HomeMy WebLinkAbout4.01 Draft Minutes 03-19-2002REGULAR MEETING- March 19, 2002
CLOSED SESSION
A closed session was held at 6:30 p.m., regarding:
1. Public Employee Performance Evaluation (Government Code Section 54957) Title:
City Attorney
Conference with Legal Counsel:
Z Existing Litigation (Government Code Section 54956.9(a); Name of Case: City of
Dublin v. Dublin Land Co., et al. Alameda Superior Court Case No. V-OlSfO0-2
3. Existing Litigation (Government Code Section 54956.9(a); Name of Case: Lockhart v.
City of Dublin, Alameda Superior Court Case No. V-018362-8
4. Existing Litigation (Government Code Section 54956.9(a); Name of Case: Pritchard v.
City of Dublin, Alameda County Superior Court Case No. V-018364-6
5. Existing Litigation (Government Code Section 54956.9(a); Name of Case: Goodland
Landscaping Claims Under the Emerald Glen Park Phase I Project Claim
A regular meeting of the Dublin City Council was held on Tuesday, March 19, 2002, in
the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:00 p.m. by Mayor Lockhart.
ROLL CALL
PRESENT:
ABSENT:
Councilmembers McCormick, Oravetz, Zika, and Mayor Lockhart.
None.
PLEDGE OF ALLEGIANCE
Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the
flag.
REPORT ON CLOSED SESSION ACTION
Mayor Lockhart announced that the City Council would continue with the Closed Session
meeting after the end of the regular meeting.
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CERTIFICATES OF RECOGNITION
7:01 p.m. 5.1 (610~50)
Mayor Lockhart presented Certificates of Recognition to the Monarch Hotel and
AmeriSuites Hotel, thanking them for their hospitality during the week of March 1,
2002. Both of the hotels hosted New York Firefighter Richard Dore, and his guest Lori
Guisto, for two nights each during their visit to Dublin. Mr. Dore felt very well taken
care of.
PRESENTATION BY VALLEY CHILDREN'S MUSEUM
7:02 p.m. 3.2 (900~50)
Dina Visuri, President of the Board of Directors for Valley Children's Museum, indicated
that the Valley Children's Museum is bringing a non~profit, interactive, hands-on family
venue to the region, and updated Council as to their recent progress. They hope to open
the new facility in the next 2 ~ 5 three years. In the meantime, they have traveling
exhibits and participated in the "Day on the Glen" and St. Patrick's Day festivals.
Although housed in San Ramon, it will be a regional museum. She asked for City Council
help to get the word out to constituents, and suggested a link to Dublin's website or
advertising in the community guide. She invited Council to visit their website at
www.valleychildrensmuseum.org
Janet Fasulkey, 7776 Topaz Circle, as a citizen and a Heritage & Cultural Arts
Commissioner, asked the Council to reconsider the Downtown monument sign, which
the Council approved at the March 5, 2002, meeting. She felt that approving a
monument that resembles public art, that may or may not be aesthetically pleasing, is
asking for controversy. She felt that the approved sign was inappropriate and out of
character with existing and future streetscape elements. She quoted Judy Lussie, resident
and H&CA Commissioner, "I think Dublin should learn from both Castro Valley and
Santa Cruz. A welcome sign to the City is appropriate; however, when it masquerades as
art, especially as a monument, that is another matter. Neither Castro Valley nor Santa
Cruz citizens liked the result of graphic signage as art. And, after huge monetary
investments, both had to dismantle their signs. We need to save the taxpayers of Dublin
a duplicate experience of spending waste." She asked the Council to reconsider the
design and ask for help from the City Commissions, talk to the citizens, and slow down
with the implementation of this expensive project.
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David Haubert, 4886 Redwood Avenue, reported on the status of the Friends of Dublin's
opposition to the proposed Juvenile Justice Facility, indicated a breakthrough by bringing
Sybase aboard. He extended continued support to the City Council in its negotiation with
the County and encouraged the Council to continue to vigorously oppose the project.
Regarding affordable housing, he commented that, because of its controversy, we need to
have more public hearings with more notice and a better visioning process.
Elpi Abulenica, 5556 Linden Street, congratulated Tim Sbranti on winning the Council
seat. He has three issues: affordable housing, the proposed youth detention center, and
the budget process. He expressed concern about reported affordable housing being built
near Dublin Ranch. He asked for an update on the proposed juvenile hall and the
direction of the City Council. Lastly, he expressed concern about news reports of the
City's surplus being eaten away. He asked if the budget process was open to the public
and offered his expertise in helping the City balance its budget.
Tim Sbranti, 5194 Topsham Court, expressed his gratitude to the citizens of Dublin for
electing him as a Councilmember. He is looking forward to being sworn in on April
and working with City Staff.
Gabriel Navarrete, Corporate Senior Director of Security for Sybase, indicated that he was
here to communicate the concerns of their executive leadership team, as well as the
employees in the new corporate headquarters. He indicated that they are opposed to the
youth detention center and commented that Sybase was committed to promoting and
giving an undisclosed amount of financial resource in the campaign against the youth
detention center. Further information can be obtained from their public relations
department.
Mayor Lockhart responded to Mr. Abulenica's concerns regarding an update on the
proposed juvenile justice facility, indicating that the Council will have many
opportunities to comment on the plan; however, we are waiting for the County to submit
plans for review. We need to study the plans before we can comment or challenge their
project. The City hasn't forgotten the issue; the ball in is the County's court. Regarding
the budget process, she indicated that it is a very open process in our community. There
will be a budget study session in conjunction with our Goals & Objectives meeting on
April 3~a at ¢:00 p.m., which the public is welcome to attend.
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City Manager Richard Ambrose cleared up a misunderstanding about a recent newspaper
article. Our budget surplus was not being eaten away; there was a surplus projected for
the end of the year that was not realized. Existing surplus was not affected.
Mayor Lockhart referred to.Mr. Abulenica's comments regarding affordable housing, and
indicated that this issue is not the burden of any one neighborhood. Affordable housing
is not optional; it is mandated. Dublin is doing its best to work with developers, existing
businesses and non-profits to make sure the affordable housing will benefit the
community.
CONSENT CALENDAR
7:24 p.m. Items 4.1 through 4.9
Mayor Lockhart pulled Items 4.2, 4.4, and 4.8 for further discussion.
On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote, the
Council took the following actions:
Approved (4.1) MinUtes of Regular Meeting of March 5, 2002;
Adopted (4.3 600~30)
RESOLUTION NO. 30- 02
APPROVING AGREEMENT WITH ROBERT GRAY AND ASSOCIATES FOR CONSULTING
SERVICES FOR ELECTRICAL DESIGN AND CONSULTING SERVICES FOR FREEWAY
UNDERPASS ART PROJECT
Adopted (4.5
410-50/600-60)
RESOLUTION 31 - Og
APPROVAL OF FINAL MASTER MAP FOR TRACT 7253
(AREA A, DUBLIN RANCH)
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Adopted (4.6 600-60)
RESOLUTION 32 - 02
APPROVING FINAL MAP FOR TRACT 7136
(DUBLIN RANCH AREA A, NEIGHBORHOOD A~ 1, TOLL BROTHERS)
Received (4.7 330~50) Financial Reports for the Month of February 2002;
Approved (4.9 300~40) the Warrant Register in the amount of $3,250,209.76.
Mayor Ix~ckhart pulled Item 4.2 related to an amendment to a construction truck access
agreement with Windemere BLC Land Company and asked if we have ability to limit the
number of extensions on this project.
Public Works Director Lee Thompson indicated that this was Windemere's second
extension. We could limit their extensions; however, the agreement helps pay for any
road damage caused by the construction trucks. The agreement with Dublin was a
condition with their agreement with Contra Costa County.
Cm. Oravetz asked if Windemere Company would repave Dougherty Road?
Mr. Thompson indicated that there was not much damage now, but another study will be
completed at the end of the project. The study would include Dougherty Road from 1-
580 north to the County line.
Mayor Lockhart asked if the damage at the intersection of Dougherty Road and Dublin
Boulevard was from their project.
Mr. Thompson indicated no, that area had been cut up several times by different utility
companies. That area will be overlayed within the next two weeks.
Mayor Lockhart clarified that it was to the City's advantage to continue the agreement.
On motion by Mayor Lockhart, seconded by Cm. Oravetz and by unanimous vote, the
Council adopted (4.2 600~30)
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RESOLUTION NO. 133- O2
APPROVING AMENDMENT TO AGREEMENT WITH
WINDEMERE BLC LAND COMPANY, LLC
Mayor Loc~a~ pulled Item 4.4 related to long term encroachments for Fallon Road,
Signal Hill Drive and Bent Tree Drive, Dublin Ranch, Area A, and pointed out that the
Staff Report referred to "Cherry Hills" as a street name. At a previous meeting, Council
had directed Staff not to use the name "Cherry Hills" as there was a street by the same
name just across the County line in San Ramon. If there were an emergency in area,
responders might go to wrong location.
Mr. Thompson indicated that the inclusion was a clerical error; the street name had been
changed on the maps.
On motion by Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote,
the Council adopted (4.4 600-:30)
RESOLUTION NO. 34 - OZ
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS FOR FALLON ROAD,
SIGNAL HILL DRIVE AND BENT TREE DRIVE
(DUBLIN RANCH- AREA A, DR ACQUISITIONS, I, LLC. (LIN))
Mayor Lockhart pulled Item 4.8 related to Cm. Oravetz's request to designate a street
within Dublin Ranch under the City's Policy for naming by a non-profit organization,
and asked about the process. Two streets have already been auctioned by non-profit
organizations and, so far, the buyers have not been contacted about the naming of their
street. Is there a running list of street name buyers to keep the process straight?
Mr. Thompson indicated he was only aware of one other auctioned street, which was
Glynnis Rose Drive.
Mayor Lockhart clarified that there were two other streets: one auctioned by
Kaleidoscope Activity Center and one by Dublin Partnerships in Education. They were
auctioned before the City established its approval policy, so they didn't come before the
Council.
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Martin Inderbitzen, Attorney for the Lin Family, indicated the need for a more formal
procedure, but he is keeping track of the names. Generally, streets are named at tentative
and final map stage. The two streets, Kohnen and Lockhart, are tentative streets on a yet
to be approved site plan. The proposed street names then need to be approved by the Post
Office and a couple of other agencies. He will work with the City Manager to develop
better procedures, including notification to the Public Works Department when the maps
are ready to be finalized with the purchased street names.
On motion by Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the City
Council aPproved (4.8 $20~60) request from Cm. Oravetz to Designate a Street within
Dublin Ranch under City's Policy for Naming by a Non-Profit Organization.
PUBLIC HEARING - TOLL BROTHERS
DEVELOPMENT AGREEMENT FOR DUBLIN RANCH AREA G; PA 01 ~009
7:34 p.m. 6.1 (600-60)
Mayor Lockhart opened the public hearing.
Planning Manager Jeri Ram indicated that an Ordinance approving a Development
Agreement between the City of Dublin and Toll Brothers is a requirement of the Eastern
Dublin Specific Plan. Items included in the development Agreement include, but are not
limited to, the financing and timing of infrastructure; payment of traffic, noise and
public facilities impact fees; improvements of roads and general provisions.
Ms. Ram further indicated that Staff and the Developer are still working out some minor
changes to the agreement, and recommended that the item be continued to the April 2,
2002, Council meeting.
Mayor Lockhart closed the public hearing and continued the item to the April 2, 2002
City Council meeting.
PUBLIC HEARING- TOLL BROTHERS- DUBLIN RANCH A-1
DEVELOPMENT AGREEMENT PA 01 ~010
7:35 p.m. 6.2 (600~60)
Mayor Lockhart opened the public hearing.
Planning Manager Jeri Ram presented the Staff Report and advised that this project is
part of Dublin Ranch Area A comprised of 369+ acres of mixed-use development
including single family residential, open space/golf course with appurtenant structures,
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and a neighborhood recreation facility. On August 28, 2001, the Planning Commission
approved a Site Development Review for Neighborhood A~ 1 of Dublin Ranch Area A.
The tentative maps setting the lot patterns for these subdivisions were approved by the
Planning Commission on July 25, 2000. Dublin Ranch Area A~I is located west of Fallon
Road and northerly of the existing L~5 subdivision. The project site is also easterly and
northeasterly of the existing L-6 and L~I neighborhoods in Dublin Ranch Phase 1. The
project site is completely surrounded by the "front nine" of the proposed Dublin Ranch
Golf Course. Either open space or golf courses physically separate the homes from the
above-described neighborhoods. Grading has occurred to create the proposed lots and
streets.
Ms. Ram further indicated that an Ordinance approving a Development Agreement
between the City of Dublin and Toll Brothers is required by the Eastern Dublin Specific
Plan. Items in the Development Agreement include, but are not limited to, the financing
and timing of infrastructure; payments of traffic, noise and public facilities impact fees;
oversizing of roads and general provisions.
Cm. McCormick noticed the project was comprised of 369+ acres of mixed use including
single~family residential, and asked how many homes will be built and what their
configurations would be?
Ms. Ram indicated that these were the larger lots for Dublin Ranch. There would be
approximately 109 single-family units.
Cm. McCormick asked if this would be a gated community?
Ms. Ram confirmed that it would be a gated community.
Mayor Lockhart closed the public hearing.
On motion of Cm. Zika, seconded by Oravetz and by unanimous vote, the Council
waived the reading and INTRODUCED the Ordinance.
TOLL BROTHERS AFFORDABLE HOUSING
AGREEMENT FOR DUBHN RANCH AREA G, PA 01-009
7:40 p.m. 8.1 (600-30)
Community Development Director Eddie Peabody presented the Staff Report and advised
that Staff is currently drafting amendments to the Inclusionary Zoning Ordinance that
would increase the number of Inclusionary units required to be constructed from 5% to
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15% and change the required in-lieu fees. Toll Brothers desires to construct a residential
for-sale project consisting of four neighborhoods, which total 1,396 units in Area G of
Dublin Ranch, which are subject to the City's Inclusionary requirements. In light of the
uncertainty of the applicability of proposed new amendments to the present Zoning
Ordinance, both the City Staff and the Developer have agreed to the terms of this
agreement. Given the unique agreement, specific conditions were placed on the Site
Development Review and Tentative Maps approved by the Planning Commission in
January 2002 requiring City Council approval of this agreement.
Mr. Peabody indicated that the major terms include 105 total moderate-income
affordable for sale units (7.5% of the total 1,396 units will be built as a part of the four
neighborhoods). Toll wishes to build the 105 Inclusionary units within the largest
project, H~2, which contain a total of 626 units. Under this proposal, 60 affordable units
would be in the first 4 buildings, and 45 affordable units would be built in the second 4
buildings. The Developer would have the option of choosing to build one-, two- or
three-bedroom Inclusionary units. Specific provisions have been included in this
agreement to insure the construction of the affordable units in concern with the overall
development of the four neighborhoods over time.
Cm. McCormick asked if the Developer had determined how many one-, two- and three-
bedroom units to be built.
Mr. Peabody indicated that the Developer hadn't made that determination; although, he
thought a good portion will be one-bedrooms because of the market demands.
Mr. Peabody further indicated that only a certain number of the building permits would
be released by the City for the four neighborhoods to ensure that the various numbers are
built. The agreement also includes a provision that, in case of poor economic conditions
or lack of sales, the Developer may ask the City for a solution within the present terms of
the agreement to complete the Inclusionary units. He pointed out a typo on Page 5,
paragraph $(d), in which all references to "Eastern" garage should be changed to
"Western."
Cm. Zika asked if the City Manager wrote the agreement, would it specify how many
one-, two-, and three-bedrooms would be built, and if the units would be owner-
occupied or rented out, or would that information be in a subsequent agreement?
Mr. Peabody advised that the agreement does not tie the Developer to the exact number
of bedroom units. The present agreement gives the Developer the discretion to build
anywhere in that range, providing that it meets the income levels. The Council could put
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that information in the agreement; however, Staff felt it was better to ensure some
flexibility.
Cm. Zika expressed concern that 92 one-bedroom units and only 13 two-bedroom units
in one project does not do a lot for single parent families or couples with one child. That
is area of the population that we need to address. He would like the agreement to
stipulate a minimum number of two-bed units.
Mr. Ambrose clarified that he has approved agreements under the City's old Ordinance,
which basically are very routine agreements that give the Developer the option to pay the
5% in-lieu fees. Under the new ordinance, if the Council wants something different this
agreement is the affordable housing agreement. The only subsequent agreements would
be the resale agreements guaranteeing affordability over time. If this agreement is not
satisfactory, Council would need to give Staff direction as to modifications, so that Staff
can revise the agreement.
Cm. Zika indicated a need for a provision requiring the Inclusionary units be owner-
occupied and cannot be rented out. He reiterated the need for a provision stipulating a
minimum number of two~bedroom units. Thirteen is not adequate; there needs to be at
least 25. There needs to be some established procedure as to who selects the buyers, who
oversees resale, and how we handle the matter. He was not implying anything about Toll
Brothers, but in his experience, he had seen Developers give priority to workers in order
to pay them less. He had also seen situations where a qualified buyer purchased an
affordable unit, and after becoming more monetarily stable, purchase a new house and
rent the affordable unit out at market rate.
Mr. Peabody assumed that it would be at least 12 months before any Inclusionary units
are constructed. During that time, Staff needs to develop very specific resale controls for
Council approval. Staff will also work with the Developer to find a mechanism to screen
buyers. There could be a variety of ways to deal with the issue, including using a non-
profit organization or allowing the Developer to do it. If the Council would like to deal
with rental issue, Staff would need to include that as part of the discussion.
City Attorney Elizabeth Silver referred to Page 6, Section 7b of the draft agreement,
indicating that the section requires a further "Regulatory Agreement" prior to the
issuance of a Certificate of Occupancy for any of the units. This agreement, recorded
against the property, ensures that it will be affordable for 30 years. Resale conditions
would be dealt with in that agreement. The current ordinance provides that the
affordable units must be occupied by owners and cannot be rented except upon approval
of the City Manager. Cm. Zika's concerns would be addressed at that point in time.
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Cm. Zika agreed, as long as Toll Brothers was aware of his concerns.
Mr. Ambrose asked if the rest of the Council concurred with the owner~occupied
stipulation.
The Council concurred.
Mr. Ambrose indicated that if the Council wanted to establish a threshold on the number
of one~ and two~bedroom units, it should be handled in this agreement.
Cm. Zika proposed a minimum of 25 two-bedroom units, out of 105 units.
Mayor Lockhart asked for discussion from Jon Paynter on that issue before picking a
number.
Jon Paynter, Toll Brothers, commented that Toll Brothers was resolute in providing
affordable units for the City. Their biggest challenge is operating currently under the old
Ordinance, and not yet having the new Ordinance. They appreciate Staff for working
with them to develop this concept. He discussed their challenges, indicating that the H~2
community was believed to be the most fitting location for affordable units. Although
they hadn't picked an absolute number of two~bedroom units, a minimum of 25 two~
bedroom units would be fine with them.
Mr. Paynter further commented that, with the dramatic swings in the California
economy, Toll Brothers might find that one community may sell faster then the others.
so, Toll Brothers may need to come back to Council and ask for permit flexibility on
locations that sell more quickly. They are committed to building the H-2 location
because they believe there will be a significant demand.
If
Lockhart asked him to define "flexibility."
Mr. Paynter clarified that if one of their communities wasn't received well at market
time, then Tolls Brothers are allocated those percentages of units for each one of those
locations. If that location doesn't sell, and they have 20 units allocated at that location,
and they are not able to proceed on the other two locations, Toll Brothers may come to
the City and ask to transfer those allocations from non~selling locations to a location that
is selling.
The council concurred that the agreement should be as flexible as possible.
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Mayor Loc~rt asked if the affordable units would look the same on the exterior as the
market rate units.
Mr. Paynter indicated yes, the units were designed before the affordable concept came
up. He also indicated they were hoping to start sales in the H~2 community and others as
early as June or July 2002. Toll Brothers will work with Staff, when the new Ordinance
is adopted, to make provisions for unit sales and resale.
Ms. Silver indicated that if the Council approved the affordable housing agreement
tonight, it could be subject to the minimum of 25 two~bedroom units.
On motion of Cm. Zika, seconded by Oravetz and by unanimous vote, the Council
adopted (with the inclusion of a minimum of 25 two~bedroom units)
RESOLUTION 35 - 0Z
APPROVAL OF AFFORDABLE HOUSING AGREEMENT
FOR PA 01 ~009 DUBLIN RANCH AREA G TOLL BROTHERS
OTHER BUSINESS
Cm. Oravetz referred back to Janet Fasulkey's request for Council to reconsider the
monument sign. The feedback that he had received has been negative regarding the
design of the sign. He asked the Council if they would hke to reconsider the issue at the
April 2, 2002, Council meeting.
Mayor Lockhart agreed that, in light of the negative community reaction, the Council
should re-examine the issue. She also felt that the Downtown Business Task Force, which
first recommended downtown area signage, be reconvened to study and comment on this
and other options. We have time to do this project right, and the wisest move is to re~
examine that issue and get input from the community and businesses.
Cm. McCormick asked if the Heritage & Cultural Arts Commission should look at this
issue since they were the ones to bring it forward tonight.
Mayor Lockhart felt monuments signs were not under the Heritage & Cultural Arts
Commission purview. While she appreciated them bringing the issue forward, she felt
the business people who suggested the monument sign, the Downtown Business Task
Force, should be the first to comment on the issue. There will a chance for public input
when the issue comes back to Council.
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Cm. Oravetz concurred with the Mayor Lockhart's suggestion.
Cm. McCormick asked for a better, clearer presentation when the item is brought back to
Council. During the first presentation, she didn't see a lot of neon; she saw white block
letters that were lit from the inside. She was unsure how it got turned into a multi-color
cartoon-like sign, because it didn't seem to be presented that way.
Mr. Ambrose clarified that she was asking for a clearer presentation of what the Council
had initially approved.
Cm. McCormick agreed.
Mayor Lockhart asked that Staff also provide a smaller, simpler conceptual drawing to
compare with. She felt this sign should be scaled down because it would go right in front
of McDonald's red roof. She also felt that the sign didn't need to say "Downtown
Dublin", just "Downtown."
Mr. Ambrose reminded Council that the issue couldn't be discussed tonight because it
was not on the agenda. He clarified that it was Council's desire to have the issue
agendized and that Staff should prepare a clearer presentation. He asked if Council
wanted Staff to notice the Downtown Business Task Force in advance of the meeting?
The Council asked that the item be brought back to Council for direction and they would
decide at that time if the item would be sent to the Downtown Business Task Force.
Mayor Lockhart let Staff know that there was an Assembly District campaign sign still on
Tassajara Road, and asked if Code Enforcement could contact the candidate for removal.
Mayor Lockhart questioned Staff as to the status of the new Sybase street address.
Building Official Gregory Shreeve advised that Staff was waiting for an official request
from Sybase. Sybase is waiting for an agreement and a letter from the property owner.
The property owners have indicated that they are open to the change, but hadn't agreed
to it yet.
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Mayor Lockhart read a letter she received from the U.S. Conference of Mayors thanking
Dublin for participating in the "Cities Unite America and Thank New York Firefighters"
program by hosting New York City Firefighter Richard Dore for a weekend of activities.
Mayor Lockhart read a letter received from DSRSD Board of Directors, which
commended Staff on a delightful and successful 20-year anniversary party. They are
proud of being a part of the City of Dublin.
Mayor Lockart received a request asking that the Council consider amending the current
smoking ordinance to prohibit smoking within 20 feet from a business doorway, so that
people could enter and exit without going through a smoke zone.
Mayor Lockhart complimented the Dublin High School Marching Band. She had the
pleasure of attending their recent concert, which was held in conjunction with the Sanyo
High School Girls' Bugle Band from Hiroshima, Japan. The Gaels also led the St. Patrick's
Day parade this year and were to be complimented their skill and composure.
Mayor Lockhart commended Staff for another successful St. Patrick's Day Festival.
Although Sunday was rained out, Saturday was spectacular. She commended the Lion's
Club for a parade well done and City Staff did a wonder job organizing an exciting
festival.
CLOSED SESSION
The Council reconvened to its Closed Session meeting (8:27 p.m.)
REPORT ON CLOSED SESSION ACTION
Mayor Lockhart announced that there was no reportable action.
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ADJOURNMENT
11.1
There being no further business to come before the Council, the meeting was adjourned
at ~):30 p.m.
Minutes prepared by Fawn Holman, Deputy City Clerk.
ATIZST:
City Clerk
Mayor
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