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2006/09/26 ANAHEIM, CALIFORNIA CITY COUNCIL MEETING OF SEPTEMBER 26, 2006 The September 26,2006 regular adjourned City Council meeting was called to order at 4:30 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. PRESENT: Mayor Curt Pringle and Council Members: Richard Chavez, Lorri Galloway, Bob Hernandez and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder. A copy of the agenda for the September 26th meeting was posted on September 22, 2006 at the City Hall exterior bulletin board. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9) Number of potential cases: one. Existing facts and circumstances: Degradation of Timken Road, a private street, relating to property grading and construction activities at 347 Timken Road. 2. PUBLIC EMPLOYEE APPOINTMENT Title: City Clerk Invocation: Flaa Salute: Pastor Randy Collins, The Rock Church in Anaheim Council Member Galloway Presentations: Recognizing the Mayor's Tech Scholar Program Student Scholarship Winners. Mayor Pringle provided background on the scholarship program, commenting Earthlink and the Anaheim Public Utilities Department had donated laptop computers and two years of WIFI connectivity to winning scholarship students. Mayor Pringle and Council introduced and recognized students from the seven Anaheim area high schools. Acceotance of Other Recoanitions (To be presented at a later date): Proclaiming October 2006 as Dyslexia Awareness Month Proclaiming October 2006 as Disability Awareness Month ANAHEIM CITY COUNCIL MEETING MINUTES September 26, 2006 - Page 2 Proclaiming October 2006 as Lupus Awareness Month - Liz Nicholson accepted the proclamation and thanked Council for its recognition of the fight to find a cure for Lupus. Recognizing The Chance Theater Repertory on its 8th anniversary Recognizing the Anaheim City Communicators Toastmasters Club. Patricia Adelekan from the Anaheim Toastmasters thanked Council for the recognition remarking that the nationwide organization was dedicated to improving communication and leadership skills. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): Francis Nutto, resident, expressed interest in the billboard agenda Item 14, remarking he had submitted a detailed report to the City six years ago regarding existing conditions of 87 billboards in the City; Mayor Pringle requested a copy of Mr. Nutto's report. Mr. Nutto recommended a sunset clause be attached to the billboard ordinance retiring the billboard after a certain number of years. William Fitzgerald spoke against the Family Justice Center, Eli Home and certain Council Members. MaY'Jr Pringle and Council Member Chavez refuted statements made by Mr. Fitzgerald. Elsie Reed, resident, thanked the City for the decision to purchase the Red Cross House, speaking of its value to the City as part of an educational historic tour of the museum, and the Mother Colony House. Ken Thomas, Traveler's RV Park resident, inquired if the City owned a portion of the RV Park, and requesting help for residents of the Park forced to vacate due to its closure. Mayor Pringle responded there was a utility easement crossing the property and that a portion of the north east corner of the property had been purchased for a street widening project, however, he affirmed that the RV Park property itself was not owned by the City. Natalie Meeks confirmed that the City did not own the park. Todd Johnson, Traveler's RV Park resident, expressed concern over the closing of the RV Park and the difficulties finding replacement housing, remarking he had applied for affordable housing through the City but had heard no results. Mayor Pringle referred Mr. Johnson to Elisa Stipkovich, Community Development Director for assistance. Larry Rosenberg, Anaheim Ballet, reported the Pearson Park summer program had a record number of participants this year and thanked all the sponsors as well as the City for their support of the program. Chris Lowe, Disneyland Resort, thanked the City and its employees for assisting in the first Disney Half Marathon September 16-17, 2006, reporting there were over 13,000 runners participating. Mayor Pringle remarked on the success of the event and the high tech features involved as runners with electronic chips on their shoes were given exact measurement details which could be viewed on line or sent to email accounts for others to track a runner's progress through the 13.5 miles. ANAHEIM CITY COUNCIL MEETING MINUTES September 26, 2006 - Page 3 Caesar Covarrubias, Kennedy Commission, spoke in support of Item No. 14, stating he had been working with staff on the language of the proposed ordinance related to SB 1818, however, pointing out he had some concerns that he would like Council to consider in revising the ordinance. Mayor Pringle indicated that the ordinance would be introduced at this meeting and Mr. Covarrubias could then work with staff on modifying language in the ordinance which would be returned to Council for consideration or adoption on October 17, 2006. Steve Faessel, resident, thanked Council for considering the acquisition of properties associated with the Mother Colony House. CONSENT CALENDAR: Council Member Hernandez removed Item No's. 7, 8 and 13 for separate discussion; Council Member Galloway removed Item No. 14 and Mayor Pringle requested discussion on Item No's. 15 and 18. Council Member Hernandez moved approval of the balance of the Consent Calendar Items 1- 29, seconded by Council Member Chavez to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez, and Sidhu. Noes - O. Motion carried 1. Receive and file the Library Board minutes of August 14, 2006, the City Treasurer's July B105 and August Portfolio reports, the Housing and Community Development Commission minutes of September 6, 2006, the Investment Advisory Commission minutes of February 21, 2006 and May 16, 2006, and the Community Services Board minutes of August 10, 2006. 2. Approve the Program Supplement Agreement No. 127 -M to Administering Agency-State 1654 Agreement No. 12-5055 for the Knott Street Improvement Project from 600 feet south of Ball Road to 825 feet south of Thornton Avenue. 3. Approve Agency/State Agreement for the Federal Aid Project No. 12-5055, Program 1654 Supplement No. 126-M for Brookhurst Street Improvements project from south of on/off ramps at 91 Freeway to Falmouth Avenue. 4. Approve the Acquisition Agreement for the purpose of real property located at 5700 East La 4204 Palma Avenue and authorize the acquisition payment of $16,500 to Samira A. Bahu for the State Route 90 Imperial Highway Widening Project. 5. Award the contract to the lowest responsible bidder, Hardy & Harper, Inc., in the amount of 4205 $490,832.25, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions for the Knott Avenue street improvements from 600 feet south of Ball Road to 825 feet south of Thornton Avenue project. 6. Approve eight agreements for vehicle towing and associated services for the Police 1607 Department, each a one-year term with four, one-year renewal options which may be exercised by the Chief of Police, and authorize the Chief of Police to execute any minor 1611 changes to the agreements and renewal options. ANAHEIM CITY COUNCIL MEETING MINUTES September 26, 2006 - Page 4 9. Accept the low bid of Shield Security, Incorporated, in the not-to-exceed amount of 1912 $815,200, including tax, for street sweeping parking enforcement for the Public Works Department, Facility Services Division, for a two-year period, with three, one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #6782. 10. Accept the bid of Omni Western, Incorporated, in the not-to-exceed amount of $66,879, D180 including tax, to purchase various warehouse tools for a period of one year, and authorize the Purchasing Agent to exercise up to three, one-year renewal options, all in accordance with Bid # 6783. 11. Ratify the issuance of purchase orders for three-phase distribution padmount transformers D180 to Ermco, c/o McAvoy and Markham, in the amount of $372,777.30, including tax, and to Cooper Power Systems, in the amount of $343,411.11, including tax, for the Public Utilities Department, all in accordance with Bid # 6765. 12. Approve expenditure appropriations totaling $68,907,650 from the prior fiscal year for D128 projects previously approved by the City Council but not yet completed. 16. Approve an agreement with Anaheim Aquatics Association, Inc., for co-sponsorship of 1913 competitive swim team programs. 17. Waive the competitive bid process and authorize the Finance Director to execute a Service D128 Enhancement Request to EDS in the amount of $391 ,000 for the expansion of the City's Enterprise Virtual Operations Center to the Metro Net agencies. 19. Approve the eleventh amendment to the contractual agreement between the City of 2989 Anaheim and E. Del Smith and Company extending federal supplemental advocacy services on a month-to-month basis from August 1, 2006 to July 31,2007. 20. RESOLUTION NO. 2006-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY D154 OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS ASSIGNED TO THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47. RESOLUTION NO. 2006-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 2000R-123 WHICH ESTABLISHED RATES OF COMPENSATION FOR JOB CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT. RESOLUTION NO. 2006-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 2000R-126 WHICH ESTABLISHED RATES OF COMPENSATION FOR JOB CLASSIFICATIONS DESIGNATED AS SUPERVISORY MANAGEMENT. RESOLUTION NO. 2006-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 2000R-124 WHICH ESTABLISHED RATES OF COMPENSATION FOR JOB CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT. ANAHEIM CITY COUNCIL MEETING MINUTES September 26, 2006 - Page 5 RESOLUTION NO. 2006-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 2000R-125 WHICH ESTABLISHED RATES OF COMPENSATION FOR JOB CLASSIFICATIONS DESIGNATED AS PROFESSIONAL MANAGEMENT. 21. RESOLUTION NO. 2006-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY D150 OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM AND, IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDING THE BUDGET FOR FISCAL YEAR 2006-07 ACCORDINGLY. 22. RESOLUTION NO. 2006-225 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. (City Deed No. 1 0981 ) 23. ORDINANCE NO. 6038 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2006- 00175). (700 East South Street) 24. ORDINANCE NO. 6039 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2006- 00176). (Parcel A - Intersection of Greenleaf Avenue and Glenoaks Avenue, Parcel B - Intersection of Crescent Avenue and Chippewa Avenue, and Parcel C - Intersection of Wilshire Avenue and Pearl Street) 25. ORDINANCE NO. 6040 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2006- 00178). (111-125 West Elm Street) 26. ORDINANCE NO. 6041 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM AMENDING CHAPTER 18.52 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DENSITY BONUS (ZONING CODE AMENDMENT NO. 2006- 00049). 27. ORDINANCE NO. 6042 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM AMENDING TITLE 4 AND TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BILLBOARDS. 28. ORDINANCE NO. 6037 (ADOPTION) AN ORDINANCE OF THE CITY OF T104 ANAHEIM LEVYING SPECIAL TAXES WITHIN CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 06-2 (STADIUM LOFTS). (Introduced at September 12, 2006 meeting, Item 39.) 29. Approve the regular City Council meeting minutes dated September 12, 2006. END OF CONSENT CALENDAR: ANAHEIM CITY COUNCIL MEETING MINUTES September 26, 2006 - Page 6 7. Authorize the Purchasing Agent to accept the low bid of Vision Communications, in the D180 amount of $132,188.27, including tax, for the purchase of twenty-one Motorola laptop computers and accessories for the Fire Department, all in accordance with Bid # 6810. Fire Chief Roger Smith briefed Council on the request to purchase 21 new mobile data computers for his department. He indicated the computers would replace existing models with updated and increased capabilities. City Manager Dave Morgan added the purchase would also standardize the units throughout the County of Orange fire system. Council Member Hernandez pointed out he pulled the item to emphasize the upgrades which would allow the Fire Department to provide improved general service but also allow the City to handle any emergencies and disasters more effectively by standardizing communications within other County fire agencies. With that said, Council Member Hernandez moved to approve Item No.7, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 8. Accept the bid and authorize the acquisition and installation of two hundred and twenty- D180 four mobile data computers from CDCE, Incorporated, in an amount not to exceed $1,625,587.35, including taxes, for the Police Department, all in accordance with Bid #6730. Police Chief Welter indicated the 224 mobile data computers requested would upgrade the Department's Records Management System (RMS) and Computer Aided Dispatching (CAD) systems and allow radio calls and data input inside police vehicles as well as being able to take the computers out of the vehicles for both input and retrieval of information in the field. Council Member Hernandez affirmed that while the City's current RMS system did not reflect true police unit response times, the upgraded equipment would do so. Mr. Morgan added that with the purchase of the computers, this would be the final step in upgrading the Police Department's CAD. Council Member Sidhu inquired if the 80 interchangeable laptop computers, also being purchased, were compatible with the Fire Department units. Chief Welter indicated that radio communications could interface between departments; however, interfacing with the Police CAD system was not yet in place, although discussion was occurring between Police and Fire Chiefs in the County on this issue. Chief Smith emphasized that radio communications between police and fire was occurring and that the Emergency Vehicle Operation (EVO) allowed CAD dispatch from Police and Fire to be viewed simultaneously. Council Member Galloway moved to approve Item No.8, seconded by Council Member Chavez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 13. Amend the FY 2005/06 budget by increasing appropriations in the Planning Department by D106 $461,000, in the Convention, Sports, and Entertainment Department by $272,000, and in the Fire Department by $585,000. Council Member Hernandez asked for a brief report on this item to emphasize to the public the reasons for amendments to the City's 05/06 budget. Mr. Morgan stated that at the end of the 05/06 fiscal year, the Planning, Convention Sports and Entertainment and Fire departmental budgets required adjustments. For Planning, he reported, due to higher than anticipated development occurring in the City, contract services had increased, adding this cost was ANAHEIM CITY COUNCIL MEETING MINUTES September 26, 2006 - Page 7 completely covered through revenues received and the amendment would correct the contract services appropriations. The Convention, Sports and Entertainment department, he explained, received a portion of the City's Transient Occupancy Tax (TOT) and since the TOT received had been higher than originally anticipated, the Department would receive additional funds necessitating an amendment. And, lastly, he pointed out, the Fire Department budget was being increased to reflect unexpected labor costs associated with emergencies or mutual aid, such as the Hurricane Katrina effort and wildfires. He added those labor costs were anticipated to be reimbursed through FEMA at close to 100 percent of cost. In answer to Council Member Sidhu's question, none of the costs would be covered through reserve funds and in the case of Planning and the Fire Department, costs would be reimbursed. Council Member Hernandez moved to approve Item No. 13, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 14. Approve and authorize the Executive Director to sign the Purchase and Sale Agreement for 4207 412 and 418 North West Street, and any other documents necessary for acquisition of both 4208 properties, amend the City's 2005-2010 HUD Consolidated Plan to allow the use of CDBG funds for purchase of 412 North West Street, and authorize payment of $750,000 in General Fund reserves to acquire, pay escrow and title fees, perform exterior repairs and paint the 1894 Victorian house at 418 North West Street. Terry Lowe, Community Services Director, briefed Council on the request to purchase property on North West Street in the historic area. He stated since 1962, the City had been operating successful educational history tours program for third graders in the Mother Colony House, an 1857 structure of some importance to the City with the adjacent Red Cross House providing restroom facilities for events occurring in the Colony House and utilizing an adjacent parcel for parking. He commented the properties were now for sale at a fair market price and staff recommended their purchase with the eventual intention of creating an historic mini-park on the site. Council Member Galloway believed it was a wise decision to purchase the properties and preserve the historic aspects of the structures for future generations and moved to approve Item No. 14, seconded by Council Member Chavez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 15. Approve and authorize the City Manager, or his designee, to execute a Letter of Intent D116 between the City of Anaheim and Contemporanea Progetti SRL; negotiate and execute a subsequent agreement to secure the opening exhibit "Imperial Rome" for the 'The Muzeo'; appropriate additional expenditures related to the agreement, the opening and second exhibit in the amount of $395,000; and appropriate additional expenditures related to required furniture, fixtures and equipment to support the opening of the Muzeo in the amount of $896,000. Mayor Pringle had pulled this item from the consent calendar to emphasize the activity going on in Anaheim relating to historic preservation. He noted that behind the Carnegie Library, a new structure had been constructed with units on the top and the ground floor designated as a history museum and library. He noted that the entire City's historical artifacts would be housed in the museum, now identified as the "Muzeo" to be used as an educational resource center. For the ANAHEIM CITY COUNCIL MEETING MINUTES September 26, 2006 - Page 8 opening in 2007 as a celebration of the City's sesquicentennial event, an important opening exhibit had been secured, artifacts related to "Imperial Rome", never before seen in the United States. He added that a foundation was being established to raise funds to support future exhibits and to keep the Muzeo successfully operating long after the City's investment. Mayor Pringle moved to approve Item No. 15, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 18. Approve distribution of a Request for Information (RFI) inviting outdoor advertisers to M142 submit recommendations for a billboard exchange program. Mayor Pringle indicated that Council had discussed the billboard RFI at a previous meeting and that his interest had been in hearing proposals from billboard advertisers as to what billboards they would remove on the City's corridors, what exchange ratio would be offered and where the exchange billboard was proposed to be located. He felt the RFI was too limiting and more detail should be added. He also was not concerned as to what advertising value was placed on proposed replacement billboards but was more interested in the number of billboards being removed versus the replacement. Council Member Sidhu concurred in that more detail should be added to the RFI and that the important issue in an exchange was the number of eyes that would view a billboard on a freeway or other site versus the numbers observing billboards on corridor streets. With no objection from Council, Item No. 18 was continued to October 3, 2006 to allow revisions to the RFI. 30. Appeal of order to abate a public nuisance at 373 South Ramsgate Drive. D112 Receive and consider administrative record and recommendation of Hearing Officer concerning Appeal of Dick Vogel and Barbara Cole, owners of the property at 373 South Ramsgate Drive, from an Order to Abate a Public Nuisance at said property; and consider abatement of nuisances at 357 and 365 South Ramsgate Drive. Jack White, City Attorney, reported Item No. 30 was the culmination of a lengthy process to declare public nuisances on four parcels on Ramsgate Drive. He noted the nuisance was caused by land movement and demolition work necessitating debris removal on the properties. He added one of the properties had completed debris removal; however the remaining three were still involved. The owners of 373 Ramsgate Drive had appealed the nuisance, a hearing officer had presided over the appeal and had recommended the nuisance be upheld. Staff was recommending Council confirm the hearing officer recommendation to declare three properties on Ramsgate Drive a public nuisance and approve an emergency contract to undertake removal of the debris and charge the cost to the property owners, should it be necessary. Council Member Chavez moved to: Approve and adopt the administrative record and findings of fact, deny the appeal and affirm the order to abate the public nuisance, clarify the order of abatement as recommended by the hearing officer and modify the order of abatement to provide that the property owners shall have ten (10) calendar days from the date of posting of the order to abate the nuisance or such nuisance shall be ANAHEIM CITY COUNCIL MEETING MINUTES September 26, 2006 - Page 9 abated by the City and approve the order as so modified, pursuant to recommendations of the hearing officer with regard to the property located at 373 Ramsgate Drive, Anaheim, California; to authorize and approve an emergency contract for the abatement by the City of the public nuisance located at 373 South Ramsgate Drive, Anaheim, California, in the event said nuisance is not completely abated by the owner(s) of said property within ten (10) calendar days from the date of posting of the order to abate; and to authorize and approve an emergency contract for the abatement by the City of the public nuisances pursuant to the final orders relating to the properties located at 357 and 365 South Ramsgate Drive, Anaheim, California. Motion was seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 31. Appointment of one representative to the Four Corners Transportation Coalition Board. 0148 With no objection from Council, Mayor Pringle continued the appointment to October 3, 2005. PUBLIC HEARING: 32. This is a public hearing to consider the approval of the Fifth Amended and Restated 1427 Franchise Agreement with Taormina Industries, LLC, a wholly owned subsidiary of Republic Services, Inc. Doris Roush, Public Works Operations Manager, indicated the Taormina Franchise agreement had been approved in 1994 for the collection, handling, processing, recycling, transportation and disposal of solid waste in the City and the 5th amended and restated agreement was to clarify contract language related to franchise management. Mayor Pringle opened the public hearing. William Fitzgerald, resident, urged denial of Item No. 32, stating the franchise should not be amended as William Taormina, a generous contributor of funds to the City, benefited by a contract never put out for competitive bid. With no other public input received, Mayor Pringle closed the hearing. Mayor Pringle countered remarks made stating the franchise agreement had been sold by the Taormina family several years ago, was now owned by another company and that the amended and restated agreement was to remove the names of Vince and William Taormina from the contract to reflect changes that had occurred in 2003. Council Member Sidhu supported the amendment stating he was pleased to see the City would have the right to approve any management individual working with the City on solid waste issues. Council Member Chavez moved to approve Ordinance No. 6032, seconded by Council Member Sidhu. ANAHEIM CITY COUNCIL MEETING MINUTES September 26, 2006 - Page 10 ORDINANCE NO. 6032 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE FIFTH AMENDED AND RESTATED FRANCHISE AGREEMENT FOR COLLECTION, HANDLING, TRANSPORTATION, PROCESSING, RECYCLING AND DISPOSAL OF CITY SOLID WASTE FOR TAORMINA INDUSTRIES, INC. (Introduced at the meeting of August 8, 2006, Item 39) Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried Report on Closed Session Actions: None Council Communications: Council Member Hernandez reported on the passing of retired City employees. Council Member Galloway reminded all of the City's150th Sesquicentennial kick-off events starting Thursday, October 4th, with a City hall open house and free American Idol concert at 5:30 p.m. Council Member Sidhu spoke of the many upcoming fall festivities scheduled from October 27 to the 29th. Council Member Chavez reported on the recent opening of the Anaheim Family Justice Center and announced the formal grand opening scheduled for October 3,2006, inviting the public to come in and take a look at the Center. Mayor Pringle identified event highlights scheduled for October, with the grand opening of the Family Justice Center midday on October 3rd, the Mayor's Prayer Breakfast scheduled for October 4th, the City Hall open house and American Idol Concert on October 4th, opening night for the Anaheim Ducks on October 6th and the Tiger Woods Block Party fundraiser on October 7th. He also reported the State had given Anaheim two tax credit awards related to affordable housing projects, after competing with a large number of projects statewide for those awards. He also spoke of OCTAjoining with the California High Speed Rail Authority for the engineering and design work for a north/south high speed rail on existing railroad segment in Anaheim. Adjournment: At 7:15 p.m., Mayor Pringle adjourned the meeting of September 26,2006; next meeting scheduled for October 3,2006. Respectfully submi d, ~oeder. MMC City Clerk