HomeMy WebLinkAboutItem 4.01 DraftCC8-16&31-05 Min
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CLOSED SESSION
A closed session was held at 6:30 p.m., regarding:
1. 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: Councilmember McCormick &
Councilmember Oravetz Unrepresented Employee: City Attorney
·
A regular meeting of the Dublin City Council was held on Tuesday, August] 6, 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.
·
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the Council, Staff and those present.
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·
REPORT ON CLOSED 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.
·
YOUTII ADVISORY COMMITI'EE APPOINTMENTS
7:05 p.m. 3.1 (I 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 1 3 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
DeMiguel 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.
·
YOUTII ADVISORY PLANNING BOARD APPOINTMENTS TO THE TRI- VALLEY
ADOLESCENT HEALTH INITIATIVE COMMITfEE
7:08 p.m. 3.2 (I 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
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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 Z005 through
August Z006. 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 (170-30)
Assistant to the City Manager Julie Carter presented the Staff Report and advised that the
City obtained Genera] 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:Z 1 p.m. 3.4
Mr. Syed Bukhari, Dublin property owner, explained that he had made several attempts
with the Planning Department 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.
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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:Z5 p.m. Items 4.1 through 4.1 ]
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.Z 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.168-05
ADOPTING A RISK MANAGEMENT POLICY RESOLUTION
Received (4.5 3Z0-30) City Treasurer's Investment Report for 4th Quarter IT 2004-
2005;
Adopted (4.6 600~35)
RESOLUTION NO. 169-05
AWARDING CONTRACT NO. 05-08
Z004-Z005 ANNUAL SLURRY SEAL PROGRAM
TO VALLEY SLURRY SEAL COMPANY
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Adopted (4.7 600-35)
RESOLUTION NO.1 70-05
A W AWING CONTRACT NO. 05-10
DOLAN PARK PLAY AREA RENOVATION
TO G AND G BUILDERS INcorporated
and approved Budget Change in the amou nt of $] 8,] Z8;
Adopted (4.8 410-30)
RESOLUTION NO. 171-05
A RESOLUTION GRANTING THE APPEAL OF SAFE WAY, 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 BOULEV AW ASSESSOR PARCEL NUMBER 94 1-0305-010-02, PA 05-04
Adopted (4.10 600-35)
RESOLUTION NO.1 72-05
A W AWING 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 fo!' 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
idel1tify the type of bird and any alternatives to discou!'age the nesting. If this continued
to be a problem, Staff would increase maintenance.
City Manage!' Ambrose advised that Staff would need to coordinate with Caltrans if
structural modifications needed to be made to the underpass.
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On motion of Mayor Lockhart, seconded by Cm. McCormick and by unanimous vote, the
Council adopted
RESOLUTION 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:Z9 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 Shoppins 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 housins on this site.
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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.
.
PUBUC HEARING
AMENDMENT TO SECTION 7.04.420 OF ARTICLE 4 OF CHAPTER 7.04 OF TITLE 7
OF THE DUBUN MUNICIPAL CODE, REPAIR OF SIDEWALKS - REPORTING DEFECTS
7:46 p.m. 6.] (8Z0-10/820-40)
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.
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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 hazard 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 pu blic 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 or 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, DEFINING THE FAILURE TO SO MAINTAIN PUBLIC SlDEWALK..<; 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
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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 allowins medical marijuana dispensaries does not harm the public
health, safety and welfare, issuins 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.
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Cm. McCormick asked if there was the choice to allow dispensaries 01' 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 ZO, 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 (CIP) 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.
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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 SCARLETT COURT ACCESS TO
DUBLIN BOULEVARD LIMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM
DUBLIN BOULEVARD TO SCARLE'IT COURT ELIMINATED - TEJINDAR P. AND
RAJINDAR K. SINGH, PROPERTY OWNERS
.
WILDFLOWER PLANTING ALONG 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, ZOOS, 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 $2Z,040; and authorized
Staff to solicit informal bids for discing and hydroseeding.
.
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VILLAGE SITE IDENTIFICATION AND RECOMMENDED ACTION PLAN. fA 04-025
8:38 p.m. 7.Z
(410-20)
Associate Planner Jeff Baker presented the Staff Report and indicated that, as a part of the
1 O~year Strategic Plan, Council jnstructed 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 LEED (Leadership in
EnerS}' and Environmental Design) requirements.
Assistant City Manager Joni Pattillo indicated that this would be the first LEED "Silver"
rated building.
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On motion of Cm. Hildenbrand, seconded by Vm. Zika and by unanimous vote, the
Council adopted
RESOLUTION NO. 175-05
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 AUTIIORITY 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
certain provisions of the ] 993 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)
.
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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 $] 1,900.
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 Z9th 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.
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.
CLOSED 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.
Janet Lockhart, Mayor
ATTEST:
Fawn Holman, City Clerk
.~
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MINUTES OF mE CITÝCOUNC~
OF mE cITÝ OF DUBLIN
SPECIAL MEETING - AUGUST S 1. 2005
A special meeting of the Dublin City Council was held on Wednesday, August 31, 2005,
in the Council Chambers of the Dublin Civic Center. The meeting was called to order at
5:34 p.m., by Mayor Lockhart.
.
ROLL CALL
PRESENT: Council members Hildenbrand, McCormick, Oravetz and Zika,
and Mayor Lockhart.
ABSENT: None.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Exposure to litigation pursuant to Government Code section 54956.9, subdivision b(1)
(two potential cases): Police response to call for service on 3000 block of Innisbrook
Lane on August 11, ZOOS.
REPORT OF CLOSED SESSION ACTION
Mayor Lockhart announced that there was no action taken.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned
at 6:20 p.m. The reZular meeting of September 6, ZOOS, beinz cancelled, the next
regular City Council meeting would be held Tuesday, September 20, 2005
Mayor
ATTEST:
City Clerk
CITY COUNCIL MINUTES
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August 31,2005
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