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2010/04/13ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF APRIL 13, 2010 The meeting of April 13, 2010 was called to order at 3:00 P.M and adjourned to 4:30 P.M. for lack of a quorum. Mayor Pringle called to order the regular adjourned meeting of April 13, 2010 at 4:34 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on April 9, 2010 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lord Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda Andal ADDITIONS /DELETIONS TO CLOSED SESSION: None City Council adjourned to closed session for the following items: CLOSED SESSION ITEMS: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Priceline.com, Inc., et al. v. City of Anaheim, et al., Orange County Superior Court, Case No. 30- 2009 - 00244120 and related cases 2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Comfort Inn and Suites) 3. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Frontier Motel) At 5:03 P.M., Council session reconvened. Invocation: Mayor Curt Pringle Flagg Salute: Council Member Lucille Kring Presentation: Honoring Anaheim residents for their service in the Armed Forces with the Anaheim Military Banner Program Colonel David Coffman, 13 Marine Expeditionary Unit (MEU), took this opportunity to thank the City and its residents for adopting and supporting the 13 MEU families throughout the year. He stated the unit had a special connection to Anaheim, both at home and when deployed fighting terrorism globally. Council Meeting Minutes of April 13, 2010 Page 2 of 10 Mayor Pringle announced that the first honorees of the Military Banner Program had been recognized at George Washington Park earlier today. The first banner unveiled celebrated the life of Justin Swanson who was killed in the line of duty last November along with nineteen other men and women in the military. Mayor Pringle introduced the families of the military honorees. Acceptance of Other Recoanitions (To be presented at a later date): Proclaiming April 2010, as National Donate Life Month Chris and Peggy Coleman thanked Council for bringing awareness to organ donation and accepted the proclamation on behalf of the Donate Life California organization. Proclaiming April 2010, as American City Quality Month CJ Amstrup, Planning Department, thanked Council for recognizing America City Quality Month. He remarked this year's theme included sustainability and livability commenting that Anaheim Planning Commissioners had a strong commitment to understanding the complex issues facing Anaheim which brought about informed decisions to enhance the quality of life for residents and businesses alike. Proclaiming May 2010, as Firefighter Appreciation Month Joshua Farrell, Muscular Dystrophy Association (MDA) ambassador, thanked Anaheim firefighters for their support in the "Fill the Boot" fund- raiser for MDA research. Jim Ramirez, Anaheim Firefighter Association, thanked Council for allowing firefighters to participate in this fundraiser, noting that the next "Fill the Boot" event was scheduled for Saturday, May 18 th . Proclaiming April 18 -24, 2010, as Tree Appreciation Week Proclaiming April 18 -24, 2010, as National Crime Victim's Rights Week Recognizing the recipients of the 2010 Orange County Hispanic Chamber of commerce Estrella Awards ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): Rudy Kraus, resident, was critical of the Police Department's non - responsiveness to his complaints. Megan Shigo, resident, Central District Neighborhood Council, updated Council on a recent community needs survey, remarking the highest priority for this District was streets and traffic in the downtown area and neighborhood services. Linda Gutierrez, resident, identified two homes in her neighborhood, which housed registered child sex offenders monitored by GPS monitors while on parole. She thanked the Police Department for their support and education and voiced her safety concerns for families in this community. Council Meeting Minutes of April 13, 2010 Page 3 of 10 Andrew Deneau, Cultural and Heritage Commission, addressed Item No. 6, remarking the commissioners fully endorsed development of this park, however, he believed the name of the original property owner, Marie Horseman Dwyer, should be considered for the park's name. He indicated the Cultural and Heritage Commission would welcome the opportunity to research and develop a recommendation to Council. James Robert Reade, resident, read a portion of his October 2, 2009 police report. Mathew Halsig, Boy Scout Troop 871, thanked Council for the opportunity for troop members to complete their requirement for their civic community merit badge. Lee Cobertson, resident, requested Council's help in removing registered sex offenders in his neighborhood, located near a Buena Park church. He expressed his concern for the families of children in the neighborhood. Debbie Deneau, resident, also voiced her concern at having registered sex offenders living near her home. She indicated children were no longer playing outside and the impact to this neighborhood was significant. Edward Liptzak, resident, complained there was no real assurance received from the church that the neighborhood was safe from these registered sex offender parolees. Helen Myers, Anaheim Historical Society, addressing Item No. 6, recommended the park be named Marie Horseman Dwyer Park to honor the family that donated the land and pioneered the Anaheim area. Michele Childress, resident, also expressed concern with having registered sex offenders live within her neighborhood. She indicated the Buena Park church informed the community the men were being monitored by the parole board and went to church on Sunday, which did not allay the community's fears. Debra Quigley, resident, remarked that 200 people came together and attended a neighborhood meeting to discuss the parolees living in their community and asked Council for their assistance. Natalie Barker, resident, remarked the Police Department had given the community support but by law, could not remove the registered sex offenders from living in her neighborhood. She also pleaded for Council's help. Bill Naler, Holy Ground Christian Fellowship, Buena Park, submitted his written remarks and stated that there was a shortage of suitable housing for men and women on parole classified as sex offenders. He indicated it was not his desire to create conditions to place anyone at risk and he would work with the City and neighborhoods to create a successful and satisfactory solution per Proposition 83, to provide suitable housing for those who are currently on parole, such as in a commercial building where no children reside, asking for relocation assistance. Mayor Pringle remarked that the City Council was very aware of this issue and that there was no question that residents were terrified from the impacts of providing housing for sex offenders in residential family communities. He pointed out there were many sites the Fellowship could have sought that would not have had this impact on the community. He added he was challenged to understand that if the Fellowship was trying to do good Council Meeting Minutes of April 13, 2010 Page 4 of 10 work why it would be done in such a manner as to cause this level of disturbance and consternation among hundreds of families. He encouraged Mr. Naler to determine where he could relocate with the least impacts and pointed out the Council would continue to do what was necessary to support and protect Anaheim communities. Mayor Pringle requested the City Attorney look into what other cities have done to address the issue as well as investigate whether there are any restrictions a city could put in place to insure these types of homes would not be located in family residential neighborhoods. CONSENT CALENDAR: Council Member Galloway removed Item No. 5 from the consent calendar for further discussion, Council Member Sidhu removed Item No. 6 and Council Member Hernandez pulled Item No. 25. Council Member Kring reported a conflict of interest on Item No. 23 and would abstain from voting on that item. Council Member Hernandez moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the consent calendar, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Hernandez, Galloway, Kring and Sidhu. Noes - 0. Motion Carried 1. Receive and file minutes of the Public Library Board meetings of January 11, B105 2010 and February 8, 2010, Sister City Commission meetings of January 13, 2010 and February 22, 2010, Golf Commission meetings of January 28, 2010 and February 25, 2010 and Public Utilities Board meeting of February 24, 2010. 2. Accept the proposal from Vislink, Inc., dba Microwave Radio Communications, in D180 the amount of $287,575.41 including taxes, for the purchase and installation of an airborne microwave downlink system for the Police Department, in accordance with RFP #7331. 3. Waive the sealed bid requirement of Council Policy 4.0 and authorize a purchase D180 order to Multimedia Integrated Technology, Inc., dba Integrated Technology, in an amount not to exceed $227,221, for telephone system maintenance and repair services for a two year period with three one -year optional renewals and authorize the Purchasing Agent to exercise the renewal options. 4. Approve an Assignment and Assumption Agreement with S &K Services and 6174.A.I Continental Vending, Inc., consenting to the assignment of the City's existing contract with S &K Services to Continental Vending, Inc., for vending machine services. 7. Approve an increase to the Department of Public Works fiscal year 2009/10 D175 revenue and expenditure appropriation by $10,283,588 for capital improvement projects (Imperial Highway Sidewalk and Median Improvements, Tustin /La Palma Improvements, Kraemer /La Palma Improvements, Anaheim Canyon Station Pedestrian Connection and La Palma Adaptive Control Light). 8. Approve the revised project list as required by the California Department of D175 Finance for participation in Proposition 1 B - Local Streets and Roads Improvement, Congestion Relief, and Traffic Safety Account Funds (Serrano Council Meeting Minutes of April 13, 2010 Page 5 of 10 Ave., Katella Ave. -Storm Drain Only, Olive St., Nohl Ranch Rd. Rehabilitation and Royal Oak Sidewalk, and Local Street Rehabilitation of 7 streets - State College, Romneya, East bound La Palma at Sunkist, Ninth St., Vermont, Lemon, and East bound left turn pockets on Convention Center Dr.). 9. Approve, in substantial form, a Utility Agreement with Southern California Edison, 1664.I a Cooperative Agreement with State of California Department of Transportation and a Cooperative Agreement with Orange County Transportation Authority for the Gene Autry Way (West) 1 -5 HOV Interchange project and authorize the Director of Public Works to execute the agreements, modifications, extensions and related documents, and take the necessary actions to implement the agreements. 10. Approve an engineering services agreement with Psomas, in an amount not to 6175 exceed $275,000, for the Citywide Sanitary Sewer Improvement Program/Projects - Group 5 (Harbor Boulevard from Orangewood Avenue to Chapman Avenue and Wilken Way from Oertley Drive to Harbor Boulevard). 11. Approve an engineering services agreement with Psomas, in an amount not to 6176 exceed $280,000, for the Citywide Sanitary Sewer Improvement Program/Projects - Group 5 (Arbor Street from Romneya Drive to La Palma Avenue and Romney Drive from 370 -feet east of West Street to Blue Grass Street). 12. Approve a Design Services Agreement with Southern California Regional Rail 6177 Authority, in an amount not to exceed $736,350, for design services related to ARTIC. 13. Approve the Third Amendment to Agreement with David Taussig & Associates, 4129.3 Inc., in the amount of $65,000 bringing the total not -to- exceed amount to $265,000, for special tax assessment services involving the Community Facilities District formation and Assessment Districts for the Platinum Triangle area. 14. Award the contract to the lowest responsible bidder, International Line Builders, 6178 Inc., in the amount of $4,825,000, for Underground District No. 48 — Harbor Blvd. from Vermont Ave. to Santa Ana St. and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 15. Approve and authorize the Public Utilities General Manager to execute an 6179 agreement with Critigen, LLC, in an amount not to exceed $254,610, to complete the Anaheim Solar Map web portal that provides a web -based solar energy design and assessment tool for Anaheim electric ratepayers and to take the necessary actions to implement the agreement. 16. Approve and authorize the Public Utilities General Manager to execute the First 5106.1 Amendment to Agreement with KUBRA America West, Inc. for electronic utility bill presentment and payment services and to take all necessary actions to implement and administer the amendment. Council Meeting Minutes of April 13, 2010 Page 6 of 10 17. Certify that amendments to various rules contained in the Electric and Water D182 Rates, Rules and Regulations are statutorily exempt under the California Environmental Quality Act, Public Resources Code, Section 21080(b)(8), in accordance with Title 14 of the California Administrative Code, Section 15273(a). RESOLUTION NO. 2010 -036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the rates, rules and regulations for the sale and distribution of electricity as adopted by Resolution No. 71-478 and most recently amended by Resolution No. 2010 -012. RESOLUTION NO. 2010 -037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the rates, rules and regulations for the sale and distribution of water as adopted by Resolution No. 72 -600 and most recently amended by Resolution No. 2010 -013. 18. RESOLUTION NO. 2010 -038 A RESOLUTION OF THE CITY COUNCIL D116 OF THE CITY OF ANAHEIM approving property tax exchange agreement between the City of Anaheim and the County of Orange regarding the Broadway/Thistle Island annexation (RO 10 -01) to the City of Anaheim. 19. RESOLUTION NO. 2010 -039 A RESOLUTION OF THE CITY COUNCIL P124 OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11340 and 11342). 20. RESOLUTION NO. 2010 -040 A RESOLUTION OF THE CITY COUNCIL D175 OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Works Department). 21. RESOLUTION NO. 2010 -041 A RESOLUTION OF THE CITY COUNCIL D116 OF THE CITY OF ANAHEIM authorizing the City Manager or his designee to submit a grant application on behalf of the City of Anaheim for grant funds for the Urban Greening Planning Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the 2010 -11 budget accordingly. 22. RESOLUTION NO. 2010 -042 A RESOLUTION OF THE CITY COUNCIL D154.6 OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Service Employees' International Union, Local 1877. 23. ORDINANCE NO. 6167 (ADOPTION) AN ORDINANCE OF THE CITY OF 1463.2.1 ANAHEIM (i) approving Amendment No. 1 to the Second Amended and Restated Development Agreement No. 99 -01 by and between the City of Anaheim and Anaheim GW II, LLC, Gardenwalk Hotel I, LLC and Westgate Resorts Anaheim, LLC; (ii) making certain findings related thereto; and (iii) authorizing the Mayor to execute said amendment for and on behalf of the City (Introduced at Council Meeting of March 23, 2010, Item No. 27). Council Meeting Minutes of April 13, 2010 Page 7 of 10 Council Member Hernandez moved to approve; seconded by Council Member Galloway. Roll Call Vote: Ayes -4, Mayor Pringle and Council Members Galloway, Hernandez and Sidhu. Noes — 0. Abstention — 1: Council Member Kring (due to conflict of interest). Motion to approve carried. 24. ORDINANCE NO. 6168 (INTRODUCTION) AN ORDINANCE OF THE M142 CITY OF ANAHEIM amending Chapter 18.46 of Title 18 of the Anaheim Municipal Code pertaining to landscaping and screening (Zoning Code Amendment No. 2009 - 00086; anti - graffiti landscaping measures). RESOLUTION NO. 2010 -043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing an application fee for participation in the City of Anaheim's graffiti removal program. 26. Approve the minutes of the Council meeting of March 23, 2010. END OF CONSENT CALENDAR 5. Determine that a public purpose exists to waive the necessary building permit D159 fees for repairs and improvements at 1059 N. Hermosa Drive. Sheri Vander Dussen, Planning Director, reported the City had initiated receivership on a home that required significant upgrades to be habitable. The court receiver was actively pursuing repairs to the home and had asked the City to waive permit fees. Ms. Vander Dussen indicated the Department could absorb the costs of those fees without impacting their budget. Council Member Galloway expressed concern for the homeowner over her health issue and the tough decision made to put the home in receivership. Ms. Vander Dussen reported the resident was currently in Colorado with her daughter and her health continued to improve. She was working with the court receiver in order to make suggestions on the property and she would like to return once it was rehabbed. Council Member Hernandez emphasized that neighborhoods were a priority for Council as evidenced by this three -year process to correct a problem. With that said, he then moved to approve Item No. 5, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. 6. Approve the name of Founders Park (formerly referred to as Heritage Park) for 5698.1 the one -acre site located at 400 North West Street, approve Amendment Number One to Agreement with the County of Orange, in the amount of $558,491, for the development of Founders Park and authorize the City Manager to act as the agent for the City on all matters concerning this funding agreement. Terry Lowe, Community Services Director, reported Item No. 6 asked for Council's approval of the renaming of Heritage Park to Founder's Park and to amend an agreement with the County of Orange to facilitate funding. Council Meeting Minutes of April 13, 2010 Page 8 of 10 Council Member Sidhu asked for more detail as to how the Founder's Day name was selected. Mr. Lowe responded the public was always involved in the design of such facilities and as this park had a historic aspect to it, it was particularly important to receive more public input than normally sought. Larger spans of residents were invited to participate as well as school districts, the historical community, the Cultural and Heritage Commission and Parks and Recreation Commission. Three meetings were held and every detail of the park had been discussed, from preservation of a historic tree to the incorporation of new lots to surround the park. The one area in which a difference of opinion arose was in the naming of the park. While the majority of the focus group recommended the name of Founder's Park to Council, one group felt the name of the original land owner, Marie Horseman Dwyer, should be incorporated into the park name. Council Member Hernandez asked for details on the funding and Mr. Lowe responded there were two funding sources, a grant from the state for just under $1 million and $558,000 from the County of Orange. He added this combination would be sufficient for construction of the park. Mayor Pringle remarked that at one time there were guidelines established for naming city parks and while he was prepared to go forward with the approval of this item, he would like a fuller discussion related to naming City parks, in general, at a future meeting. Council Member Sidhu moved to approve Item No. 6, seconded by Council Member Hernandez. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. 25. ORDINANCE NO. 6169 (INTRODUCTION) AN ORDINANCE OF THE M142 CITY OF ANAHEIM amending various sections of Title 18 of the Anaheim Municipal Code (Zoning Code Amendment No. 2010 - 00088; front yard fence heights in the RH -1 zone, entitlement termination procedures, and noise standards for air conditioning and pool equipment). CJ Amstrup, Planning Services Manager, announced that last year Council had initiated a code amendment to modify permitted fence heights in the single family residential zone following Council's consideration of a height variation request for a fence in the Peralta Hills neighborhood. This proposal would increase the permitted height of front yard fences in the RHA zone located in Peralta Hills, and would allow fences up to six feet with pilasters up to eight feet provided the fence was visually open at 80 percent. No changes to permitted fence heights in other zones were included in this amendment but in addition to these changes, this amendment included other code changes including one that would remove the 50 decibel standard for air conditioning and pool equipment although this equipment would still be subject to other noise standards in the City. It would also allow staff to terminate zoning entitlements when that termination was requested by the property owner or an applicant. Currently, he explained, this action was required to be taken by the Planning Commission and it would also eliminate references to the zoning administrator which was a position previously eliminated from the code. Council Meeting Minutes of April 13, 2010 Page 9 of 10 Council Member Hernandez asked why the Planning Commission recommended denial of the portion of the amendment that would have raised the permitted front yard fence yard from three to four feet within the balance of the city. He expressed concern that the City may be perceived as applying a double standard. Mr. Amstrup remarked the RH -1 zone in Peralta Hills was unique with larger lots and wider frontages. He added that homes that were typically much larger aesthetically lent itself to the heightened fence design. In the remaining parts of the City, the standards were three feet for fence with four foot pilasters, adding that any larger size would look out of scale and be inconsistent with the size and patterns of development in those neighborhoods. Mayor Pringle added that the unique zoning in the Peralta Hills was what established the RHA zone and there was a minimum of one -acre lot size, in addition to other distinctions in terms of setbacks which is why different fence heights had been suggested. Council Member Galloway asked if a one acre lot in another area of the city could apply for the increased fence height with Ms. Vander Dussen stating it would not be applicable. Ms. Vander Dussen added in cases where a property owner had a larger than typical lot, a variance or administrative adjustment could be considered. Council Member Kring asked if there was a requirement for visibility for front yard fences relating to safety issues. Ms. Vander Dussen explained there were requirements for a certain amount of visibility with front yard fences to insure they do not block the view of drivers exiting the driveway. Mayor Pringle added that a few years ago, this size fence was allowed in Peralta Hills but through a zoning change, it was amended to conform this unique area to all other residential zones. That amendment caused problems and residents came forward and questioned why the taller fence height had been removed. Council at that time directed staff to reconsider a taller fence height in the Peralta Hills RHA zone as long as it met certain visibility standards and that was why this amendment returned to Council for consideration. Council Member Hernandez concurred and moved to introduce the ORDINANCE OF THE CITY OF ANAHEIM amending various sections of Title 18 of the Anaheim Municipal Code (Zoning Code Amendment No. 2010 - 00088; front yard fence heights in the RH -1 zone, entitlement termination procedures, and noise standards for air conditioning and pool equipment); seconded by Council Member Sidhu. Roll call vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. 27. Consider a proposed amendment to the City Charter to prohibit automated traffic M100 enforcement systems, commonly known as red light cameras, within the jurisdictional limits of the City of Anaheim. MOTION: P/H Mayor Pringle announced he had requested the City Attorney prepare a charter amendment to put before the voters a measure that would restrict or prohibit the use by the City of Anaheim of automated traffic enforcement systems commonly known as red light cameras. He added there was enough evidence that demonstrated that red light cameras did not make for safer intersections and the many cameras placed at intersections around the state were solely done for the purpose bringing in revenue through citations. He asked for council member's support. Council Meeting Minutes of April 13, 2010 Page 10 of 10 Council Member Hernandez supported this effort indicating he would second Mayor Pringle's motion to approve. Council Sidhu spoke of a red light ticket incident and remarked he was in concurrence with this measure and recommended it be placed on the November general election so as not to incur additional election costs to the City, outside the general election. Council Member Kring and Galloway also supported this amendment. Mayor Pringle moved to approve Item No. 27, seconded by Council Member Hernandez. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. Report on Closed Session Actions: None Council Communications: Council Member Hernandez encouraged residents to complete and return their census form and announced the upcoming All Star Game, which had the potential to increase transient occupancy tax as well as increase sales tax to the City during the event. He also reported the Red Cross CPR Day event to be held on April 17 at Angel Stadium. Council Member Galloway attended the dedication of the Anaheim Coves Nature Park (formerly Burris Pit) remarking it was a great collaboration between the City and Orange County Water District. She also recognized City employee, Erin Wahlen, Public Information Specialist. Council Member Kring spoke about the Anaheim Coves ground breaking, with local pre- school children dressed in butterfly outfits and releasing butterflies into the nature preserve. She announced the "Tip a Cop" fundraiser to be held on April 22 at Bubba Gump Shrimp Company to benefit the Special Olympics of Orange County and the 15 Annual Taste of Anaheim to be held on May 13 at the GardenWalk. She also requested a plaque and location map be placed at parks which contained memorial trees planted in honor and remembrance of those that had passed away. Council Member Sidhu spoke of the Anaheim Coves ground breaking and the Military Banner unveiling ceremony. He congratulated the Public Utilities Department on receiving the APPA Reliable Public Power award and spoke of Anaheim student, Jesse Gutierrez who received a $5,000 Disney scholarship for his anti - graffiti campaign called "Graffiti Hurts ". He also announced the Anaheim Orange County Job Fair to be held on June 2" Mayor Pringle announced the USA Men and Women Volleyball Team would be hosting a community fundraiser at Morton's on April 29 t h. Adjournment: At 7:36 P.M., Mayor Pringle recessed the April 13, 2010 meeting. Re ec ully sub fitted, Linda N. Andal, City Clerk