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10-17-23_Action with Comments ANAHEIM CITY COUNCIL ACTION AGENDA OCTOBER 17, 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 October 17, 2023 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA OCTOBER 17, 2023 4:00 P.M. Call to order the Anaheim City Council. 4:01 p.m. MEMBERS PRESENT: Mayor Aitken and Council Members Diaz, Leon, Kurtz, Faessel, and Meeks. Mayor Pro Tem Rubalcava joined during Closed Session. 4:00 P.M. - CLOSED SESSION ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Three (3) in-person speakers; no electronically submitted comments Recess to closed session. 4:13 p.m. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Jose Martinez v. City of Anaheim, et al., Orange County Superior Court Case No. 30-2023-01303186-CU-PO-NJC 2. 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 (A copy of the claim against the City is included in the agenda packet and available for review by contacting the City Clerk’s Office and on-line electronically with the agenda at: www.anaheim.net/councilagendas.) 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of Subdivision (d) of California Government Code Section 54956.9: Two potential cases 4. 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 (A copy of the claim against the City is included in the agenda packet and available for review by contacting the City Clerk’s Office and on-line electronically with the agenda at: www.anaheim.net/councilagendas.) Reconvene the Anaheim City Council. 5:12 p.m. 5:00 P.M. Mayor Aitken thanked Anaheim Fire and Rescue for the shirts worn by the City Council and staff in recognition of Breast Cancer Awareness Month. Mayor Aitken spoke of the passing of former Council Member Jordan Brandman, highlighted and thanked him for his service and expressed her condolences on behalf of the City to his family during this difficult time. 3 October 17, 2023 INVOCATION: Reverend Yil Song, Anaheim Korean Presbyterian Church FLAG SALUTE: Council Member Jose Diaz PRESENTATIONS: Recognizing Assistant City Attorney, Moses Johnson on his retirement and 29 years of service to the City of Anaheim Accepted by Assistant City Attorney, Moses Johnson. Recognizing Cambria Hotel employee Gerardo Ceja for his life saving efforts Accepted by Gerado Ceja. Recognizing the legacy of lifelong Anaheim resident and community advocate Josie Montoya Accepted by the family of Josie Montoya. Recognizing the City of Anaheim's 2023 Employee VIPs Presented by Human Resources Organizational Development & Training Manager Tesa Tomas and accepted by 2023 Employee VIPs. Parks & Recreation Commission Presentation Presented by Parks & Recreation Chair Ryan Balius. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing October 15 – 21, 2023, as National Friends of the Library Week Accepted by Senior Library Clerk, Cassandra Amaya. Recognizing Stand Up for Kids Orange County for 20 years of service to the community Accepted by Stand Up for Kids Orange County Case Manager III, Elle Martinez. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items, except public hearing): Sixteen (16) in-person speakers; City Clerk Theresa Bass reported ten (10) general public comments were received electronically prior to 3:30 p.m. (Total of 12 public comments received via email). Public Comments Submitted October 17, 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 Leon invited everyone to the Trunk or Treat event at Anaheim Elementary Online Academy on Ball Road on October 23, 2023 from 6 p.m. to 9 p.m. His office partnered with car clubs, community organizations, and the West Anaheim Police Team. They will be handing out candy, prizes, and the event is free. Last weekend his office hosted a park clean up at Stoddard Park. The railings by the baseball field were painted, new mulch and wood chips were laid out in the playground, and trash was picked up. He also planted a new tree along with Stoddard Elementary School students. He thanked everyone who helped organize the event. He had the opportunity to tour the TGR Learning Lab (formerly known as Tiger Woods Learning Center) located in District 2. It is a safe space with numerous educational opportunities for students. Council Member Leon shared that he was a guest speaker at Madison Elementary School for their College and Career Day event. He visited two classrooms to speak 4 October 17, 2023 about his role as a Council Member and the importance of education and following dreams. He highlighted Cortina’s Italian Market as the October 2023 Restaurant of the Month. Cortina’s is celebrating 60 years of serving the West Anaheim community. On behalf of District 2, he sent condolences to former Council Member Jordan Brandman’s family and friends. He requested that meeting adjourn in memory of former Council Member Jordan Brandman. Council Member Kurtz thanked Code Enforcement and Public Works for being responsive to the complaints from the District 4 community regarding parking and trash. She shared photographs of her visit to Olive Street Elementary School for Career Day. She highlighted the students excitement over District 4’s Ponderosa Skatepark and Boysen Park. She shared the students thanked the Community Services Department for the improvements to Boysen Park and expressed their desire to continue to have the airplane remain a playground fixture. The school Principal is Lynn Meagher and the Vice Principal is Cristina Garcia. She noted that 409 of the 477 students at Olive Street Elementary School come from low income families. There are 72 homeless students, six foster students, and 84 chronically absent students. To accommodate working parents, the school opens at 6:30 a.m. and closes at 6:00 p.m. Council Member Kurtz highlighted and shared photographs of Joe’s Italian Ice. In 2015, Joe’s Italian Ice moved to Anaheim from Garden Grove. The owners pride themselves in using the freshest ingredients. Their dog Joey inspired the pup cup and any dog visiting Joe’s Italian Ice receive a free pup cup. She encouraged everyone to visit Joe’s Italian Ice. Mayor Pro Tem Rubalcava thanked everyone who addressed the City Council during Public Comments. In memory of Art Beas, she displayed photographs and noted that Mr. Beas had a lifelong passion for volunteering. He dedicated endless hours to making Anaheim’s history a priority. He volunteered for the Anaheim Historical Society, Anaheim’s Fall Festival and Halloween Parade, and Anaheim Beautiful. He also served as Santa Claus for downtown holiday festivities. He was a loving, caring, and dedicated husband, father, grandfather, and great-grandfather. He will be remembered for the joy, warmth, and laughter he brought so many in the City of Anaheim. Her thoughts are with his wife Kandee who is an appointed member of Anaheim’s Senior Citizen Commission and requested the meeting adjourn in memory of Art Beas. She acknowledged the passing of former Council Member Jordan Brandman and stated she briefly served on the Central Committee with him. Former Council Member Brandman loved the City of Anaheim and was passionate about public service. She is grateful for all the work he did to improve the quality of local public schools while serving as a Board Member for the Anaheim Union High School District. He strengthened Anaheim’s economy and advanced LGBTQ+ equality here in Anaheim and was the first person who helped fly the pride flag in Anaheim. Mayor Pro Tem Rubalcava thanked the Anaheim Police Association for placing flowers in the City Hall Lobby. She recognized Kevin and Jody who decorated the Halloween Tree on Center Street Promenade which also serves as a Christmas Tree in December. Mayor Pro Tem Rubalcava thanked all the City Departments and residents who attended the “Walk on Balsam” event to discuss parking and challenges in the neighborhood and was happy to report that a resolution rescinding the no parking restriction will be brought forward at the next City Council meeting for approval. She welcomed new community Police Sergeant Rob Lopez who was at the event and listened to the concerns of residents in attendance. In recognition of Hispanic Heritage Month, she recognized the National Hispanic Business Women Association for advocating for Hispanic women owned businesses. She noted she was the recipient of a recognition from the California League of United Latin American Citizens (LULAC), which is an important organization for the Hispanic community particularly in Anaheim. She mentioned Mexican Americans previously were unable to swim in the public pool except for one day a week and had separate schools. Significant progress has been made due to organizations like LULAC. The mission of the organization is to advance the economic condition, educational attainment, political influence, health, and civil rights of the Latino community. She highlighted and invited everyone to visit Sweetheart’s Dessert Lounge for their delicious desserts. It is a minority owned female business located on Anaheim Boulevard, in the ARCO shopping center. She thanked Starbucks (in the Vons Shopping Center, across the street from City Hall) for hosting the “Coffee with a Council Member” event. Approximately 30 residents attended, she thanked Dukku Lee, Public Utilities General Manager, and Rudy Emami, Director of Public Works, for attending the event and answering questions related to residents’ concerns. She attended the Fire Safety Fair in District 1 and 5 October 17, 2023 appreciated the tip of using baking soda to put out a cooking oil fire. She attended the Trunk-or-Treat event at Zion Lutheran Church and recognized Pastor Tim for encouraging healthy, fun, and safe opportunities for people in the surrounding areas. Mayor Pro Tem Rubalcava thanked Director of Public Works, Rudy Emami for providing an overview of the Community Workforce Agreement process and noted that the City of Anaheim is going above and beyond what is required. Council Member Meeks thanked Anaheim Fire and Rescue for the lovely pink t-shirts for Breast Cancer Awareness Month. She stated that it is important to be aware and to speak about breast cancer. She lost her grandmother to breast cancer 50 years ago due to lack of research and public awareness. She shared a personal anecdote about her mother’s experience and cautioned everyone breast cancer is curable and to make sure to get tested and treated. Council Member Diaz announced that the Beach Boulevard Utility Undergrounding efforts started this week from Ball Road to Stanton Avenue. He stated the project is a $25 million investment in District 1. He invited everyone to a pumpkin painting event on October 18, 2023 at the West Anaheim Youth Center from 4:00 p.m. to 6:00 p.m. Sergeant Paqua along with other Police Officers will be assisting and participating in the event. He highlighted and shared photographs of Elhaty Mediterranean Grill at 221 S. Magnolia Avenue D. He shared that the owners are Egyptian immigrants who offer good prices, good service, and great food. Council Member Faessel thanked the Council Members who recognized former Council Member Jordan Brandman. He served with him on the Public Utilities Board for a short period as well as the Anaheim City Council for a couple of years. He thanked Mayor Pro Tem Rubalcava for recognizing the passing of Art Baes. He stated Mr. Baes was a great guy. Council Member Faessel also requested adjourning the City Council meeting in memory of former City of Anaheim Librarian, Lisa Weber. He represented the City in the Association of California Cities Orange County tour of CalOptima’s new health facility in Garden Grove. Council Member Faessel attended the Peter Marshall Park KABOOM! Design Day and shared there were approximately 200 children there. The build day is scheduled for Saturday, December 9, 2023. He thanked the Anaheim Ducks organization for partnering with the City and thanked the players who attended the event. Council Member Faessel welcomed the 17th annual Health Fair at the Anaheim Convention Center. He thanked everyone who attended the Highter Ground Fundraiser hosted by Joe Baldo, which benefits and provides programs and services to families at Lincoln Park. He shared that he had an interesting opportunity to tour a research vessel that is owned by the Orange County Sanitation District (OCSD). The vessel is used almost every day to monitor the 5-mile-long ocean outfall pipeline. He joined Council colleagues at the commencement of the Spanish entrepreneur program (Emprendedor@s Program). The program teaches Latino residents how to start a successful business. He shared that Reborn Cabinets, Inc., hosted National Manufacturing Day on October 6, 2023. Approximately 300 high school students toured their facility. Council Member Faessel thanked Ben Coleman for inviting him to tour Lab57, another custom cabinetry company in Anaheim. He attended the Chance Theater Gala Fundraiser, Indigenous Peoples’ Day Celebration, Salvation Army Center of Hope ribbon cutting ceremony, and the 2023 World Korean Business Convention. Mayor Aitken displayed photographs and mentioned that she was able to swear in Dimetria Jackson and Tanya Bilezikijan to the Orange County Fair Board and congratulated them on their accomplishment. She participated in the Walk to School Day event at Jefferson Elementary School. The event encourages safety and promotes physical activity. She thanked all the Anaheim Police Officers who participated. Mayor Aitken attended the Salvation Army Center of Hope ribbon cutting ceremony. The Center of Hope changes people’s lives by providing supportive housing, services, employment, and access to health care. The Center of Hope helps individuals get back on that path to independence. She had the opportunity to attend the reopening of the Loretta Sanchez Multi-Media room at Chapman University. Former Congresswoman Loretta Sanchez is a Chapman University alumnus and a trailblazing Latina leader in Orange County. She served two decades in the U.S. House of Representatives and has donated her Congressional papers to Chapman University so students may view everything she worked on. Mayor Aitken attended the Catarina’s Club Annual Gala hosted by Chef Bruno Serato. He has served 6 October 17, 2023 millions of meals to children from low-income families through the Boys and Girls Club of America in Orange and Los Angeles Counties. Mayor Aitken’s office partnered with Northgate Market at 720 West La Palma Avenue to host a Trunk-or-Treat event from 1:30 p.m. to 3:30 p.m. There will be City resources available as well as health screenings, face painting, and a free pumpkin giveaway. CITY MANAGER’S UPDATE: City Manager Vanderpool noted that In September 2023, Finamore Place Apartment Community received a Homes Within Reach Award from Southern California Association of Non-Profit Housing (SCANPH) under the category: Beyond LA Development of the Year. This award recognizes projects that SCANPH members build outside of the urbanized area of Los Angeles County. These projects are directly outside of LA County but still within the SCANPH region of Riverside, San Bernardino, Ventura and Orange Counties. The Homes Within Reach Awards reflects the organization’s efforts to recognize and honor excellence in the affordable housing industry. Selections are submitted by SCANPH members and chosen by an independent and impartial jury of professionals from throughout SCANPH’s regional footprint. City Manager Vanderpool displayed a photograph and shared that over the past couple of weeks, the Economic Development Department has participated in several business development events including the World Korean Business Conference held at the Anaheim Convention Center. The Department joined the Small Business Development Center Network and several other local California agencies in efforts to attract investment from South Korea to Anaheim and the region. Economic Development Department staff participated in several events focused on bringing BioScience businesses from Korea to the Anaheim Canyon and other industrial areas in the City. 5:00 P.M. - CITY COUNCIL 7:18 p.m. Item pulled for discussion: Council Member Diaz: Item Nos. 12, 18 Council Member Leon: Item No. 7 Council Member Kurtz: Item No. 5 MOTION: SF/NM Waive reading of all ordinances and resolutions and adopt the consent calendar. ROLL CALL VOTE: 7-0. Motion carried. CONSENT CALENDAR: 1. Receive and file minutes of the Public Utilities Board meeting of August 23, 2023. 2. Receive and file the Fiscal Year 2022-23 Consolidated Annual Performance Evaluation Report (CAPER). 3. Ratify the recognition recognizing the legacy of lifelong Anaheim resident and community advocate Josie Montoya; and approve recognitions recognizing Anaheim Tech Scholars, Rio Vista Elementary School staff member Valerie Hubbard for her recent lifesaving actions, October 8-14, 2023 as Code Enforcement Officer Appreciation Week, and Anaheim Public Utilities employees for going above and beyond by assisting a resident restore water service to their building. 4. Approve the merits and other recommended adjustments to compensation for the City Council appointees including City Manager, City Attorney, and City Clerk pursuant to Government Code 7 October 17, 2023 Section 54953(c)(3) and the Personnel Rules and Policies for Non-Represented City Employees, Section 4.7 and direct the Human Resources Director to implement the new salary for the City Manager in the amount of $337,255, for the City Attorney in the amount of $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 $1,349,349, for the Knott Avenue Rehabilitation Project from north of Ball Road to south of Orange Avenue; authorize the Director of Public Works to execute the contract, and related documents, and to take the necessary actions to implement and administer the contract; and authorize the Director of Finance to execute the Escrow Agreement pertaining to contract retentions. Item No. 05 Discussion. MOTION: NK/NR ROLL CALL VOTE: 7-0. Motion carried. 6. Approve Contract Change Order No. 1 with Gentry General Engineering, Inc., in the amount of $56,695.70, for the Alley Sanitary Sewer Improvement Project 2018 in the alley north of Broadway from Ohio Street to Walnut Street and at Walnut Street from the alley north of Broadway to Broadway; and authorize the Director of Public Works to execute the Contract Change Order and any related documents. 7. Approve the termination-for-convenience of the agreement with Bonadiman Water, Inc. (BWI) for the construction of the Citywide Sanitary Sewer Improvement Project - Brookhurst north of Lincoln Avenue and authorize the Director of Public Works to issue a written notice of termination and begin procedures to determine a final payment to BWI. Item No. 07 Discussion. MOTION: CL/NR ROLL CALL VOTE: 7-0. Motion carried. 8. Waive Council Policy 4.1, and approve the agreement with Kim Turner LLC, in an amount not to exceed $57,000, for training services; and authorize the Chief of Police, or designee, to execute the agreement and any future amendments with non-substantive changes to the agreement, as determined by the Office of the City Attorney. 9. Approve a Standard Inter-Agency Instructional Services Agreement with Rancho Santiago Community College District, in an amount not to exceed $234,500 per fiscal year, for reimbursement for fire service training provided by Anaheim Fire & Rescue personnel for a five year term; and authorize the Fire Chief, or designee, to execute the agreement and any future amendments with non-substantive changes to the agreement, as determined by the Office of the City Attorney. 10. Approve Professional Services Agreements with eight consultants, each in an amount not to exceed $400,000 per Work Order Package and with a total contract amount not to exceed $1,000,000 per contract year, for on-call land surveying services to support the Construction Services Division of the Public Works Department for a two year term to expire on September 26, 2025, with the City’s option to extend the agreements for two additional two-year terms through 2029; authorize the Director of Public Works to execute the agreements and to take the necessary actions to implement and administer the agreements; 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 City Attorney’s Office (KDM Meridian, Johnson-Frank & Associates, Inc., D. Woolley & Associates, Michael Baker International, Inc., Huitt-Zollars, Inc., Fuscoe Engineering, Inc., Towill, Inc. and Guida Surveying, Inc.). 8 October 17, 2023 11. Ratify an agreement with Kimley-Horn and Associates, in an amount not to exceed $124,873.43, for professional consulting services for the design of the Protected Left-Turn Phasing Traffic Signal Improvements Project as executed by the Director of Public Works, and authorize the Director of Public Works, or designee, to take the necessary actions to implement and administer the agreement. 12. Approve Cooperative Agreement No. C-3-2751 with the Orange County Transportation Authority for the State Route 91 Improvement Project from State Route 57 to State Route 55 for the City to provide staff resources for coordination and support to complete the final design and construction phase through December 31, 2032; authorize the Director of Public Works to execute the agreement; and increase the Department of Public Works revenue and expenditure budget by $245,000 in the appropriate fiscal year. Item No. 12 Discussion. MOTION: JD/NK ROLL CALL VOTE: 7-0. Motion carried. 13. Approve the Cooperative Agreement and the Right-of-Way Acquisition Agreement with the Foothill/Eastern Transportation Corridor Agency (TCA) for the State Route 241/91 Express Connector Project for the use of and for the effects of a temporary detour on Santa Ana Canyon Road and acquiring a permanent subsurface footing easement; authorize the Director of Public Works to execute the agreements; approve a Permanent Subsurface Footing Easement (Easement) and authorize the Mayor to execute the Easement and direct the City Clerk to release the Easement to TCA; and increase the Department of Public Works revenue and expenditure budget by $82,881 in the appropriate fiscal year. 14. RESOLUTION NO. 2023-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a public utility easement located at 805 East Sycamore Street pursuant to California Streets and Highway Code Section 8330, et seq.- Summary Vacation (ABA2023- 00422). 15. RESOLUTION NO. 2023-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a public utility easement located at 1730 South Clementine Street pursuant to California Streets and Highway Code Section 8330, et seq.- Summary Vacation. (ABA2023-00423). 16. RESOLUTION NO. 2023-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing the terms and conditions of employment for employees represented by the International Brotherhood of Electrical Workers, Local 47 - Anaheim Part-Time Customer Service Employees Unit [effective January 1, 2023 through December 31, 2025]. 17. RESOLUTION NO. 2023-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM for the purpose of creating a non-represented classification, assigning the rate of compensation, amending the Personnel Rules and Policies covering Non-Represented Full-Time and Part-Time Employees to update Appendix B, and repealing Resolution No. 2023-084 [Assistant City Attorney – Confidential]. 18. RESOLUTION NO. 2023-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or designee (“Director”) to accept all grants from KABOOM! on behalf of the City of Anaheim for the installation and maintenance of 9 October 17, 2023 playground equipment at Peter Marshall Park, authorizing the Director to execute all required grant documents and amending the budget accordingly [City contribution in the amount of $150,000; plus authorization of additional funding not to exceed 20% of the contribution amount]. Item No. 18 Discussion. MOTION: JD/CL ROLL CALL VOTE: 7-0. Motion carried. Approve a Community Partner Agreement with KABOOM! and authorize the Community Services Director, or designee, to execute the agreement and act as the agent of the City on all matters concerning the grant programs and accept future stipends and funds received from KABOOM! for maintenance of the playground equipment at Peter Marshall Park. 19. RESOLUTION NO. 2023-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of grant applications and the acceptance of grants on behalf of the City of Anaheim for the Selective Traffic Enforcement Program (STEP) Grant, Child Passenger Safety Program Grant, and Motorcyclist Safety Education and Training Program Grant, and authorizing the Chief of Police, or his designee, to execute all required grant documents and amending the budget accordingly [the Office of Traffic Safety allocated $375,000 for STEP; $74,250 for Child Passenger Safety Program; and $60,000 for Motorcyclist Safety Education and Training Program]. 20. ORDINANCE NO. 6561 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM renewing, with modifications, Ordinance No. 6528 approving the Anaheim Police Department’s Military Equipment Use Policy pursuant to California Government Code Section 7071 [Policy 705, previously numbered Policy 706; Public Hearing scheduled for October 24, 2023]. 21. ORDINANCE NO. 6559 (ADOPTION) 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 [introduced at Council meeting of September 26, 2023, Public Hearing Item No. 29]. 22. ORDINANCE NO. 6560 (ADOPTION) 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 [introduced at Council meeting of September 26, 2023, Public Hearing Item No. 30]. 23. Approve minutes of the City Council meeting of June 13, 2023. BUSINESS CALENDAR: 7:35 p.m. 24. Receive a presentation on the Community Services Department’s Capital Improvement Projects [Informational Item]. Item No. 24 Discussion. Informational item; no action taken. 25. Receive an overview of the City of Anaheim’s Internal Auditing Program [Informational Item]. Item No. 25 Discussion. Informational item; no action taken. 10 October 17, 2023 26. Discuss and provide direction to staff regarding the creation of an Ethics Officer. Item No. 26 Discussion. MOTION: NR/CL to direct staff to create an Ethics Officer position and return to City Council with options for consideration. ROLL CALL VOTE: 7-0. Motion carried. 5:30 P.M. PUBLIC HEARING: 9:02 p.m. 27. A public hearing to approve and adopt the amended Sewer Impact and Improvement Fees for the East Area of the City of Anaheim. RESOLUTION NO. 2023-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the Sewer Impact and Improvement Fees for the East Area of the City of Anaheim and determining such actions are exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080 (b)(8) and Guideline Section 15273 (a). Item No. 27 Discussion. Mayor Aitken opened the public hearing at 9:08 p.m. One (1) in-person public comment received and no public comments received electronically. Mayor Aitken closed the public hearing at 9:11 p.m. MOTION: NM/NK ROLL CALL VOTE: 7-0. Motion carried. 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) COUNCIL AGENDA SETTING: Council Member Meeks requested recognition of the Disney VoluntEARS for their hours of service and dedication to the Anaheim community. Mayor Pro Tem Rubalcava requested an update regarding the Housing Ad Hoc Committee. She also requested information regarding a City of Anaheim Housing Trust Fund for a First Time Homebuyer Program or Gap Financing. Mayor Aitken requested an agenda item to discuss turning some of the vacant lots throughout the City into temporary community gardens as beautification measures prior to the funding and approval of affordable housing projects. ADJOURNMENT: 9:15 p.m. in memory of former Council Member Jordan Brandman, District 3 resident Art Beas, and former City Librarian Lisa Weber. Next regular City Council meeting is scheduled for October 24, 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. 11 October 17, 2023 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. POSTING STATEMENT: On October 12, 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.