HomeMy WebLinkAbout03-20-2012 c1 minutes feb 21 and march 6 2012MEETING DATE : March 20, 201 2
ITEM :
C l
MINUTE S
REGULAR MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
TUESDAY, FEBRUARY 21, 2012 - 7 :00 P .M .
COUNCIL CHAMBER, 990 PALM STREE T
SAN LUIS OBISPO, CALIFORNI A
ROLL CALL :
Council Member s
Present :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e
Mayor Dan Carpenter, and Mayor Jan Mar x
City Staff
Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l
Codron, Assistant City Manager, and Elaina Cano, City Clerk, wer e
present at Roll Call . Other staff members presented reports or responde d
to questions as indicated in the minutes .
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PRESENTATION ,
Mayor Marx read a proclamation honoring Spay Day U .S .A . 2012 .
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PUBLIC COMMEN T
The following speakers spoke about their concerns regarding homelessness :
Barbara Walker, San Luis Obisp o
Susan Perez, San Luis Obisp o
Reverend Cynthia R . Eastman, San Luis Obisp o
Scott Summers, San Luis Obisp o
James Sutton, San Luis Obisp o
Danny Branninburq, San Luis Obisp o
Ronald Charles Bolen, San Luis Obisp o
Katie Ott, Tobacco Control Coalition,spoke about the importance of the education o f
chewing tobacco .
Cheryl Larson, San Luis Obispo,spoke about her concerns regarding the County Menta l
Health and the City's police department .
Gary Fowler, San Luis Obispo,spoke about his concerns regarding comments made by a
former employee on the radio .
Donald E . Hedrick, San Luis Obispo,spoke about his concerns regarding homelessnes s
and referred to a memo he submitted and on file with the original agenda packet .
City Council Meeting Page 2
Tuesday, February 21, 201 2
Courtney Kienow, San Luis Obispo Chamber of Commerce,spoke about the process fo r
reviewing applications for the TF-LUCE .
Josh Friedman, San Luis Obispo,spoke about his concerns regarding "Agenda 21" an d
his concerns .
Kevin Rice, San Luis Obispo,presented a document regarding "Steps to Painlessl y
Agendize Items for Discussion ." This document is on file with the original agenda packet .
Steve Barasch, San Luis Obispo,spoke about issues regarding communication betwee n
constituents and Council .
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CONSENT AGEND A
By consensus, Council agreed to pull Item C1, C4, C7 and C8 for further discussion .
Public Comment :
The following speakers spoke in support of roll call voting :
Stephen Barasch, San Luis Obisp o
Kevin Rice, San Luis Obisp o
Jody Frey, San Luis Obisp o
Donald E . Hedrick, San Luis Obisp o
Josh Friedman, San Luis Obisp o
Gary Fowler, San Luis Obispo,spoke about his concerns regarding response to call s
and reimbursement of services from other organizations .
Robert Lewin Fire Chief, Cal Fire,spoke in support of staff's recommendation .
End of Public Comment .
CI .OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID WITH CA L
FIRE/SLO COUNTY FIRE DEPARTMENT .
Fire Chief Hines responded to Council questions and concerns .
ACTION :Moved by Ashbaugh/Smith to : 1) Approve Operational Plan and Agreemen t
for Automatic Aid between San Luis Obispo City Fire Department and CAL FIRE /Sa n
Luis Obispo County Fire Department . 2) Authorize Fire Chief to execute agreemen t
with CAL FIRE/San Luis Obispo County Fire Department (5 :0).
C2 .REQUEST FOR PROPOSALS – ARCHITECTURAL DESIGN SERVICES ,
SPECIFICATION NO . 90703-2012 .
City Council Meeting Page 3
Tuesday, February 21, 201 2
ACTION :Moved by Ashbaugh/Smith to : 1) Approve the Request for Proposal (RFP) t o
provide Architectural Design Services for the Capital Improvement Program ,
Specification No . 90703-2012 . 2) Authorize the City Manager to execute agreements
with the selected consulting firms . 3) Authorize the Finance Director to execute an d
amend Purchase Orders for individual projects with consultants under agreement, in a n
amount not-to-exceed the authorized project budget (5 :0).
C3 .PRIORITIES FOR USE OF SINSHEIMER PARK INCLUDIN G
RECOMMENDATION FOR FUTURE USE OF SINSHEIMER STADIUM .
ACTION :Moved by Ashbaugh/Smith to : as recommended by the Advisory Committe e
on Shared Use of Recreational Facilities : 1) Approve the revised Priorities for Use o f
Sinsheimer Park . 2) In the future, when current Use Agreements expire, contract wit h
only one non-recreational collegiate team for use of Sinsheimer Baseball Stadium (5 :0).
C4 .CONSOLIDATION AND REORGANIZATION OF THE SHARED USE O F
RECREATIONAL FACILITIES (SURF) COMMITTEE WITH THE PARKS AN D
RECREATION COMMISSION (PRC).
ACTION :Moved by Ashbaugh/Smith to : 1) Repeal Ordinance 906 (1981 Series),
which established and defined the duties of the Joint Recreational Use of School Distric t
Property Committee (now known as the Shared Use of Recreational Facilitie s
Committee or SURF), thereby eliminating the Committee . 2) As recommended by th e
Parks and Recreation Commission and the Shared Use of Recreational Facilitie s
Committee :
a.Consolidate and reorganize the Parks and Recreation Commission and SUR F
into one advisory body known as the Parks and Recreation Commission .
b.Upon a vacancy on the Parks and Recreation Commission, consider appointing a
former Shared Use of Recreational Facilities Committee member first to th e
Commission .
3) Approve the attached amended and restated bylaws for the Parks and Recreatio n
Commission reflecting this consolidation of duties, to become effective upon th e
effective date of the repeal of Ordinance 906 (1981 Series) (5 :0).
C5 .REPEAL OF A 2004 RESOLUTION AUTHORIZING CONFIDENTIALS ,
DEPARTMENT HEAD, AND MANAGEMENT PARTICIPATION IN THE SA N
LUIS OBISPO EMPLOYEES RETIREMENT MEDICAL TRUST .
ACTION :Moved by Ashbaugh/Smith to : Adopt Resolution No . 10330 (2012 Series )
repealing Resolution No . 9562 (2004 Series) and terminating the confidentials ,
department head, and managers' participation in the San Luis Obispo Employee s
Retirement Medical Trust (5 :0).
City Council Meeting Page 4
Tuesday, February 21, 201 2
C6.SOFTWARE SOLUTIONS CONTRACT FOR ENERGOV TESTING AN D
TRAINING .
ACTION :Moved by Ashbauqh/Smith to : Award a contract to Software Solutions fo r
testing and training services on the EnerGov Solutions software and authorize the Cit y
Manager to execute the contract totaling $48,400 (5 :0).
C7.TANK FARM ROAD &BROAD STREET WIDENING, SPECIFICATION NO .
90588 .
Council Member Ashbauqh spoke of concerns regarding staff's
recommendation .Public Works Director Walter responded to Mr . Ashbaugh's
concerns .
ACTION :Moved by Carter/Carpenter to : 1) Approve plans and specifications for th e
Tank Farm Road & Broad Street Widening Project, Specification No . 90588 . 2 )
Approve the transfer of $152,000 into the project's construction and constructio n
management phases from the following project accounts : $45,000 from the Highwa y
227 Relinquishment Signal Upgrades account, $100,000 from the 2011 Stree t
Microsurfacing account, $3,000 from the Water Distribution System Improvement s
Master account for valve adjustments, and $4,000 from the Utility Collection Syste m
Improvements Master Account . 3) Authorize staff to advertise for bids and authorize th e
City Manager to award the contract if the lowest responsible bid is within the Engineer's
Estimate of $590,000 (5 :0).
C8.COUNCIL PROTOCOL FOR ROLL CALL VOTES .
ACTION :Moved by Carpenter/Smith to not afirm the Mayor's discretion to determin e
voting procedures for agenda items and direct staff to return with modifications to th e
Council's Policies and Procedures (4 :1, Ashbaugh opposed).
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PUBLIC HEARINGS AND BUSINESS ITEM S
1 .CONSIDERATION OF 2012 COMMUNITY DEVELOPMENT BLOCK GRAN T
(CDBG) FUNDING RECOMMENDATIONS .
Community Development Director Johnson and Housinq Proqrams Manager Core y
presented the report and responded to Council question s
Mayor Marx opened the public hearing .
Jody Frey, San Luis Obispo,spoke about her concerns regarding ADA accessibilit y
ramps .
Public Works Director Walter responded to Ms . Frey's concerns .
City Council Meeting Page 5
Tuesday, February 21, 201 2
Mayor Marx closed the public hearing .
ACTION :Moved by Carter/Ashbauqh as recommended by the Human Relation s
Commission (HRC): 1) Adopt Resolution No . 10331(2012 Series)to approve fundin g
recommendations for $573,125 in CDBG funds for the 2012 Program Year . 2 )
Reallocate $212,901 of unexpended 2008, 2009 and 2010 CDBG funds from Cur b
Ramp ADA Street Improvements, Santa Rosa Park ADA Improvements, City of Sa n
Luis Obispo Housing Element Implementation and ROEM Corporation Propert y
Acquisition for Affordable Housing (2201 Emily Street) (5 :0).
Council recessed at 8 :50 p .m . and reconvened at 9 :00 p .m . with all members present .
2.PUBLIC HEARING ON THE 2011-2012 PROGRAM OF PROJECTS FO R
FEDERAL TRANSIT ADMINISTRATION SECTION 5307 GRANTS .
Public Works Director Walter introduced the item, following which Transit Manage r
Webster presented the report and responded to Council questions .
Mayor Marx opened the public hearing .
There was no public comment .
Mayor Marx closed the public hearing .
ACTION :Moved by Carpenter/Smith to : 1) Conduct a public hearing on the 2011-1 2
Federal Transit Administration Program of Projects . 2) As recommended by the Sa n
Luis Obispo Urbanized Area Technical Committee, adopt the proposed FY 2011-1 2
Program of Projects and appropriate $1,318,592 in Federal Transit Administration gran t
funding for 2011-12 into the SLO Transit budget . 3) Adopt Resolution No . 1033 2
(2012 Series)authorizing the Public Works Director to file a grant application an d
execute a grant agreement with the Federal Transit Administration for a total o f
$3,087,983 (5 :0).
3.2011-12 MID-YEAR BUDGET REVIEW .
Finance and Information Technoloqy Director Bourbeau reported on the City's Financia l
Condition and Assistant City Manager Codron reported on the Major City Goals an d
Other Important Objectives . Mr . Bourbeau, Mr . Codron and other City staff responde d
to Council questions .
Public Comment s
Don Hedrick, San Luis Obispo,spoke about concerns regarding the City's investment s
and expenditures .
City Council Meeting Page 6
Tuesday, February 21, 201 2
---end of public comments---
ACTION :Moved by Ashbaugh/Carpenter reviewed and discussed the City's financia l
condition and status of City goals at the mid-point of 2011-12 . In addition, Counci l
approved revenue and expenditure changes presented in the accompanying Mid-Yea r
Budget Review document (5 :0).
4 .2012 LEGISLATIVE ACTION PLATFORM .
City Attorney Dietrick presented the report and responded to Council questions .
Public Comment s
Kevin Rice, San Luis Obispo,disagreed with Council adopting what another legislativ e
body adopted .
---end of public comments---
ACTION :Moved by Ashbaugh/Carpenter to : 1) Adopt Resolution No . 10333 (201 2
Series)establishing a Legislative Action Platform for 2012 as modified . 2) Appoint th e
Mayor, City Attorney and City Manager to act as the primary legislative liaisons betwee n
the League of California Cities and the City of San Luis Obispo (5 :0).
5 .CITY COUNCIL "LEGALLY REQUIRED PARTICIPATION" SELECTIO N
PROCESS FOR CONSIDERATION OF FIRE HAZARD MAP AMENDMENT O F
THE GENERAL PLAN SAFETY ELEMENT .
City Attorney Dietrick presented the report and responded to Council questions .
Public Comment s
Don Hedrick, San Luis Obispo,spoke about his concerns regarding the process o f
drawing lots .
Kevin Rice, San Luis Obispo,stated his City of residency .
---end of public comments---
City Clerk Cano explained the process and proceeded to the drawing of lots .
ACTION :Due to potential conflicts of interest of all City Council members, utilize a
random means of selection specified by the City clerk to select three Council members
to participate in Council's consideration of proposed amendments to the fire hazard ma p
in the Safety Element of the General Plan . The Council Members selected t o
participate in the discussions and actions for consideration of fire hazard ma p
amendment of the General Plan and Safety Element are Council Members Andre w
Carter and Kathy Smith and Mayor Jan Marx .
City Council Meeting Page 7
Tuesday, February 21, 201 2
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COUNCIL LIAISON REPORTS AND COMMUNICATION S
Council Member Ashbauqh referred to a memo regarding the Safe Parking Pilot Progra m
he submitted to Council prior to the Council meeting and on file with the original agend a
packet .
Community Development Director Johnson responded to Council Member Ashbaugh's
concerns .
Mayor Marx referred to her Liaison report, which she distributed to Council during th e
meeting .
By consensus, Council asked staff to include in the staff report for March 20, 2012, th e
Small bore Association site as a possible site for the Safe Parking Pilot Program .
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There being no further business to come before the City Council,Mayor Marx adjourne d
the meeting at 11 :15 p .m .
Elaina Cano, CM C
City Cler k
APPROVED BY COUNCIL : xx/xx/12
MINUTE S
REGULAR MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
TUESDAY, MARCH 6, 2012 - 7 :00 P .M .
COUNCIL CHAMBER, 990 PALM STREE T
SAN LUIS OBISPO, CALIFORNI A
ROLL CALL :
Council Member s
Present :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e
Mayor Dan Carpenter, and Mayor Jan Mar x
City Staff
Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l
Codron, Assistant City Manager, and Elaina Cano, City Clerk, wer e
present at Roll Call . Other staff members presented reports or responde d
to questions as indicated in the minutes .
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PRESENTATIONS ,
SESLOC FEDERAL CREDIT UNION 70 TH ANNIVERSARY - PROCLAMATION .
Mayor Marx presented Geri LaChance,SESLOC CEO/President, a proclamatio n
recognizing SESLOC Federal Credit Union's 70 th Anniversary .
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PUBLIC COMMEN T
Ken Herrmann, San Luis Obispo,spoke about his concern regarding SmartMeters .
Don Hedrick, San Luis Obispo,spoke about his concerns regarding viewing the Counci l
meetings on the internet .
Assistant City Manaqer Codron responded to Mr . Hedrick's concerns .
Will Powers, San Luis Obispo,spoke about his concerns regarding homelessness ,
vehicle noise and potholes .
Danny Branninburq, San Luis Obispo,spoke about his concerns regarding homelessness
and overall safety while living in his vehicle .
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CONSENT AGEND A
By consensus, Council agreed to pull Item C6 for further discussion .
Public Comment :
Courtney Kienow, Chamber of Commerce,spoke in support of Item C6 .
Paul Rys, San Luis Obispo,spoke in support of Item C6 .
Cl -8
City Council Meeting Page 2
Tuesday, March 6, 201 2
End of Public Commen t
Cl .MINUTES .
ACTION :Moved by Ashbaugh/Carter to waive oral reading and approve as presented
(5 :0).
C2.2012-13 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRAN T
APPLICATION .
ACTION :Moved by Ashbaugh/Carter to : 1) Authorize staff to submit a grant applicatio n
to the California Department of Alcoholic Beverage Control for FY 2012-13 in an amoun t
not to exceed $30,000 . 2) Adopt Resolution No . 10334 (2012 Series) authorizing the Cit y
Manager to enter into a contract with the State if funding is awarded . 3) Authorize the Cit y
Manager to execute the necessary grant documents upon grant award . (5 :0).
C3.REQUEST FOR PROPOSALS — CIVIL ENGINEERING AND TRAFFI C
ENGINEERING DESIGN SERVICES, SPECIFICATION NO . 90703-2012A .
ACTION :Moved by Ashbaugh/Carter to : 1) Approve the Request for Proposals (RFP)
to provide Civil Engineering and Traffic Engineering Design Services for the Capita l
Improvement Program, Specification No . 90703-2012A . 2) Authorize the City Manage r
to execute agreements with the selected consulting firms . 3) Authorize the Financ e
Director to execute and amend Purchase Orders for individual Civil Engineering an d
Traffic Engineering consultant service contracts in an amount not-to-exceed th e
authorized project budget (5 :0).
C4.SCADA UPGRADE INTEGRATION SERVICES — REQUEST FO R
PROPOSALS .
ACTION :Moved by Ashbaugh/Carter to : 1) Approve the request for proposals for th e
Wastewater Division's Supervisory Control and Data Acquisition Upgrade Integratio n
Services and authorize its issuance . 2) Authorize the City Manager to award a contract
if the selected proposal is within the estimate of $100,000 . (5 :0).
C5.AUTHORIZE FUNDS FROM THE LAW ENFORCEMENT GRAN T
FUND/TRAFFIC IMPOUND ACCOUNT TO PURCHASE EQUIPMEN T
RELATED TO TRAFFIC SAFETY .
ACTION :Moved by Ashbaugh/Carter to : 1) Appropriate $16,000 from available fun d
balance in the Law Enforcement Grant Fund/Traffic Impound Account to purchas e
mobile radar units for use by the Police Department's Traffic Safety Division personnel .
2) Appropriate $8,200 from available fund balance in the Law Enforcement Gran t
Fund/Traffic Impound Account to purchase tire deflation devices to equip patrol vehicle s
(5 :0).
C6.MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUI S
OBISPO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
City Council Meeting Page 3
Tuesday, March 6, 201 2
LOCAL 3523 FOR THE PERIOD OF JANUARY 1, 2012 THROUG H
DECEMBER 31, 2015 .
City Manager Lichtiq gave an overview of the staff report .
Council Member Smith stated her opposition to staff's recommendation and that th e
MOU does not validate the vote of the people .
Vice Mayor Carpenter stated his opposition to staff's recommendation and that th e
MOU does not satisfy long term financial solutions .
Council Members Ashbaugh and Carter and Mayor Marx commended the firefighters fo r
agreeing to the terms in the agreement .
ACTION :Moved by Marx/Carter to : 1) Adopt Resolution No . 10335 (2012 Series )
adopting and ratifying the Memorandum of Agreement with a four-year term betwee n
the City of San Luis Obispo and the International Association of Firefighters, Loca l
3523 . 2) Adopt Resolution No . 10336 (2012 Series) ceasing to pay and report the valu e
of the employer paid member contribution (EPMC) to the California Public Employee s
Retirement System (CaIPERS) for members of the International Association o f
Firefighters, Local 3523 (3 :2, Carpenter/Smith opposed).
C7 .FINAL READING TO REPEAL ORDINANCE 906 (1981 SERIES) T O
CONSOLIDATE AND REORGANIZE THE SHARED USE OF RECREATIONA L
FACILITIES (SURF) COMMITTEE WITH THE PARKS AND RECREATIO N
COMMISSION (PRC).
ACTION :Moved by Ashbaugh/Carter to : Adopt Ordinance 1574 (2012 Series )
repealing Ordinance 906 (1981 Series) and thereby consolidating and reorganizing th e
Shared Use of Recreational Facilities Committee with the Parks and Recreatio n
Commission (5 :0).
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PUBLIC HEARING S
1 .AMENDMENTS TO THE FIRE HAZARDS SECTION OF THE GENERAL PLA N
SAFETY ELEMENT AND TEXT AMENDMENTS TO THE BUILDING COD E
(GPA, ER 77-10).
Due to technical complications, Council recessed at 7 :50 p .m . and reconvened at 8 :0 5
p .m . with all members present .
City Attorney Dietrick explained legally participation process and announced tha t
Council Members Carter, Smith and Mayor Marx will be allowed to participate .
Council Member Ashbaugh and Vice Mayor Carpenter then left the Council Chamber .
Community Development Director Johnson, Fire Chief Hines and Senior Planne r
Dunsmore presented the report and responded to Council questions .
Cl -10
City Council Meeting Page 4
Tuesday, March 6, 201 2
Mayor Marx opened the public hearing .
Bill Almas, San Luis Obispo,spoke in support of staff's recommendation .
Mayor Marx closed the public hearing .
ACTION :Moved by Carter/Smith to : 1) Adopt Resolution No . 10337 (2012 Series )
amending the Fire Hazards section of the General Plan Safety Element as amended . 2 )
Introduce Ordinance No . 1575 (2012 Series) amending Title 15 of the Municipal Cod e
amending construction and fire codes . 3) Adopt a Negative Declaration o f
environmental effect (ER 77-10) (3 :0 ; Ashbaugh/Carpenter recused).
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BUSINESS ITEM S
Council Member Ashbaugh and Vice Mayor Carpenter returned to the Council Chamber .
2.RECOMMENDATION TO ADD THE PROPERTY LOCATED AT 868 UPHA M
STREET TO THE MASTER LIST OF HISTORIC RESOURCES .
Community Development Director Johnson, and Associate Planner Brian Leveill e
presented the report .
Public Comment :
Maqqie Browninq, Owner of 868 Upham, San Luis Obispo,spoke in support of staff's
recommendation .
End of Public Commen t
ACTION :Moved by Carpenter/Smith to : As recommended by the Cultural Heritag e
Committee (CHC), adopt Resolution No . 10338 (2012 Series) adding the property locate d
at 868 Upham Street to the Master List of Historic Resources . (5 :0).
3.DETERMINE SIZE OF TASK FORCE AND PROCESS TO SELEC T
PARTICIPANTS FOR TASK FORCE — LAND USE AND CIRCULATIO N
ELEMENTS UPDATE (TF-LUCE).
Community Development Director Johnson and Deputy Director Lonq Ranqe Plannin q
Murry presented the report and responded to Council questions .
Public Comment s
Courtney Kienow, San Luis Obispo Chamber of Commerce,spoke in support of having a
business representative on the TF-LUCE .
Steve Delmartini, San Luis Obispo,suggested holding workshops where citizens ca n
participate in discussions .
City Council Meeting Page 5
Tuesday, March 6, 201 2
Sandra Rowley, San Luis Obispo,spoke about her concern regarding the size of the TF-
LUCE .
Will Powers, San Luis Obispo,spoke about his concerns regarding the diversity of TF-
LUCE members .
---end of public comments---
ACTION :Moved by Ashbauqh/Carter to set the tentative size of the TF-LUCE to 13 ,
which will include 1 member of the Planning Commission and following th e
recommended process to select participants . Each Council Member will bring a list of a t
least 12 nominees to the Council Meeting on March 13, 2012 ; (5 :0).
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COUNCIL LIAISON REPORTS AND COMMUNICATION S
Council Member Ashbauqh reported on his attendance at the Annual Advisory Bod y
Recognition Event and business visit to REC Solar Mainstream Energy . Mr . Ashbaug h
also referenced a letter from Sandra Rowley regarding Safe Route to School's and a n
article that he co-authored in the New Times pertaining to the Prado Road Center Pilot
Program .
Council Member Carter reported on his attendance at the LOCC workshop in Lo s
Angeles .
Mayor Marx reported on her attendance at the Planning Commission meeting ,
Symphony Ball, Advisory Body Recognition Event, SLODA meeting, and the Phylli s
Madonna Fashion Show . Ms . Marx also stated that she submitted a 2012 City Livabilit y
Outstanding Achievement Award application to the US Conference of Mayor's regardin g
the City's Greenbelt and Open Space Program .
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There being no further business to come before the City Council,Mayor Marx adjourne d
the meeting at 9 :36 p .m .
Elaina Cano, CM C
City Cler k
APPROVED BY COUNCIL : xx/xx/12