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HomeMy WebLinkAboutMinutes - June 20, 2011 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, NNE 20,2011— 6:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 E. Foothill Boulevard, Azusa, CA 91702. CLOSED SESSION Closed Session The City Council recessed to Closed Session at 6:32 p.m. to discuss the following: 1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier and Conference City Manager Delach w/Labor Organizations APMA (Azusa Police Management Association) and CAPP (Civilian Association of Police Negotiator Personnel). APMA 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiations Under Negotiation: Price and Terms of Payment. a. BLOCK 37 Address: Block 624 — 630 N. San Gabriel Avenue, Azusa, CA 91702 San Gabriel Avenue 622 N. San Gabriel Avenue, Azusa, CA 91702 604 N. San Gabriel Avenue, Azusa, CA 91702 600 N. San Gabriel Avenue, Azusa, CA 91702 Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency Address: 634 N. San Gabriel Avenue, Azusa, CA 91702 634 San Gabriel Negotiating Parties: Soon Kwon I S. Kwon I Address: 150 W. Foothill Boulevard, Azusa, Ca 91702 Negotiating Parties: Antranik and Houri Kassabian 150W. Foothill Kassab asian BLOCK 36 Block 36 Address: 100 E. Foothill Boulevard, Azusa, CA 91702 100 Foothill 614 — 640 N. Azusa Avenue, Azusa, CA 91702 614-640 Azusa Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency Address: 152 E. Foothill Boulevard, Azusa, CA 91702 152 E. Foothill Negotiating Parties: Bank of America & City of Azusa Redevelopment Agency Bank of Amer. The City Council reconvened at 7:30 p.m. City Attorney Carvalho stated that instructions were given to Cncl rcvnd staff but there was no reportable action taken in Closed Session. Closd Sess No Reports Mayor Rocha called the meeting to order. Call to Order Sergeant First Class Genaro "Jerry" Caballero led in the Flag Salute. Flag Salute Invocation was given by Pastor Rick Mc Donald of the Azusa House of Nations Invocation The City Council presented a Certificate of Appreciation to Sergeant First Class Genaro "Jerry" Cert J. Caballero for his services our country. Caballero 1 1 1 ROLL CALL PRESENT: HANKS, ROCHA ABSENT: ALSO PRESENT: COUNCILMEMBERS: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, NONE City Attorney Carvalho, City Manager Detach, Assistant City Manager Makshanoff, Police Chief Garcia, Director of Public Works Haes, Administrative Services Director -Chief Financial Officer Kreimeier, Director of Economic and Community Development Christiansen, Director of Utilities Morrow, Assistant Library Director Strege, Revenue Supervisor Cawte, Principal Civil Engineer Bobadilla, Director of Recreation and Family Services Jacobs, Recreation Supervisor Gonzales, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Ms. Debbie: Kindred addressed Council advising of a missing no parking sign on the 500 block of north Sunset which caused someone to receive a citation and asked if someone could look into the matter. She also reported that Vulcan trucks are coming out of their facility without covers on the back. She welcomed the newly appointed Planning Commissioner Robert Donnelson. Mr. Mike Lee addressed Council congratulating Robert Donnelson on his appointment to the Planning Commission. He spoke; about the following items: Safe 0 of July, recycling cell phones for the homeless veterans, parking structure, Jerry Caballero, Applebees, Yolanda Pena running for School Board, and Jeri Vogel. Mr. Joe Guarrera addressed Council reading a letter into the record regarding his opposition to the proposed parking structure on contribution from Foothill Transit, the EIR, the City's responsibility for electricity, maintenance, elevator, insurance, etc. He stated that there is no benefit to the City and requested, as the Representative of the Save Azusa Park Committee, to stop the project. Roll Call Also Present Pub Part D. Kindred Comments M. Lee Comments J. Guarrera Comments M. Payne Ms. Madelyn Payne addressed Council expressing her opposition to the proposed parking structure and Comments read a letter into the record that was published in the paper regarding negative aspects of the project. D. Cortez Mr. Dick Cortez addressed Council stating that he will miss the City Manager and the Chief of Police, Comments and expressed his opposition to the proposed parking structure. J. Rosales Mr. Jorge Rosales addressed Council expressing his sadness over the retirement of the Chief of Police, Comments and that he thinks Captain Sam Gonzalez should be able to fill the vacancy. 06/20/11 PAGE TWO Rpts, Updates REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF City Mgr City Manager Detach responding to comments made regarding the Parking Structure stating that there Response to would be no parkland taken away due to prohibitions from Federal Funds, the current parking will be Comments returned back to park space and the Gazebo restrooms, playground and picnic shelter will be replaced. Cert Azusa Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to Nat LL appvd approve request for certificates of recognition to the Azusa National Little League team for winning the City Series. J. Rosales Mr. Jorge Rosales, Representative of Sister City addressed Council providing information regarding Comments recent visit of Councilwoman Patricia Gonzalez Borrego of Sister City Zacatecas Mexico regarding the Youth and Adult Exchange. He noted that she expressed a strong desire to strengthen the relationship between the two cities, wished to revive the Adult and Youth Exchange Program, and invited the members of Council to visit Zacatecas during the annual September 16'h celebration. Sponsor Joet & Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to Jousce Gonzalez approve request for sponsorship in the amount of $100 each to Joet Gonzalez and Jousce Gonzalez of Approved the Azusa Youth Boxing Club who will be competing in Olympic trials in Colorado, Springs. Procs for City Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously carried that Mgr & Chief of staff be directed to prepare a proclamations for City Manager Detach and Chief of Police Garcia in Police recognition of their retirements. August Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously carried to Meetings cancel both meetings in August as well as the Utility Board Meeting, with the understanding that if Cancelled there is a need, a Special meeting will be called. Councilmember Macias suggested that stipends for canceled meeting be donated to charity; City Attorney Carvalho responded stating that it was an individual choice of Councilmembers. 06/20/11 PAGE TWO Assistant City Manager Makshanoff introduced Assistant Library Director Reed Strege who cited Intro R. Strege summer activities at the :Library. Assist. Lib Dir Captain Sam Gonzalez provided an update on crime statistics. Crime Statistics Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried to LCC Delegate appoint Councilmember Carrillo as voting delegate to the League of California Cities Annual A. Carrillo Conference to be held in September 21-23, 2011, in San Francisco. Moved by Councilmember Alternate Gonzales, seconded by Mayor Pro -Tem Hanks to appoint Councilmember Macias as the alternate U. Macias voting delegate to the Conference. K. Hanks Mayor Pro -Tem Hanks announced the American Amateur Relay League Field Day on Saturday, June Comments 25, 2011 at Horse Thief Canyon Park in San Dimas from 1 I a.m. till dusk, and urged all to attend. ' Macias Councilmember Macias requested that staff look into the feasibility of cleaning up weeds in the railroad Comments public right a way by the Target Site, noted the banner in front of City Hall of Azusa graduating students who will be continuing their education by attending college, military, or trade school; noted the many good things going on in the City today, and asked that the meeting be adjourned in memory of the City of Azusa's Customer Service Representative Jenny Pryor, a city employee, who passed away of the week end. Gonzales Comments Councilmember Gonzales congratulated all grates of the high schools, announced Tuesday night movies at Memorial Parks, Canyon City overnight camp out at Northside Park on August 13th, and asked drivers to look out for children walking, riding bikes, etc. now that summer is here. Carrillo Comments Councilmember Carrillo congratulated all high school graduates, asked all to follow safe and sane laws for the 4'h of July, and reminded all of the dangers of swimming in San Gabriel River. Rocha Comments Mayor Rocha announced the Summer Reading Program every Tuesday, Library Summer Movies, Azusa Beautiful tree planting June 24'h, July 2nd meet to turn in phones to help homeless Veterans, an Azusa Cares clean up at a local residence who needed help, thanked PIO Quiroz for flyer announcing that no Fireworks are allowed beyond Sierra Madre, Azusa Veterans Dance July 9'h proceeds to go towards monument, July I 01 Chaperone Bike Ride, and a series of Bike events, congratulations to all graduates, and pray for service men and women. Sched Items ' SCHEDULED ITEMS Public Hrg 2011 Refuse PUBLIC HEARING — 2011 REFUSE RATE ADJUSTMENT. Assistant to the Director of Utilities Rate Kalscheuer addressed Council presenting the Refuse Rate Adjustment in accordance with the Adjustment Exclusive Franchise Agreement with Athens Services for refuse collection and recycling services. lie stated that Single Family service will be reduced by$0.03, Multifamily will be reduced by $2.07 and 3 Cubic Yard Bin will increase by $5.06. Hrg Open The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on May 12, 2011. H. Katra Comments Ms. Helen Katra addressed the Hearing stating that she doesn't think she should be charged as a family rate as she is the sole person in the household. M. Lee Comments Mr. Mike Lee addressed the Hearing asking how some could take campaign funds and then make a decision on this item. He stated that he knows it's legal but asked if it is morally right. C. Kalscheuer Responses Assistant to the Director of Utilities Kalscheuer responded to Ms. Katra concern stating that there are discounts for Senior Citizens, but it is difficult to monitor how many people are in a household, especially if it is a single family home with a yard. Further, another discount rate would affect Athens and they would have to create a new rate schedule. Hrg Closed Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales to close the Public Hearing. City Attorney Carvalho responded to comments regarding campaign contributions noting that the Fair Political Practices Commissions establishes regulations which determine when and if a councilmember should disqualify from a decision and they deem campaign contributions not to be any type of interest that causes a disqualifying conflict. Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE FIFTEENTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELION ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 20, 2012. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 06/20/11 PAGE THREE City Attorney Response Res. No. 11- C41 Amend Exclusive Franchise Agreement Arakelian AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Pub Hrg PUBLIC HEARING — SEWER FUND RATE INCREASE. City Manager Delach stated that this Sewer Rate Inc Sewer increase will be for coverage of Debt service payment to the sewer bonds, coverage of regulation City Mgr increasing stringent for NPDES storm water run off and CIP needs for the entire sewer system for the Comments future. T. Haes Director of Public Works Haes addressed the Hearing stating that sewer rates require an adjustment to Dir Pub Wks meet the increased costs due to State Mandated requirements, compliance with National Pollution Presentation Discharge elimination System Program and to fund a 10 year Sewer Capital Improvement Program He stated that the initial rates will be as follows: Residential - $8.18/unit +$0.200 per 100 cubic '(CIP). feet of water usage (hcf), Commercial $10:52/unit+$0.200 per 100 cubic feet of water usage (hcf), Industrial - $12.84/unit + $0.200 per 100 cubic feet of water usage (hcf) and discount rates for low income of $1.22 per month. He responded to questions posed regarding percentage of increase and number of severe mileage. Hrg Open 1 1 The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on May 12, 2011. City Clerk Read Ltrs City Clerk read two letters into record in opposition to the increase by John X. He and Helen M. Yuan, and Duo Wang. J. Rosales Comments Mr. Jorge Rosales addressed the Hearing calculating the new sewer fee in his current personal bill stating that the monthly sewer increase is higher than the reports states. Discussion Discussion was held and each Councilmember provided input regarding miles of sewer with severe need, water usage fee, percentage of increase, the importance of the sewer system in general, thanks to staff and consultant, possible increase in time of sewer plan, calculation process and compliance with NPDES storm water run off. Hrg Closed Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks and unanimously carried to close the Public Hearing. Mayor Pro -Tem Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTION 2-469 OF THE AZUSA MUNICIPAL CODE RELATING TO SEWER SERVICE FEES AND FEE COLLECTIONS. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and carried to waive further reading and introduce the proposed ordinance to approve a sewer fund rate increase (effective July 1, 2011) of 5% annual adjustments and an hcf (hundred cubic feet of water) fee of $.20 with 5% annual adjustments. Councilmember Macias dissenting. PUBLIC HEARING - RESOLUTIONS ADOPTING 20.1_1/12 FISCAL YEAR SCHEDULE OF FEES AND CHARGES. Administrative Services Director -Chief Financial Officer addressed the Hearing stating that this is for consideration and approval of updates and revisions to the City's fees charges for costs "reasonably borne". The resolutions enact a "User Fee Schedule for Various Municipal Activities and Services", and another resolution to formally enact "Development Project Fees and Service Charges", which requires a public hearing; he provided details on the fees. He responded to questions posed regarding Senior Dog Licenses. 1 s' Rdg Ord Sewer Fees Ordinance Introduced Pub Hrg Fees & Charges CFO Kreimeier Presentation Hrg open The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said Hearing published in the San Gabriel Valley Tribune on June 10`" and 15'", 2011. Testimony/none Testimony was solicited, but none was received. Hrg Closed Moved by Mayor Pro -Tern Hanks, seconded by Councilmember Gonzales and unanimously carried to close the Public Hearing. Mayor Pro -Tem Hanks offered a Resolution entitled: Res. I I -C42 Establishing A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Dev Project ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES AND SERVICE CHARGES. Fees and Service Charge Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 06/20/11 PAGE FOUR Mayor Pro -Tem offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res No. 11-C43 ESTABLISHING A USER FEE SCHEDULE FOR VARIOUS MUNICIPAL ACTIVITIES AND establishing Fee SERVICES. for Various Municipal Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales to waive further reading and Activities. adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 'ICE CHIEF PART-TIME/POST RETIREMENT EMPLOYMENT AGREEMENT. Post PT Agmt Chief of Police Discussion was held between Councilmembers and staff and each Councilmember expressed his Discussion appreciation to Chief Garcia. Discussion was held regarding the succession plan for the position of Chief of Police. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo and unanimously carried to Agreement approve the Police Chief Part -Time Post Retirement Employment Agreement. Approved ADOPT A :RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $8.5 MILLION Resolution AGGREGATE PRINCIPAL AMOUNT CITY OF AZUSA COMMUNITY FACILITIES DISTRICT Issuance of NO 2002-1 (SPECIAL TAX REFUNDING BONDS, SERIES 2011), APPROVING THE CDF Special EXECUTION AND DELIVERY OF AN INDENTURE, A BOND PURCHASE AGREEMENT, AND Tax Refunding THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED Bonds 2011 THERETO City Manager Delach addressed the item stating that although the bond market has not improved, the City Mgr Bond Counsel, Urban Futures, has taken a reduction in their fees to insure a minimum savings of no Comments less than $170 a year per resident of Mountain Cove for paying into the Community Facilities District. Administrative Services Director -Chief Financial Officer Kreimeier addressed the item stating that the Admin Svs Dir total savings over the life of the bonds is nearly $1.4 million, or, on average, approximately $66,000 CFO Comments annually. He provided four factors for the refinancing as follows: 1) volatility of the interest rate 'market; 2) highly competitive interest rates assigned to the bonds in 2002; 3) limited window of opportunity for the City to execute a current refunding, and 4) desire to lock in savings for the property owners now, staff recommends a lightly lower saving target of 2.50%. He stated that saving from the refinancing will lower the special tax for each resident within the Mountain Cove subject to the CFD assessment. Councilmember Macias offered a Resolution entitled Res. 11-C44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE authorizing ISSUANCE OF SPECIAL TAX REFUNDING BONDS FOR CITY OF AZUSA COMMUNITY refinancing of FACILITIES DISTRICT NO. 2002-1 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO the CFD 2002-1 EXCEED $8,500,000 AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN Special Tax OTHER ACTIONS IN CONNECTION THEREWITH. Bonds Mountain Moved by Councilmember Macias, seconded by Councilmember Carrillo to waive further reading and Cove adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Consent Cal The CONSENT CALENDAR consisting of Items D -I through D-6 was approved by motion of D-1-6 Mayor Pro -'rem Hanks, seconded by Councilmember Gonzales and unanimously carried with the D-4 Spec Call exception of item D-4, which was considered under the Special Call portion of the Agenda. Min appvd 11. The minutes of the regular meeting of June 6, 2011, were approved as written. Approved 2. HUMAN RESOURCES ACTION ITEMS. Human Res Human Resources Action Items were approved as follows: Action Items Merit Increase: S. Jauregui, J. Gasca, D. Ursua, and G. Espinoza Blanket P.O. 3. In accordance with Sections 2-523 and 2-524, under Article VII, Bidding and Contracting, of FY201 I-12 the Azusa Municipal Code, approval was given the issuance of Blanket Purchase Orders in an Approved amount of $10,000 or more, FY 2011-12. Spec Call 4. SPECIAL CALL ITEM. 5/20/11 PAGE FIVE 5. Staff was authorized to award the Safe Routes to School Project No. SRTSL-5112(011) to TSR Safe Routes Construction and Inspection. TSR Construct. 6. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 11-C46 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. SPECIAL CALL ITEM Spec Call Item 4. RESOLUTION APPOINTING ROBERT DONNELSON TO THE PLANNING COMMISSION. Ping Com Appt 'Mayor Pro -Tem Hanks addressed the item congratulating Bob Donnelson on his appointment to the K. Hanks Planning Commission, and also thanked the candidates who applied for the position. Comments Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING ROBERT Res. I I -C45 DONNELSON TO THE PLANNING COMMISSION. appointing R. Donnelson to Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks to waive further reading and the Planning adopt. Resolution passed and adopted by the following vote of the Council: Commission AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT Cncl Convened 9:37 P.M. TO DISCUSS THE FOLLOWING: Jointly w/CRA DINT CITY AND AGENCY ITEM. EDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY. CRA Admin Advance from Resolutions authorizing an advance of $1,563,290 from the City's General Fund to the Redevelopment City Agency, and execution of the Note, were approved. Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. II -R29 REQUESTING A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED (Agency) REDEVELOPMENT PROJECT AREA. Request Loans Merged Moved by Director Gonzales, seconded by Director Hanks to waive further reading and adopt. Redevelopment Resolution passed and adopted by the following vote of the Agency: Project Area AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS Res.I I -C47, FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. (City) Authorizing Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and Loans adopt. Resolution was passed and adopted by the following vote of the Council: Merged 'Redevelopment AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA Project Area NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED Cnel Recess AT 9:43 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL CRA Adjourn RECONVENED AT 9:44 P.M. Cncl Reconvened It was consensus of Councilmembers to adjourn in memory of the City of Azusa's Customer Service Adjourn in Representative Jenny Pryor. Memory of Jenny Pryor 06/20/11 PAGE SIX TIME OF ADJOURNMENT: 9:45 P.M. CITY CLERK 1 NEXT RESOLUTION NO. 2011-C48. NEXT ORDINANCE NO. 2011-010. r 06/20/11 PAGE SEVEN