MINUTES OJAI CITY COUNCIL AND OJAI REDEVELOPMENT AGENCY SUCCESSOR AGENCY REGULAR MEETING 7:00 P.M. APRIL 26, 2016 COUNCIL CHAMBERS, OJAI CITY HALL 401 S. VENTURA STREET — OJAI, CA ROLL CALL Mayor Blatz called the regular meeting of the Ojai City Council to order on Tuesday, April 26, 2016, at 7:00 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura St., Ojai, California. On the call of the roll the following Council Members reported present: Paul Blatz, Betsy Clapp, Randy Haney, Severo Lara and William Weirick. Also present were: Interim City Manager Steve McClary, City Attorney Matthew Summers, Police Chief Dave Kenney and Senior Planning/Building Technician Shari Herbruck. ABSENCES — None. PLEDGE OF ALLEGIANCE — Council Member Lara. PRESENTATIONS Proclamation for the Lavender Festival was presented by Mayor Blatz for the annual event to be held on June 25, 2016, and proclaiming the month of June, 2016, as lavender month. Neil Fredrickson, director for the Ojai Valley Lavender Festival, was present to accept the proclamation. Lifetime Achievement in the Arts Award: Mayor Blatz presented Linda Taylor with the Lifetime Achievement in the Arts Award. Michael Addison, Vice Chair of the Ojai Arts Commission, spoke of how deserving Linda was for this award. Linda Taylor graciously accepted the award and expressed her appreciation to the community for the support that they lend to the arts in Ojai. Speakers who congratulated Linda included Hank Bangser, Superintendent of Ojai School District, Rickey Horne, and Gayel Childress.

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PUBLIC COMMUNICATIONS Reese Lamar, Ojai, expressed concern about the California Department of Food and Agriculture's official notices regarding pesticide application for the Asian citrus psyllid. She stated that the notice she received was not clear regarding the health risks or the ability to opt-out. She researched the issue and wanted to inform Council and the public that to opt-out of the pesticide application the public can call 800-491-1899. Mayor pro-tem Weirick asked staff to have the opt-out phone number put on the City's website.

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Norm Plott, Division Fire Chief introduced Chief Barry Parker, the Department's new battalion commander. He also announced there would be a wild land fire safety program at Sarazotti Park on Saturday, April 30. Glen Perry, Ojai, addressed the council on the issues of the decline in the honey bee population in the Ojai Valley which is, in part, due to the use of pyrethrins which are applied to plants to kill pests. Because of the manner of application, the pesticides are also absorbed through the soil so it becomes part of the plant for 1-4 years. Janet Cull, Ojai, addressed the Council with respect to the ban on short term rentals. She reminded Council that there is a petition being circulated by Chris Gardner to legalize short term rentals in Ojai, including in residential areas. She stated that short term rentals are businesses and should not be permitted in residential zones. She further stated that a simple solution to the issue would be to grandfather in Chris Gardner as he has already been given a business license whether in error or not, and permit short term rentals in mixed use zones with proper registration. Further, she urged the Council to ban all other short term rentals in residential areas in Ojai and to enforce the ban. Deborah Moe, Ojai, spoke to how expensive it was to live in the Ojai valley and feels rental costs are out of control. She stated that young people who grew up in Ojai are no longer able to come back here to live due to the high rental costs. She also urged the Ojai police to utilize their blinkers as she has noticed that on occasions when she has been behind a police car, there has been no use of blinkers by the officer. Dennis Leary, stated that he recently viewed a couple of hours of an Building Appeals Board hearing and thought it was very interesting. Patty Pagaling, with transition-to-organcs.org,reiterated that there is an opt-out option with regard to the pesticide applications and the importance of protecting the Ojai valley. She shared a letter from a local grower, Jonathan Katz, urging a hold be put on area wide pesticide treatment plans, which calls for spraying all citrus in Ventura County three or more times per year, as the plan is poorly designed, a lack of evidence that plan will be successful. Steve Quilici, Building Appeals Board, updated the Council on the building appeal related to the notice and order of abatement and repair of the bowling alley property, and stated that the Appeals Board upheld the appeal and suspects that the City will refile on a different basis (i.e. under municipal rather than state law). Zephyr Madrone, Oak View, and expressed her shock at finding out at the Earth Day gathering the sad news regarding the spraying of pesticides. She expressed that insecticide spraying produces dire results to the people and she feels the people in the Ojai valley are uninformed regarding the issue of pesticide spraying and urged the Council to keep the public informed. She also stated that if a moratorium was not put into place, she would be moving from the valley as she would not risk getting ill again.

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REPORTS FROM COUNCIL MEMBERS Council Member Haney reported that interviews had been conducted for the ad-hoc Libbey Bowl Committee which consisted of interviewing 13 volunteer candidates and the four chosen were Brad Stuart, Linda Garabaldi, Mike Eckhart, and Mike Donahue. The committee plans to meet twice per month and meetings will be open to the public. Council Member Haney also reported that the Ventura County Council of Governments (VCOG) has 16 amendments coming down from the State which will impact Ojai and he requested input from his fellow Council Members as to those amendments.

CONSENT CALENDAR (Items 1a through 1f) Council Member Lara requested that Consent item (e) be pulled from the Consent Calendar for separate consideration 1. a) Waiver of Reading in Full of Any and All Ordinances Listed on this Agenda and Provide that they be Read by Title Only and Directing the Clerk to Assign an Ordinance Number Upon Successful Introduction.

b) 2015 Annual Audited Financial Statements RECOMMENDATION: Receive and file the fiscal year 2015 Audited Financial Statements for the City of Ojai. c) Extension of Vacation Cap for Interim City Manager RECOMMENDATION: Provide a temporary extension of the vacation cap for the interim city manager, from the current level of 270 hours to a maximum of 350 hours. d) Application for Federal Transit Administration (FTA) Section 5311 Funding for FY 2015/16 RECOMMENDATION: Adopt a resolution authorizing the City Manager to file an application for the Federal Transit Administration (FTA) Section 5311 Rural Transit Program claims for operating assistance for FY 2015/16 and for capital assistance for the purchase of replacement trolleys. f) Arcade Plaza Maintenance Assessment District Engineer's Report for FY 2016/17 Adopt resolutions which: RECOMMENDATION: (a) Approve the Engineer's Report for the Plaza Maintenance District; and (b) Declare Council's intent to levy and collect assessments for the Plaza Maintenance Assessment District for FY 2016/17; and (c) Set June 14, 2016 at 7 p.m. for a Public Hearing to receive public comment relative to the setting of assessments.

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MOTION: It was moved by Mayor pro tern Weirick, seconded by Council Member Haney to approve the Consent Calendar, as to items 1(a) — (d) and (f) as presented. On roll call the vote was: Blatz, Clapp, Haney, Lara, Weirick AYES: None NOES: ABSENT: None ABSTAIN: None 1e)Traffic Engineering Agreement and Request for Proposals for Civil Engineering Services RECOMMENDATIONS: 1. Authorize the Public Works Director to request proposals for Civil Engineering Services for the Public Works Department; and 2. Authorize the City Manager to approve a three-year contract with Traffex Engineering in an amount not to exceed $10,000 per year, with allowance for two one-year extensions. In response to a question from Council Member Lara, Greg Grant, Public Works Director, explained that the items were separate as although some of the civil engineering firms have traffic engineers on staff, this request was to have a traffic engineer for certain requests the City receives. Council Member Haney questioned whether or not the traffic engineer could also look at the varying speed limits throughout the City of Ojai and maybe come up with a more consistent speed limit as it seems to vary considerably. Mr. Grant stated that City's often vary the speed limit within certain residential boundaries. Mr. Grant further stated that he had been contacted by Traffex Engineering and they apologized profusely but are going to be unable to provide services as requested due to other current projects. He suggested that the second part of the request be changed to authorize the City Manager to enter into a contract with a different traffic engineering firm. It was moved by Council Member Lara, seconded by Council Member Haney, to approve authorizing the Public Works Director to request proposals for Civil Engineering Services for the Public Works Department; and to Authorize the City Manager to issue a request for proposal and approve a three-year contract with a traffic engineering firm in an amount not to exceed $10,000 per year, with allowance for two one-year extensions. On roll call the vote was: Blatz, Clapp, Haney, Lara, Weirick AYES: None NOES: ABSENT: None ABSTAIN: None PUBLIC HEARING — NONE

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DISCUSSION ITEMS 2. Ojai Valley Basin Boundary Modification — Opportunity to Comment RECOMMENDATION: Discussion and determine what comments, if any, should be filed in response to the Ojai Valley Basin Modification request and direct staff to file comments as appropriate. Interim City Manager Steve McClary addressed Council and stated that the City had recently received a letter from the Ojai Basin Groundwater Management Agency advising that they had filed a request with the Department of Water Resources for a boundary modification for the Ojai Valley. The 30 day public comment period began on April 7 so there is still time to file comments if Council so desired. Russ Baggerly, OBGMA, confirmed that the request for modification was being made based on newer scientific information regarding the geology of the aquifer. Mayor pro tern Weirick concurred with the suggestion by Council Member Lara to direct staff to send a letter of support with respect to the boundary modification being requested by the Ojai Basin Groundwater Management Agency. 3. REMOVED April 21, 2016 at 5:30 pm: Ad-Hoc Cultural Resources Committee Report 4. City of Oiai Crime Statistics for 2015 RECOMMENDATION: Receive and file the report presenting crime statistics for the year 2015. Captain David Kenney presented the crime statistics report explaining the breakdown in the offense category types (Part 1 and Part 2 criminal offenses.) Attachment A contains a three year comparison of Part 1 offenses which are considered to be the most serious which are further broken down to violent crimes against persons and against property. Ojai had a 30% decrease in violent crime against persons and a 45% degrees in violent property crime. This reflects the lowest crime rate in Ojai in over 25 years. Part 2 crimes also decreased. Captain Kenney went on to explain the additional attachments contained in the staff report. He noted there was an increase in parole and probation violation searches over the past year. In response to Mayor pro tem Weirick's question, Captain Kenney stated that most of the other surrounding cities have had an increase in crime rates. Mr. McClary thanked Captain Kenney for the Police Department's cooperation in working with staff and recognized that the police have made great efforts in keeping issues such as public drinking, etc. down in Libbey Park. Council thanked Captain Kenney. 5. Libbey Bowl Use Fee Waiver for Ojai Film Society Summer Film Series RECOMMENDATION: Determine whether to waive the fees for the proposed Ojai Film Society Summer Film Series, Martin Harris.

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Mr. McClary stated that the request from the Ojai Film Society was requesting a fee waiver for use of the Libbey Bowl for eight dates during the summer. Staff has collected a hold fee for the dates requested. The total amount of fees requested to be waived is $4,900. Marty Harris, President of the Ojai Film Society, addressed Council stating that Film Society has served the Valley since 1989. The closing of the local theater, however, severely affected the ability for the Film Society to raise operating funds and the Society must either raise operating funds or go dark. The Society feels that the existing venues they have been using simply do not generate enough income due to varying constraints such as size and projection costs. The use of Libbey Bowl for the summer film series should help generate much needed funds so that the Society can continue. He further stated that the Society desired to keep ticket prices affordable and in order to do so, they must sell approximately 500 tickets to break even. With the fee waiver, they would need 447 seats sold to break even. A discussion ensued regarding the fact that the Society was requesting use of Libbey Bowl on various Saturday evenings throughout the summer. Council Member Haney expressed some concern over the use of the Bowl on eight Saturdays during prime season. Mr. Harris expressed that the Society felt the consistency of having the films shown on Saturday night would benefit the Society although they have agreed to move one of the shows to a Friday evening instead. Randy Levitt, Ojai, stated that he felt the Film Festival is part of what makes Ojai such a special place and making it also affordable to attend was important and thought the use of Libbey Bowl for the Film Festival was a great idea. Council Member Clapp asked for the specific dates being requested. Mr. Harris confirmed that the average attendance at film events being held at Matilija School is approximately 100. She questioned which dates in August were being held for another non-profit group. Mayor Blatz stated that the item before Council was consideration of a few waiver and not a discussion regarding specific dates. Mayor Blatz commented that Council may want to consider, when looking at the issue of fee waivers, the amount of dates that one specific non-profit is using Libbey Bowl. Council Member Lara commented that he felt Council did not have criteria in place on which to evaluate granting of fee waivers and that Council should consider putting some criteria in place for such requests. Council Member Haney stated that the last fee waiver which came before Council was for a new event to Ojai for a pop music festival and it was for a one-time use of the Bowl. He is concerned about the current request that it is for a much longer period of time and suggested the Society explore some different days other than Saturdays for film festival dates. Mr. Harris stated that the Board for the Film Society wanted the showings to be done on Saturdays. Mr. McClary confirmed that Bowl reservations were done on a first come first serve basis and regardless of the issue of the fee waiver, the Film Society has a deposit on the dates requested. Mr. Summers stated that the Film Society would have to pay the use fee balance for the requested dates before those dates would be confirmed reserved for their use.

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It was moved by Council Member Lara, seconded by Mayor pro tem Weirick, to approve the Libbey Bowl fee waiver request for the proposed Ojai Film Society Summer Film Series. On roll call the vote was: AYES: Lara, Weirick NOES: Blatz, Haney, Clapp ABSENT: None ABSTAIN: None It was further moved by Council Member Lara, seconded by Mayor pro-tern Weirick, that staff be directed to agendize for a future meeting a policy discussion regarding criteria that Council should consider when fee waivers are requested for the use of Libby Bowl. Following further discussion Council Member Lara amended his motion to include a discussion of the Libbey Bowl reservation policy. Being duly seconded by Mayor pro-tem Weirick, on roll call the vote was: AYES: Blatz, Clapp, Haney, Lara, Weirick NOES: None ABSENT: None ABSTAIN: None 6. Designation of Voting Delegate for 2016 Southern California Association of Government (SCAG) General Assembly RECOMMENDATION: Designate a voting delegate for the 2016 Southern California Association of Government (SCAG) General Assembly. Mr. McClary stated that currently Council Member Lara is registered to attend the event. Mayor Blatz inquired if anyone It was moved by Mayor pro tern Weirick, seconded by Council Member Haney, to appoint Council Member Lara as the voting delegate for the 2016 Southern California Association of Government General Assembly. On roll call the vote was: AYES: Lara, Weirick, Blatz, Haney, Clapp NOES: None ABSENT: None ABSTAIN: None 7. Proposed Change to Allow Beekeeping in All Zones within the City of Ojai RECOMMENDATION: Discuss and determine whether to pursue a proposed change to allow beekeeping in all zones within the City of Ojai, and direct staff as appropriate. Mayor pro tem Weirick passed out a copy of a recent magazine article published by the National Wildlife Federation which has started a million pollinator garden challenge which is focused on helping to avoid the extinction of honeybees. Richard Kline, Ojai, stated in support of back yard bee keeping especially in light of

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the drought where water and pollen are in short supply and the environment in Ojai would be very beneficial to the bees. Garrett Clifford, Ojai, spoke to the issue of Africanized bees. He stated that the increased use of intelligent beekeepers would prevent any possibly Africanization of the bees raised. There has only been one death in California from Africanized bees. It is a matter of education beekeepers on identifying Africanized bees. Heather Gibbons, Ojai, manager of the Ojai Valley of the Moon Community Garden, and representing the Ojai Valley Green Coalition, spoke in support of allowing bee keeping. She also stated that her yard just got certified through the pollinator garden challenge that Mayor pro tern Weirick referred to earlier. She and the Coalition support the efforts and request of the Ojai Valley Bee Club and legalization of beekeeping in Ojai. Alicia Tharp, Ojai, stated that she recently moved to within the City limits and was not able to bring her bee hives with her. She stated that 30% of food crops are pollinated by bees, and 85% of flowering plants are reliant on pollinators. To insure the bees' survival beekeeping should be permitted in the City. Glenn Perry, Ojai, founder of the Ojai Valley Bee Club, stated that the California Department of Agriculture requirements include registration of all hives. He feels that beekeeping can bring great joy as demonstrated by the assisted living facility which had several hives on their grounds for about 7 years. The Bee Club is requesting Council approve the Club's recommendations which were modeled using the City of Santa Barbara's ordinance as a guide. Robert Meyer, Ojai, also spoke in support of bee keeping. He stated that until recently the Ojai Valley Bee Keeping Club was the only organized club in Ventura County. The Club is very active in helping and educating its members and the public. The Club was present at Ojai Day, Earth Day and the Lavender Festival. The Club also provides a free community service in assisting with relocating swarms or hives when requested by the public. He further explained how bees leave a hive and expressed that the 20 foot placement limitation seemed very reasonable. In response to a question from Mayor Blatz, Mr. Perry explained how honey bees feed, stating they are not random feeders. He also stated that it appears the Ojai Valley has had a large decrease in the number of bees and feels it would be a marked success to just maintain the level of bees in the area. Council Member questioned whether registration of the hives should also be with the City in addition to the County and also asked about the location of hives near schools. Mayor pro tem Weirick stated that urban beekeeping has become recognized for bee survival. Hearing consensus from Council, Mayor Blatz directed staff to draft a proposed Ordinance for introduction before the Council. Mr. Summers clarified that the term

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sheet contemplated the Ordinance would be brought under Title 4 of the Municipal Code, and Council confirmed that the draft ordinance should be brought under Title 4. 8. Potential Skin Code Revisions in Response to Reed v. Town of Gilbert RECOMMENDATIONS: 1. Receive a report on the Supreme Court's sign ordinance decision, Reed v. Town of Gilbert, and implications for Ojai. 2. Provide direction to City Attorney and staff for any desired changes to the Sign Ordinance, to be drafted for consideration and presented to the Planning Commission and Council. Mr. Summers stated that the sign ordinance is currently part of the zoning code. He went on to explain the Supreme Court's ruling in 2015 in the Reed v. Town of Gilbert case noting that although the case was a unanimous decision, the Justices were divided as to the reasons underlying the decision. Mr. Summers stated that his report to Council suggested three options regarding revising the sign ordinance to comply with the opinion in the Reed case. He further suggested that once given direction, he could draft a term sheet to be brought before council so that public input could be obtained prior to the drafting of the actual ordinance. Mayor pro tern Weirick stated that the City's sign ordinance is very convoluted and felt that option 3 was a logical approach so that the sign ordinance would be collapsed down into something more sensible. Council Member Lara agreed with the comments by Mayor pro tem Weirick. Mayor Blatz concurred it was a good time to revamp the current sign ordinance. Council gave direction to Mr. Summers to work with his proposed Option 3 and bring forward a term sheet for a complete revamp of the sign ordinance which responds to the opinion set forth in Reed v. Town of Gilbert, and modernizing the rest of the sign ordinance. 9. Review and Discussion of the City's Annual Housing Element Progress Reports for Cycle 5 Reporting Periods 2014 and 2015 RECOMMENDATIONS: 1. Take public comment on the Reports; and 2. Direct staff to file the 2014 Reports and the 2015 amended Report with Office of Planning and Research (OPR) the Department of Housing and Community Development (HCD). Interim City Manager Steve McClary presented the report and stated that staff is working on completing the reports for earlier prior years which will be presented to Council at a later date. Mayor pro tern Weirick stated that it was his recollection that the Community Development Director was to sign the staff report. He also pointed out that the staff report which indicates that staff discovered the report had not been timely filed with

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HCD should be corrected to indicate that the failure to submit the report was due to Council oversight. He also pointed out a math error on the last page of the staff report. Ms. Wold addressed Council and explained the various income categories contained in the report. Mayor pro tern Weirick commented on the reports requesting that review of conforming units assigned to Planning Commission be added as part of program 3, and add reference to OBGMA in additional to Caltrans and Ojai Water and Sanitary District (page 6 of program 17) as part of the resource constraint agencies that the City is working with. Mayor pro tern Weirick also raised the issue that a major impediment to the conforming and non-conforming second unit programs is the Sanitary District's capacity use charges. Part of the City's responsibility in the housing element is to identify and address unnecessary impediments. He requested Council's input on whether Council should initiated a discussion with the Sanitary District on this issue. Council Member Lara concurred with the suggestion by Mayor pro tern Weirick to initiate a discussion with the Sanitary District open to public comment. Council Member Haney suggested possibly doing a joint session between City Council and the Sanitary District. It was moved by Mayor pro tern Weirick, seconded by Council Member Lara, to approve and direct staff to file the 2014 Reports and the 2015 amended Report with Office of Planning and Research (OPR) the Department of Housing and Community Development (HCD), including the additional amendments raised by Mayor pro tem Weirick. On roll call the vote was: Lara, Weirick, Blatz, Haney, Clapp AYES: None NOES: ABSENT: None ABSTAIN: None

The regular meeting of the Ojai City Council was recessed and the regular Ojai Redevelopment Successor Agency meeting convened. Ojai Redevelopment Successor Agency (RDSA) CONSENT CALENDAR None. DISCUSSION ITEMS - None. The regular meeting of the Ojai Redevelopment Successor Agency meeting was adjourned and the regular meeting of the Ojai City Council reconvened. ORAL REPORT(S) FROM CITY MANAGER Interim City Manager Steve McClary reported that the City had received a letter from

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Ryan Blatz Law giving an update regarding the request to the California Public Utilities Commission to investigate the flooding of the Ojai Playhouse. Mr. Blatz's letter indicates he has been working with local businesses that were affected and currently has 8 groups that will be providing supporting letters for the request to CPUC. It appears at this time that the filing of a formal complaint with the CPUC would be the most appropriate procedure to follow. Mr. McClary also stated that he is in the final stages of having the background check completed for the new Records Manager candidate. He also reminded Council that as City Clerk Rhonda Basore retired on April 24, Council has 60 days to appoint a City Clerk to the vacant position for what would have been Ms. Basore's remaining term. Mr. Summers confirmed that instead of an appointment, the City could call a special election but that is not recommended as it would be held the same day as the next regular election in November which is when Ms. Basore's term would have expired. He suggested that Council consider an appointment to fill the vacancy. Mayor Blatz stated that he has been working with Mr. McClary with regard to filling the position of Records Manager as Ms. Basore held the position of Records Manager as well as City Clerk. He suggested that a recommendation regarding appointment of a new City Clerk be done after completion of the hiring of the Records Manager. Mayor Blatz stated that the position of City Clerk is very important. Council Member Lara agreed to assist in conducting the interviews for the City Clerk position with Mayor Blatz. Staff confirmed that there were also two current vacancies on the Planning Commission and Mayor pro tern Weirick expressed that he would like to see the vacancies advertised soon so that replacement commissioners could be appointed to alleviate any issues with quorum issues. CLOSED SESSION None. ADJOURNMENT — Mayor Blatz adjourned the meeting at 9:25 p.m. ffully su[mitt : C eryl Shaw, ecor s Manager

Paul Blatz, Mayor

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