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HomeMy WebLinkAbout08-16-2005 Adopted CC Min à~ ~(Ø MINUTES OF THE Crn' COUNCIL r~ElI~~~ OF THE Crn' OF DUBLIN ~!.~ R£6.ULAR M££TINEi - AUGUST 16. 2005 CWSED SESSION A closed session was held at 6:30 p.m., regarding: J. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9, subdivision c (5 potential cases). Z. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) - Title: City Attorney 3. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency designated representatives: Council member McCormick & Councilmember Oravetz Unrepresented Employee: City Attorney .. A regular meeting of the Dublin City Council was held on Tuesday, August 16, Z005, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart. ABSENT: None. .. FLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. CITY COUNCIL MINUTES VOLlJME 24 REGl.JLAR MEETING August 16, 2005 PAGE 314 www.ci.dublin.ca.us .. REPORT ON CWSED SESSION ACTION Mayor Lockhart announced that Item 1 was discussed, with no action taken. Items 2 & 3 were continued to the end of the meeting. .. YOUTH ADVISORY COMMITTEE APPOINTMENTS 7:05 p.m. 3.1 (J 10-30) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the term of office for the current Youth Advisory Committee (Y AC) members would expire in August 2005. Seventeen applications for the upcoming term were received, and the Mayor recommended the appointment of 13 members and 2 alternates to the Committee. Mayor Lockhart has recommended the appointment of: Brittany Lane, Justin Minor, Matt Pecota, Alicia Ahrens, Kevin Jung, Morgan King,jr., Mike Pecota, Matt Spring, Jiaxue He, Chen-Chen Phang, Andrew Tam, Caitlin McLens, and Amit Pande. Alternates are Lauren DeMigueI and Megan Frantz. No applications were received from the adult at-large community, the application period would be extended. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council confirmed the Mayor's appointments to the Youth Advisory Committee. .. YOUTH ADVISORY PLANNING BOARD APPOINTMENTS TO THE TRI-V ALLEY ADOLESCENT HEALTH INITIATIVE COMMITTEE 7:08 p.m. 3.2 (J 10-30) Assistant City Manager Joni Pattillo presented the Staff Report and advised that the Youth Advisory Planning Board was developed to support the Tri-Valley Adolescent Health Initiative Committee. Students residing in Dublin from Middle School, High School and freshman or sophomore status in College would represent the City of Dublin by engaging CITY COUNCIL MINtJTES VOLUME 24 REGl.JLAR MEETING August 16, 2005 PAGE 315 www.ci.dubIin.ca.us other Dublin youth in the needs assessment and planning process on adolescent health and wellness services for the Tri-Valley region. Mayor Lockhart has recommended the appointment of Justin Minor, Lindsy Brickell and Tyler Clafton to the Youth Advisory Committee for terms September 2005 through August 2006. Alicia Ahrens, Ashley Roncarati, and Kelsey Hallstrom were appointed as alternates. On motion of Cm. McCormick, seconded by Vm. Zika, and by unanimous vote, the Council confirmed the Mayor's appointments to the Youth Advisory Planning Board Committee. .. PRESENTATION FROM MARCUS BEVERLY. DIRECTOR OF RISK MANAGEMENT, ABAG PLAN CORPORATION 7:11 p.m. 3.3 (J 70-30) Assistant to the City Manager Julie Carter presented the Staff Report and advised that the City obtained General Liability Insurance through a pooled risk-sharing arrangement offered by the Association of Bay Area Government (ABAG) PLAN, Corporation. Marcus Beverly, ABAG Plans Risk Manager, reviewed the background and statement of member benefits, IT 2005-2006 Risk Management Program elements, and the City's success in meeting the Plans Risk Management standard. He presented the Council with a certificate of appreciation which entitled the City of Dublin $10,000 to fund additional risk management activities. .. PUBLIC COMMENT 7:21 p.m. 3.4 Mr. Syed Bukhari, Dublin property owner, explained that he had made several attempts with the Planning Depaltment to obtain permits to build a home on his property located in the west hills. He explained that he had complied with all Planning Department requests and has still been denied a permit. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 16,2005 PAGE 31(; www.cÍ.dublin.ca.us Mayor Lockhart stated that the Council would not be able to take action tonight and advised Mr. Buhkari to contact City Manager Richard Ambrose regarding this matter. .. CONSENT CALENDAR 7:25 p.m. Items 4.1 through 4.1 J Mayor Lockhart pulled Item 4.9 for discussion. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of August 2, 2005; Received (4.2 330-50) preliminary Financial Reports for the Month of July 2005; Adopted (4.3 720-30) RESOLUTION NO. 167-05 ADOPTING ADMINISTRATIVE SERVICE AGREEMENTS TO ESTABLISH A NEW DEFERRED COMPENSATION PROGRAM: A 401 (a) GOVERNMENTAL MONEY PURCHASE PLAN and authorized the City Manager to execute the agreement; Adopted (4.4 170-30) RESOLUTION NO. J 68-05 ADOPfING A RISK MANAGEMENT POLICY RESOLUTION Received (4.5 320-30) City Treasurer's Investment Report for 4th Quarter IT 2004- 2005; Adopted (4.6 600-35) RESOLUflON NO. 169-05 AWARDING CONTRACT NO. 05-08 2004-2005 ANNUAL SLURRY SEAL PROGRAM TO VALLEY SLURRY SEAL COMPANY CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 16, 2005 PAGE 317 www.ci.dublin.ca.us - Adopted (4.7600-35) RESOLUTION NO. 170-05 AWARDING CONTRACT NO. 05-10 DOLAN PARK PLAY AREA RENOVATION TO G AND G BUILDERS INcorporated and approved Budget Change in the amount of $18,128; Adopted (4.8 410-30) RESOLUTION NO. 171-05 A RESOLUTION GRANTING THE APPEAL or SAFEWAY, INC AND YOUNG ELECTRIC SIGN COMPANY, THEREBY REVERSING THE PLANNING COMMISSION DECISION TO DENY THE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR AN AMENDMENT TO THE MASTER SIGN PROGRAM TO INSTALL AN ELECTRONIC GASOLINE PRICE DISPLAY SIGN AT THE SAFEWAY GAS STATION AT 7499 DUBLIN BOULEVARD ASSESSOR PARCEL NUMBER 941-0305-010-02, PA 05-04 Adopted (4.10 600-35) RESOLUTION NO. 172-05 AWARDING CONTRACT NO. 05-09 STREET LIGHT POLE REPLACEMENT, PHASE 4 TO JOHN BAKER CONSTRUCTION Approved (4.11 300-40) Warrant Register in the amount of $4,227,489.77. Mayor Lockhart pulled Item 4.9 (600-30), Agreement with BRK Associates for Design Services, Freeway Underpass Artwork Lighting, Phase 2, and expressed concern about birds nesting in the underpass artwork. She asked if something could be done to discourage them. Parks and Community Services Director Diane Lowart explained that Staff would need to identify the type of bird and any alternatives to discourage the nesting. If this continued to be a problem, Staff would increase maintenance. City Manager Ambrose advised that Staff would need to coordinate with Caltrans if structural modifications needed to be made to the underpass. CITY COUNCIL MINUTES VOLUME 24 REGlJLAR MEETING August 16, 2005 PAGE 318 www.ci.dublin.ca.us On motion of Mayor Lockhart, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLunON NO. 173-05 APPROVING AGREEMENT WITH BRK ASSOCIATES FOR CONSULTING SERVICES .. REQUEST FROM BERKELEY LAND COMPANY, INC., FOR CONSIDERATION OF SITE PLAN FOR DUBLIN SQUARE 7:29 p.m. 5.1 (910-40) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the City of Dublin received correspondence from Michael S. Mikulich, Vice President of Real Estate for Berkeley Lane Company, requesting that the City consider a site plan for Dublin Square Shopping Center, located at the southwest corner of Dublin Boulevard and Donlon Way. As proposed, the plan identified 56 residential units and a 1.16 acre neighborhood park. Michael Mikulich, Berkeley Land Company, stated that this was a win-win proposition for the Developer and the City and hoped the Council would consider it. Vm. Zika stated that he would be amenable to residential; however, this concept would be a significant monetary windfall to the developer, and he would expect a significantly larger park be dedicated to the historical center. Cm. McCormick stated that she opposed the request. The entire area should be dedicated for public use and preserved historically. Cm. Oravetz supported the plan as proposed by the developer. The project could be a win-win situation and the village concept could be utilized. City Attorney Elizabeth Silver stated that this issue before the Council was whether or not to revise the City Consultant's scope of work. The decision was not to decide ultimately whether or not to accept this proposal, just whether or not to study it. Mayor Lockhart stated that she opposed the request because Staff was currently studying land use options that included housing on this site. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 16, 2005 PAGE 319 www.ci.duhlin.ca.us Ms. Lowart clarified that the City's Consultant was only studying park uses, not what would happen on the balance of the site. City Manager Richard Ambrose advised that the Council had already directed Staff to complete a Specific Plan study for the area; however, a true understanding of the area park requirements was needed. This was a two· step process; the park planning study would need to be finished first and then the other land uses could be considered. The Council discussed park size and agreed that it would not be amendable to reducing the minimum park size already set. Cm. Hildenbrand stated that would decline the developer's request at this time. Mayor Lockhart made a motion to decline the Developer's request at this time. Cm. Hildenbrand seconded the motion. Cm. Oravetz urged the Council to reconsider the proposal. On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by majority vote (Cm. Oravetz opposed), the Council declined the request to consider a site plan for Dublin Square Shopping Center at this time. .. PUBLIC HEARING AMENDMENT TO SECTION 7.04.420 OF ARTICLE 4 OF CHAPTER 7.04 OF TITLE 7 OF THE DUBLIN MUNICIPAL CODE, REPAIR OF SIDEWALKS - REPORTING DEFECTS 7:46 p.m. 6.1 (820-10/820-40) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that this was the second reading of a proposed amendment to the Sidewalk Ordinance that will require property owners and possessors of property to maintain adjacent public sidewalks in a safe condition, as already provided for by the California Streets and Highways Code. It defined the failure to maintain public sidewalks as negligence, and made property owners and possessors of property liable for failure to maintain sidewalks. CITY COUNCIL MINUTES VOLUME 24 REGVLAR MEETING August 16, 2005 PAGE 320 www.ci.dublin.ca.us The City's sidewalk repair program each fiscal year did not abrogate the responsibility of the property owners to maintain frontage improvements in a safe manner, as delineated under Section 5610 of the California Streets and Highways Code. The Council and Staff engaged in a question and answer session regarding emergency repairs, especially related to our aging or disabled population who might not be able to complete the repair on their own. The City routinely provided temporary repair and then prioritized repairs depending on the tripping hazard. The Annual Sidewalk Repair Program addressed trip ha7..ard repairs regardless of a property owner's income. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 20-05 AMENDING SECTION 7.04.420 OF ARTICLE 4 OF CHAPTER 7.04 OF TITLE 7 OF THE DUBLIN MUNICIPAL CODE TO REQUIRE PROPERTY OWNERS AND PERSONS IN POSSESSION OF PROPERTY TO MAINTAIN ADJACENT PUBLIC SIDEWALKS IN A SAFE CONDITION, DEnNING THE FAILURE TO SO MAINTAIN PUBLIC SIDEWALKS AS NEGLIGENCE, AND MAKING PROPERTY OWNERS AND POSSESSORS OF PROPERTY LIABLE FOR FAILURE TO MAINTAIN SIDEWALKS, AS PROVIDED FOR IN THE CALIFORNIA STREETS AND HIGHWAYS CODE .. PUBLIC HEARING URGENCY ORDINANCE PLACING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES 7:55 p.m. 6.2 (560-60) Mayor Lockhart opened the public hearing. City Attorney Elizabeth Silver presented the Staff Report and advised that the Compassionate Use Act of 1996 ("the Act") permitted possession and cultivation of marijuana for limited medical treatment purposes. On January 1,2004, SB 420 went CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 16, 2005 PAGE 321 www.ci.duhIin.ca.us into effect which clarified the scope of the Act. Since SB 420 has taken effect, numerous cities in Northern California have received applications for the issuance of a business license to open a medical marijuana dispensary. Some California cities have experienced negative secondary impacts from either a zoning or law enforcement standpoint. In order to ensure that allowing medical marijuana dispensaries does not harm the public health, safety and welfare, issuing a temporary moratorium allows Staff to conduct further study of the potential impacts. The Council entered into a discussion regarding an ordinance adopted by Alameda County that regulated medical marijuana dispensaries and how this ordinance would affect the City of Dublin. The County's ordinance applied only to unincorporated areas; however, without the moratorium, the County could, as a property owner, sell or lease its property within Dublin to a private medical marijuana dispensary. It would depend on which County property was involved, because the City had an Annexation Agreement with the County that established the City's ability to regulate land uses on County land at different levels of control depending on the property. If the County were to operate a dispensary, they would not need to go through the City. However, if a private dispensary was operated on County property, the business owner would need to go through the business license permitting and zoning process. Cm. McCormick expressed concern about the lack of positives included in the Staff Report related to having a medical marijuana dispensary in the community. The Staff Report was full of negatives. Glenn White, Dublin resident, stated that there had been an attempt to demonize marijuana dispensaries and was opposed to the moratorium. The Compassionate Use Act of 1996 showed the voters' preference on the issue and democracy should be respected. Mayor Lockhart closed the public hearing. Mayor Lockhart stated that this issue should be given a fair hearing. A moratorium should be established that would allow Staff time to address the issues involved and allow public discussions to be held to determine how this would fit into our community. Cm. Hildenbrand agreed that this issue needed in-depth study and discussion before any decisions were made. The community's input was very important before the Council could make an informed decision. Personal issues should shadow this decision. Cm. Oravetz concurred. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 16, 2005 PAGE 322 www.ci.dublin.ca.us Cm. McCormick asked if there was the choice to allow dispensaries or not. City Attorney Silver advised that there was a choice to either prohibit a medical marijuana dispensary or allow it. If it were allowed, it could be allowed as a matter of right in various zoning districts, it can be designated a conditionally permitted use and also require a regulatory permit. The City of Fresno adopted an ordinance prohibiting medical marijuana dispensary, and it is currently in litigation. City Manager Ambrose clarified that the Council wanted Staff to prepare a Staff Report for another Public Hearing that would outline the various options and allow public comment. On motion of Vm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 21-05 AN URGENCY ORDINANCE MAKING FINDINGS AND ADOPTING A MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES, TO BECOME EFFECTIVE IMMEDIATELY And directed Staff to prepare a Staff Report for the September 20, 2005 Council meeting. . PUBLIC HEARING TO CONSIDER ADOPTION OF AN AMENDED RESOLUTION OF NECESSITY TO CONDEMN REAL PROPERTY AT 6400 DUBLIN BOULEVARD (SINGH) FOR CAPITAL IMPROVEMENT PROGRAM (CIF) PROJECT NO. 96852. DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 8:24 p.m. 6.3 (670-20) Mayor Lockhart opened the public hearing. Associate Civil Engineer Steven Yee presented the Staff Report and advised that in order to widen and improve the intersection at Dublin Boulevard and Dougherty Road, the City must acquire a portion of the property located at 6400 Dublin Boulevard (also addressed as 5863 Dougherty Road), which was situated at the southwest corner of the intersection. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 16, 2005 PAGE 323 www.ci.dublin.ca.us No testimony was entered relative to this issue by any member of the public. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 174-05 AMENDING RESOLUTION NO. 133-05 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580, WITH SCARI,ETI COURT ACCESS TO DUBLIN BOULEV AID LIMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM DUBLIN BOULEVARD TO SCARLETI COURT ELIMINATED - TEJINDAR P. AND RAJINDAR K. SINGH, PROPERTY OWNERS .. WILDFWWER PLANTING AWNG THE IRON HORSE TRAIL 8:33 p.m. 7.1 (930-30) Public Works Director Melissa Morton presented the Staff Report and advised that at its June 20, 2005, meeting, the City Council directed Staff to prepare a cost estimate for a new Capital Improvement Project to hydroseed a wildflower mix along the Iron Horse Trail. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council approved the new Capital Improvement Project for wildflower hydroseeding along the Iron Horse Trail; approved a Budget Change in the amount of $22,040; and authorized Staff to solicit informal bids for discing and hydl'oseeding. .. CITY COUNCIl, MINUTES VOLUME 24 REGULAR MEETING August 16,2005 PAGE 324 www.ci.dublin.ca.us VILLAGE SITE IDENTIflCATION AND RECOMMENDED ACTION PLAN. PA 04N025 8:38 p.m. 7.2 (410-20) Associate Planner Jeff Baker presented the Staff Report and indicated that, as a part of the 10-year Strategic Plan, Council instructed Staff to develop a policy that defined a village concept for use as a planning tool and to identify opportunities to create new villages in Dublin. The City Council would now consider potential village sites and a Village Action Plan to implement the Village Policy Statement within these village sites. Mayor Lockhart asked if landowners understood the village concept and if this plan had been discussed with them. Mr. Baker indicated that the property owners had been involved in the planning process. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council approved the Village Action Plan. .. CONSULTANT SERVICES AGREEMENT FOR SHANNON COMMUNITY CENTER DESIGN 9:04 p.m. 8.1 (600-30) Parks & facilities Development Manager Herma Lichtenstein presented the Staff Report and reported that seven consultants responded to a request for proposals for design services in the reconstruction of the Shannon Community Center. After interviews with five consultants, Staff recommended that the City Council approve a Consultant Services Agreement with the Dahlin Group. Cm. McCormick asked if this would be the first public building with LEEO (Leadership in Energy and Environmental Design) requirements. Assistant City Manager Joni Pattillo indicated that this would be the first LEED "Silver" rated building. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 16, 2005 PAGE 325 www.d.dublin.ca.us On motion of Cm. Hildenbrand, seconded by Vm. Zika and by unanimous vote, the Council adopted RESOLUTION NO.1 75-05 APPROVING AN AGREEMENT WITH THE DAHLIN GROUP FOR ARCHITECTURAL DESIGN SERVICES FOR THE SHANNON COMMUNITY CENTER . AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE EAST DUBLIN BART GARAGE 9:08 p.m. 8.2 (600-40) Planning Manager Jeri Ram presented the Staff Report and advised that the City Council would consider an Agreement with Alameda County Surplus Property Authority to waive celtain provisions of the 1993 Annexation Agreement and secured conditions of approval for the Site Development Review permit. Mayor Lockhart asked if BART had other garages in the County that did not have sprinklers. Alameda County Fire Chief William McCammon advised that BART had one garage in Oakland that did not have sprinklers. On motion of Cm. Oravetz, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 176-05 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE EAST DUBLIN BART GARAGE (FA 00-013) . CITY COUNCIL MINIJTES VOLUME 24 REGULAR MEETING August 16, 2005 PAGE 326 www.ci.dublin.ca.us SHANNON COMMUNITY CENTER SECURITY 9:18 p.m. 8.3 (350-20) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that due to increasing vandalism at the Shannon Community Center, Staff recommended the purchase and installation of two Flash CAM-770 Digital Deterrent Systems. As funds were not budgeted for this purpose, an additional appropriation was needed. The cameras were portable and when the vandalism at Shannon Center was solved they could be moved to other locations. On motion of Vm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council authorized the purchase and installation of two Flash CAM-770 digital Deterrent Systems for the Shannon Community Center, and approved a budget change in the amount of $11,900. OTHER BUSINESS City Manager Richard Ambrose advised that a City of Dublin/Dublin Unified School District Liaison Committee meeting would be held in the near future, and asked that Councilmembers forward agenda items to him. A Tri-Valley Council meeting would be held on September 29th in Pleasanton at 6:30 p.m. Agenda items for that meeting could be forwarded to him, as well. Cm. Oravetz advised that he had no committee meetings in August and wished his brother a happy birthday. Cm. McCormick announced that she recently attended the Alameda County Recycle Board meeting. She also attended City Clerk Kay Keck's retirement party and wished her well. Mayor Lockhart asked if anything was being done about the weeds growing along Dublin Boulevard near the sidewalk just east of the Arlen Ness building. City Manager Ambrose advised that Staff would look into it. Cm. Hildenbrand announced that Dougherty Elementary School would be the first school in Dublin to implement the "Go Green Initiative," beginning this fall. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 16,2005 PAGE 327 www.cLdublin.ca.us .. CWSEO SESSION The Council reconvened to Closed Session to discuss Items 2& 3. Following the Closed Session, Mayor Lockhart announced that no action was taken. . ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:00 p.m. Minutes taken and prepared by Gloria McCafferty, Senior Office Assistant. ATfFSf, 4. ÚI.J~A ,.,.) .....- awn Holman, City Clerk ..~ CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 16, 2005 PAGE 328 www.ci.dubIin.ca.us