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HomeMy WebLinkAbout04-04-2011 Jt. Reg Mtg 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 Vacant 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 APRIL 4, 2011 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 Morris at 1:36 p.m., Monday, April 4, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: None. Vacant: Second Ward. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): J. A. Allen, et al. v. City of San Bernardino, et at. - United States District Court, Case No. CV09-1388 DDD(JCx); 04/04/2011 Monica Ballard v. City of San Bernardino, et al. - United States District Court, Case No. CV1O-02769DMG(AJWx); Human Potential Consultants v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 917268; Edward Kin!?, et al. v. City of San Bernardino, et al. - United States District Court, Case No. CV-09-0I339-SJO(PJWx); Judith Little, et al. v. City of San Bernardino, et al. - United States District Court, Case No. CV09-06068 SVW(CWx); Terrell Markham, et al. v. City of San Bernardino, et al. - United States District Court, Case No. CV09-08455 ODW (DTBx); Willie Mason Sr., individually and as successor-in-interest v. City of San Bernardino; Officer Roy Diaz, an individual; Officer Serbando Saenz, an individual; and DOES 1-/0, inclusive - United States District Court, Case No. ED CV 10-00504 YAP (OPx); Cedric May, et al. v. City of San Bernardino, et al. - United States District Court, Case No. CV1O-00978 VAP(DTBx); Maria D. Mejia, Salvador Mel!?oza and Ma. Guadalupe Mel!?oza v. City of San Bernardino - United States District Court, Case No. EDCV 11- 00452 YAP (DTBx); Scott Moss, et al. v. City of San Bernardino - United States District Court, Case No. ED CV 07-01027 SGL (OPx); Estate of Terry Nash v. City of San Bernardino, et al. - United States District Court, Case No. CV09-08671RGK (FFMx); People of the State of California v. Mar!?aret Sherman, et al. - San Bernardino Superior Court, Case No. CIVDS 917881 (Hudson Theater nuisance case); San Bernardino City Professional Firefi!?hters, Local 891, Nathan Lopez, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIV 10-01779; Demariae Vinson v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 818649. 2 04/04/2011 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) Claim of E. Williams, a minor, et al. 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 City of San Bernardino v. Enedelia Zavala 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following case would be discussed in closed session under Agenda Item No. lA, existing litigation: Elvia Aguilar v. City of San Bernardino, et al. - United States District Court, Case No. CVlO-3659 SJO(PLAx). 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 A moment of silence was observed in memory of Charlie Seymour. 3 04/04/2011 Invocation/Pledge of Allegiance The invocation was given by Pastor Lazard Harrison of Life Changing Ministries. The pledge of allegiance was led by Jennifer Rodriguez, a fifth grade student from Lankershim Elementary School. 2. Appointments There were no Commission appointments. 3. Proclamations and Presentations Garry Devlin, President of the Native Sons of the Golden West, and member James Smith, presented two new flags to Jesse Sandoval and Kevin Hawkins, Director of Parks, Recreation and Community Services, to be used at the Pioneer Cemetery. Mayor Morris presented a proclamation declaring the week of April 10-16, 2011, as National Library Week to Deborah Clark, Interim Library Director. Tait Ecklund, Assistant to the City Manager, provided a PowerPoint presentation on the new San Bernardino Citizens' Academy Training Program that will be launched in the near future. 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 and Ordinances Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated April 4, 2011, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: January 18,2011; February 2,2011. The motion carried unanimously. 4 04/0412011 7. Personnel Actions Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated March 31, 2011, 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. 8. FY 2010/11 Integrated Waste Management budget amendment per Resolution No. 2011-51 (Alden Fleet Solutions, Inc.) Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to amend the FY 2010/11 Integrated Waste Management budget and transfer $35,200 from Account No. 527-400-5181-0000-0001 to Account No. 527-400- 5112-0000-0001. The motion carried unanimously. 9. ORD. MC-1347 - An ordinance of the City of Sau Bernardino amending Chapter 19.22, Sign Regulations, Section 19.22.080(7)(A) of the San Bernardino Municipal Code (Development Code) to provide for approval of an electronic message center sign for the Uptown Redevelopment Project Area. FINAL READING (Continued from March 21,2011.) Council Member/Commissioner McCammack abstained because she owns property in the Uptown Redevelopment Project Area. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1347 was adopted with McCammack abstaining. 10. RES. 2011-77 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the donation of the 1965 Seagrave Tiller Truck and Ancillary Equipment to Fire Memories, Inc. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-77 was adopted unanimously. 5 04/04/2011 11. RES. 2011-78 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $74,900 to Consolidated Electrical Distributors, Inc. for the purchase of streetlight poles. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Kelley reminded staff that the Council had approved a policy that when a motorist hits a pole and knocks it down, if they are insured, then those dollars paid by the insurance carrier to repair those poles goes into an account for that purpose, and he requested that the Council be apprised of that account balance on a quarterly basis. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-78 was adopted unanimously. 12. RES. 2011-79 - Resolution of the City of San Bernardino approving Amendment No. 4 to Agreement for Professional Services with AECOM Technical Services, Inc. to provide engineering services for the design of Old Waterman Canyon Bridge Repair (SS07-14). Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-79 was adopted unanimously. 13. RES. 2011-80 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Tow Service Agreements with the six tow carriers (Tri-City Towing, Danny's Towing, City Towing, Wilson Towing, LLC., Big Z Autoworks, Inc. and Hayes Towing) participating in the program and operating within the incorporated boundaries of the City of San Bernardino. City Attorney Penman advised that the local Chamber of Commerce, of which his wife is president and CEO, had taken a position on this matter insofar as the City operating a tow yard; therefore, he would conflict off of this item to avoid the appearance of a conflict and Attorney Elizabeth Martin of Lewis, Brisbois, Bisgaard and Smith LLP would be advising the Council. He vacated his seat and was replaced by Attorney Martin. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. (No vote was taken at this time.) 6 04/0412011 Council Member/Commissioner Shorett stated that he could not support this item as it was currently structured-that he does not support the transfer of the agreement in the event of a sale nor a five-year contract. He stated that he would like to see the City continue the status quo as far as the agreement is concerned and raise the fees to $70. Council Member/Commissioner Shorett made a substitute motion, seconded by Council Member/Commissioner Brinker, that they retain the current agreement on a year to year basis, and at the end of one year the City will open an RFP to the towing community, that they increase the fee to $70 per tow, but that they do not approve a five-year contract. James Graham, Assistant to the City Manager, provided an overview of the salient points contained in the new agreements. Council Member/Commissioner Kelley asked if the recommendation before the Council was the same recommendation that came out of committee and he was assured that it was. Mr. Shorett stated that he could not support the five-year contract nor the transfer of the agreement if the tow company makes a 51 percent sale of the company. He stated that they need to go out for RFP. Ms. Martin noted that this was the first time that there has been a five-year agreement. Council Member/Commissioner Brinker stated that he understood the need to have a long term contract, but questioned whether there has been any discussion on how or when to open this up to other tow companies. Public Comments: Mark Ostoich, Attorney, San Bernardino, CA, speaking on behalf of United Road Towing; Robert Ring, Attorney, Los Angeles, CA, speaking on behalf of the six tow companies; Lilly Ann Vach, Wilson Towing, San Bernardino, CA; Jason Desjardins, Big Z Towing, San Bernardino, CA. The vote on the substitute motion made by Council Member/Commissioner Shorett, seconded by Council Member/Commissioner Brinker, failed with Marquez, Brinker, Kelley, Johnson, and McCammack voting "no." 7 04/04/2011 The original motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner McCammack, that said resolution be adopted, carried. Resolution No. 2011-80 was adopted with Brinker and Shorett voting "no." 14. Item deleted 15. An urgency ordinance and non-urgency ordinance regarding medical marijuana dispensaries ORD. MC-1348 - An Urgency Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Chapter 5.05 prohibiting the establishment and operation of medical marijuana dispensaries, declaring the urgency thereof, and taking effect immediately. URGENCY (15A) An Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Chapter 5.05 prohibiting the establishment and operation of medical marijuana dispensaries. FIRST READING (15B) Council Member/Commissioner Kelley made a motion. seconded by Council Member/Commissioner McCammack, that said urgency ordinance A be adopted; and that said ordinance B be laid over for final adoption. The motion carried and Urgency Ordinance No. MC-1348 was adopted unanimously. 16. RES. 2011-81 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to Contract 10-318 with the County of San Bernardino Department of Aging and Adult Services (DAAS) for the Senior Nutrition Program and to authorize the issuance and increase of annual purchase orders in an amount not to exceed $116,082 in the aggregate to Sysco Foods, Merit Day, Ross Swiss, and a new food distributor, US Foodservice; for FY 2010-11 through FY 2012-13. Council Member/Commissioner Kelley made a motion, seconded Member/Commissioner Brinker, that said resolution be adopted. No. 2011-81 was adopted unanimously. by Council Resolution 17. RES. 2011-82 - Resolution ratifying the submittal of a grant application to US Soccer Foundation for the amount of $8,000 in services credit from Clough Harbor Sports for planning and design of a one synthetic turf soccer field at the San Bernardino Soccer Complex. 8 04/04/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-82 was adopted unanimously. 18. Public Hearing - Resolution ordering amended work - Pine Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer Lift Station Maintenance Assessment District No. 1055 (Tentative Tract No. 17716) RES. 2011-83 - Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment increase exceed the ballots submitted in opposition to the assessment increase and that the public convenience and necessity require the maintenance of additional landscaping, storm drain catch basins and a sewer lift station in the Pine Avenue and Redwood Street Area, known as Assessment District No. 1055, previously approved, approving the final Amended Engineer's Report, amending the assessment district to cover the costs of said additional maintenance, ordering the additional work, confirming the 2011-2012 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Morris opened the hearing. Nadeem Majaj, Director of Public Works, advised that this proposal would amend Assessment District No. 1055 to add another two slope areas and four catch basins with filtration inserts for water quality purposes. He added that it will increase the annual assessment on the property. No public comments were received. Council Member/Commissioner Kelley noted that above and beyond the $78 increase in the general benefit amount, there is an escalator clause in this amendment. In the past, when a landscaping district was established, it was set at a certain assessed value, and after several years the cost for maintaining the landscaping would increase and the City would actually be upside down. However, that will not be a problem in this instance. Council Member/Commissioner McCammack stated that she worried about the developer passing off these costs to the homeowners once the homes are built, and she thought that sometimes these costs get out of line. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed. The motion carried unanimously. 9 04/04/2011 City Clerk Clark opened the ballot envelope and stated that there were three ballots, and that all three voted to approve the assessment district. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-83 was adopted unanimously. 19. RES. 2011-84 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Monica Ballard v. City of San Bernardino, et at., United States District Court, Case No. CV10- 02769DMG(AJWx). (Continued from March 21,2011.) Note: Agenda Item Nos. 19 and 20 were discussed and voted on simultaneously. City Attorney Penman distributed a Request for Council Action that called for payment of this item from the Claims & Judgments Payable account. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the cases described in Agenda Item Nos. 19 and 20 be paid from the Claims & Judgments Payable account; and that said resolution be adopted. (The vote was taken following discussion.) It was pointed out that outside legal expenses are separate from claims and judgments and should not be paid from the Claims & Judgments Payable account. Public Comments: Joe Ortiz, San Bernardino, CA. Following discussion of the matter, Council Member/Commissioner Kelley stated that it was important for the Council to be educated on these matters, and he requested a workshop regarding the basic fundamental budget principles of a municipal government. City Manager McNeely advised that within the next 30-60 days there would be a workshop of how the budget is set up. The motion made by Council Member/Commissioner McCammack, seconded by Council Member/Commissioner Kelley, that the cases described in Agenda Item Nos. 19 and 20 be paid from the Claims & Judgments Payable account failed with Marquez, Brinker, Shorett, and Johnson voting "no." 10 04/0412011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-84 was adopted unanimously. 20. RES. 2011-85 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Willie Mason, Sr., v. City of San Bernardino, United States District Court, Case No. EDCV 10-00504 V AP(OPx). (Continued from March 21,2011.) Note: Agenda Item Nos. 19 and 20 were discussed and voted on simultaneously. City Attorney Penman distributed a Request for Council Action that called for payment of this item from the Claims & Judgments Payable account. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the cases described in Agenda Item Nos. 19 and 20 be paid from the Claims & Judgments Payable account; and that said resolution be adopted. (The vote was taken following discussion.) It was pointed out that outside legal expenses are separate from claims and judgments and should not be paid from the Claims & Judgments Payable account. Public Comments: Joe Ortiz, San Bernardino, CA. Following discussion of the matter, Council Member/Commissioner Kelley stated that it was important for the Council to be educated on these matters, and he requested a workshop regarding the basic fundamental budget principles of a municipal government. City Manager McNeely advised that within the next 30-60 days there would be a workshop of how the budget is set up. The motion made by Council Member/Commissioner McCammack, seconded by Council Member/Commissioner Kelley, that the cases described in Agenda Item Nos. 19 and 20 be paid from the Claims & Judgments Payable account failed with Marquez, Brinker, Shorett, and Johnson voting "no." 11 04/0412011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-85 was adopted unanimously. 21. Council Committee Assignments Council Member/Commissioner McCammack stated that she felt there was a taint of impropriety to the recommendations and she would be abstaining. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the recommended Council Committee assignments (shown below) be approved. The motion carried with McCammack abstaining. Redevelopment Committee (RDA) Tobin Brinker, Chair; Rikke Van Johnson; Virginia Marquez Ways and Means Committee Fred Shorett, Chair; Rikke Van Johnson; Chas Kelley Legislative Review Committee Virginia Marquez, Chair; Wendy McCammack; Fred Shorett Personnel Committee Rikke Van Johnson, Chair; Tobin Brinker; Virginia Marquez Grants Ad Hoc Committee Tobin Brinker, Chair; Wendy McCammack; Chas Kelley 22. RES. 2011-86 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the revision of the Windy Day Event Pilot Program in the 5th Ward operated by the Public Works Department, Integrated Waste Management Division. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted, with staff to explore a less expensive methodology such as robo calls to notify residents. The motion carried and Resolution No. 2011-86 was adopted unanimously. 12 04/04/20 II COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Deputy City Attorney Jolena Grider; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: None. Vacant: Second Ward. R23. University Park Promenade and Shops, LLC - Benefit resolutions for certain public improvements adjacent to North Park Boulevard and University Parkway pursuant to the Owner Participation Agreement Resolution of the Mayor and Common Council of the City of San Bernardino consenting to certain payments by the Redevelopment Agency of the City of San Bernardino and making certain findings and determinations pursuant to Health and Safety Code Section 33445 as to the benefit to the State College Redevelopment Project Area for the installation of public improvements adjacent to the public rights-of-way of Northpark Boulevard and University Parkway (State College Redevelopment Project Area). (R23A) Resolution of the Community Development Commission of the City of San Bernardino making certain findings and determinations pursuant to Health and Safety Code Section 33445 as to the benefit to the State College Redevelopment Project Area for the installation of public improvements adjacent to the public rights-of-way of Northpark Boulevard and University Parkway (State College Redevelopment Project Area). (R23B) Note: No Mayor and Council resolution was distributed with the backup materials. Staff requested a continuance of this matter. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council! Commission meeting of April 18, 2011. The motion carried unanimously. 13 04/04/2011 R24. Expansion of the City of San Bernardino portion of the San Bernardino Valley Enterprise Zone (Mount Vernon Corridor, State College, 40th Street, Uptown, and Inland Valley Development Agency Redevelopment Project Areas) RES. 2011-87 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the submittal of a request for expansion of the geographic bouudaries of the San Bernardino Valley Enterprise Zone by the City of Colton, the City of San Bernardino, the County of San Bernardino and the Inland Valley Development Agency. Council Member/Commissioner McCammack stated she would abstain because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-87 was adopted with McCammack abstaining. 25. Current Litigation Report - Claims & Judgments Payable City Attorney Penman distributed a Request for Council Action and Staff Report dated April 4, 2011, regarding this agenda item. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the matter be tabled. The motion carried with Kelley voting "no" and McCammack absent. 26. Public Comments Paul Sanborn, San Bernardino, CA, stated that he wants to see a measure on the November ballot to make the Council positions full-time. Jaime Alvarez, Yucaipa, CA, apologized to the majority of the Council who inherited the legal battle they now find themselves in and stated that Mr. Penman had quoted that $700,000 had been spent in the case against him, but that was an inflated figure. He submitted documents relative to his case. Herbert Simms, San Bernardino, CA, former plumbing foreman with the City of San Bernardino, spoke regarding the demolition of his home by Code Enforcement and their intent to take his trailer in the morning. He asked that he be granted more time. 14 04/04/2011 Joe Ortiz, San Bernardino, CA, read a letter from Yolanda Poole that had appeared in The Sun newspaper. City Attorney Penman, spoke regarding the corruption charges that had been brought against Jaime Alvarez, but had been dropped due to the death of a key witness; and his low tolerance for public corruption. James Smith, San Bernardino, CA, pointed out that Yolanda Poole is actually the daughter of Joe Ortiz and is married to a Los Angeles police officer, stated that he has known Fred Shorett for several years and he is an honest man, and commented on the lack of civility during the Council meetings. 27. Adjournment At 7:37 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, April 18, 2011. By: RACHEL G. CLARK City Clerk ~E.4P Linda E. Hartzel Deputy City Clerk 15 04/04/2011