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39 <br /> <br /> It was moved by Mr. Butler, and seconded by Ms. Mohr, that <br /> Resolution No. 91-162 be adopted, appointing Dr. Donald Rice to <br /> fill the vacancy on the Performing Arts Center Committee. <br /> The roll call vote was as follows: <br /> AYES: Councilmembers Butler, Mohr, Scribner, Tarver and Mayor <br /> Mercer <br /> NOES: None <br /> ABSENT: None <br /> ABSTAIN: None <br /> <br /> Ms. Mohr indicated that she had received a phone call in <br /> regards to the motor vehicle accident which recently occurred on <br /> the old spur line right-of-way between Charter Oaks and the old <br />DeVor Subdivision. Young adults have been using that area as a <br />dragstrip for some time now and even though the road itself is not <br />City owned property, the access to it is off a city street. She <br />would like staff to look into putting up some kind of barricade <br />that would keep youngsters from driving motor vehicles back there. <br /> <br /> 9. CITY COUNCIL COMMITTEE REPORTS <br /> <br /> No action was required or taken by the Council on this item. <br /> <br /> 10. MATTERS CONTINUED FOR DECISION <br />Item 10a <br />Draft Pre-Annexation Agreement for Ruby Hill; Consideration of Pre- <br />annexation agreement for a proposed 1300 acre mixed use project <br />including 850 homes, wineries, and vineyards located north of <br />Vineyard Avenue and east of Isabel Avenue. (SR 91:91:303) <br /> <br /> Mr. Mercer opened the discussion to the applicant, Signature <br />Properties and its representative, Jim McKeehan. <br /> <br /> Mr. McKeehan's only comments regarding the pre-annexation <br />agreement were the changes that have been made through staff in <br />relation to the water service. A modification to the language has <br />been made which is acceptable to Signature. <br /> <br /> Mr. Mercer inquired as to the situation involving the <br />Signature meetings with the City of Livermore. <br /> <br /> Mr. McKeehan indicated that those meetings have taken place <br />and are continuing, in an effort to resolve the litigation. It is <br />the opinion of Signature Properties that tonight's action will not <br />impair the ability of either party to reach an agreement if there <br />is an agreement to be reached. <br /> <br /> Ms. Mohr asked that a comment be made on the clause regarding <br />the water rationing that was added to the Agreement. <br /> <br />9-17-91 9 <br /> <br /> <br />