HomeMy WebLinkAboutItem 4.01 Draft Minutes 12-27-1994 (2)
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REGULAR MEETING - December 27,1994
A regular meeting of the City Council of the City of Dublin was held on Tuesday,
Deaamber 27,1994, in the Council Chambers of the Dublin Civic Center. The meeting
wCJ$tColled to order at 6:32 p.m., by Mayor Houston.
**'**
JWlL CALL
I? fir5SENT:
,AJJSENT:
Ccuim.o1~le~ B:l!Jrton, Moffatt, Barnes and Mayor Houston
tf4fo-l'fe~
* * * *
PLEDGE OF ,AlUl.EGll,,*N!Qf
MG1yor Hous1tmrr ledlthe ,rounci!, Staff and those present in the pledge of allegiance to
the flag.
****
OATH OF ~OFmCE (640-60)
City Clerk Kay;- Keck administered the Oath of Office to newly elected Council member
Barnes.
Cril. Barn;fs sfuted she was honored to be seated as a Councilmember. She
commented Ithat she sat in the same chair she occupied for many years on the
Planning <commission. She thanked the voters for their support. She stated her
telephona! number is published and her mail box is open to all residents. She urged
people to:;keep in touch with her.
Several family members and friends who were present in the audience were
intlioduced.
* * * *
CLOSED SESSiON ADDED TO AGENDA (640-30)
Ort motion offCm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the
Council added a closed session item to the agenda. The closed session was added as
Item 10.1 \H>ursuant to Government Code Section 54956.9(b)( 1), relating to litigation. The
Council f(&Jnd there was a need to take immediate action to hold a closed session
prior to cOJ'lsicteration of adoption of a traffic impact fee and that the need to hold the
closed sessiornarose after the posting of the agenda. The existing facts and
cireumstorffiE5Son which this motion is based are set forth in Government Code Section
54~1,56.9(b)r.s:~ l~), as well as written correspondence received today from Cassidy &
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CITY COlIN'ffinMINUTES;
VOLUME 13
REGULAR MEETING
DECEMBER 27,1994
Page 368
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ITEM NO.
4.1
COPIES TO:
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Verges (representatives of property owners in North Pleasanton), Allwin Development
and Reynolds & Brown. This motion was made pursuant to Government Code Section
54954.2(b).
At 6:37 p.m., the Council recessed to closed session.
At 6:55 p.m., the Council returned from closed session and the Mayor announced that
no action was taken.
* * * *
INTERVIEWS OF CITY COUNCIL APPLICANTS (610-30)
Mayor Houston advised that he had talked to several cities about processes they have
used and decided that there was no clear right or wrong way of going about this. He
advised that the City Clerk would draw the names at random and each candidate
would be given about 5 minutes to speak and then the Council could ask questions.
The Council discussed the procedures and determined that each individual would be
given a specific time limit to address the Council.
Mayor Houston stated it was his intention that if a person is selected that they be sworn
in immediately.
Fourteen individuals completed and submitted applications to the City Clerk by the
deadline of 5:00 p.m., December 22, 1994. All applicants were sent a copy of the Staff
Report along with a letter advising them that the Council would be conducting the
interviews at this meeting. The City Clerk placed the names of the applicants in an
envelope and randomly drew the names in the order that they were to be interviewed
by the Council.
1) Gloria Husick/Hoxsie
4) Timothy Sheckler (Not Present)
7) Nancy Anne White
10) Karen Jacobs
13) George Zika
2) Lisbeth Howard
5) Ralph Hughes
8) Betty Heller
11) Bill Foster
14) Janet Lockhart
3) Ma~orie LaBar
6 ) Tony Oravetz
9) Bob Fasulkey
12) Lorri Faile
Cm. Burton stated he had gotten a number of calls from people wanting to know how
Ms. Lockhart could serve on the Chamber and be on the City Council. There might be
issues that involve businesses that are not necessarily Chamber members.
Ms. Lockhart stated she looked at the Chamber as being a helping hand to the City.
She felt the Chamber's goals and the City's goals are pretty much the same. She
explained that if it were to be a stumbling block to the community, she would view a
position on the City Council as being more of a commitment on her part than being
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DECEMBER 27,1994 ".
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President of the Chamber of Commerce. If would not be difficult to fill the position of
President on the Chamber Board. It's more of a "glory perk" that was given to her after
having worked on the Board for 7 years. She stated she was prepared to resign as
President if she is selected.
Cm. Moffatt expressed concerns over what might be perceived as a conflict of interest
on the part of Janet Lockhart. He felt she was jeopardizing the position of President of
the Chamber. She has control over the money they make and the decisions they
make, etc. He felt there was a hugh conflict of interest.
Mayor Houston stated members of the Council are all members of various clubs and
stated he did not see where any conflict existed in any way whatsoever. He asked Ms.
Silver to comment.
Cm. Moffatt pointed out that he is not an officer of the Lions Club and Mayor Houston is
not an officer of the Rotary Club. They would have to abstain from discussion over any
item involving the clubs if they were on the Board.
City Attorney Silver stated as a Board member or an officer of a non-profit corporation,
she would have to disqualify herself from participating in or taking any action where the
City was contemplating entering into a contract with the Chamber of Commerce. She
would have to disclose it and disqualify herself. The same would be true if any other
Council members were members of a Board and the City was contemplating entering
into a contract with one of those organizations.
Mayor Houston pointed out that in the past, members of the Council have served on
the Board of the Dublin Fine Arts Foundation and have had to abstain from voting. He
did not feel this had caused any problems.
Ms. Lockhart stated as President, she does not even have a vote. She does not lead
the discussions and only votes if there is a tie.
Tom McCormick stated as a member of the DSRSD Board, he supported Janet Lockhart.
Joellen King spoke in favor of Lisbeth Howard.
Leslie Roe spoke in favor of Janet Lockhart.
A man who did not identify himself for the record spoke in favor of Janet Lockhart.
Bill Brownell spoke in favor of Janet Lockhart.
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As the next step in the process, each Council member wrote the names of two
individuals to participate as finalists. The slips of paper were given to the City Clerk.
The City Clerk announced that Mayor Houston selected Janet Lockhart and Bob
Fasulkey. Cm. Barnes selected Lisbeth Howard and George Zika. Cm. Burton selected
Beth Howard and Janet Lockhart. Cm. Moffatt selected Lisbeth Howard and Ralph
Hughes.
Cm. Burton brought up the fact that since Lisbeth Howard had gotten 3 votes, she
should be appointed.
Mayor Houston felt this was just a reduced finalist list and stated he had further questions
he wanted to ask the finalists.
Mayor Houston asked each of the 5 finalists for their views and positions on several
topics, including: 1) City Funding for CTV 30; 2) The Toll Road Concept; 3) Youth
Activities; 4) The Need for a Business Commission; 5) Reporting structure of the Heritage
Center Advisory Committee; 6) Fireworks Sales in the City; 7) Term Limits.
Cm. Burton stated he felt that everybody who appeared was qualified to be on the
City Council.
Cm. Burton felt that over 3,000 people supported Lisbeth Howard to be on the City
Council and for this reason he stated he also supported her.
Cm. Barnes expressed her support for Lisbeth Howard.
Cm. Moffatt expressed his support for Lisbeth Howard.
Mayor Houston stated he agreed there were lots of great candidates. The fact remains
that Ms. Howard came in 4th in a 4 horse race. He discounted the point that she got
3,000 + votes; she still came in 4th. The 2 year versus 4 year term doesn't make much
difference either. He stated he still supported Janet Lockhart. She's active in the
community; she has the time; and she's been in key positions all over the City.
On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the
Council appointed Lisbeth Howard to fill the vacant Council seat with a term ending in
November, 1996.
City Clerk Kay Keck administered the Oath of Office to Cm. Howard and she was
seated on the Council.
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VOLUME 13
REGULAR MEETING
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SELECTION OF VICE MAYOR (610-20)
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Government Code Sections 34905 and 36801 require the City Council to meet after a
General Municipal Election and choose one of its members as Vice Mayor/Mayor Pro
Tempore. In the absence of the Mayor, the Vice Mayor would become Mayor Pro
Tempore and would assume the temporary responsibilities of the Mayor.
Mayor Houston stated he recommended that Cm. Burton continue as Vice Mayor.
On motion of Mayor Houston, seconded by Cm. Moffatt, and by unanimous vote, Cm.
Burton was selected to continue as Vice Mayor for 2 years.
* * * *
CITY COUNCIL COMMITTEE APPOINTMENTS (110-30)
Mayor Houston stated he had prepared a calendar showing the meeting days and
times and also a list of the appointments he wanted to make, as well as some changes.
Copies were distributed to the City Council and City Manager.
COMMITTEE
Alameda County Housing Authority
Alameda County Library Advisory Commission
Alameda County Mayors' Conference
Alameda County Waste Management Authority JPA
"
"
"
"
"
Association of Bay Area Governments Gen 'I Assy
BART Art Project
Citizen/Organization of the Year
Community Television Corporation
" II "
Congestion Management Authority
"
"
"
Dougherty Regional Fire Authority
U U II U
DSRSD Liaison Committee
Dublin Unified School District Liaison Committee
East Bay Division/League of CA Cities
"
"
II
II
II
East Bay Regional Park District Liaison Committee
Job Training Partnership Act/PIC
League of CA Cities Voting Delegate & Alternate
REPRESENTATIVE
"
Howard
Howard
Houston
Moffatt
Barnes (Alternate)
Moffatt
Linda Jeffery
Barnes/Howard
Edy Coleman
Moffatt
Burton (Alternate)
Houston/Barnes/Howard
Burton/Moffatt (Alternates)
Houston/Barnes
Houston/Burton
Moffatt
Barnes (Alternate)
Howard
Burton
Moffatt /Barnes
CITY COUNCIL MINUTES
VOLUME 13
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League of CA Cities Committee on Economic
Development & Housing
Livermore-Amador Valley Transit Authority JPA
II U Ii II U U
Pleasanton City Liaison Committee
San Ramon City Liaison Committee
Tassajara Valley GPA/EIR Committee
Transportation Committee 1-580/Hwy 84/ Altamont
Tri-Valley Affordable Housing Committee
II
II
II
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Tri-Valley Transportation Council
II
II
II
Zone 7 Liaison Committee
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Moffatt
Burton/Moffatt
Howard (Alternate)
Houston/Moffatt
Houston/Burton
Houston
Moffatt
Barnes
Burton (Alternate)
Houston
Barnes (Alternate)
Barnes/ Moffatt
Following discussion, Mayor Houston declared the list finalized.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the
Council confirmed the appointment's list.
****
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 December 12, 1994;
Approved the City's continued participation in the NORCAL Employment Relations
Training Consortium and authorized the City Manager to execute the agreement
( 600-30) ;
Approved the parade route for the St. Patrick's Day parade (950-40); approved the
location of the community celebration; and adopted
RESOLUTION NO. 123 - 94
SUPPORTING
THE 1995 ST. PATRICK'S DAY CELEBRATION
Approved the Warrant Register in the amount of $267,084.52 (300-40).
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CITY COUNCIL MINUTES
VOLUME 13
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DECEMBER 27,1994 ":".
REGULAR MEETING
Page 373
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NOISE MITIGATION FEE ORDINANCE (390-20)
Mayor Houston opened the public hearing.
City Attorney Silver presented the Staff Report and advised that one of the mitigation
measures required as part of the adoption of the Eastern Dublin General Plan
Amendment and Specific Plan Environmental Impact Report was that the City should
develop a noise mitigation fee to pay for mitigation measures such as noise barriers,
earthen berms or retrofitting existing structures with sound-related windows. Adoption
of this enabling ordinance is not subject to CEQA. Government Code Section 65913.2
requires the Council to consider the effect of an ordinance such as this with respect to
the housing needs of the region in which the City is located. The City would have to
refrain from imposing regulations which would make housing infeasible for any segment
of the community. This ordinance would not make housing infeasible for any segment
of the community because it is necessary to allow development to occur. This
ordinance will have a beneficial effect on the housing needs of the region and it will
help the City to meet the ABAG projected housing need in Dublin.
The ordinance is the first step. It is an implementing ordinance which, if adopted, will
establish the mechanism for imposing a noise mitigation fee. No fees will be imposed
by the ordinance.
Ms. Silver stated the cost of preparing the Noise Mitigation Fee Ordinance can be
recovered from property owners applying for approval of development in Eastern
Dublin.
Cm. Burton asked if this was a new concept. He was concerned about how we will be
able to provide affordable housing.
Cm. Moffatt asked if a developer could mitigate by putting in soundwalls or something
like this.
Ms. Silver stated yes, they would have an option of putting in some of these measures
rather than paying the fee.
No testimony was presented by any member of the public relative to this issue.
Mayor Houston closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by majority vote, the Council
waived the reading and INTRODUCED the Ordinance. Cm. Howard abstained as she
had not had a chance to review the Staff Report on this item.
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VOLUME 13
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DECEMBER 27,1994 -:-.
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EASTERN DUBLIN TRAFFIC IMPACT FEE/AREA OF BENEFIT FEE (390-20)
Mayor Houston opened the public hearing.
Public Works Director Thompson advised that a lot of written comments had been
received on this item, some of which were included in the packets. Some fairly thick
ones were received late last week and today and Staff had not had time to
adequately respond to all the comments. Because of this, Staff recommended that
the Council take public testimony this evening and then continue the hearing until
January 9, 1995. At that time, Staff will make a full presentation and attempt to answer
all the questions that have been received.
Carolyn Morgan read a statement from residents of Doolan Canyon, liTo the Dublin City
Council: Even though Doolan Canyon is being excluded from traffic impact fees and
area of benefit fees, we believe that any fees being imposed on any landowners who
are outside the annexation area is in violation of Dublin's General Plan. Dublin's
General Plan states that development will pay its own way. Only landowners who are
in the annexation area will be allowed to develop. This development will be the cause
for new roads being needed. Landowners who can develop should bare the costs for
all the roads they need. Why should landowners outside the annexation area pay fees
to benefit landowners who can develop? Landowners outside the annexation area do
not need new roads. Be consistent with your General Plan. Make development pay its
own way. Thank you for this chance to speak. The Pattersons, 5661 Doolan Canyon,
The Foscalinas, 5200 Doolan Canyon, The Morgans, 5184 Doolan Canyon, The Akins,
5111 Doolan Canyon, The Steffens, 5033 Doolan Canyon, The Ogelvies, 5360 Doolan
Canyon." The letter was not signed.
City Attorney Silver advised that if the fee is adopted, the fee can only be imposed by
the City on properties within the City limits. The fee would not be effective in areas not
within the City. When those areas come into the City, it would then become effective.
Right now, for example, part of the area within the Eastern Dublin Specific Plan area,
the County-owned property, is within the City, so if the fee were adopted now, it would
be effective and applicable to development on the County property because it is
within the City. It would not be effective in any other area within the eastern Dublin
area, When the proposed 1,500 acres are annexed to the City, then the fee would be
applicable to those 1,500 acres. Then when property to the east of that is annexed, it
would be applicable there.
Ms. Morgan stated the letter she received in the mail stated that the fee would be
imposed on all areas within the Eastern Dublin General Plan with the exception of
future study area, so that meant lands outside of the annexation area.
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Ms. Silver stated the fee will only be imposed when an applicant comes to the City and
seeks a building permit, and no one is going to come to the City to request a building
permit until the property is within the City limits. She stated Staff would try to clarify this
issue in the Staff Report at the next meeting.
City Manager Ambrose advised that the City had to send notice to everybody that was
within 300 feet of the area, so there were a lot of people that got notices in both
Pleasanton and surrounding areas who aren't directly affected.
Ms. Morgan stated the notice she received did not state this.
Mr. Ambrose advised that Staff would prepare and send out another notice to make
certain this is clear.
Cm. Burton made a motion to continue the public hearing.
Mayor Houston announced that the public hearing was continued to January 9,1995.
* * * *
AWARD OF BID CONTRACT 94-04A - DOUGHERTY ROAD IMPROVEMENTS (600-30)
Public Works Director Thompson stated on this project, the low bid received exceeds
funds budgeted for construction. The project will add a traffic signal at the Dougherty
Road/Sierra Lane intersection and construct median and channelization improvements
on Dougherty Road between Sierra Lane and Dublin Boulevard. A large portion of the
construction cost of this project is being funded by a FederallSTEA grant. which was
obtained in Fiscal Year 1993-94. Caltrans has reviewed the proposal submitted by the
low bidder, Grade-Tech, Inc., and has given concurrence to award the project.
Cm. Burton asked the location of where the City entrance signs would be. He found it
interesting that the extra paving was about twice the amount that Staff estimated in all
the bids. He asked for an explanation.
Mr. Thompson stated the entrance sign would be about halfway between Dublin
Boulevard and Sierra Lane.
Mr. Thompson stated they talked with the contractors and they basically said costs
were greater because it was such a small job and they would have to come in with
back hoes and small equipment, plus the fact that there is a lot of traffic control
needed there.
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Mr. Ambrose advised that the City had a fairly favorable year-end balance in its Gas
Tax fund. Secondly, Dougherty Road doesn't present the most positive image for our
City. This would be the first step toward cleaning that up. If we put dirt in there, there
will be more maintenance responsibility.
em. Burton stated he was not impressed with paving stones and would like to see the
City leave this off and cut down the total amount. We should not spend this on paving
stones. He felt we could do better sometime down the line.
Cm. Barnes pointed out that it will cost us more down line as the job already is small.
Mayor Houston stated this area of town looks terrible and we should do whatever we
can to upgrade it. When he was walking during the campaign, he discovered that
there is really an image problem out there. We have unallocated gas reserves that
can be used.
Cm. Moffatt asked if recycled materials would be used.
Mr. Thompson stated yes, this had been figured in.
On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the
Council adopted
RESOLUTION NO. 124 - 94
AWARDING CONTRACT 94-04A
DOUBHERTY ROAD/SIERRA LANE IMPROVEMENTS TO
GRADE-TECH, INC. ($273,573.50 Including Two Alternates)
and approved a budget change form in the amount of $35,252 to provide for
construction of base bid and alternate items ($14,238 will be transferred from projects
that came in under budget earlier this year, and $21,014 will come from unallocated
Gas Tax reserves).
****
AWARD OF BID CONTRACT 94-07 - HERITAGE CENTER RENOVATION (600-30)
Parks & Community Services Director Lowart presented the Staff Report and advised
that 4 bids were received for the Heritage Center Renovation project. The low bidder
was Skyline Construction, with a base bid of $168,500 and deductive alternates totaling
$10,800. The base bid exceeds the available budget by approximately $18,107,
however, if the bid alternates are deducted, the shortfall is reduced to $7,307. This
amount does not include a contingency for change orders.
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Ms. Lowart discussed eliminating various alternates and the cost savings that would be
realized.
Ms. Lowart stated although the City Council has requested that consideration be given
to having volunteers complete portions of the project, to date, volunteer labor has not
been forthcoming. Staff also expressed concerns about volunteers taking on several of
the alternates due to the technical nature of the work involved. Additionally, the City
could be placing itself at some risk if volunteers were involved in lead abatement.
Cm. Moffatt asked if we had received the Measure AA money yet or if it was still with
the East Bay Regional Park District.
Ms. Lowart advised that we requested a 10% advance which is allowable under the
guidelines of the grant program and the remainder is on a reimbursement basis.
Cm. Moffatt asked where the interest is going on this money.
Mr. Rankin stated the East Bay Regional Park District has the biggest bureaucracy and it
takes forever to get funds released from them.
The endowment fund was discussed for maintenance of the cemetery. These funds
cannot be used for the renovation.
John Merz, the second low bidder on the project, addressed the Council and stated if
they take into account the deduct items, then he would be low bidder. He requested
that the Council consider the savings that would be realized by eliminating the options
and awarding the bid to his company.
Cm. Moffatt stated his understanding of the volunteers was that it was to be prison
guards volunteering their time to paint.
Ms. Lowart stated she was advised that they only do one project at a time and they are
now working on the DSRSD building relocation out to the prison grounds. It has been
determined that there is lead in the paint and the lead has to be abated before it can
be painted, so this is something we may not want volunteers to do.
Cm. Burton discussed the engineer's estimate compared to the base bids submitted on
Alternate #4.
Mr. Merz stated they felt this was a very labor intense job and was worth more money
than the engineers estimated.
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Mayor Houston noted that the base bids were very similar and aside from the dollars, he
asked if other criterion was used to choose.
Ms. Lowart stated as a public contract, we are required to go with the lowest
responsible bidder.
Mayor Houston stated he felt it was good to go with the full scope of work.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the
Council adopted
RESOLUTION NO. 125 - 94
AWARDING CONTRACT 94-07
HERITAGE CENTER RENOVATION
TO SKYLINE CONSTRUCTION ($168,500)
approved the Budget Change Form and authorized the Mayor to execute the
agreement.
****
REQUEST TO SUBMIT FEDERAL GRANT PROPOSAL FOR COPS FAST PROGRAM (580-40)
Police Chief Rose stated the Federal Government has authorized up to $165 million in
grants to be made to state, local and other public law enforcement agencies which
serve populations under 50,000. The grant will pay 75% of the salary and benefits, up to
a total of $75,000 spread over 3 years. The remaining costs must be picked up by the
City. Over the 3 year period covered by the grant, these additional costs are estimated
to be $156,000.
Chief Rose stated if the City is awarded the grant position request, a plan would have
to be developed to utilize the position in some form of community based policing
program. If the City is awarded the grant. the Alameda County Sheriff's Department
has agreed to amend the existing contract, certifying that the Sheriff's Department
meets and complies with all Federal legal requirements regarding any personnel
employed with grant funds.
Chief Rose advised that at this time, all the requirements to receive this grant are
unknown, however, there is a December 31, 1994 deadline for filing the application.
Cm. Moffatt asked if this was the same program that he brought information back on
from the League conference in Long Beach.
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Chief Rose stated there has been so much information on this as part of the Crime Bill
that he wasn't sure.
Cm. Burton stated he felt this was just another suction program and he would not
support it.
On motion of Cm. Moffatt, seconded by Cm. Barnes, and by majority vote, the Council
authorized Staff to submit the grant application. Cm. Burton voted against this motion.
****
Mr. Ambrose stated he had received a call from the School Superintendent who
suggested two dates for a liaison committee meeting; January 11 th or 18th at 3:00 p.m.
Mayor Houston and Cm. Burton checked their schedules and determined that January
18th would work best.
Mr. Ambrose stated the location would be determined and an agenda will need to be
put together.
****
Council Committee Assiqnments (110-30)
Mr. Ambrose discussed several committee assignments that Mayor Houston had left off
his list. These were agreed upon and added to the list.
****
Comments from Cm. Barnes re Orientation (610-05)
Cm. Barnes stated she wished to thank Mr. Ambrose and his Staff for the great
orientation session they put together for her.
* * * *
Commission/Committee Apoointments by Mayor (110-30)
Mayor Houston stated with regard to his appointments to the Commissions, he will be
putting this on the January 9, 1995 agenda. Hopefully, the people he's appointing will
be there and resumes will be distributed.
****
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City Council Meetina Starting Time (610-20)
Mayor Houston stated he would like to revisit the issue of starting the Council meetings
at 6:30 p.m., and requested that this item be placed on a future agenda.
****
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 11 :45 p.m.
****
Mayor
ATTEST:
City Clerk
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