HomeMy WebLinkAboutItem 4.01 Approve 04-13-1992 Minutes REGULAR MEETING - April 13, 1992
A regular meeting of the City Council of the City of Dublin was held
on Monday, April 13 , 1992 , in the Council Chambers of the Dublin Civic
Center. The meeting was called to order at 7 :35 p.m. , by Mayor
Snyder.
ROLL CALL
PRESENT: Councilmembers Howard, Jeffery, Moffatt and Mayor
Snyder.
ABSENT: Councilmember Burton.
PLEDGE OF ALLEGIANCE (610-20)
Life Scout Jason Parkey, from Troop 905 led the Council, Staff and
those present in the pledge of allegiance to the flag.
Jason stated he had been on two 30 mile backpacking trips which were a
lot of fun. He looks forward to earning 2 more badges before he gets
to the rank of Eagle Scout.
SAVE THE BAY ON EARTH DAY PROCLAMATION (610-50)
Mayor Snyder read a Proclamation which designated April 25th as the
beginning of a committed effort to save the Bay by stopping stormwater
pollution and to promote proper use of storm drains. April 25th was
proclaimed as "Save the Bay on Earth Day", and a festival will be held
at Lake Merritt's Lakeside Park on that day.
The Proclamation was given to Mark Hicks, Engineering Technician, who
is coordinating the program on behalf of the City.
Mark stated he had just watched a program on the Discovery channel
which dealt with pollution and how it affects wildlife in the seas.
There is a need to clean up the water that goes into the Bay and this
is the beginning of a 5 year project.
ORGANIZATION OF THE YEAR PROCLAMATION (610-50)
Mayor Snyder read a Proclamation to the Dublin-San Ramon Lions Club,
one of the groups selected as Dublin's Organization of the Year. The
Lions Club was commended for their dedicated volunteers who have given
so generously of their time and effort to the development of the
handicapped playground improvements at Kolb Park.
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COPIES TO:
ITEM NO.
Because no one was present from the Lions Club to accept the
proclamation, Mayor Snyder asked Cm. Moffatt who is also a Lion, to
deliver it to the group.
ORGANIZATION OF THE YEAR PROCLAMATION (610-50)
Mayor Snyder read and presented a Proclamation to the Dublin 4-H Club,
the second group selected as Dublin's Organization of the Year. This
4-H Club consists of 43 youngsters ranging in age from 9 to 18. They
have participated in many projects, including decorating the Civic
Center area with red ribbons for Red Ribbon Week, collecting discarded
Christmas trees which were used to create protective reefs for baby
fish at the Del Valle Reservoir, and sewing dozens of teddy bears for
use by emergency agencies to give to children in crisis.
CITIZEN OF THE YEAR PROCLAMATION (610-50)
Mayor Snyder read and presented a Proclamation to Claudia McCormick,
Dublin's Citizen of the Year. Claudia was instrumental in the
formation of the Dublin Sister City Association, is a member of the
Lights of the Valley Committee of Hope Hospice, and has been a member
of the Dublin Soroptimist International since 1983 . She also writes a
weekly, "Around Dublin" column for the Valley Times which correctly
identifies Dublin as a loving, caring City full of interesting people
and organizations.
CONSENT CALENDAR
On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous
vote (Cm. Burton absent) , the Council took the following actions:
Approved Minutes of Regular Meeting of March 23 , 1992 (Mayor Snyder
abstained from voting on the Minutes only as he was not present at the
meeting) ;
Adopted
RESOLUTION NO. 32 - 92
DIRECTING PREPARATION OF ANNUAL REPORT FOR
STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 (360-50)
Adopted
RESOLUTION NO. 33 - 92
DIRECTING PREPARATION OF ANNUAL REPORT FOR TRACT 4719
LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (360-20)
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Adopted
RESOLUTION NO. 34 - 92
DIRECTING PREPARATION OF ANNUAL REPORT FOR TRACT 5511
LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (360-20)
Adopted
RESOLUTION NO. 35 - 92
AWARDING PURCHASE ORDER FOR INFIELD MIX
FOR 90' BASEBALL DIAMOND PROJECT AT MURRAY SCHOOL TO
C. L. SMITH TRUCKING COMPANY $9,093 (600-30)
Adopted
RESOLUTION NO. - 36 - 92
AWARDING CONTRACT 92-03
DUBLIN BOULEVARD BRIDGE DECK REPAIR, PHASE I
TO AMERICAN GROUTING $12,127 (600-30)
Authorized City Staff to advertise Contract 92-08 (600-30) , Annual
Slurry Seal Program, for bids;
Adopted
RESOLUTION NO. 37 - 92
APPROVING AGREEMENT WITH BSK & ASSOCIATES FOR
SOILS AND CONSTRUCTION MATERIALS TESTING AND OBSERVATION
FOR DUBLIN BOULEVARD EXTENSION
FROM DOUGHERTY ROAD TO TASSAJARA ROAD (600-30)
Approved Warrant Register in the amount of $512 ,879. 06 (300-40) ;
ROBERT JEAN ART COMPANY REQUEST
FOR OUTDOOR DISPLAY AND SALE OF MERCHANDISE (450-20)
Senior Planner O'Halloran advised that Michael R. Phillips, with
Robert Jean Art Company is requesting the City Council to consider
allowing businesses located within the City to display and sell
merchandise outdoors on the first weekend (Friday, Saturday and
Sunday) of the months of April through October, subject to approval of
a special permit. She clarified that the request was for sales to
occur on site only.
Ms. O'Halloran advised that Dublin's Zoning Ordinance requires all
principal uses within the commercial districts to be conducted
indoors, with the exception of automobile and recreation vehicle
storage and rental lots, plant nursery (plant materials only) , and
auto sales and service agency which may occur outdoors subject to CUP
approval. The Zoning Ordinance does not allow outdoor display and
sale of merchandise.
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Ms. O'Halloran explained that in years past, the Council has denied
requests to allow outdoor brass sales, hot dog carts and fruit and
vegetable stands.
Michael Phillips, CEO, advised that they are basically a wholesaler
who services a number of retail establishments here in Dublin. They
serve Standard Brands, Wallpaper To Go, etc. The owners of businesses
would like to have a special permit to display their products outside.
This would help all parties, including the City of Dublin. A special
permit would generate additional funds for the City, plus businesses
would be able to have outdoor sales, with merchandise offered at a
discount. Other cities have special art fairs where artists are
brought in from outside, and then the money leaves the community.
Mr. Phillips advised that he had spoken with the Chamber of Commerce.
If a study is authorized or petitions need to be signed, they would be
happy to help out with this.
Janet Lockhart advised that as Community Affairs Director for the
Chamber, she had spoken with a few of the Board of Directors, and they
indicated they were interested in pursuing outside sidewalk sales.
Cm. Jeffery stated she was curious how Mr. Phillips got designated to
do this as his company is not involved with retail sales.
Mr. Phillips stated his company would supply the businesses that will
be holding the sales. They furnish finished artwork which would be
just one of the products that would be sold.
Cm. Moffatt indicated he was trying to visualize how this will work
and questioned if it would be a street sale.
Mr. Phillips stated most businesses are asking for the first weekend
of the month. They would apply to the City and the sale would be
right in front of their business.
Cm. Moffatt questioned if each store would get a permit.
Mr. Phillips advised that the suggestions made to him was that each
store would apply for their own permit. It could be relatively easily
policed to make sure everything is in good taste.
Cm. Moffatt asked if this would only be for Dublin based
organizations.
Mr. Phillips responded yes. He discussed the street fair in Danville.
Mayor Snyder felt it would seem reasonable that it could be May or
June before anything could happen.
Ms. O'Halloran advised that the City Council would have to initiate a
zoning Ordinance amendment and because of the timing to notice a
public hearing, and other timelines, the date would probably be June.
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Cm. Jeffery stated she has had experience as a downtown manager and
has run sidewalk sales. Once you get a reputation for allowing this,
people come in from all over and set up vending on the street. She
pointed out that this was one of the things the Chamber of Commerce
did not want when we became a City. Another aspect is that you really
have to look at what businesses would put out. One store regularly
puts mattresses outside. Since we have a downtown study group looking
at how to improve the area, she recommended passing the things
discussed on to that committee.
Cm. Moffatt stated he felt foreign retailers could be covered very
effectively through the permit process. He felt that Cm. Jeffery's
suggestion to have the Economic Development Committee look at this was
an excellent suggestion. He felt personally that anything that can be
done to help businesses was desirable—
Mr. Phillips stated for any business to do this, they must have a
physical location in Dublin and a retail sales license. This should
limit anyone from coming in to make deals. There must be conditions.
Cm. Jeffery expressed concern in that just because you have a license
doesn't necessarily mean you understand the situation.
Mayor Snyder felt this discussion would be facilitated if Staff were
able to obtain some sample ordinances.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote (Cm. Burton absent) , the Council agreed to pass this on to the
Dublin Business Task Force to study.
REQUEST FROM PLEASANTON MAYOR RELATED TO
TRI-VALLEY AFFORDABLE HOUSING COMMITTEE CONCEPT (430-80/110-30)
Senior Planner Carrington advised that on February 27, 1992 , the Tri-
Valley Joint Council discussed the concept of establishing a Tri-
Valley Affordable Housing Council to replace the Tri-Valley Affordable
Housing Committee. The concept was to legitimize the group's
structure into a Council similar to the Tri-Valley Transportation
Council. There would be one official representative from each
jurisdiction.
Mr. Carrington advised that on March 9th, the Council voted to send a
letter to the Tri-Valley Joint Council stating that authority for
regional approaches to affordable housing issues should reside with
the Tri-Valley Joint Council and not with another Council.
Pleasanton Mayor Mercer sent a letter on March 13th to the Tri-Valley
Area County Boards of Supervisors, and Town and City Councilmembers
soliciting their support for reorganizing the Tri-Valley Affordable
Housing Committee into a formal committee under the authority of the
Tri-Valley Joint Council. The TVAHC requests that each board or
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Regular Meeting April 13, 1992
council appoint one of its members to serve as a representative to the
reorganized committee.
Mr. Carrington advised that since the City is on record as supporting
a reorganization of the TVAHC as a sub-committee of the Tri-Valley
Joint Council, no action be taken on the matter. Mayor Snyder and Cm.
Burton serve as the City's official representative and alternate to
the existing committee.
Cm. Jeffery stated she didn't understand why this is coming back
before the Council. She thought the direction was very clear that the
City Council did not wish to establish a separate entity.
Mr. Carrington advised that Mayor Mercer's letter was dated March 18th
and out letter was dated March 19th, so they apparently passed in the
mail.
Mayor Snyder pointed out that this was made clear at last Thursday's
meeting. Everyone generally agreed that it needed to go back to each
of the City Councils to formalize the appointments.
City Manager Ambrose advised that the Council had appointed 2 people
under the old organization. Dublin's appointment is Mayor Snyder,
with Cm. Burton serving as alternate.
Mayor Snyder felt this should be added to the next agenda of the Tri-
Valley Joint Council.
Mr. Carrington advised that the City is on record as having sent a
letter to the Tri-Valley Joint Council.
Mr. Ambrose advised that it is Dublin's turn to host the next Tri-
Valley Joint Council meeting.
PUBLIC HEARING REQUEST FOR STOP SIGNS
AT INTERSECTION OF YORK & MAPLE DRIVES (590-40)
Mayor Snyder opened the public hearing.
The Staff Report indicated that in February, Staff received a letter
from Ms. Lyn Dinelli, requesting that stop signs be installed on York
Drive at Maple Drive. This is a "T" intersection with an existing
stop sign on Maple Drive. A parking lot for Valley High School is
opposite Maple Drive on the east side of York Drive.
Carl Springer, with TJKM, explained that a stop sign warrant study was
done at this intersection. The study included items such as volumes,
accident history, visibility, and other issues discussed in the Staff
Report. The warrant study indicates that the volume warrant for
residential areas has been met; the other warrants have not been met.
Additionally, there is a moderate number of school children using this
intersection as a route to local schools. Based on the information
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Regular Meeting April 13, 1992
obtained, Staff recommended that a stop sign be installed at this
intersection.
The Staff Report indicated that a letter had been received from
William A. Petschauer, of 6830 Sage Court, objecting to the proposed
installation on the basis that a traffic backup will be caused.
Cm. Jeffery questioned where the other stop signs which were recently
approved were in relation to this location.
Mr. Springer pointed out the location on the map and advised that the
volume at this location is about 10 times the volume at the other
approved location.
Randy Robertson stated he lives on the corner of Maple and York
Drives. Traffic there is heavy and speed is high. Stop signs are
well warranted.
Mayor Snyder closed the public hearing.
Cm. Moffatt pointed out that this is one of the few times seen in the
last several years that a stop sign is actually warranted.
On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous
vote (Cm. Burton absent) , the Council adopted
RESOLUTION NO. 38 - 92
APPROVING INSTALLATION OF STOP SIGNS ON
YORK DRIVE AT THE INTERSECTION OF MAPLE DRIVE
PUBLIC HEARING
REVISIONS TO ORDINANCE RELATING TO ALARM SYSTEMS (580-25)
Mayor Snyder opened the public hearing.
Police Chief Rose presented the Staff Report and advised that in April
of 1987 , an Ordinance was adopted relating to Alarm Systems. A
modification is being proposed to this Ordinance to establish minimum
standards and regulations applicable to alarm systems, their
installation by alarm businesses or agents, and their operation by
alarm users within the City.
Chief Rose advised that in calendar year 1990, Dublin Police Services
responded to 756 false alarms and in 1991, the number increased to
1, 037 . Response to any ,alarm presents a potential danger to emergency
responders. Responders travel to the scene of the alarm within the
provisions of the vehicle code, but may have to rely on emergency
equipment to respond in a timely manner. During an emergency
response, the potential for an accident is heightened. In addition,
police units may be diverted from their patrol duties in such a manner
that other enforcement concerns are delayed.
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Meeting April 13, 1992
Chief Rose discussed the cost factors involved in responding to false
alarms. False alarms in 1991 resulted in a loss of police services to
the community totalling almost $29, 000.
The primary purpose in modifying the Alarm Systems Ordinance is to
educate alarm users and agents/businesses to the problems associated
with response to false alarms, and to work with the users in improving
their alarm systems so that false alarms are dramatically reduced.
In summary, Chief Rose stated the Ordinance has provisions for
educating the alarm users following false alarms and further
establishes a fine process to businesses and residents not correcting
faulty alarms or faulty alarm use practices. Repeated uncorrected
false alarms will result in a notice of non-response by the Police
Department and the offending party can- only be put back on an alarm
response list after meeting all applicable conditions as specified in
the Ordinance, including payment of fine(s) .
Mayor Snyder commented if the District Attorney sees it as a
misdemeanor and chooses not to prosecute, he questioned who would be
responsible for the collection of the fine and what happens if they
don't pay.
Chief Rose advised that the DA's comments were related to the old
Ordinance. If we bill, it becomes a civil matter and the City will be
responsible for carrying it out.
Mayor Snyder questioned the liability issue.
Chief Rose stated the City Attorney's Office indicated that because we
will have gone through the 5 steps, our liability will not be there.
City Attorney Silver advised that the business, in order to get off
the non-response list, would have to pay what is due. She did not
feel there will be liability. The police always have discretion on
whether or not to respond.
Cm. Jeffery questioned if the real purpose of the Ordinance is to keep
the alarms in good repair.
Chief Rose advised that this is one reason, but also, when the police
respond to continual false alarms at a business, there's a chance that
an actual emergency could occur, but the anticipation of the responder
could possibly be lessened because of so many false alarms.
Cm. Moffatt questioned why the Ordinance was being changed.
Chief Rose stated it was one of his department's goals and objectives
because of so many problems with false alarms. The police respond to
a lot of false alarms, over 1, 000 last year. They would like to
educate the business alarm owners on how to conform and comply.
Cm. Moffatt asked if this also included home alarms.
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Regular Meeting April 13, 1992
Chief Rose responded that it included both businesses and residential
alarms, but he did not have numbers available of what the breakdown
was between the two.
Ms. Silver advised that another reason for changing the Ordinance is
to provide for fines. This will give it some teeth.
Mayor Snyder closed the public hearing.
Cm. Moffatt stated he has been held up and had guns to his head.
There is a feeling of security in having an alarm system in his
business. This Ordinance is somewhat anti-business. Perhaps there
would be another way to resolve this, such as a visit from an officer.
It could be educational rather than a penal type of Ordinance. He
stated he would like to see this go to_ the Economic Development
Committee to discuss it from a business point of view and to try and
come up with an alternative. Panic buttons are important in holdups.
Chief Rose stated the intent of the proposal is not to penalize any
business. A good business wants to work with the Police Department.
They will assist them and let them know what the problems are. They
also want to respond to legitimate calls. When you have a business
with 30 false alarms in 90 days, you must consider the impact on
everyone else.
Cm. Moffatt stated there was no input from the business community.
Cm. Jeffery stated this is not an anti-business ordinance. If
anything, it is to protect all citizens in the community. We should
correct this if we can. We are having to trim down, and asking
businesses to look at their systems is the perfect thing to do. They
have a whole bunch of times to correct the situation before any fines
occur. She did not feel there was any problem with passing this at
this time.
Mayor Snyder reopened the public hearing in order to allow Guy Houston
to speak.
Mr. Houston asked how many businesses at any one time would be on this
list.
Chief Rose advised that this would be a difficult question to answer.
In their research, they find that by the time they get to a third
contact, they have complied.
Mayor Snyder asked if Chief Rose could identify the businesses they
have had problems with and the number of businesses.
Mr. Houston suggested that perhaps an on-site inspection could be done
by the police department.
Chief Rose advised that unfortunately, what they have today is
businesses that have alarms going off continuously 2 or 3 times every
week.
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Regular Meeting April 13, 1992
Mr. Houston stated he would hate to see non-response if there were a
serious crime.
Chief Rose stated that instead of taking up a lot of Staff time
responding to false alarms, Staff is trying to educate people and help
them to correct any problem with their alarm system.
Mayor Snyder closed the public hearing.
Cm. Jeffery made a motion, which was seconded by Cm. Howard, to follow
Staff's recommendation and introduce the ordinance.
Cm. Moffatt said he would like to table this Ordinance and refer it to
the Economic Development Committee to review, or form a task force to
look into it and offer the businesses solutions. The Police
Department would be a part of the task force.
Cm. Jeffery and Cm. Howard both indicated they were unwilling to amend
their motion and second. Cm. Jeffery stated she felt it is dangerous
to treat the business community differently.
Mayor Snyder pointed out that the business community has every
opportunity to address this before the next meeting. He did not feel
it was in the purview of the Committee to look into this type of
thing.
On motion of Cm. Jeffery, seconded by Cm. Howard, and by majority vote
(Cm. Burton absent) , the Council waived the reading and INTRODUCED the
Ordinance. Cm. Moffatt voted against this motion.
REVIEW OF DRAFT SITE DEVELOPMENT REVIEW GUIDELINES (420-20)
Associate Planner Choy advised that Site Development Review (SDR)
Guidelines had been prepared by the Planning Department Staff as a
result of recommendation by the Management Audit done in 1989 . The
Planning Commission reviewed the Draft Guidelines in September and
November of 1991, and in January of 1992, recommended approval of the
Draft and forwarding to the City Council for review and comment.
Mr. Choy stated the purpose of the SDR Guidelines is to assist
property owners, developers, architects, and applicants in
understanding the objectives of the City of Dublin SDR process and the
level of quality that the City is seeking. The SDR Guidelines are
intended to provide Staff and applicants with general design direction
for use in the review of development proposals.
Mr. Choy explained that the Zoning Ordinance currently requires SDR
approval for new structures totalling 1, 000 square feet or more or any
construction aggregating 1, 000 square feet or more, proposed within
the Commercial or Industrial Districts, unless zoning approval is
granted through a SDR waiver. Waiver requests are handled
administratively and are not routed for comments.
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Mr. Choy advised that it was the consensus of the Planning Commission
to include routing criteria information as an attachment to the SDR
Guidelines, since the Guidelines do not address procedures for
processing SDR applications.
Mr. Choy showed slides and explained that Staff is seeking input and
direction from the City Council regarding the policies contained
within the Draft SDR Guidelines and Staff will bring the item back to
the Council for adoption at a future date.
Mayor Snyder pointed out that one of the slides showed one of Dublin's
shopping centers and identified some of the nicer amenities. Although
from a picture standpoint it looks ideal, there has been a great
turnover of business in the center from businesses located in the
back. We need to be cognizant of these things. Sometimes the
amenities overwhelm the businesses.
Mr. Choy agreed and stated trying to provide visibility for all the
tenant spaces is very important.
By a consensus, the Council clarified that this item will be brought
back to the Council for adoption at a future date.
JOB TRAINING PARTNERSHIP ACT (JTPA) ORGANIZATIONAL STRUCTURE (710-60)
The Staff Report explained that in the past, the State of California
took action to require that the Board of Supervisors act as the
elected body for all Job Training Partnership Act programs in the
County, except for the City of Oakland. Prior to this action,
programs were handled by ACTEB. The City's representative on ACTEB
was Cm. Moffatt. Elected officials who served on the ACTEB Board have
been working with the County to identify a role for the jurisdictions
served by JTPA programs to have input into the policies, programs, and
funding distributions. The law requires the County to have a Private
Industry Council (PIC) which represents labor and service providers
and the community at large, and which acts as an advisory body to the
Board of Supervisors. The law does not require representation from
each City.
Cm. Moffatt requested that the City Council review the concepts
currently being discussed regarding the City's role in JTPA oversight,
and if the Council has a certain preference, provide him with
direction.
Cm. Moffatt stated he wanted to reaffirm that the City Council desires
to remain active in the now defunct ACTEB. The purpose of the program
is to provide training and service to unemployed, under-employed and
disadvantaged people in Alameda County. Money is funnelled down to
the program from the Department of Labor. He stated he felt the old
ACTEB group is to be reinstated.
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April 13, 1992
Mayor Snyder questioned if Berkeley would be back in the group.
Cm. Moffatt advised that they would.
Cm. Jeffery commented that she felt Option #5 regarding an annual
meeting between the Board of Supervisors, the Private Industry Council
and the cities was appropriate.
Mayor Snyder commented that he would hate to see the area lose control
of its own program at some future time.
Mayor Snyder stated he appreciated Cm. Moffatt's service in this
endeavor on behalf of the City of Dublin.
OTHER BUSINESS
Tri-Valley Joint Council Meeting (140-80)
City Manager Ambrose advised that the Tri-Valley Joint Council
discussion regarding growth management has been rescheduled to 7: 30
a.m. , on Monday, April 20th, here in the Regional Meeting Room.
Mr. Ambrose also advised that Dublin will be hosting the next meeting
of the Tri-Valley Joint Council and asked for possible dates and
locations.
By a consensus, the Council selected the date of Thursday, May 7th,
and asked Staff to check the availability of the Dublin Corral for the
event.
Dublin Boulevard Extension Proiect (600-30)
Mr. Ambrose advised that demolition work has begun on the Dublin
Boulevard Extension project. He asked if the Council was interested
in having a groundbreaking.
Mr. Thompson advised that the contractor is planning on starting next
Monday.
Cm. Jeffery advised that the Nielsen School dedication will be Friday
at 9 : 30 a.m. , and suggested having a groundbreaking either before or
after this event.
By a consensus, the Council selected the time of 10: 30 a.m. , on
Friday, April 17th for the groundbreaking.
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West Dublin Meetings (420-30)
Planning Director Tong advised that it is anticipated that the
Planning Commission will be making their recommendations to the City
Council on the West Dublin General Plan Amendment Study on April 20th.
He requested that the Council schedule 2 meeting dates for
consideration of this study.
By a consensus, the Council selected the dates of Tuesday, May 12th
and Thursday, May 14th to hold the special meetings. Both meetings
will begin at 7 : 30 p.m. , in the Council Chambers.
City of San Ramon Project (420-50)
Cm. Jeffery gave a brief report on San Ramon's Kodak/Village Parkway
situation and advised that the City has a funnel for expressing
concerns. She thought there is now an agreement to not realign
Village Parkway, but rather to have it go straight. Of major concern
is the fact that there are rumors all over the place. They estimate
that there will be at least 30 drafts, so we will have ample
opportunity to comment and express concerns.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 9 : 30 p.m.
Mayor
ATTEST:
City Clerk
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