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HomeMy WebLinkAbout07-06-2010 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 6, 2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:33 p.m., Tuesday, July 6, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. I. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Susan Hulse v. LAFCO & City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVDS 1002077; Elvia A!(uilar v. City of San Bernardino, Officer Juan Ochoa and Officer Andrew Honeycutt - United States District Court, Case No. CV 10-03659 SJO (PLAx); 07/06/2010 Raymond Reyes v. County of San Bernardino & Burrtec Waste Industries _ San Bernardino County Superior Court, Case No. CIVDS 916404. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) One Case C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: ~id-~anagement General ~anagement/Confidential Fire Safety Fire ~anagement Police ~anagement G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that one additional case would be discussed in closed session, as follows: William H. Schneid, an individual v. City of San Bernardino, a public corporation and Does I-50 - Superior Court Case No. CIVDS 1009217. 2 07/0612010 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Council Member/Commissioner McCarnmack requested a moment of silence III memory of Robert Adams. Invocation/Pledge of Allegiance The invocation was given by Elder Eddie Kelly of the Living Faith Gospel Church. The pledge of allegiance was led by First Ward Councilwoman Virginia Marquez. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations Mayor Morris introduced Milo Victoria, the new CEO/General Manager of Omnitrans, who provided information on some of their future plans for the area and thanked the Mayor and Council for their continued support. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: May 3- 5,2010. The motion carried unanimously. 3 07/06/2010 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 17, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated July 6, 2010, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 9. RES. 2010-223 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 2010/2011. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-223 was adopted unanimously. 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion carried unanimously. lOA. RES. 2010-224 - Resolution of the Mayor and Common Council ratifying the adoption of Resolution No. 2010-221 approving and adopting the City of San Bernardino's Final Budget for Fiscal Year 2010-2011; and directing the establishment of the City's appropriation limit as required by Article XIII B of the California State Constitution. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-224 was adopted unanimously. 4 07/06/2010 11. RES. 2010-240 - Resolution of the Mayor and Common Council of the City of San Bernardino in support of the California Jobs Budget. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-240 was adopted unanimously. 12. RES. 2010-225 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application for the Fiscal Year 2010 Metropolitan Medical Response System (MMRS) to the San Bernardino County Fire Department Office of Emergency Services and authorize the Fire Department to administer the grant. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-225 was adopted unanimously. 13. RES. 2010-226 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application for the Fiscal Year 2010 Homeland Security Grant Program to the San Bernardino County Fire Department Office of Emergency Services and authorize the Fire Department to administer the grant. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-226 was adopted unanimously. 14. RES. 2010-227 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with Lien On Me, Inc. to provide bill review services for the City's Workers' Compensation Program. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-227 was adopted unanimously. 15. RES. 2010-228 - Resolution of the Mayor and Common Council of the City of San Bernardino executing a Service Agreement with the Counseling Team International to perform pre-employment psychological evaluations. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-228 was adopted unanimously. 5 07/06/2010 16. RES. 2010-229 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the award of an annual purchase order for the City's 800 MHz VoicelData Backbone, MDC maintenance, dispatch console maintenance, and user equipment maintenance with the County of San Bernardino's 800 MHz Group. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-229 was adopted unanimously. 17. RES. 2010-230 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the award of a purchase order for maintenance services to Tiburon Inc. of Pleasanton, California. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-230 was adopted unanimously. 18. RES. 2010-231 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Hillcrest Contracting, Inc. for street improvements and beautification project on Victoria Avenue from Highland Avenue to 28th Street - Phase II (SS05-25) per Project Plan No. 12321. Council Member/Commissioner McCammack stated that she would abstain on this item because San Manuel is funding this project and they are one of her business clients. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-231 was adopted with McCammack abstaining. 19. Item Deleted. 20. RES. 2010-232 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the City Manager to execute a Lease Agreement between the City of San Bernardino and T-Mobile West Corporation for the lease of six hundred twenty (620) square feet of City owned property at Tom Minor Park located on the northeast corner of Palm Avenue and Irvington Avenue for a cellular tower disguised as three flagpoles and appurtenant facilities (APN 0261-691-48). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that the 6 07/06/2010 Director of Finance be authorized to amend the 2010/11 adopted budget by increasing Revenue Account Number 001-400-4523-0000-0000 by $34,300; General Government Expenditure Account Number 001-090-5502-0000-0053 by $6,300; and Parks and Recreation Expenditure Account Number 001-380-5706- 0000-0072 by $7,000. The motion carried and Resolution No. 2010-232 was adopted unanimously. Subsequently, it was noted that a speaker slip had been submitted on this item. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that Agenda Item No. 20 be reconsidered. The motion carried unanimously. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted; and that the Director of Finance be authorized to amend the 2010/11 adopted budget by increasing Revenue Account Number 001-400-4523-0000-0000 by $34,300; General Government Expenditure Account Number 001-090-5502-0000-0053 by $6,300; and Parks and Recreation Expenditure Account Number 001-380-5706- 0000-0072 by $7,000. The motion carried and Resolution No. 2010-232 was adopted unanimously. 21. RES. 2010-233 - Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of Pico Avenue between nth Street and Base Line Street and reserving utility easements therein. City Attorney Penman advised that he had declared a conflict because this vacation is being requested by the school district and his wife is a member of the school board. He stated that Agency Counsel Sabo had reviewed the resolution. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-233 was adopted unanimously. 22. RES. 2010-234 - Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of Turrill Avenue between 14th Street and 16th Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue and reserving utility easements therein. City Attorney Penman advised that he had declared a conflict because this vacation is being requested by the school district and his wife is a member of the school board. He stated that Agency Counsel Sabo had reviewed the resolution. 7 07/06/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-234 was adopted unanimously. 23. RES. 2010-235 - Resolution of the City of San Bernardino approving Amendment No.5 to Services Agreement with ICF/Jones & Stokes for provision of professional environmental services for the design of the Mt. Vernon Ave. Viaduct over the BNSF Railroad. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-235 was adopted unanimously. 24. RES. 2010-236 - Resolution of the City of San Bernardino amending Resolution No. 2009-356 authorizing execution of a Cooperative Agreement with the County of San Bernardino and the City of Highland for Rehabilitation of Pacific Street, from Perris Hill Park Road to Victoria Avenue (SS08-28). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-236 was adopted unanimously. 25. RES. 2010-237 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution... designating certain streets, or portions thereof as through highways..." and establishing a two- way stop at the intersection of Union Street and Ramona Avenue. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-237 was adopted unanimously. 26. RES. 2010-241 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution... designating certain streets, or portions thereof as through highways..." and establishing a four- way stop at the intersection of Marshall Boulevard and Leroy Street. City Attorney Penman advised that he had declared a conflict because his residence is within 500 feet of this project and that Agency Counsel Sabo had reviewed the resolution. Council Member/Commissioner McCamrnack made Council Member/Commissioner Shorett, that said Resolution No. 2010-241 was adopted unanimously. a motion, seconded by resolution be adopted. 8 07106/2010 27. RES. 2010-238 - Resolution of the City of San Bernardino authorizing execution of Amendment No. 1 to Agreement for Services with Transportation Engineering & Planning, Inc. for on-call traffic engineering services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-238 was adopted unanimously. 28. RES. 2010-239 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of two project applications for FY 2010 Safe Routes to School (SR2S) Program funding. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-239 was adopted unanimously. 29. RES. 2010-242 - Resolution of the City of San Bernardino authorizing the execution of an agreement with PMR Progressive LLC to provide collection services of delinquent accounts for the City of San Bernardino. (Continued from July 21,2010.) Note: No resolution was distributed with the backup materials. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that the agreement take effect on September 2, 2010. The motion carried and Resolution No. 2010-242 was adopted unanimously. 30. Resolution of the City of San Bernardino authorizing the execution of an agreement with Mercer Health and Benefits LLC to provide broker and administration services for the City's Healthcare Program. (Continued from June 21, 2010.) Note: No resolution was distributed with the backup materials. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be tabled. The motion carried unanimously. 9 07/06/2010 31. Authorization for the Human Resources Department to proceed with the reduction of the Fire Department's staffmg levels Council Members/Commissioners McCammack and Kelley expressed concern that there was nothing to guarantee that after the grant funds are depleted in two years, that it would be possible to get the positions back. Public Comments: Joe Ortiz, San Bernardino, CA. Robert Jenkins, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the Human Resources Department be authorized to reduce the Fire Department's staffmg levels. The motion carried with Desjardins, Kelley and McCammack voting "no." 32. Legislative Review Committee pending items Public Comments: Joe Ortiz, San Bernardino, CA. City Attorney Penman stated that relative to the issue of not violating the Brown Act, the attorney general has indicated that if an item goes to committee and comes back and is discussed, that wipes the slate clean and you start all over. To make sure of that, he stated that he would briefly discuss each of the four items so that the City would be in compliance with the law. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the following pending items be referred back to the Legislative Review Committee: a) ordinance amending Chapter 9.04 of the Municipal Code relating to improper use of City insignia; b) review of Chapter 3.04 of the Municipal Code regarding purchasing system; c) discussion of Section 2.17 of the Municipal Code regarding boards, bureaus and commissions; and d) discuss and take possible action regarding the naming of public facilities. The motion carried unanimously. 33. Discuss and take possible action concerning the implementation of a 'Iz-cent Local Transactions and Use Tax (Continued from June 30, 2010.) Public Comments: Joe Ortiz, San Bernardino, CA. Robert Jenkins, San Bernardino, CA. 10 07/06/2010 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the City Manager's Office be authorized to proceed with the Local Transaction and Use Tax process including securing proposals from consultants for public education, voter outreach, and the preparation of documents necessary for the placement of a ballot measure on the November 2010 Statewide Consolidated Election. The motion carried with Desjardins, Kelley, and McCammack voting "no." 34. Discuss and take possible action regarding a Police Operated Impound Facility (Continued from June 30,2010.) Council Member/Commissioner Desjardins declared a conflict, stating that he owned a towing company that has a contract with the Police Department. He left the Council Chambers and returned after the vote was taken. City Attorney Penman declared a conflict, explaining that his wife is president of the Chamber of Commerce and the last time this matter came up the Chamber of Commerce took a position against the City establishing its own impound facility. He left the Council Chambers, returning after the vote was taken. Council Member/Commissioner McCammack advised that last time this matter was brought forward she did have a conflict; however, she did not have a conflict at the present time. Public Comments - Oppose: (Unless noted otherwise, all speakers have a San Bernardino address.) Roger Henderson, Joe Ortiz, Robert Jenkins, Arturo Figueroa, Juan Loza, Jerry Lair, Debra Salazar (Rialto, CA), Micheale Hayes, John Vach, Attorney Mark Feuer (Rialto, CA), Paul Sanborn, John Valdivia, Jim Gerstenslager. Public Comments - Support: San Bernardino Police Officers Rich Lawhead, Travis Walker, Kimberlyn Hearns; City employee Richard Rodriguez; City Employee Charles Greenwood, who supports a compromise; Debbi Matley, Barbara Babcock. Council Member/Commissioner McCammack stated that it costs $400 per car to tow, and if this program simply recovers costs it is OK-the law allows recovery of costs, but nothing more. She added that the City is already collecting a franchise fee of more than $60 per month from every tow company. Police Chief Kilmer advised that this proposal creates an impound facility run by the Police Department, and that all other facets of the tow companies' operations will remain intact. Responding to a question by Council 11 07/06/2010 Member/Commissioner Kelley, Chief Kilmer stated that it would cost approximately $175,000-200,000 to create the storage yard. Council Member/Commissioner Kelley stated that he would like to look at parking meters for the downtown area, and would like us to be more proactive and aggressive in enforcing our current laws. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that staff be directed to update the Police Operated Impound Facility Business Plan dated August 17, 2009. The motion carried with Desjardins abstaining and Kelley and McCammack voting "no." 35. Review and approve ballot language for Charter amendment to make City Clerk, City Treasurer, and City Attorney appointed positions, subject to review by outside legal counsel Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council approve ballot language for proposed charter amendment to make the City Clerk, City Treasurer, and City Attorney appointed positions; and direct the City Clerk to have outside counsel review ballot language and bring back all necessary documents to place the measure on the November 2010 ballot. (Vote was taken following further discussion.) Council Member/Commissioner Kelley made a substitute motion, seconded by Council Member/Commissioner McCammack, to include on the ballot all of the Charter amendment recommendations that Management Partners included in their study. The motion failed with Marquez, Brinker, Shorett, and Johnson voting "no." Council Member/Commissioner McCammack noted that when the voters passed the last Charter amendment it was in November 2004 and took effect in March 2006. She stated that this document calls for it to take effect next year; and she asked that the effective date be extended to the end of the three officials' terms, which would be March 2012. Public Comments: Joe Ortiz, San Bernardino, CA. Paul Sanborn, San Bernardino, CA. Robert Jenkins, San Bernardino, CA. John Valdivia, San Bernardino, CA. Warner Hodgdon, San Bernardino, CA. 12 07/06/2010 City Attorney Penman stated that he was conflicting off insofar as any official duties relative to this matter; however, he was concerned about the position the City Clerk is being put in. He encouraged the Mayor and Council to have the City Manager obtain outside counsel to review the ballot language, etc. The original motion made by Council Member/Commissioner Marquez, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council approve ballot language for proposed charter amendment to make the City Clerk, City Treasurer, and City Attorney appointed positions; and direct the City Clerk to have outside counsel review ballot language and bring back all necessary documents to place the measure on the November 2010 ballot carried with Desjardins, Kelley, and McCammack voting "no." 36. Authorization to retain outside legal counsel for preparation of documents necessary to place a charter amendment measure on the November 2010 ballot Council Member/Commissioner McCammack stated that she would like the City Manager to retain legal counsel rather than the City Clerk, as shown in the suggested motion. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the City Manager be authorized to retain outside legal counsel for the preparation of documents required to place a ballot measure on the November 2, 2010 ballot pertaining to a charter amendment to change the offices of City Attorney, City Clerk, and City Treasurer from elected offices to appointed offices. The motion carried with Desjardins and Kelley voting "no." It was subsequently noted that a speaker's request had been submitted on this item. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that Agenda Item No. 36 be reconsidered. The motion carried with Marquez voting "no." Public Comments: Joe Ortiz, San Bernardino, CA. Prior to taking a final vote on the matter, Ms. McCammack stated that in addition to the City Manager being the person authorized to retain outside legal counsel, she felt the other duties normally performed by the City Clerk in this matter should be handled by someone other than the City Clerk. 13 07/06/2010 Council Member/Conunissioner Brinker made a motion, seconded by Council Member/Conunissioner McCanunack, that the City Manager be authorized to retain outside legal counsel for the preparation of documents required to place a ballot measure on the November 2, 2010 ballot pertaining to a charter amendment to change the offices of City Attorney, City Clerk, and City Treasurer from elected offices to appointed offices; and that all duties normally performed by the City Clerk relative to this matter be performed by the County Registrar of Voters. The motion carried with Kelley voting "no." 37. Public Comments Malikeya Zawadi, San Bernardino, CA, spoke regarding a complaint she filed against two San Bernardino police officers. Joe Ortiz, San Bernardino, CA, conunended the 2"d, 5th, and 7th Ward Council members, stating that those who really pay attention to the City applaud them. He also thanked the City Attorney, City Clerk, and City Treasurer on a job well done. Robert Jenkins, San Bernardino, CA, referring to a conunent made during the discussion of Agenda Item No. 34 regarding the lack of professionalism by some of the tow operators and their employees, related examples of other incidents of unprofessional behavior by fire and police personnel, stating that it can be found even among civil service employees. James Smith, San Bernardino, CA, complimented the Mayor and Council, stating that the Code of Conduct had won out tonight; conunented on the successful Bicentennial Extravaganza and Fireworks event; and announced that the Western Regional Little League Tournament opening ceremonies would be held on August 6, 2010. 38. Adjournment. At 6:40 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Conunon Council/Conununity Development Conunission is scheduled for 1:30 p.m., Monday, July 19,2010. By: RACHEL G. CLARK t:ity Clerk \.. ?~ Linda E. Hartzel Deputy City Clerk 14 07/06/2010