District 3. She noted that the Market at Anaheim High School opened which provides groceries and resources for families in need. It is the second school food pantry in the City and the seventh in the County. Her office hosted a Suicide 5 September 26, 2023 Awareness event and she thanked the various non-profits, Police Department, Fire Department, Mutual Ground, Inc., and Anaheim Ducks Organization for the resources provided to individuals who have been struggling with mental health issues. Mayor Pro Tem Rubalcava participated in the Green Bird Anaheim trash and litter event. Along with Green Bird Anaheim organizers Jody and Kevin, several volunteers, and the Anaheim Hills Rotary Club, she picked up trash and litter throughout the City. She noted that Jody and Kevin use their own resources and purchase recycle bags that people can use. Mayor Pro Tem Rubalcava attended the Orange County Black Chamber 2023 Annual Banquet, and she had the opportunity to celebrate diversity. She recognized Bobby McDonald, a District 6 resident, who has been very involved in the community and ensures veterans are recognized and provided with resources. She attended the “Somos el Corazon de Mexico” event a Pearson Park Amphitheater, hosted by Juan Luis Torres, for Mexican Independence Day on September 16, 2023. This event also kicked off Hispanic Heritage Month. She thanked retired Anaheim Police Officer Shawn Boatright for his service and continued involvement at City of Anaheim events. Mayor Pro Tem Rubalcava participated in the North Orange Continuing Education (NOCE) Power Resource Fair. The resource fair provided an opportunity to continue the Suicide Awareness initiative. She highlighted that Council Member Faessel has taught at NOCE for 48 of the 50 years they have been open. She attended the Anaheim High School All Class Reunion, marking Anaheim High School’s 125th Anniversary. She noted Anaheim High is the first high School in the City of Anaheim and she was proud to attend the event with Anaheim Union High School District Trustee Jessica Guererro, Principal Calleros, and former Principal Saldivar who graduated with her in 1996. She stated that Anaheim High School produces individuals who are making a difference in the City of Anaheim. Mayor Pro Tem Rubalcava attended the Mobile Family Resource Center event organized by Community Services in the Balsam Neighborhood. Resources and school supplies were provided to residents. The Love Anaheim van was also there offering food. There have been significant problems with parking, lighting, and public safety in the area and on September 27, 2023, there will be a community walk to discuss those issues. This is the first year Chicano Heritage has been celebrated in the month of August. She explained that 45 years ago there was a Chicano riot that took place due to civil unrest at Little People’s Park. She referenced a photograph of Alfred Acosta with Chief of Police Rick Armendariz and noted that Mr. Acosta was present at Little People’s Park during the Chicano riots. Community Services was able to commission a talented artist by the name of Damin Lujan to paint a 300 foot mural at the park as part of the City’s recognition of Chicano Heritage Month. In recognition of Hispanic Heritage Month, Mayor Pro Tem Rubalcava recognized JR’s Wheels and Tires located off Euclid and Lincoln Avenues. It is a small business looking to scale up. Economic Development Director Sergio Ramirez and City Manager Jim Vanderpool helped JR’s Wheels and Tires secure a building. She noted economic development is about retention and attracting businesses, not driving them away. Mayor Aitken congratulated Chief of Police Rick Armendariz on his swearing-in and stated she was proud to have him as part of the Anaheim Team. She recognized those celebrating Rosh Hashanah (wished them “Shanah Tovah”), Yom Kippur, and Mexican Independence Day. Mayor Aitken announced that on October 18th, in partnership with Northgate Market, there will be a Trunk-or-Treat event and free pumpkins will be provided. She also recognized all participants of the Susan G. Komen Foundation Walk. CITY MANAGER’S UPDATE: City Manager Jim Vanderpool invited everyone to Anaheim’s Health Fair at the Anaheim Convention Center on Saturday and Sunday from 8 a.m. to 2 p.m. Anaheim residents and everyone can get free dental, vision, women’s, and other care. The health fair is open to everyone, particularly those who may not have access to regular healthcare. This year’s event also includes a citizenship fair with application help, legal advice, and other assistance for those seeking to become U.S. citizens. Parking is free and pre-registration is encouraged. Register at Anaheim.net/HealthFair. City Clerk Theresa Bass shared information regarding the City’s upcoming Special Municipal Election on Tuesday, October 3, 2023 for Measure A, Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative Ordinance. Anaheim voters can cast their vote by mail, postmarked by October 3, 2023. They can drop off their ballot at any of the twelve (12) secure ballot drop 6 September 26, 2023 boxes. On Election Day, staff from the Orange County Registrar of Voters office will be at each ballot drop box to assist with traffic flow. Voters can also cast their vote at any of the vote centers located at the West Anaheim Youth Center, Downtown Anaheim Youth Center, and the East Anaheim Community Center. Three additional vote centers will open on October 30th and all six will remain open through Election Day. The three additional vote centers are located at the Brookhurst Community Center, Ponderosa Park Family Resource Center, and the Canyon Hills Branch Library. Additional information on the election as well as the list of vote center locations and hours can be found on the City’s website at www.Anaheim.net/Elections. 5:00 P.M. - CITY COUNCIL 7:39 p.m. Item pulled for discussion: Mayor Pro Tem Rubalcava: Item No. 11 Council Member Kurtz: Item Nos. 6, 12, 13, 14, 15, 16, 20 MOTION: CL/NR to approve the Consent Calendar as presented. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 1. Receive and file minutes of the Library Board meeting of August 14, 2023. 2. Ratify the nominations of ex officio, non-voting members to the Parks and Recreation Commission, terms to expire September 26, 2027 [Anaheim Elementary School District, Jose Paolo Magcalas; Anaheim Union High School District, Katherine Smith; Centralia Elementary School District, Luis Flores; Magnolia School District, Nathan Zug; Orange Unified School District, Andrea Yamasaki; Placentia-Yorba Linda Unified School District, Paul Juarez; Savanna School District; Christina Karanick]. 3. Approve recognitions recognizing Stand Up for Kids – Orange County on their 20th Anniversary as they work to provide basic needs, housing, mentoring support, care, and love to at-risk and homeless youth ages 12-24; City of Anaheim retirees; and Assistant City Attorney Moses Johnson’s career and retirement from the City of Anaheim. 4. Accept the bid from Axis General Construction, Inc., in the amount of $295,650 plus a 20% contingency, for city-wide inspections and repairs of backflow devices for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9705. 5. Accept the bid from Freshmobileca LLC, in the amount of $41,470, to provide onsite vehicle washing services at various City designated locations for a one year period with up to four one- year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9710. 7 September 26, 2023 6. Accept the bid from Brightview Tree Care Services, in the amount of $402,367.98 plus a 20% contingency, to provide as needed tree maintenance services for the western portion of the Anaheim Resort Maintenance District and the Anaheim Convention Center for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9708. Item No. 06 Discussion. MOTION: NK/NM ROLL CALL VOTE: 7-0. Motion carried. 7. Accept the bid from Greater Southern California Towing, Inc., in the amount of $107,410, to provide as needed towing services for city-owned vehicles for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9711. Item No. 07 Withdrawn by staff. 8. Accept the bid from LC Action Police Supply, in the amount of $189,127.35 plus applicable tax, for the purchase of Glock handguns and associated accessories for the Police Department; and authorize the Purchasing Agent to issue a purchase order in accordance with Bid # 9713. 9. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement to Benchmark Analytics, in the amount of $26,000 plus applicable taxes, for an online subscription of a training management software system, installation and training for a one year term with up to four one-year optional renewals in accordance with approved budget appropriations; and authorize the Purchasing Agent to exercise the renewals and issue and execute any necessary documents pertaining to this procurement. 10. Waive the bidding requirement of Council Policy 4.0, and authorize the purchase of two Dodge Ram Full Sized Trucks from 72 Hour LLC dba National Auto Fleet Group, in the amount of $164,025.95 (which includes all applicable taxes and fees), for the Anaheim Fire & Rescue Department (purchase will be made utilizing a cooperative purchase agreement established by Sourcewell). 11. Award the contract to the lowest responsible bidder, Armstrong Cal Builders, Inc., in the amount of $1,118,000, for the Oak Canyon Nature Center Renovations Project; authorize the Director of Public Works to execute the contract and other related documents and to take the necessary actions to implement and administer the contract; determine that the project is categorically exempt from the California Environmental Quality Act pursuant to Class 2, Section 15302 (Reconstruction); Class 3, Section 15303 (New Construction); and Class 11, Section 15311 (Accessory Structures) of Title 14 of the California Code of Regulations; and authorize the Director of Finance to execute the Escrow Agreement pertaining to contract retentions. Item No. 11 Discussion. MOTION: NM/NR ROLL CALL VOTE: 7-0. Motion carried. 12. Award the contract to the lowest responsible bidder, Big Ben, Inc., in the amount of $2,034,070, for the La Palma Avenue Sanitary Sewer Improvements from Pauline Street to East Street and from Anna Drive extending 365 feet to the east and Street Rehabilitation Improvements from Olive Street to East Street Project; authorize the Director of Public Works to execute the contract and other related documents and to take the necessary actions to implement and administer the contract; determine the project is categorically exempt from the California Environmental Quality Act pursuant to Class 3, Section 15303 (d) (New Construction) of Title 14 of the California Code of Regulations; and authorize the Director of Finance to execute the Escrow Agreement 8 September 26, 2023 pertaining to contract retentions. Item No. 12 Discussion. MOTION: NK/NM ROLL CALL VOTE: 7-0. Motion carried. 13. Approve the Design-Build Master Agreement (Agreements) for Water projects, each in an award amount not to exceed $3,000,000 per work order package, plus change order authorization in an amount not to exceed 10% of the work order package amount, for a five year term with two extensions not to exceed 24 months, as necessary, to complete outstanding work order packages in progress; authorize the Public Utilities General Manager, or designee, to execute Agreements with T.E. Roberts, Inc.; W.A. Rasic Construction Company, Inc.; and Stephen Doreck Equipment Rentals, Inc.; and such other prequalified Design-Build entities; and to take such actions as are necessary to implement and administer the Agreements; determine that the projects to be performed under the Agreements shall be categorically exempt under the California Environmental Quality Act, Sections 15301, 15302, 15303, and/or 15304 of Title 14 of the California Code of Regulations; and authorize de minimis changes that do not substantially change the terms and conditions of the Agreements, as long as such changes are determined to be de minimis by the Office of the City Attorney. Item No. 13 Discussion. MOTION: NK/NM ROLL CALL VOTE: 7-0. Motion carried. 14. Approve the General Services Agreement for Civil and Electrical Engineering and Technical Services (Agreement), each in an award amount not to exceed $500,000 per work order package with authorization for up to 15% in extra work, with a limit per consultant of $1,500,000 in total awards during each fiscal year of the Agreement term, inclusive of extra work; for a five-year term with up to two one-year extensions; authorize the Public Utilities General Manager, or designee, to execute the Agreement separately with 22 and such other civil and electrical engineering consultants prequalified during the five year term of the Agreement and to take the necessary actions to implement and administer the Agreements, including extensions; and authorize de minimis changes that do not substantially change the terms and conditions of the Agreement as determined by the City Attorney’s Office (Ascend Analytics; ASEC, Inc.; Asplundh Engineering Services; Auriga Corporation; BKF Engineers; Cho Design Associates, Inc.; Chris Nelson & Associates, Inc.; Dahl, Taylor & Associates; Derek J. McGregor, Inc.; Electric Power Engineers, Inc.; Electrical Consultants, Inc.; EN Engineering, LLC; Hampton Tedder Electric Company; IDS Group, Inc.; K&A Engineering and Consulting; Kewo Engineering Corporation; LEE & RO, Inc.; NV5, Inc.; P2S, Inc.; PAR Western Line Contractors; Parkia, Inc.; and Sheffield Scientific, LLC). Item No. 14 Discussion. MOTION: NK/NM ROLL CALL VOTE: 7-0. Motion carried. 15. Approve a Professional Services Agreement with Intec Services, Inc., in an amount not to exceed $4,623,200 with a 15% contingency, for as-needed extra services to provide comprehensive inspection, testing, and data management of overhead electric utility infrastructure for a two year term with an option to extend up to 12 months; authorize the Public Utilities General Manager, or designees, to execute the agreement and related documents and to take the necessary actions to implement, fund, and administer the agreement; and determine that the services are categorically exempt from the California Environmental Quality Act pursuant to Sections 15301, 15302, and 15304 of Title 14 of the California Code of Regulations. Item No. 15 MOTION: NK/NM ROLL CALL VOTE: 7-0. Motion carried. 16. Approve the First Amendment to Software Services Agreement with Power Market Consulting, Inc., in an amount not to exceed $84,000, for a one year extension of the agreement under its existing terms and conditions for high voltage transmission software analytics database and related services; authorize the Public Utilities General Manager, or designees, to execute the First Amendment and related documents and to take the necessary actions to implement and 9 September 26, 2023 administer the amendment. Item No. 16 MOTION: NK/NM ROLL CALL VOTE: 7-0. Motion carried. 17. Approve the Master Agreement (Agreements) for Traffic Signal Maintenance Services with Yunex LLC and Bear Electrical Solutions, Inc, each in an award amount not to exceed $1,000,000 per work order package or request for immediate response services, with a cumulative value per contractor per fiscal year not to exceed $1,000,000, excluding change orders, for a two year period with two optional two year extensions; authorize the Director of Public Works, or designee, to execute the agreements and to take the necessary actions to implement and administer the agreements, including any extensions; determine that the projects to be performed under the agreements shall be categorically exempt under the California Environmental Quality Act, Sections 15302, 15303, and/or 15304 of Title 14 of the California Code of Regulations; and authorize de minimis changes that do not substantially change the terms and conditions of the Master Agreement, as determined by the City Attorney’s Office. 18. Approve Workforce Innovation and Opportunity Act Agreements with Orange County Conservation Corps. And Taller San Jose Hope Builders, dba Hope Builders, in the respective not to exceed amounts of $326,266 and $217,511, with terms beginning July 1, 2023 through June 30, 2025, to assist local disadvantaged youth to prepare for joining the workforce; and authorize the Director of the Housing & Community Development, or designee, to execute and administer the agreements. 19. Approve an agreement with the Placentia-Yorba Linda Unified School District (PYLUSD) to provide a Police School Resource Officer at Esperanza High School; approve an agreement with Orange Unified School District (OUSD), in substantial form, to provide a Police School Resource Officer at Canyon High School and authorize de minimis changes that do not substantially change the terms and conditions of the agreement, as determined by the City Attorney’s Office; each for a one year term with automatic one year renewals terminating after five years and with 50% of the costs to be reimbursed by PYLUSD and OUSD, respectively; authorize the Chief of Police to execute the agreements and to take the necessary actions to implement and administer the agreements; and increase the Police Department’s Fiscal Year 2023/24 budget by $160,000. 20. RESOLUTION NO. 2023-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Purchase and Sale Agreement with Caterina’s Club; authorizing the Director of Economic Development to finalize such Purchase and Sale Agreement; authorizing the Director of Economic Development to implement such Purchase and Sale Agreement; determining that the Purchase and Sale of the property is exempt from CEQA pursuant to CEQA Guidelines Section 15312; and making certain other findings in connection therewith [125 W. Vermont Avenue, APN: 037-072-43; purchase price of $830,000]. Item No. 20 Discussion. MOTION: NK/NR ROLL CALL VOTE: 7-0. Motion carried. 21. RESOLUTION NO. 2023-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees represented by the American Federation of State, County, and Municipal Employees, Local 2002, General Management Unit, and repealing Resolution No. 2021-119 [effective July 1, 2023 through June 30, 2027]. RESOLUTION NO. 2023-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions 10 September 26, 2023 of employment for employees represented by the American Federation of State, County, and Municipal Employees, Local 2002, Professional/Technical Management Unit, and repealing Resolution No. 2021-120 [effective July 1, 2023 through June 30, 2027]. Increase the Fiscal Year 2023/24 budget in the amount of $4,962,116. 22. RESOLUTION NO. 2023-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees represented by the American Federation of State, County, and Municipal Employees, Local 2002, Confidential Unit, and repealing Resolution No. 2021-121 [effective July 1, 2023 through June 30, 2027]. Increase the Fiscal Year 2023/24 budget in the amount of $550,379. 23. RESOLUTION NO. 2023-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting changes to the Personnel Rules for Non-Represented Full-Time and Part-Time Employees to include changes to compensation for Non-Represented Management and Full-Time hourly classifications and repealing Resolution No. 2023-078. Increase the Fiscal Year 2023/24 budget in the amount of $693,967. 24. Approve minutes of the City Council meeting of May 16, 2023. BUSINESS CALENDAR: 8:21 p.m. 25. Discuss and provide direction to staff on potential modifications to the Information Technology (IT) electronics policy; electronic document retention policies, and the potential use of internal or 3rd party support services to independently respond to Public Records Act Requests (PRAs), and amend the City’s Fiscal Year 2023/24 budget accordingly. Item No. 25 Discussion. MOTION: NR/CL to direct staff to modify policies to include provisions to only use City-issued phones for conducting City business. ROLL CALL VOTE: 7-0. Motion carried. MOTION: AA/NM to direct staff to modify policies forbidding the use of personal accounts to conduct City business and requirement that any City emails that are sent to personal devices be forwarded to City email. ROLL CALL VOTE: 7-0. Motion carried. MOTION: NR/NK to direct staff to policies expanding the retention period for employees subject to the Sunshine Ordinance from 90 days to 24 months and enhancing user accounts with eDiscovery features through Microsoft Purview. ROLL CALL VOTE: 7-0. Motion carried. MOTION: NR/NM to direct staff to establish an internal support service unit, up to four positions with City Council staffing plan approval, to perform searches for responsive electronic records and direct staff to modify policies to include procedures to utilize the eDiscovery enhancements for email accounts to facilitate an efficient way to perform searches of email records. ROLL CALL VOTE: 7-0. Motion carried. 11 September 26, 2023 26. Discuss and provide any direction to staff regarding the City of Anaheim’s Ticket Disclosure policy. Item No. 26 Discussion. MOTION: CL/NR to update the City of Anaheim’s Ticket Disclosure policy, to create an easy to search database that lists what tickets are given to individuals, and to post the redacted ticket log on the City’s website. ROLL CALL VOTE: 7-0. Motion carried. 27. Receive an informational update on the Underground Conversion Program [Informational item]. Item No. 27 Discussion. Informational item; no action taken. 28. RESOLUTION NO. 2023-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM for exception to the 180-day wait period in compliance with Government Codes 7522.56 and 21224 (appointment of Robert Gomes as an extra help retired annuitant within the Community Services Department). Item No. 28 Discussion. MOTION: NM/NR. ROLL CALL VOTE: 7-0. Motion carried. 5:30 P.M. PUBLIC HEARINGS: 10:42 p.m. 29. A public hearing regarding a proposed franchise to SFPP, L.P., to maintain and operate a pipeline for the transportation of oil, petroleum, gas, gasoline, or other hydrocarbon substances, excluding natural gas, or water in various streets in the City of Anaheim. Determine that the proposed Ordinance is exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 15301 (existing facilities) of Title 14 of the California Code of Regulations as this Franchise is being issued on an existing pipeline. ORDINANCE NO. 6559 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a franchise to SFPP, L.P., to maintain and operate pipelines for the transportation of hydrocarbon substances in the City of Anaheim. Item No. 29 Mayor Aitken opened the public hearing at 10:45 p.m. No public comments received in-person or electronically. Mayor Aitken closed the public hearing. Discussion. MOTION: NM/SF ROLL CALL VOTE: 7-0. Motion carried; ordinance introduced. 12 September 26, 2023 30. A public hearing to consider the establishment of Taxicab Program Administrative Regulations and associated fees relating to taxicab franchises. ORDINANCE NO. 6560 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Sections 4.73.010, 4.73.080, 4.73.100, 4.73.160 and 4.73.190 of Chapter 4.73 of Title 4 of the Anaheim Municipal Code relating to Nonexclusive Taxicab Franchises. RESOLUTION NO. 2023-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees and charges relating to taxicab franchises and taxi regulations [this resolution determines that it is not subject to California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines]. Item No. 30 Mayor Aitken opened the public hearing at 10:51 p.m. No public comments received in-person or electronically. Mayor Aitken closed the public hearing. Discussion. MOTION: NM/NR ROLL CALL VOTE: 7-0. Motion carried; ordinance introduced. The following item was heard out of order. COUNCIL AGENDA SETTING: Mayor Pro Tem Rubalcava requested a resolution and recognition for Josie Montoya, a life long resident of Anaheim and tireless advocate for the Chicano/Latino community. For decades Josie was part of the Chicano movement and courageously confronted challenges such as police brutality, domestic abuse, discrimination against illegal immigrants, and supporting the homeless. She will also requested to work with the City Attorney’s Office to produce a consultant engagement ordinance. Mayor Pro Tem Rubalcava requested that the City Council review the City’s street parking permitting program fees and explore an opportunity to potentially update the policy so that it allows for the elimination of the fee for residents that are impacted by businesses. For example, the homes adjacent to Villains Brewing Company are heavily impacted. The neighborhood is pursuing permit parking, but it will cost them $500. Mayor Aitken recommended a general overview of the City’s fee program and assess what needs to be updated. City Manager Vanderpool responded that an item can be agendized. Council Member Faessel recommended a recognition for Valerie Hubbard of Rio Vista Elementary School for her life saving measures. Council Member Leon requested an update regarding Visit Anaheim. City Manager Vanderpool noted that a consultant has been retained to complete a fee study. Recess to closed session. 10:57 p.m. Reconvene the Anaheim City Council. 12:19 a.m. MEMBERS PRESENT: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Faessel, and Meeks. 13 September 26, 2023 REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non-agenda items): None (opened only if any remaining non-agenda speakers were not called to speak during the first Public Comment period) ADJOURNMENT: 12:20 a.m. Next regular City Council meeting is scheduled for October 17, 2023. All agenda items and reports are available for review in the City Clerk’s Office and www.anaheim.net/councilagendas, and the Central Library. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be available at the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805 during regular business hours and by contacting the office by phone, 714-765-5166, or email to cityclerk@anaheim.net. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, by telephone at (714) 765-5166, or via email to cityclerk@anaheim.net, no later than 8:00 AM on the day of the scheduled meeting. TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist, the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. For translation services in other languages, contact the City Clerk’s office no later than 48 hours prior to the scheduled meeting. VIEW CITY COUNCIL MEETINGS LIVE AND ARCHIVED: Anaheim City Council meeting videos can be viewed live on the City’s website at www.anaheim.net/councilvideos. 14 September 26, 2023 POSTING STATEMENT: On September 21, 2023, a true and correct copy of this agenda was posted on the kiosk outside City Hall, 200 S. Anaheim Blvd., Anaheim, CA. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at www.anaheim.net.