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The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, Mercer, and Mayor Philcox NOES: Councilmember LeClaire ABSENT: None DISCUSSION RE: LAVWMA REFERENDUM PETITION Mr. Brown stated that the Registrar of Voters of Alameda County had completed a random sampling of the signatures on the Referendum Petition and had certified that there were sufficient valid signatures to indicate that it was a valid Petition. By a random sampling system authorized by law it was determined that approximately 86.2% of the signatures on the Petition were valid. Mr. Brown presented a statement from the Pleasanton-Livermore-Dublin Democratic Club, dated July 21, 1977, supporting the right of any group to appeal to the voters the actions of the City Council, and urging the Council to accept the recent CARD Referendum and refer the entire question of amendment to the LAVWMA Joint Powers Agreement to the Pleasanton electorate . Mr. Scheidig reviewed the background of City Council actions regarding the LAVWMA Joint Powers Agreement, discussed whether the subject was proper for referendum, and set f~the ramifications of placing this matter on the Ballot or not placing it on the Ballot. Mr. Scheidig advised that only legislati~ actions taken by the City Council are referendable; administrative actions are not subject to the referendum process. Based upon the aforementioned history it was the City Attorney's opinion that the Council's action in adopting Reso- lution No. 77-156, or any part of that Resolution, was administrative and not legislative, and thus not subject to the referendum process. Mayor Philcox then addressed the audience and indicated that anyone desiring to speak on this matter would be heard. Mr. Dale Turner, Councilman from City of Livermore and Chairman of LAVWMA, reviewed the time and money expended thusfar on the LAVWMA project, and urged Pleasanton City Council to deny the petition and to meet the September 30th deadline for grant funding in order to solve the sewer problems in the Valley. He indicated that the City of Livermore and V.C.S.D. would seek action against the City of Pleasanton if Federal and State money for this project was lost due to the Referendum Petition, especially since the City Attorney ruled that the Petition attempts to referendum an administrative determination. Mr. Wallace Ho Mayer, Jr., 2780 Willowten Way, representing himself, stated he felt the people should have the right to vote on the Boehmer Summit pipeline of 15.62 mgd, and that it should be placed on the Ballot. Mr. Ray E. Kidder, 637 East Angela Street, representing CARD, reviewed six points spelling out the nature and purpose of the CARD Referendum which had previously been presented to Council, and listed options available to Council regarding the pipeline's location. Mr. Kidder read an Editorial from the Independent dated July 25, 1977, entitled "Referendum Reckoning" and urging Council to accept the CARD Committee's Referendum to put the wastewater pipe- line on the Ballot. Mr. Kidder concluded by stating he felt the citizens should have the r~ght to vote on this matter. Discussion ensued regarding the specific wording on the Referendum Petition and its intent. 4. 7/25/77