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
ANAHEIM CITY
COUNCIL
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.
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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.
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Closed sessions may
be preceded by one or more public workshops.
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If a workshop is scheduled, the subject and time of the workshop will appear on the agenda.
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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.
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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.
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REPORTS:
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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., 2
nd
Floor, Anaheim,
CA 92805 and by contacting the office by phone, 714-765-5166, or email to [email protected]
.
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PUBLIC COMMENTS:
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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).
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This
first Public Comment period is limited to 90 minutes or until all agenda item speakers have been heard, whichever is later.
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Any remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is exhausted.
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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.
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For public hearings, t
he Mayor or
Chairperson will separately call for testimony at the time of each public hearing.
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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
[email protected]
.
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
[email protected]
with any
questions.
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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.
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CONSENT CALENDAR:
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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.
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SERVICIOS DE TRADUCCION
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(TRANSLATION
SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH) :
La ciudad
provee
servicios
de
interpretaci�n
al
espa�ol
en
las juntas del Consejo. La
interpretaci�n
simult�nea
al
espa�ol
se
ofrece
por
medio del
uso
de
aud�fonos
y la
interpretaci�n
consecutiva
(
espa�ol
a
ingl�s
)
tambi�n
est�
disponible para
cualquiera
que
desee
dirigirse
al
Ayuntamiento
,
declarando
su
petici�n
en
el
podio
.
No
tiene
que usar
los
servicios
de
interpretaci�n
de la
Ciudad; las personas
pueden
proveer
su
propio
int�rprete
,
si
lo
desean
.
�
Debido
a que
existen
muchos
dialectos
y
regionalismos
, la Ciudad no
puede
garantizar
que
los
int�rpretes
puedan
traducir
a un
dialecto
o
regionalismo
en
particular y
reh�sa
cualquier
responsabilidad
que
surja
de
tales
servicios
.
�
Para
servicios
de
interpretaci�n
en
otros
idiomas
,
comun�quese
con la
oficina
de la Ciudad (City Clerk),
cuando
menos
48 horas antes de la junta
programada
.
ANAHEIM CITY COUNCIL
ANAHEIM,
CALIFORNIA
OCTOBER 17, 2023
4:00
P.M.
Call to order the Anaheim City Council.
4:00 P.M.
- CLOSED SESSION
ADDITIONS/DELETIONS TO CLOSED SESSION:
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Recess
to closed session.
1. CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of
the California Government Code)
Name of Case
:
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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)
:
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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.
5:00
P.M.
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
Recognizing Cambria Hotel employee Gerardo
Ceja for his life saving efforts
Recognizing the
legacy of lifelong Anaheim resident and community advocate Josie Montoya Recognizing the City of Anaheim's 2023
Employee VIPs
Parks
& Recreation Commission Presentation
ACCEPTANCE OF OTHER RECOGNITIONS (To be
presented at a later date):
Recognizing October 15 �
21, 2023, as National Friends of the Library Week
Recognizing Stand Up for Kids Orange
County for 20 years of service to the community
ADDITIONS/DELETIONS TO THE AGENDA:
PUBLIC COMMENTS (all agenda items, except
public hearing):
(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:
CITY MANAGER�S UPDATE:
5:00
P.M. - CITY COUNCIL
MOTION:
__________ Waive reading of all
ordinances and resolutions and adopt the consent calendar .
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 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.
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.
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.).
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.
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.
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.
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.
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.
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.
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 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].
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.
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.
(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:
24. Receive a presentation on the Community Services Department�s Capital Improvement Projects [Informational Item].
25. Receive an overview of the City of Anaheim�s Internal Auditing Program [Informational Item].
26. Discuss and provide direction to staff regarding the creation of an Ethics Officer.
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MOTION:
������������������
5:30
P.M. PUBLIC HEARING:
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.
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).
Report on Closed Session
Actions:
PUBLIC COMMENTS
(non-agenda items):
(opened only if any remaining non-agenda speakers
were
not called
to speak during the first Public Comment period)
cOUNCIL AGENDA SETTING:
Adjournment:
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 [email protected]
.
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
[email protected]
, no later than 8:00 AM on the day of the
scheduled meeting.
TRANSLATION SERVICES:
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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:
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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