HomeMy WebLinkAboutItem 4.01 Draft Minutes 11-28-1994 (2)
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REGULAR MEETING - November 28, 1994
A regular meeting of the City Council of the City of Dublin was held
on Monday, November 28, 1994, in the Council Chambers of the Dublin
Civic center. The meeting was called to order at 7:30 p.m., by Mayor
Snyder.
* * * *
ROLL CALL
PRESENT: Councilmembers Burton, Houston, Howard, Moffatt and Mayor
Snyder.
ABSENT: None.
* * * *
PLEDGE OF ALLEGIANCE
Mayor Snyder led the Council, Staff and those present in the pledge of
allegiance to the flag.
* * * *
INTRODUCTION OF NEW EMPLOYEE (700-10)
City Manager Ambrose introduced Teresa Ninman, the City's new Office
Assistant II, who began her employment with the City recently.
The Council welcomed Teresa aboard.
* * * *
DARE Proqram (580-40)
Bob Trimble, 8139 Via Zapata, directed comments to Cm. Houston related
to his comments about the need for a DARE Program in Dublin. The
Dublin Lions Club sponsors a program called QUEST which has been in
Dublin for several years. It is currently in Wells Middle School and
1,500 kids have gone through the program in the last 5 years. They
currently have 6 teachers trained and 4 more scheduled for training in
January. The program is completely paid for by the Lions Club.
Mr. Trimble advised of his involvement with the City's Graffiti Task
Force and voiced his concern. They do not believe that the DARE
Program competes with QUEST, but instead compliments it. People in
the City of Dublin are very proud of this program. QUEST is a very
important part of our educational system. This program was started by
Mayor Snyder several years ago. Ninety-eight percent of the kids in
this community carryon in a very exemplary manner.
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ITEM NO.
4.1
COPIES TO:
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Comments on street Maintenance (820-30)
Mabel Raglin, 7458 Larkdale Avenue, questioned the street repairs that
were supposed to take place in August and September and advised that a
lot of it didn't happen. In addition, there are large potholes on
village Parkway already. She suggested that the City not use the same
contractor again.
Public Works Director Thompson stated we did repave village Parkway
about a year or a year and a half ago. We had problems with water
under the pavement and had to do some patch repairs.
Ms. Raglin stated Larkdale Avenue was listed for repairs, but nothing
happened there. Larkdale gets a lot of traffic due to School District
offices there, the Senior Center, Kaleidoscope Activity Center, and a
couple of baby-sitters that live on the block. Also, for many years
there was a marker in the middle of the street and she questioned why
this was removed.
Public Works Staff was directed to review this situation.
* * * *
Waste Manaqement Franchise Requlations (810-20)
Cm. Burton requested Staff to put the question of the process of
selecting a garbage contractor on a future agenda for discussion of
going out to bid. He requested that Staff place this on the
January 9, 1995 agenda.
Mr. Ambrose advised that Staff will bring it to the Council as soon as
possible after the new Council is seated. Because of deadlines, it
may be necessary to have the Council consider the issue sooner.
* * * *
LAFCO Decision Related to East Dublin (620-40)
Mr. Ambrose stated it had come to his attention that Pleasanton will
discuss asking for reconsideration of LAFCO's action at their next
meeting.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote, the Council agreed to add this to the agenda for discussion as
New Business Item 8.3.
* * * *
Audit Committee (310-20/110-30)
Mr. Ambrose indicated a need with regard to the City's annual audit.
The City Council dissolved the audit review committee after changes in
the Brown Act earlier this year. He asked if the City Council would
like to reconsider activating this committee or have the audit brought
before the full Council.
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On motion of Cm. Houston, seconded by Cm. Moffatt, and by unanimous
vote, the Council agreed to add this to the agenda for discussion as
New Business Item 8.4.
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Leaque of CA cities Leqislative Deleqate Proqram (140-20/110-30)
Mr. Ambrose stated the League of California cities has established a
City Legislative Delegate Program which would have each City identify
delegates to directly contact legislators related to issues of City
problems. They would like a response by December 5th.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous
vote, the Council agreed to add this to the agenda for discussion as
New Business Item 8.5.
* * * *
CONSENT CALENDAR
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the Council took the following actions:
Approved Minutes of Regular Meeting of November 14, 1994;
Adopted
RESOLUTION NO. 119 - 94
AUTHORIZING THE MAYOR TO EXEeUTE AGREEMENT (600-50) FOR
SUPPLEMENT NO. 005 (CYCLE 5) STATE-LOCAL PARTNERSHIP FUNDS (BB 300)
Received monthly Financial Reports for periods ending September and
October 1994 (330-50);
Approved Warrant Register in the amount of $454,336.92 (300-40).
* * * *
eOMMUNITY TELEVISION (CTV 30) FUNDING REQUEST (1050-50)
Management Assistant Barker advised that in October, 1994, the CTV
Board of Directors requested that the cities of Dublin, Pleasanton,
Livermore and San Ramon consider funding a voluntary contribution for
Fiscal Year 1994-95 of $1,500 - $2,000 per city to pay for the "Valley
Forum" programming.
The City of Livermore has already acted on this and declined the
request. The cities of Pleasanton and San Ramon will be hearing the
item at their December 13th meetings.
Mr. Barker stated during the 1994-95 Budget deliberations, the city
Council had numerous questions about whether or not cities should be
involved in funding CTV. There appeared to be a strong sense that CTV
should be relying less on city funding and more on self funding, and
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based on this, staff recommended that the City Council deny the
request.
Cm. Burton asked if this was a new system they were using to break out
this program and commented that if so, next time the request might be
for funding for another program.
Mr. Barker advised that when we were going through the budget process,
the city funded a base level of service to pay for a certain amount of
programs. They are now requesting funding for other programs.
Cm. Moffatt expressed his surprise that they did not submit a budget
letter with this.
Mr. Barker clarified that they do have a budget, but it wasn't given
to us as part of this plan.
Cm. Howard pointed out that this is what we asked them to do last
time. If we want to have Valley Forums and the other special things,
we should consider this funding.
Cm. Burton asked if there was any discussion specifically about this
one item or if every program was going to generate a separate request.
Cm. Howard stated this was one program that was not funded and if we
want to see it on the air we have to pay for it. It is impossible for
them to do enough fundraising at this point.
Cm. Burton asked if this funding would be from now until the end of
June.
Cm. Howard responded yes.
Cm. Houston stated he felt we should stick with the staff recommenda-
tion. If they want additional money, they should come back at budget
time with a formal request.
Cm. Moffatt again expressed his disappointment that no budget was
submitted with the request.
On motion of Cm. Howard, seconded by Cm. Burton, and by majority vote,
the Council agreed to provide additional funding to Community TV30 in
the amount of $1,500. Cm.'s Houston and Moffatt voted against this
motion.
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CORRESPONDENCE FROM DUBLIN UNIFIED seHOOL DISTRICT
REGARDING AGREEMENTS BETWEEN THE eITY AND THE DISTRICT (600-40)
Parks & Community Services Director Lowart advised that the City
recently received correspondence from the Dublin Unified School
District related to two City/District Agreements: 1) Use of
Facilities; and 2) Renovation of Dublin High School fields.
Ms. Lowart explained that the District has an interest in charging
City or City sponsored programs, the District's actual direct costs
(utilities, supplies, etc.) associated with the use of District
facilities by other than District groups. The District is also
interested in discussing with the City ways in which the financial
obligation agreed to in 1991 ($549,500 in 1991 dollars) may be applied
toward City/District recreational needs.
Ms. Lowart stated City Staff also has additional concerns with respect
to the Facility Use Agreement. Of foremost concern is the City's role
in scheduling school facilities. Under the terms of the Agreement,
the City is responsible for scheduling the use of school facilities
during non-school hours. However, once a permit is approved by the
City, the City has little control over individual schools overriding a
previously approved permit and displacing a City program or community
group with little or no notice. This action reflects poorly on the
City and has created numerous problems with select community groups.
Staff recommended that a meeting be arranged between the City and
District Liaison Committee to further discuss the agreements prior to
taking any action on the comments raised by the Board.
Cm. Burton stated he was really disturbed that this has been going on
where people can be pre-empted.
Ms. Lowart stated it seems to have come to a head this year.
According to the agreement, they are supposed to provide an alternate
location. Each school is an individual entity. This year we seem to
have more of a problem because of those who rely mainly on Dublin High
School and Wells Middle School for their activities.
Cm. Burton asked if Ms. Lowart felt they wanted to get out of the
agreement after the City put $1,000,000 into their facilities. He
asked if the improvements were in the ground.
Ms. Lowart stated. she didn't feel they want to get out of the
agreement. It is unlikely that we will be able to retrieve the amount
of money we put into the facilities which was about $837,000 in direct
improvements.
Ms. Silver stated the agreement provides 2 options: 1) remove
improvements; or 2) the City has a right to receive the value of the
improvements.
Cm. Burton stated he felt the 2 Staffs should try to work this out.
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Mayor Snyder advised that Cm.'s Houston and Howard are the liaison
committee members. He asked how soon a meeting could be arranged.
Ms. Lowart stated she thought it would probably be after the holidays.
On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous
vote, the Council directed Staff to arrange a meeting of the
City/District Liaison Committee after a full Council is seated in
January.
* * * *
PUBLIC HEARING - REQUEST FOR LOADING ZONE ON
AMADOR PLAZA ROAD IN FRONT OF VIDEO ONLY BUILDING (570-20)
Mayor Snyder opened the public hearing.
Public Works Director Thompson advised that this is the second reading
of a proposed ordinance that was introduced at the November 14, 1994
Council meeting. The property owner of 6920 Amador Plaza Road (Video
only store) is requesting a loading zone because the on-site loading
area that was being used has been eliminated.
No testimony was given by any member of the public relative to this
issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Burton, seconded by em. Moffatt, and by unanimous
vote, the Council waived the reading and adopted
ORDINANeE NO. 12 - 94
ESTABLISHING A 40' LOADING ZONE ON THE WEST SIDE OF
AMADOR PLAZA ROAD 354' NORTH OF THE NORTHERLY CURBLINE
OF DUBLIN BOULEVARD
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CABLE TELEVISION RATE REVIEW (1050-20)
Mayor Snyder opened the public hearing.
Management Assistant Barker presented the staff Report and advi?ed
that the 1992 Cable Television Consumer Protection and Competition Act
allows cable systems not subject to effective competition to be
regulated. Viacom Cable has submitted 3 forms detailing a reduction
in cable rates for Dublin customers for the period covering June 15th
through November 14, 1994.
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Mr. Barker explained that normally, staff would send the rate forms
from Viacom to the City's cable consultant, Telecommunications
Management Corporation. In the previous rate application, the City
was able to receive substantial savings from cooperating with the
other Valley cities in jointly reviewing the rates. However, forms
1200, 1205 and 1215 are different in their content and TMC estimated
that a review of the forms could cost up to $2,100 per city. since
the rate most customers pay is $2.09 below the previous rate, staff
recommended that the city Council not initiate a rate review, but
instead hold a public hearing and approve the rate as actual.
Mr. Barker stated the City has also received an application to
increase rates by an apparent 3% and Staff proposed that the City
continue to utilize TMC in cases where the rates are increased. The
new filing will cost the City approximately $750 for the rate review
process. Further information will be presented in January.
Cm. Moffatt asked about the digital signal system and if this is in
direct conflict. Are we able to regulate their system and do we get a
franchise fee.
Mr. Barker advised that they don't carry local broadcasts so we have
no regulatory powers over them.. Staff is, however, keeping its ears
open on this subject.
No testimony was given by any member of the public relative to this
issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous
vote, the Council approved the Basic Tier Rate Reduction of $1.30 to
$12.34 for the period covering June 15th through November 14, 1994.
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PUBLIC HEARING
TRANSPORTATION IMPAeT FEE ORDINANeE (390-20)
Mayor Snyder opened the public hearing.
City Attorney Silver presented the Staff Report and advised that in
1993, the City Council adopted the Eastern Dublin Specific Plan. As
part of the Specific Plan implementation, the City must pass an
ordinance which establishes a mechanism for imposing traffic impact
fees related to new development. The Plan includes financing goals
including a goal that new development in the Specific Plan area should
pay the full cost of infrastructure needed to serve the area.
Ms. Silver explained that the proposed ordinance is the first step; it
is an implementing ordinance which, if adopted, will establish the
mechanism for imposing a fee or fees. No fees will be imposed by this
ordinance. The cost of preparing the Transportation Impact Fee
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Ordinance can be recovered from property owners applying for approval
of development. Fees of this nature were approved by the Legislature
in AB 1600 in 1989. They are not subject to CEQA.
Cm. Moffatt asked if a fee is set and it is agreed to by a developer
and the City, if it is then locked into place. If this is the case,
what about a county or regional fee?
Ms. Silver stated if a fee is established by the City Council, staff
would recommend that the fee be evaluated every year or two to make
sure the fee is still accurate. Other fees imposed by the City
Council could potentially reduce these fees.
Mr. Ambrose stated it depends on the terms of the legislation.
Mayor Snyder pointed out that what the fee is going to apply to has to
be specifically indicated.
Ms. Silver stated the County couldn't impose a fee on property owners
in the City. The State could require that a certain fee be paid for
regional improvements, but if you are already collecting the fee, it
would have to be offset because we can't require property owners to
pay the same fee twice.
Cm. Burton commented that this is merely a facilitating ordinance. It
doesn't set any fees.
No testimony was given by any member of the public relative to this
issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous
vote, the Council waived the reading and INTRODUCED the Ordinance.
* * * *
PUBLIC HEARING
PUBLIC FACILITIES IMPAeT FEE ORDINANCE (390-20)
Mayor Snyder opened the public hearing.
City Attorney Silver advised that this item, like the previous item
establishes a mechanism for imposing public facilities impact fees
related to new development. The Eastern Dublin Specific Plan includes
financing goals including a goal that new development in the Specific
Plan area should pay the full cost of infrastructure needed to serve
the area.
Ms. Silver explained that the proposed ordinance is the first step; it
is an implementing ordinance which, if adopted, will establish the
mechanism for imposing a fee or fees. No fees will be imposed by this
ordinance. As with the other ordinance, the cost of preparing the
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Public Facilities Impact Fee Ordinance can be recovered from property
owners applying for approval of development.
Cm. Moffatt asked if, with regard to the different types of menus, if
this precludes any new financing methods that might come down the
shute in the future.
Ms. Silver responded no, if there are new means identified by the
legislature in the next 10 to 20 years, those would be appropriate for
developers to use.
Mabel Raglin, Larkdale Avenue, asked if there was any chance that
these assessments for improvements could trickle back down to the old
residents.
Staff responded no, it is very specific in the General Plan and
Specific Plan that those costs must be paid for by future development.
will Racker, Inclined Place, felt assessment district costs are paid
for by the entire City for schools. This should be defined a little
better in the plans.
Ms. Silver clarified that the Specific Plan requires that new
development pay for the costs of new schools.
Mr. Ambrose stated he would be happy to sit down with Mr. Racker and
explain the details contained in the Staff Report.
Mayor Snyder closed the public hearing.
On motion of Cm. Burton, seconded by em. Moffatt, and by unanimous
vote, the Council waived the reading and INTRODUCED the Ordinance.
* * * *
FUTURE COUNCIL OPENING - REQUEST TO PLACE NEWSPAPER AD (610-20)
City Manager Ambrose advised that Councilmember Houston requested that
this item be placed on the agenda in order that the Council may again
discuss the possibility of placing an ad in local newspapers advising
residents of an opening on the Council which will occur when he
vacates his Council seat and is sworn in as Mayor.
Mr. Ambrose advised that the City Clerk must post/publish a list of
all City Commissions/Committees where openings will occur no later
than December 31st. Application forms have been developed for both
the Planning and the Parks & Community Services Commissions and Staff
is currently developing an application for the future Heritage Center
Advisory Committee.
Mr. Ambrose requested that the Council discuss the issues and provide
direction to Staff. Should the Council determine that ads are to be
placed, direction should be provided with regard to: 1) When should
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ads run? 2) How many times should ads run? 3) Should there be a
formal application form for the Council position? If so, what
information should be included? 4) What date should be listed as the
cutoff date for submitting applications to the City Clerk?
Mayor Snyder stated he never questioned the legality of this item.
Since the newly elected Councilmember indicated her approval of
placing this ad, he had no further problem with the issue.
Cm. Houston stated he felt it would be a more efficient use of time
over the holiday period to get this ad placed as soon as possible.
Councilmember-elect Barnes urged support of this in order to get
moving along to fill the vacancy. We owe it to the citizens of Dublin
to have 5 people sitting on the Council.
Cm. Moffatt asked if when they advertise they will be advertising for
a part-time individual just until the election.
Cm. Houston requested that the Council first deal with the issue of
placing an ad and they could then discuss the particulars.
On motion of Cm. Houston, seconded by Cm. Burton, and by unanimous
vote, the Council directed Staff to go forward with placing an ad to
fill the vacant Council seat. The ad for Council should be separate
from any ads placed related to filling openings on the various Boards/
Commissions/Committees.
By consensus, the Council determined that applicants should be U. S.
citizens and live in Dublin. The City Clerk pointed out that they
should also be registered voters.
By consensus, the Council determined that the ads should be run in the
Valley Times and the Tri-Valley Herald, on December 4th, 11th, and
18th with a cutoff date for submitting interest by Thursday, December
22nd at 5:00 p.m.
By consensus, the Council determined that interested individuals
should submit a resume giving their historical background and
experience. The City Manager was directed to develop an application
form requesting vital statistical information and also other pertinent
information such as the person's vision for the City. At a future
public meeting, the applicants will be allowed to make a presentation
to the Council.
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AMENDMENT TO COUNCIL RULES RELATED
TO FILLING COUNCIL VACANCIES (610-20)
City Attorney Silver advised that Councilmember Moffatt has requested
that the Council consider an amendment to the Council's Rules of
Conduct to provide that when a vacancy exists on the Council, the
remaining Councilmembers will only consider the appointment of a
replacement at a meeting at which all four remaining councilmembers
(including the Mayor) are present.
Ms. Silver advised that Government Code section 36512 does not
preclude a city council from establishing its own internal rules
regarding the method of filling council vacancies as long as the rules
are not inconsistent with section 36512.
Ms. Silver stated if the Council adopted an amendment to its rules as
proposed by Cm. Moffatt, it would not restrict the Council's ability
to call a special election to fill the vacancy or to adopt an
ordinance pursuant to section 36512 (c), at a meeting at which all
Councilmembers are not present.
On motion of Cm. Howard, seconded by Cm. Burton, and by unanimous
vote, the Council adopted
RESOLUTION NO. 120 - 94
AMENDING RESOLUTION NO. 28-94
ESTABLISHING RULES FOR THE eONDueT OF THE MEETINGS
OF THE CITY COUNCIL OF THE eITY OF DUBLIN
Cm. Burton asked if there were any special rules related to
Councilmembers talking to the potential applicants.
Ms. Silver responded that since applicants are not in the same
capacity as elected officials, nothing prohibits individual
Councilmembers from talking to potential applicants.
The Council discussed the possibility of interviews being done by a
subcommittee, but determined that this could be discussed further in
the future.
* * * *
LAFCO Decision on East Dublin (620-40)
Mr. Ambrose stated the Pleasanton City Manager recently indicated to
him that the Pleasanton City Council had added an item to their agenda
of December 6th to ask LAFCO to reconsider their action of November
10th regarding Dublin's annexation. Mr. Ambrose stated he requested
that this be added to the agenda to determine whether or not the .
Council would like to be present at that meeting or submit something
in writing. Also, the DSRSD General Manager has asked what the City
will be doing. He requested that the Council discuss their thoughts
related to actions the City of Dublin mayor may not take at this
time.
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Cm. Burton asked about the legal ramifications and what rights they
have to do this.
Ms. Silver advised that Pleasanton was not a party to the vote by
LAFCO. A person or affected agency may request reconsideration after
LAFCO has adopted a resolution making determinations. It must be
filed within 30 days. If a request is filed, LAFCO will consider it
at their next meeting which will be in January. The process is that
whoever makes a request states their case and if any LAFCO member
wishes to have a vote, the motion must made be by someone who voted in
favor of the action.
Cm. Moffatt asked about a new member who did not vote before.
Ms. Silver stated it would be up to LAFCO and their legal counsel to
determine whether the person who replaces Mayor Snyder could make a
motion for reconsideration.
Cm. Burton asked if Mayor Snyder would still be on LAFCO in January.
Mayor Snyder responded that he would not.
Mr. Ambrose stated he thought the opening would probably be filled by
the alternate, Mayor Tarver, until the city Selection Committee of the
Alameda County Mayors' Conference makes an appointment.
Cm. Burton felt the City Manager and Cit~ Attorney should attend the
Pleasanton Council meeting to speak on Dublin's behalf.
Cm. Moffatt asked if an individual could request a reconsideration.
Ms. Silver stated any person or affected entity can file a request
within the 30 day period.
Mr. Ambrose reminded everyone that the City of Pleasanton is not
LAFCO. The Dublin City Council should not place themselves in the
position of allowing the Pleasanton City Council to act that way. The
real issue is whether we have a neighbor who wants to cooperate with
us. This particular action on their part does not appear to engender
cooperation. He asked if the Council wished to make any political
statement.
Mayor Snyder commented that people who live in glass houses ...
Cm. Burton stated because Cm. Houston now has the horsepower, he would
like to see him go to convince them to be a good neighbor and to
convince them to get together and work together instead of what
they're doing.
Cm. Moffatt stated he also would like to go.
Cm. Houston stated he would go and felt we should layoff the
technical aspects and just speak to the cooperation aspect.
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Mr. Ambrose asked if the Council wished to encourage DSRSD to go.
Cm. Houston felt DSRSD should decide what they want to do.
Cm.'s Houston and Moffatt will attend Pleasanton's City Council
meeting on December 6, 1994.
* * * *
Audit Committee (310-20/110-30)
Mr. Ambrose discussed the deadline for submitting the city's audit,
and stated it would need to come before the City Council at the
December 12th meeting. In previous years, there was a standing Audit
Review Committee, but it was disbanded as a result of Brown Act.
changes regarding standing committees.
The Council determined that Cm.'s Houston and Moffatt will meet as an
ad hoc committee to review the audit prior to placing it on the city
Council agenda for December 12th.
Mr. Ambrose advised that he would schedule the meeting.
* * * *
Leaque of CA cities Leqislative Deleqate Proqram (140-20/110-30)
The League of California cities is establishing a City Legislative
Delegate Program whereby each city identifies delegates to directly
contact legislators regarding issues of City concern and problem
areas. The LOCC has requested a response by December 5th. This new
program would enable the League to contact Councilmembers or Mayors
directly so that they may contact our state Senator. On January 18th,
they are inviting the legislators to a reception in Sacramento.
By a consensus, the Council recognized the value in participating in
this program and appointed Cm. Houston to be the City's delegate.
* * * *
OTHER BUSINESS
Reception for outgoinq/lncominq Council (610-20)
Mr. Ambrose requested direction with regard to holding a reception
honoring outgoing and incoming Councilmembers prior to the next
Council meeting.
Cm. Burton felt a reception could be held about one~half hour before
the meeting. This would give enough time for the presentation of
appropriate plaques, etc.
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Regular Meeting
November 28, 1994
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Cm. Moffatt asked about the possibility of including it with the tree
lighting ceremony on December 5th.
Staff advised that the program is already planned for that event.
Cm. Moffatt stated he had no objection to having it before a meeting.
Cm. Burton suggested that Staff run a display ad and also invite
surrounding agencies.
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ABAG Subreqional Pilot Program Grant (140-10)
Cm. Moffatt advised that today was the last meeting of the new Tri-
Valley Council Planning Committee. The Subregional pilot Program
application has been completed and will be sent to ABAG tomorrow. We
won't know anything until the first of February.
Mr. Ambrose stated Staff would obtain a clean copy and then make
copies for everyone.
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ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 9:15 p.m.
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Mayor
ATTEST:
City Clerk
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CM - VOL 13 - 355 .
Regular Meeting
November 28, 1994