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2010/07/20ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF JULY 20, 2010 The regular adjourned City Council Session of July 20, 2010 was called to order at 3:00 P.M. and adjourned to 4:04 P.M. for lack of a quorum. The July 20, 2010 regular adjourned Council meeting was called to order at 4:00 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on July 16, 2010 on the kiosk outside City Hall. Council Member Kring on City business. PRESENT: Mayor Curt Pringle and Council Members: Lord Galloway, Bob Hernandez, and Harry Sidhu. Excused Absence: Council Member Kring. STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda Andal WORKSHOP - UNDERGROUNDING CONVERSION PROGRAM 5 -YEAR PLAN Dukku Lee, Public Utilities Department, presented the annual update to the Utilities Department five year undergrounding plan. He explained the program had been established in 1990 for the purpose of undergrounding major arterials within the City and was funded by a four percent surcharge on electric utility bills. To date, 98 circuit miles had been completed with over $144 million spent over the past 20 years on this program. A comment from last year's update was a request for a complete snapshot of the City's undergrounding plan and Mr. Lee indicated the map now before Council showed completed and active projects as well as those proposed for the future. The selection criteria used for this plan, he stated, was a balancing of five factors: project coordination with other street improvements to minimize construction impacts to neighborhoods, geographic diversity to ensure different areas received the same improvements and aesthetics, reliability and engineering criteria to determine aging facilities in need of replacement and to improve aesthetics while balancing available funds. The approval process for this annual five year plan began with an underground subcommittee comprised of Planning Commission members and some Public Utilities Commissioners. The full Public Utilities board then reviewed the plan and with their approval it was forwarded to Council for consideration. He added the five year plan was included on the consent calendar for action by Council this evening. The current five year plan contained 15 projects, one had been completed, three were under construction, three were in design and easement acquisition, two new districts had been formed last year and the balance were in the planning stage. He provided specifics on those projects as follows: The Euclid Avenue project located south of the 91 freeway to north of Crescent was now completed. That process entailed the actual undergrounding work and once that was completed, the system was energized and poles topped to the communication level and the street prepared to a full lane. Then communication companies came in one -by -one to underground their lines. Once the communication lines were completed, new street lights were installed, poles removed and roads repaired. This particular project, Mr. Lee stated, took eight months of construction time. Council Meeting Minutes of July 20, 2010 Page 2 of 11 Mr. Lee remarked the Department worked on improving customer notification, including changeable street messaging signs, preconstruction letters to residents and businesses, as well as notifying them of the sequence of scheduling and the anticipated duration of the project. After project completion, post messages were sent eliciting feedback and for the Euclid project, 22 out of 100 returned their surveys with most indicating they were satisfied or somewhat satisfied and a few indicating dissatisfaction. He added those individuals dissatisfied reflected traffic concerns as the real issue and the Department was now making an effort to do construction at major intersections and freeway off ramps during evening hours to minimize traffic impacts. During the last update, Council also asked that the pole remaining at Lincoln and Rio Vista be removed. To that end, staff was working with two communication companies to remove the pole. He added that the project was progressing, however; some conduits in the street had been damaged and were now being repaired which lengthened the process. He indicated the pole should be removed within three weeks. A new undergrounding district was being proposed on Brookhurst, north of Katella, planned in conjunction with the street widening on Brookhurst. The undergrounding would be accomplished prior to Public Works carrying out the street widening. He added on Katella, north of Ball, the electric facilities would be undergrounded and staff was working with Edison to get them to underground their facilities north of Cerritos to Ball. That construction was proposed to take place between 2012 and 2013. On Harbor Boulevard, from Vermont to Santa Ana, construction began in June and should be completed in March of 2011. Council Member Sidhu asked if the Department was working with Edison to get them to participate in joint trenching activities. Mr. Lee responded joint trenching discussions were already underway with Edison and for one specific project, SCE commitment had been received. The next project on Sunkist was also under construction, all substructures were completed, electrical cables installed and the system would be energized within two months. Once that was completed, the poles would be topped and staff would work with communication companies to remove the poles. On Euclid, the next portion would complete the undergrounding of Euclid in its entirety down to Katella Avenue. Staff was currently trying to acquire easements and working with individual property owners to place transformers and other devices. The La Palma / Brookhurst project was located westerly on La Palma all the way to Brookhurst. The Lincoln /Magnolia project was the Department's first design /build project. The overhead facilities were congested with quite a few communication facilities in place. Staff was able to begin construction on transmission facilities in June and to do parallel work on easements to property owners affected by the project. He noted Edison had facilities on Lincoln and agreed to joint trench on this stretch and they also had facilities on Lincoln and Dale with staff working with the SCE engineering group to design this system. The Imperial Highway project was located south of the 91 freeway to north of the river with poles fairly close to the freeway. He remarked if the City did not underground those lines, they would have had to relocate the poles. In this case, the Department would be removing both transmission and distribution facilities on the poles. Mayor Pringle asked if the City would be reimbursed for any portion of these costs as CALTRANS was requiring relocation of the lines. Council Meeting Minutes of July 20, 2010 Page 3 of 11 Mr. Lee indicated reimbursement was estimated at approximately ten percent of the project cost or $160,000. Mayor Pringle asked that he be apprised of the status of reimbursement request. Mr. Lee remarked staff had proposed acceleration of the Westmont project to 2013/2014 as there were a number of planned construction activities happening in this area and in terms of project sequence, it would begin after the Brookhurst project. For the project scheduled for Mira Loma, specifically from the 91 freeway over to Kraemer, the Department was installing the substructure ahead of the Canyon Power Project and there would be no need to re- excavate that area. Once the district was formed, Mr. Lee informed Council, the installation would then be completed. On Cerritos / Nutwood, the Department's facilities ran northerly on Nutwood and also on Cerritos and this project would clean up that area and provide a linkage between Katella and Euclid. On La Palma, between the two freeways, both facilities and transmission lines would be undergrounded. The Ball /Brookhurst project also included both transmission and distribution lines and this project would clean up Ball Road between Brookhurst and Euclid. The Olive/Vermont project would dove -tail with the Colony Park improvements and continue on Vermont all the way to State College Boulevard. The last project, he stated, was Lincoln /Rio Vista, proposed for the future including boring under the 57 freeway all the way south of the 91 freeway. Mayor Pringle remarked these projects were a high priority for the City using resources to not only beautify Anaheim but to improve the electrical services as well. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:24 P.M., Mayor Pringle recessed to close session for the following items: CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 5496.9 of the Government Code) Name of Case: Sieni Patu v. City of Anaheim, et al., United States District Court, Case No. CV 09 -04199 RGK (Ex). 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 5496.9 of the Government Code) Name of Case: Jerry Alexander et al. v. City of Anaheim et al., USDC Case No. CV08- 08596 DOC (ANx). 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 5496.9 of the Government Code) Name of Case: Qualified Patients v. City of Anaheim, et al., Orange County Superior Court, Case No. 07CC09524; 4th District Court of Appeal, Case No. G040077. 4. 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. Council Meeting Minutes of July 20, 2010 Page 4 of 11 City Council session was reconvened at 5:07 P.M. Invocation: Ms. Doreen Masrori, Bahai Local Spiritual Assembly of Anaheim Flap Salute: Mayor Pro Tern Harry Sidhu Acceptance of Other Recognitions (To be presented at a later date): Recognizing Camp Fire USA on their 100 Anniversary Lizz Mishreki, Board Member of Camp Fire USA, thanked Council for recognizing the youth organization as it celebrated 100 years of building caring and confident youths and future leaders. Recognizing the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention ADDITIONS /DELETIONS TO THE AGENDA: Public Hearing, Item No. 28, continued to July 27, 2010 at the request of staff. PUBLIC COMMENTS (all items except public hearings): James Robert Reade, resident, voiced concerns over the City's handling of his litigation response and ongoing concerns with the Anaheim Police Department. Jeffrey Wilson, resident, addressed complaints regarding neighborhood noise nuisance in June and lack of response from the Police Department. Mayor Pringle requested staff investigate the complaints and provide follow -up to Council. Katie Maneeley, requested Council place a ban on animal circuses siting cruelty and abuse while training elephants and other circus animals. Ray Harkins, People for Ethical Treatment of Animals (PETA), requested Council consider banning performing animal acts in Anaheim citing the various abusive training methods for young elephants. Carol Buckley, Tennessee Elephant Sanctuary, detailed the training practices for circus elephants and impacts to these animals. Dave Simon, Orange County People for Animals, discussed safety public issues when captured animals retaliate against cruel behavior. Andre Du Brock, from Kansas City, spoke against exotic animal performances siting his own personal experience with Ringling Bros. He urged placing a ban on exotic animal circuses in the City. William McHenry, resident, remarked the evidence of cruel circus animal training practices was overwhelming and urged a ban on animal circuses in the City. Julie Curran - Meskell, Orange County People for Animals, stated most people were universally opposed to the cruelty and barbarity towards circus animals and called for a ban on such events. Council Meeting Minutes of July 20, 2010 Page 5 of 11 Alma Ramirez, resident, spoke on several issues. Gail Eastman, expressed concern that the bid for this historic park might come in higher than funding, asking Council to support the total package. Catherine Smith, resident, concurred with the recommended ban against animal circuses, stating it was time to move away from animals providing entertaining to entertaining with human skills. CONSENT CALENDAR: Council Member Hernandez requested Item No's. 2, 16 and 21 be removed from the consent calendar for further discussion; Council Member Galloway pulled Item No's. 12 and 24. Council Member Sidhu moved to waive reading in full of all ordinances and resolutions and to adopt the balance of 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 Hernandez Roll Call Vote: Ayes — 4: Mayor Pringle and Council Members: Galloway, Hernandez, and Sidhu. Excused Absence —1: Council Member Kring. Noes — 0. Motion Carried Receive and file minutes of the Senior Citizens Commission meeting of March 11, 2010; Cultural and Heritage Commission meeting of April 15, 2010 and Public Utilities Board meetings of April 28, 2010 and May 26, 2010. 3. Accept the low bid of Victor Concrete, in the amount of $368,960, for concrete removal and replacement services at various locations throughout the Anaheim Resort Maintenance District, for a one year period with four one -year renewal options, and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #7367. 4. Award the contract to the lowest responsible bidder, Black Rock Construction, in the amount of $41,252.50, for sidewalk improvements to 803 and 809 South Knott Avenue, AGR -6320 west side of South Knott Avenue between Rome Avenue and Mount Waterman Drive, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 5. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $676,047.48, for street improvements on Nohl Ranch Road from Meats Street to AGR -6321 Rolling Hills Street and sidewalk improvements on Royal Oak Road from Nohl Ranch Road to Honeywood Lane and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 6. Approve the City -wide model site license agreements for wireless telecommunication facilities on City facilities and property (Stand -alone Facility Agreement, Mounted Facility Agreement and Light Pole Facility Agreement); authorize city Department Heads to negotiate, execute, and take actions necessary to implement such agreements; authorize de minimus changes to the model agreements as approved by the City Attorney; and authorize the Risk Manager to modify insurance requirements and indemnification provisions that are in the best interests of the City. 7. Approve Amendment No. 2 to Cooperative Agreement No. C -8 -0855 with Orange County Transportation Authority for the rail- highway grade crossing safety AGR - 5407.2 enhancements and safety measures related to Quiet Zone Implementation project, which will increase the City's share of estimated project cost by $250,584 from $1,708,248 to $1,958,832. Council Meeting Minutes of July 20, 2010 Page 6 of 11 8. Approve an agreement with CH2M HILL for on -call professional civil engineering AGR -6322 services for Public Works for a three -year term with the option to renew for up to two one -year terms, at the sole discretion of the Public Works Director. 9. Approve an agreement with Community Services Programs, Inc., in an amount not to AGR -6323 exceed $174,765, for consulting services to victims of sexual assault. 10. Approve the First Amendment to the Memorandum of Agreement with T- Mobile West AGR- Corporation, dba Cingular Wireless, for purposes of memorializing the approved 2010 1675.I.0.1.1 First Amendment to the Communications Site Lease that authorized a second cell site at the Convention Center. 11. Approve the First Amendment to Agreement with Johnson Fain, Inc., to expand the scope of work, extend the contract term to July 31, 2010 and increase the not -to- exceed AGR - 6150.1 amount from $98,400 to $108,700, for additional services related to the development of a preliminary concept plan for an Anaheim Convention Center Transit Station as part of the Anaheim Rapid Connection. 13. Approve the proposed Five -Year Underground Conversion Plan for fiscal years 2010/11 D182 to 2014/15. 14. Approve and authorize the Public Utilities General Manager to execute the Assignment and Assumption Agreement and related documents between the City, Development AGR- 5416.I Resource Consultants, Inc., and DRC Engineering, Inc., consenting to the assignment of an existing General Services Agreement with Development Resource Consultants, Inc. to DRC Engineering, Inc. for civil engineering services. 15. Approve and authorize the Public Utilities General Manager to execute and take necessary actions to implement the Agreement for Replacement of Overhead with AGR -6324 Underground Communication Facilities and related documents with Pacific Bell Telephone Company, dba AT &T, to facilitate joint trench construction and cost sharing for work within Underground District No. 48 - Harbor Boulevard. 17. RESOLUTION NO. 2010 -103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a public utility easement located at 366 Peralta Hills Pilo Drive pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment No. ABA 2009 - 00203). 18. RESOLUTION NO. 2010 -104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM finding that it is in the best interest of the City to authorize the sale AGR -6325 of City owned property located at 800 South Western Avenue and authorize City to enter into a Purchase and Sale Agreement with Savanna School District (ABA2010- 00194). 19. RESOLUTION NO. 2010 -105 A RESOLUTION OF THE CITY COUNCIL OF D154 THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications assigned to the Teamsters, Local 952, and the City of Anaheim. 20. RESOLUTION NO. 2010 -106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Fire Chief, or his designee, to submit applications on R100 behalf of the City of Anaheim to the California Department of Resources Recycling and Recovery for the Used Oil Payment Program (OPP), and authorizing the acceptance of Council Meeting Minutes of July 20, 2010 Page 7 of 11 such payments made through the OPP on behalf of the City, and amending the budget for the applicable fiscal year accordingly. 22. ORDINANCE NO. 6172 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding section 14.32.161 to Chapter 14.32 of Title 14 of M142 the Anaheim Municipal Code relating to parking on designated streets (Introduced at Council meeting of June 22, 2010, Item No. 53). 23. ORDINANCE NO. 6173 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending subsection .020 of Section 18.24.030 of Chapter 18.24 of Title 18 C280 of the Anaheim Municipal Code (Zoning Code Amendment No. 2010 - 00090; DEV2010- 00069; Breweries and wineries in the South Anaheim Boulevard Corridor overlay zone; Introduced at Council meeting of June 22, 2010, Item No. 54). 25. Approve minutes of the adjourned and regular meetings held on June 22, 2010. END OF CONSENT CALENDAR: 2. Authorize the Purchasing Agent to issue purchase orders, in a total amount not -to- exceed $4,438,500 (plus applicable taxes), for various City vehicles, increase the Fleet D128 Services Automotive Equipment appropriations for fiscal year 2010/11 by $1,457,500 to include replacement of two fire pumper apparatus, two compact pickup trucks, one forklift identified after the budget had been submitted, increased costs for hybrid /alternative fuel vehicles, the contingency replacement of vehicles severely damaged in accidents and a 10% contingency for unexpected costs associated with these vehicle purchases. Natalie Meeks, Public Works Director, announced the City was successful in receiving a grant to cover about 50 percent of the purchase price of two fire trucks. She stated the fire fleet was aging and staff had been exploring ways to renew that fleet for the last couple of years and receiving this grant would allow for the purchase of two trucks with the remaining funds coming from fleet funds. Council Member Hernandez remarked the fire pumpers being replaced were put into service in 1986 and had been used for 24 years, at least ten years longer than most fire vehicles. He added the longevity of these vehicles was due to the commitment and involvement of fire personnel who developed specifications for all fire apparatus specifically suitable to the City's use. He then moved to approve Item No. 2, seconded by Council Member Galloway. Roll Call vote: Ayes — 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence — 1: Council Member Kring. Noes — 0. Motion Carried. 12. Accept the security deposit and miscellaneous credits, in the amount of $45,114.59, D160 returned to the City from the lease agreement for the Anaheim Family Justice Center (AFJC) building and donate it to the AFJC Foundation to further support the efforts of the Justice Center. Police Chief John Welter explained when the City leased the building for the Family Justice Center, a security deposit and other miscellaneous credits were included in the lease. This year, Council approved the purchase of this building using CDBG funds and as a result of the lease termination, the security deposit was being reimbursed in full along with some Council Meeting Minutes of July 20, 2010 Page 8 of 11 miscellaneous credits. He stated staff was requesting these reimbursement funds be donated to the AFDC Foundation to continue efforts in crime prevention and community outreach. Council Member Galloway remarked she was proud of the work done by the justice center and the impact it made on victims of family crimes and moved to approve Item No. 12, seconded by Council Member Hernandez. Roll Call vote: Ayes — 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence — 1: Council Member Kring. Noes — 0. Motion Carried. 16. RESOLUTION NO. 2010 -102 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM authorizing the submission of an application to the State of California Department of Housing and Community Development for Designation of the Anaheim Enterprise Zone. Sheri Vander Dussen, Planning Director, announced the California Department of Housing and Community Development was accepting applications to designate two (2) Enterprise Zones in 2010. These zones were chosen in a competitive process on the basis of points earned by the application submitted by the City and if awarded, would last until 2025. She added it was one of the most effective methods of strengthening the economy by attracting businesses that could provide employment to residents who were economically disadvantaged. The boundaries of the zone must include both residential areas and adjacent business areas where residents could be employed and covered about one third of the City. She added staff felt the City had a strong case for award of the Enterprise Zone and had received the full support of the Chamber of Commerce. She noted the resolution before Council was required by the State in order for the City to submit application. Council Member Hernandez remarked this action was a good example of the City promoting business opportunities in Anaheim and if awarded, would stimulate business along with having a positive budget impact. He then moved to approve RESOLUTION NO. 2010 -102 OF THE CITY OF ANAHEIM authorizing the submission of an application to the State of California Department of Housing and Community Development for Designation of the Anaheim Enterprise Zone, seconded by Council Member Sidhu. Council Member Sidhu also urged citizens to contact legislators in support of this effort. Roll Call vote: Ayes — 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence — 1: Council Member Kring. Noes — 0. Motion Carried. 21. RESOLUTION NO. 2010 -107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Continuity of Operations Plan for the City of Anaheim. D129 Authorize the City Manager or Fire Chief to submit the Continuity of Operations Plan to the California Emergency Management Agency. Acting Fire Chief Larry Waterhouse remarked the City Manager encouraged staff to look into a companion plan to the City's disaster plan to identify areas of concern before a disaster happened. This Continuity of Operations Plan or COOP would lay in place all procedures and policies to get the City back into the day -to -day business after a disaster. Federal grant funds were used to put together a plan for both Anaheim and Santa Ana with each City department prioritizing daily business and identifying alternative work spaces and resources. Council Member Hernandez remarked it should be comforting for the community to know City staff was prepared with an in -depth plan to continue City operations during large scale emergencies and moved to approve RESOLUTION NO. 2010 -107 OF THE CITY OF ANAHEIM Council Meeting Minutes of July 20, 2010 Page 9 of 11 approving the Continuity of Operations Plan for the City of Anaheim and authorizing submittal of same to California Emergency Management Agency, seconded by Council Member Galloway. Roll Call vote: Ayes — 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence — 1: Council Member Kring. Noes — 0. Motion Carried. 24. ORDINANCE NO. 6174 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Title 2 of the Anaheim Municipal Code by adding a new Chapter 2.14, Sections 2.14.010 et seq., relating to the establishment of tourism improvement districts. Greg Garcia, Deputy City Manager, reported this ordinance outlined procedures required for establishing tourism improvement districts for the City. For the past few years, he noted, representatives from the Anaheim /Orange County Visitors and Convention Bureau (VCB) together with City staff and members of the local hotel industry explored the merits of implementing a Tourism Improvement District (TID) in Anaheim. Because of competitive venues and destinations, the City felt it must take a more comprehensive and sustainable approach to marking and promoting the City as a tourist and convention destination. Currently, he stated, the VCB did not have adequate, reliable resources to grow or even maintain the current market share of the convention and leisure business. The formation of a TID in Anaheim would allow the tourism industry to expand funding for marketing activities through a cooperative partnership funded by the hospitality industry. He explained this new source of revenue would also allow Anaheim to retain and expand the current share of the convention market, as well as provide immediate opportunities for hotels to attract new business. He added Irvine, Huntington Beach and Newport Beach, recently passed TID's, as well as San Francisco and San Diego. Los Angeles, another competitor, was working to pass its own TID in the near future. Council Member Galloway was supportive of this effort in remaining competitive to fight for tourism dollars. She commended hotels and the hospitality business for taking it upon themselves to create this partnership and moved to introduce the ordinance, seconded by Mayor Pringle. Roll Call Vote: Ayes — 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence — 1: Council Member Kring. Noes — 0. Motion carried. 26. RESOLUTION NO. 2010 -108 A RESOLUTION OF THE CITY COUNCIL OF THE T104 CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle). Item No's. 26 and 27 were presented together by Kristine Ridge, Acting Finance Director. She remarked these two items related to Platinum Triangle Community Facilities District (CFD). This CFD encompassed 375 acres in the Platinum Triangle, was initially established in 2008 with authorization to issue bonds and approve the levy of special taxes. The resolutions Council were considering would levy special taxes for the current fiscal year in anticipation of issuance of bonds and also authorize issuance of special tax bonds not to exceed $40 million. She indicated the amount of the levy was determined in accordance with the adopted rate and method of apportionment for this district and these special taxes would provide approximately $2.4 million in this fiscal year to pay the cost of CFD 08 -1. Council Member Hernandez moved to approve RESOLUTION NO. 2010 -108 OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08 -1 Council Meeting Minutes of July 20, 2010 Page 10 of 11 (Platinum Triangle) seconded by Council Member Sidhu. Roll Call vote: Ayes — 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence —1: Council Member Kring. Noes — 0. Motion Carried. 27. RESOLUTION NO. 2010 -109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the issuance of not -to- exceed $40,000,000 aggregate T105 principal amount of City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle) Special Tax Bonds, Series 2010, approving the execution and delivery of an indenture, a bond purchase agreement and a continuing disclosure agreement and the preparation of an official statement and other matters related thereto. Council Member Hernandez moved to approve RESOLUTION NO. 2010 -109 OF THE CITY OF ANAHEIM authorizing the issuance of not -to- exceed $40,000,000 aggregate principal amount of City of Anaheim Community Facilities District No. 08 -1 Special Tax Bonds, Series 2010, approving the execution and delivery of an indenture, a bond purchase agreement and a continuing disclosure agreement and the preparation of an official statement and other matters related, seconded by Council Member Sidhu. Roll Call vote: Ayes — 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence — 1: Council Member Kring. Noes — 0. Motion Carried. PUBLIC HEARINGS: 28. Staff request continuance to July 27, 2010. This is continued budget public hearing to consider a resolution revising fees for services rendered by the Anaheim Fire Department for fiscal year 2010/11. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM revising fees for services rendered by the Anaheim Fire Department and establishing the effective date of fees (continued from Council meeting of June 22, 2010, Item No. 58 -K). This item continued to July 27, 2010 Council meeting as requested by staff. 29. This is a public hearing to consider a resolution for abandonment of a 5 -foot wide easement for road and public utility purposes along the north side of Orangewood Pilo Avenue adjacent to 1550 West Flippen Circle. RESOLUTION NO. 2010 -110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating an easement for road and public utility purposes located at 1550 West Flippen Circle (Abandonment No. ABA 2010 - 00184). Natalie Meeks, Public Works Director, reported this abandonment had been requested by the applicant in order to construct a concrete block wall at the rear of their residential property located at 1550 West Flippen Circle. This property was dedicated in the 1950's when the home was built and staff was not clear on why this property differed from its neighbors and as there were no plans to widen the street, staff had no problem with the abandonment. She added the property owner would take over this retaining wall and make the necessary improvements to it. Council Member moved to approve RESOLUTION NO. 2010 -110 OF THE CITY OF ANAHEIM vacating an easement for road and public utility purposes located at 1550 West Flippen Circle, seconded by Council Member. Roll Call Vote: Ayes — 4: Mayor Pringle and Council Members: Council Meeting Minutes of July 20, 2010 Page 11 of 11 Galloway, Hernandez and Sidhu. Excused Absence — 1: Council Member Kring. Noes — 0. Motion Carried. Report on Closed Session Actions: None Council Communications: Mayor Pringle expressed his condolences to the family of Staff Sgt. Marc Arizmendez who lost his life in Afghanistan. He added Anaheim's Military Banner program would honor Sgt. Arizmendez and other fallen soldiers. He commended staff and the partnerships with Angels Baseball, Major League Baseball (MLB) and the Anaheim Convention & Visitors Bureau for their successful All Star Game and Fanfest activities. He also recognized and thanked MLB and the Angels Baseball Foundation for their contribution to the ball field upgrades at Pioneer Park. Council Member Hernandez offered his condolences to the family of Staff Sgt. Marc Arizmendez and thanked MLB for their contributions to Pioneer Park by developing two ball fields, one of which would be used for youths with disabilities. He announced a forum would be scheduled in October at the Downtown Community Center to bring awareness of the housing shortage for people with disabilities, encouraging legislators and interested persons to attend. He requested the on -going audio problems in the Council Chambers be resolved. Council Member Galloway congratulated staff on the success of the All Star events, remarking Anaheim was part of the world stage with this type of successful event. While not recommending a ban on circuses in the City, she expressed concern with the unethical treatment of trained animals. She also recognized Convention Center employee Perry Gather. Council Member Sidhu also congratulated City staff in hosting the All Star event and paid special thanks to Arte Moreno and the Angel's Baseball Foundation for improving quality of life for youngsters in our community. He announced the 4 th Annual Free Health Fair to be held at the Brookhurst Community Center on August 7, inviting the Anaheim community to attend for various free medical consultations. He thanked Chuck O'Connor for his years of service to the City and congratulated Belinda Brewer, recently promoted to Police Captain. Council Member Sidhu requested this meeting be adjourned in memory of Staff Sgt. Marc Arizmendez. Mayor Pringle remarked that many groups were opposed to exotic animals in circuses but he was of the opinion there were ways to treat all animals humanely and have them be part of entertainment. Adjournment: At 6:57 P.M., Mayor Pringle adjourned the July 20 Council meeting in memory of Staff Sergeant Marc Arizmendez. Re ec Ily submitted, Linda N. Andal, CMC City Clerk