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DATE: December 30, 2011 RED FILE
TO: Mayor and City Council MEETING AGENDA
DAT"ZITEM #
PROM: Katie Lichtig, City Manager
SUBJECT: COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2012
Attached is a December 29, 2011 correspondence from Kevin P. Rice inquiring about the
protocol of appointing an alternate representative to the .Air Pollution Control District (APCD).
Mr. Rice correctly points out that APCD Board meets on a bi- monthly basis as opposed to the
quarterly as noted in the Council Subcommittee Assignments sheet attached to the Agenda
Report. As a result of this inquiry it is recommended that the City Council select an alternate for
the coming year along with the other assignments during item Al at your meeting on January 3,
2012. Because this issue was not previously understood to be required the preference of
councilmembers to serve in this capacity was not solicited. This will be done at the meeting on
January 3, 2012.
Moreover, because the City Council did not take a similar action at the beginning of 2011 but
instead an alternate was appointed on an as needed basis, it is recommended that the City
Council affirm the ad hoc appointment of then Vice Mayor John Ashbaugh as the alternate
representative during 2011.
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G:1Admin13trat1ve10r0ce ReferencelTemplaWSlCound Memo:dot
Dietrick, Christine
From: Kevin P. Rice
Sent Thursday, Dece er M
To: Marx, Jan; Carpenter, Dan
CC- Dietrick, Christine; Raymond A. Biering
Subject: 2012 SLO City Council Subcommittee Assignments (Jan. 3, Item Al)
Dear Mayor and Vice Mayor:
Item A1, Council Subcommittee Assignments
(htti)://www.slocity.org/cityclerk/agendas/2012/010312/scan/al.pdf), contains errors in regards to the Air
Pollution Control District to wit:
I
(1) The APCD board meets bimonthly, not quarterly, as listed in the staff report.
(2) The staff report indicates no selection of an alternate representative for 2011 or 2012 (see next item).
(3) On January 26, 2011 the APCD board recognized Health & Saf. Code 40100,5(d)(2) which provides that
each city represented on the APCD board may select an alternate representative as well as a regular
representative (see APCD item C-8:
http://slocounty.g,ranieus.com/MetaViewer.php?view id=7&clip id=l 021 &meta id=202652 ). I have
previously understood that Council member John Ashbaugh was duly appointed as an APCD alternate for San
Luis Obispo as he replaced Mayor Marx for at least one meeting in 2011. As I write this, I am quite concerned
as I can find no formal appointment of Mr. Ashbaugh in the 2011 city council minutes and, also, the March 23,
2011 APCD board minutes reflect no alternate for San Luis Obispo'was recognized (see APCD item B-6:
httR://slocogUglanicus.com/MetaViewer.phi)?view id=7&clil2 id=1061&meta id=208974 .
I draw your attention to these items so that you may correct the staff report and provide proper appointments for
2012.
Second, I am requesting an answer from you or staff as to whether Council member Ashbaugh legally
represented the city as a voting member of the APCD board on July 27, 2011 in which he provided a "swing"
vote on item B-3 during that meeting (see APCD minutes:
http://slocounty.granicus.coM MinutesViewer."h ?view id=7&clip id=l 136).
Sincerely,
Kevin P. Rice
San Luis Obis 0
CC: City Attorney Christine Dietrick
CC: Raymond Biering, SLOAPCD