HomeMy WebLinkAboutItem 4.01 Draft Minutes 11-8-00REGULAR MEETING - November 8, 2000
A regular meeting of the Dublin City Council was held on Wednesday, November 8,
2000, in the Council Chambers of the Dublin Civic Center. The meeting was called to
order at 7:07 p.m., by Mayor Houston.
ROLL CALL
PRESENT:
ABSENT:
Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and
Mayor Houston.
None.
PLEDGE OF ALLEGIANCE
Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the
flag.
CLOSED SESSION
7:08 p.m. 10.1 (640~30)
The Council recessed to a closed session to consult with Legal Counsel - Anticipated
Litigation - significant exposure to litigation pursuant to subdivision (b) of Government
Code 5495G.9 ~ ONE potential case. Facts and circumstances: Receipt of claims dated
July 14 and August S0, 2000 from Goodland Landscape Construction, Inc., related to
Emerald Glen Park, Phase I.
REPORT ON CLOSED SESSION ACTION
At 7:25 p.m., the Council meeting reconvened with all Councilmembers present. Mayor
Houston announced that there was no reportable action.
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APPOINTMENTS TO
ART SELECTION COMMITTEE ~ FREEWAY UNDERPASS ART PROJECT
7:25 p.m. 3.1 (110-30)
The Freeway Underpass Art Project calls for the appointment of an Art Selection
Committee. The Committee is to consist of 2 members from the business community, 2
members from the community at large, 2 representatives from the Heritage & Cultural
Arts Commission, and 1 representative from the City Council.
A total of 11 applications were received. Mayor Houston announced his appointments:
Business Community Representatives: Rick Camacho and Sawson Wolski
Community at Large Representatives: Lauren Abrams~Navas and Patricia Nassar
Heritage & Cultural Arts Commission: Judy Lussie and Betsy Zajack
Mayor Houston requested that the City Council consider adding 2 more people in the
community members section because we are a little skimpy in that area. This would
mean a total of 4 community representatives.
Cm. McCormick recommended that Vice Mayor Lockhart be on the committee and Vice
Mayor Lockhart stated she would like to do it.
Business community members Sawson and Camacho stated they are looking forward to
serving on this. Mr. Camacho pointed out that this is the only city in the area that is
considering doing this.
On motion of Mayor Houston, seconded by Cm. Zika, and by unanimous vote, the
Council confirmed the Mayor's appointments to the Art Selection Committee, added Vice
Mayor Lockhart as the Council representative and agreed that the item would come back
at the next meeting for appointment of 2 additional community members.
7:30 p.m.
Shawn Costello congratulated Mayor Houston for winning the election. He stated he felt
we ought to have someone like himself appointed to go around to businesses to make sure
all their security lights are working. Across the street from this building, he had a
traumatic experience and flew out of his wheelchair. He banged open his head and had
blood all over the street. He came over here and called 911 from our front door. As City
Councilmembers it is their duty to make sure that all access is lighted around the
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businesses. He asked that the City go after the guys across the street to make sure their
placeis properly lit. At the last Mayor's debate, he was asked why he didn't go down the
sidewalk. He stated this is worse. Please get on to the people fixing the freeway to fix
this now and replace the sidewalk now so that wheelchair people like himself can go
down the sidewalks without falling out of their wheelchairs. It is important to remember
that it is not just you guys going down the street in their cars.
7:35 p.m.
Mark Breazeal congratulated all the winners in the election. He wished everyone luck in
getting all our goals accomplished. There are some serious issues we need to address.
7:36 p.m.
Frank Ruskey congratulated everybody. He stated he doesn't come to much meetings and
that means the entire City Council is doing a fantastic job. He wanted to discuss two
areas of concern. They think it is now time for the City to split off into districts and that
way all of the City is represented. We don~t have proper representation now. Primarily,
the population is about 70% from the west and 30% from the east. He stated he just
wants this considered.
Mr. Ruskey stated a second item of concern is low income housing. Pleasanton,
Livermore and all the other cities, when they have developments, a percentage is set aside
for low income housing. Dublin sets aside money, which is okay. The only thing is we
have run into problems already with low income housing and people getting evicted. He
doesn't want this to happen. We have $4 Vz million set aside for this. When will the
Council let the community know what they are going to do with the money?
Mayor Houston stated a report will be coming back in February. One of the topics of the
report will be types and where we want to distribute money, and at that time they will
whittle down the list of options.
Mr. Ruskey asked what will be low income housing in February? We seem to be losing
apartments. He asked if the City wants input from seniors or poor people?
Mayor Houston stated the Council would welcome input from everyone.
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CONSENT CALENDAR
7:42 p.m. Items 4.1 through 4.14
Cm. Zika pulled Item 4.3. Vice Mayor Lockhart pulled Items 4.4 and 4.9.
On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous
vote, the Council took the following actions:
Approved (4.1) Minutes of Regular Meeting of October 17, 2000;
Adopted (4.2 600~30)
RESOLUTION NO. 185- 00
APPROVING AGREEMENT WITH TREADWELL AND ROLLO, INC.,
FOR CONSULTING SERVICES -'FIRE STATION
(PHASE IENVIRONMENTAL SITE ASSESSMENT)
(Not to Exceed $3,500)
Adopted (4.5 600~35)
RESOLUTION NO. 186- 00
AWARDING CONTRACT 00-13
STREET NAME IDENTIFICATION SIGN REPLACEMENT
TO FARWEST SAFETY ($24,510)
Received (4.6 320~30) the City Treasurer's Investment Report for the 1st Quarter of FY
2000-2001 showing the City's investment portfolio totaling $54,426,808 (cost basis)
with funds during the Ist quarter invested at an average yield of 6.40%;
Received (4.7 320-30) Report recommending no changes to the Annual Investment
Policy at this time;
Received (4.8 330~ 50) Preliminary Financial Reports for the month of September 2000;
Approved (4.10 600~30) a contract with BJY Inc., for Building & Safety Services and
authorized the Mayor to execute the Agreement;
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Approved (4.11 600~35) Contract 99~13 Change Orders and a Budget Change for NV
Heathorn, Inc., General Contractors, Civic Center Renovation/Expansion;
Adopted (4.12 700-20)
RESOLUTION NO. 187- 00
and
AMENDING THE CLASSIFICATION PLAN
(SENIOR ADMINISTRATIVE ANALYST)
RESOLUTION NO. 188- 00
Approved (4.13
2000-2001;
Approved (4.14
AMENDING THE SALARY PLAN
(SENIOR ADMINISTRATIVE ANALYST)
330'20) Budget Changes for carryovers from FY 1999-2000 to FY
300~40) the Warrant Register in the amount of $1,201,150.98.
Cm. Zika pulled Item 4.3. He stated he understood that a Volunteer Fire District in
Casper has asked to purchase a surplus fire vehicle and they said they could afford to pay
$500. He stated in talking to our Fire Department, he learned that it is not compatible
with state law so an organized fire department can't use it. He suggested we just donate
it and have them sign a release.
Cm. McCormick expressed agreement. This is a great idea.
Mayor Houston asked if we can legally make this a gift.
City Attorney Silver stated there is no written policy. It is just practice to send surplus
items for bid. The other issue is whether it is a gift of public funds. She stated if it is to
be used in public service and for a public purpose, this fire truck would require
maintenance if it remains with the City. Also, the Chester Fire Department could
potentially help out in a mutual aid situation.
Jason Behrmann stated we didn't attempt to start it up, but there were many birds nesting
in the ladder. It is sitting out at Santa Rita. It has been inactive for a number of years.
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Mayor Houston stated he would volunteer to drive it to them.
On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the
Council agreed to give the truck to the Chester Fire Protection District in Northern
California, and request that they sign a waiver (4.3 350~40).
Vice Mayor Lockhart pulled Item 4.4 and stated in doing the math year by year for the
SRO position, she questioned what happens beyond year three?
Mr. Ambrose stated we are responsible for carrying the position one more year.
Administrative Analyst Amy Cunningham stated there is no agreement for the DUSD to
pay for the fourth year.
Vice Mayor Lockhart asked if we can combine grants or if there are other resources for
SROs.
Mr. Ambrose stated there could be.
Chief Gary Thuman advised that typically there are other grant funds available, but you
usually can't supplement an existing position with grant funds. The COPS grants
usually allocate for additional positions above current staffing levels.
Cm. Zika asked if the grant asks the School District to fund part of this?
Chief Thuman stated this is based on a partnership between the City and the School
District for the first :3 years.
On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous
vote, the Council adopted (4.4 580~40)
RESOLUTION NO. 189- 00
ACCEPTANCE OF UNITED STATES, DEPARTMENT OF JUSTICE,
OFFICE OF COMMUNITY ORIENTED POLICING SERVICES,
COPS IN SCHOOL AWARD GRANT ($125,000)
SCHOOL RESOURCE OFFICER
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Vice Mayor Lockhart pulled Item 4.9, the Goals & Objectives Status Report, and stated
these reports are greatly appreciated. She asked questions about waste management. #4
discuss project with Camp Parks... prelim discussions have taken place and waiting for
· .. when did we last pursue this and what is next step.
Jason Behrmann stated he was at Camp Parks yesterday talking to them. They have a lot
of projects on their plate right now so would like to set up a time to talk in January.
Alameda County Waste Management staff will be included in these discussions.
Vice Mayor Lockhart admin guidelines procurement policy. Do we have catalogs or
sources for ordering this material?
Mr. Behrmann stated yes, and we are just getting ready to train our Staff. Copy paper
and letterhead is now being recycled paper used.
Vice Mayor Lockhart evaluate effectiveness of purchasing 64 gallon recycling carts. The
first month indicates 37% increase in the collecting of recyclables. She hears a lot from
the community about how great this is for everyone.
On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the
Council received (4.9 100-80) a Status Report of the 2000~2001 Goals & Objectives as
of October 31, 2000, as well as an updated schedule of the City's .Capital Improvement
Program·
PUBLIC HEARING
EMERALD GLEN VILLAGE CENTER DEVELOPMENT AGREEMENT PA 00-003
7:58 p.m. 6.1 (600~60)
Mayor Houston opened the public hearing.
Community Development Director Eddie Peabody advised that this is the second reading
of an Ordinance approving a Development Agreement between Shea Properties, LLC,
Alameda County Surplus Property Authority and the City of Dublin for the Emerald Glen
Village Center project, located at the northwest corner of Dublin Boulevard and Tassajara
Road within the Eastern Dublin Specific Plan area. The project proposes a mixed-use
development, including a 134,025 square foot neighborhood shopping center, 390
multi~family apartment units, structured and surface parking, landscaping and related
improvements.
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Shawn Costello asked if we have adequate sidewalk ideas and adequate ways that you
may want to allow wheelchairs to cross in these certain things. He noticed if you go over
to Stoneridge Mall, you have to drive through the whole parking lot to get to the mall. Is
it wheelchair accessible?
ML Peabody stated this project has sidewalks along all the major streets and the multi-
family project will be built to ADA standards.
Mr. Costello asked about automatic doors.
Mr. Peabody stated one part of the project is a shopping center. The other uses have not
yet been identified. It will probably be similar to Hacienda Crossings.
Mr. Costello stated he noticed that in this building we don't have one and we should have
one. He wanted to make sure the wheelchair community is going to be recognized in this
particular thing. He stated he would like to be there to help supervise it.
Mayor Houston closed the public hearing.
On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous
vote, the Council waived the reading and adopted
ORDINANCE NO. 22 - 00
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN, SHEA PROPERTIES, LLC (PA 00-003) AND
THE ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
FOR EMERALD GLEN VILLAGE CENTER
MARRIOTT SPRINGHILL SUITES SITE DEVELOPMENT REVIEW
8:02 p.m. 8.1 (410~30)
Hanning Consultant Michael Porto presented the Staff Report and advised that Marriott is
seeking approval of a Site Development Review for a 214 room, 4 story suites hotel to be
located on a 4.58 acre site north of AutoNation/Shamrock Ford and west of the existing
Extended Stay Hotel.
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Mr. Porto advised that on October Z4, ZOO0, the Planning Commission held a public
hearing and unanimously approved the CUP.
Mr. Porto discussed the background of the project, the Environmental Review, the Site
Plan, Building Elevations, Building Materials and Colors, Compatibility with Surrounding
Uses, Landscaping Plan, and Project Signage.
In summary, Mr. Porto stated the Architect has created a design for this project that
minimizes the impact to the adjacent residential development and augments the existing
developments in the general vicinity of the property. The building design itself has a
considerable amount of articulation and interest and will be an asset to the community.
The overall design of the project which was custom designed for the site, will be visually
pleasing and will complete development along this portion of Dublin Boulevard.
The proposed location for the Marriott Springhill Suites Hotel has been evaluated as part
of the Mitigated Negative Declaration for the Santa Rita Commercial Project (Hacienda
Crossings). This hotel meets the intent of the PD Zoning District for the Site and is
consistent with the City of Dublin's General Plan and Eastern Dublin Specific Plan.
Mr. Porto advised that Andy Layton with Marriott was present to address any specific
issues with regard to the operation of the facility.
Vice Mayor Lockhart stated it does improve the landscape to have trees, but asked what
kind of scale the trees will we have.
Mr. Porto discussed that they propose columnar trees around the edges and softer
colorful trees to fill in. There will also be a focal accent of palm trees near the front.
Vice Mayor Lockhart asked about blending with the commercial shopping center as
opposed to blending with the houses or Extended Stay.
Mr. Porto stated they talked about the need to break this up and to provide something
that transitions between commercial and residential. We asked them to look at this and
to have no rooms facing Dublin Boulevard. He discussed the housing elevations and
orientations. We tried to create views through the building. It is about 220' to the back
of the homes across the street from the hotel.
Vice Mayor Lockhart asked if the copper in the summertime will pose any problems with
the sun?
Mr. Porto stated it is not anodized or glazed and does not have a reflective surface.
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Mayor Houston stated he felt it looks great, even with the palm trees.
Cm. McCormick stated she felt it looks like it belongs at the Federal Correctional Facility.
It looks like any other Marriott.
Vice Mayor Lockhart asked what kind of conference and meeting rooms are included?
Mr. Layton stated there is a limited number of 1,000 to 1,500 square feet, and it is
designed primarily as meeting space for the guests. You could probably get 40 to 60
people in there.
Mr. Ambrose stated for perspective purposes, the Regional Meeting Room is about .1,500
square feet.
Vice Mayor Lockhart asked with regard to the wall mounted AVAC units, where will
these go?
Mr. Porto stated it is identical to Extended Stay and it is part of the lower part of the
window frame. It is the heating and air and ventilation systems all together.
Vice Mayor Lockhart asked how big the monument sign is.
Mr. Porto responded the big one on the corner is about 6' high and a little bump up with
an additional an 2'. Our ordinance allows 10'. An entry monument sign will be 4' high.
On motion of Mayor Houston, seconded by Cm. Howard, and by majority vote, the
Council adopted
RESOLUTION NO. 190- 00
APPROVING'PA 00-008 SITE DEVELOPMENT REVIEW APPLICATION
FOR MARRIOTT INTERNATIONAL, SPRINGHILL SUITES HOTEL
Cm. McCormick abstained, stating aesthetic reasons.
REPORT ON STATUS OF PROPOSED ANNEXATIONS
8:22 p.m. 8.2 (620~20)
Community Development Director Eddie Peabody presented the Staff Report and
discussed the status of three proposed annexations now in progress. They represent the
majority of the area within the City's Sphere of Influence, which is not presently in the
City.
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Quarry Lane School ~ The Prezoning and Annexation is tentatively scheduled to be heard
by the City Council on November 21, 2000.
East Dublin - For the purposes of the Prezoning and Annexation requests, Shea Properties
(Applicant), is representing the 8 property owners. Shea Properties is preparing the
application submittal including land plans and is tentatively scheduled to submit this
material to the City is mid-November.
North Dublin ~ No definite schedule has been developed to date.
Cm. Zika asked what impact Measure D will have on any of this?
Mr. Peabody stated the areas affected by Measure D are those within our Sphere of
Influence, but not in the East Dublin Specific Plan. Approximately several hundred acres
will be within the Urban Limit Line by Measure D. The question will need to be
addressed when it reaches LAFCO when the request comes forward. The Moeller
property is affected.
Cm. Zika asked what extra hoops we will have to go through?
Mr. Peabody stated we still have to go through LAFCO and there is a new bill which
changes basically some of the actions by LAFCO in the future and one of the things they
will look at is Spheres of Influence and Urban Limit Lines.
Mr. Ambrose stated the issue is whether LAFCO will accept an application because it is
beyond the Urban Limit Line. This wasn't an issue prior to Measure D. These are county
properties until they are annexed to the City.
The City Council thanked Staff for the update.
HERITAGE AND CULTURAL ARTS COMMUNITY WORKSHOP
8:29 p.m. 8.3 (910-80)
Parks & Community Services Director Diane Lowart presented the Staff Report and
advised that in order to proceed with development of implementation strategies for the
long range plan for heritage and cultural arts, a professionally facilitated Heritage and
Cultural Arts Workshop is recommended.
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The purpose of the workshop is to:
1 ) Provide an opportunity for communication between the various historical and cultural
arts proponents within the City and identify each group's specific area of interest. 2)
Provide an overview of the Heritage and Cultural Arts Assessment. 3) Provide an
overview of Heritage and Cultural Arts Long Range Plan Draft and solicit input from the
groups. 4) Establish consensus for the plan. 5) Provide an opportunity for prioritizing
the goals and objectives of the plan.
Staff proposed that the workshop be conducted on a weekday evening and identified
possible dates of Wednesday, November 29th or Wednesday, December 6th. It was
pointed out that the Dublin Fine Arts Foundation would not be able to participate on
November 29th. Week of January 8th.
Ms. Lowart stated with regard to participants, Staff identified the following list of
potential participants:
City Council (2 ~ 5)
Heritage & Cultural Arts Commission (7)
Dublin Fine Arts Foundation (2)
Dublin Unified School District (2 ~ 5)
Dublin Historical Preservation Association (2)
Dublin Library (1)
Dublin Theatre Company (2)
Lynne Baer, Art Consultant (1)
In addition, Staff from the P&CS and Community Development Departments would also
be represented at the workshop.
Vice Mayor Lockhart felt using these guidelines we already have 25 people. She felt it is
important for all the Commissions to be there and she would like to have all the City
Council there to hear the input. She also expressed concern about the 4~9 p.m. time on a
weekday, as this is a most critical time for parents. We are limiting parents of school age
children from participating in something like this. She would prefer looking at doing
this on a weekend. She stated she felt perhaps doing this in January would be better.
Ms. Lowart stated if the City Council concurs with waiting until after the holidays, a
Saturday could indeed be considered.
Ms. Lowart clarified that Staffs original intent was not to have it an open public
workshop, but rather bring the players in and have them provide input on what's
proposed and then the next step would be to have the public come in and comment.
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Cm. McCormick stated she agreed with moving it to after the holidays and liked the idea
of a weekend also.
The figure of 20 to 30 would be everyone participating.
Cm. McCormick stated she would like to see entire City Council participate.
Staff agreed to come back to the Council with a couple of potential dates.
LETTER TO LEAGUE OF CALIFORNIA CITIES
ON STATEWIDE ISSUES RELATED TO RECENT U. S. FISH & WILDLIFE
CRITICAL HABITAT DETERMINATIONS FOR FEDERALLY LISTED
THREATENED AND ENDANGERED SPECIES ON CALIFORNIA CITIES
8:38 p.m. 8.4 (530~90)
Mayor Houston stated he asked that this issue be put on the agenda, but he felt the letter
is a little harsh.
The U. S. Fish & Wildlife Service recently designated Critical Habitat determination for a
number of species in California, which have encompassed large areas of the state. These
large areas have been designated for listed species without specific determination based
on proper studies, good science and the best scientific and commercial data available.
The result is that many cities, including Dublin, will have areas designated as Critical
Habitat that may not be occupied by the species and where the physical and biological
conditions necessary to preserve the species may not exist.
Staff drafted a letter to the League of California Cities asking that the League investigate
the impact of these recent Critical Habitat designations on California Cities. The
objective of the letter is to seek statewide evaluation of the methods for determining
reasonable rules for determining preservation of endangered species based on proper
studies and assessing the economic impact on California Cities.
Mayor Houston suggested adding verbiage in second paragraph. "Many communities in
the State, including Dublin, support the Endangered Species Act, but are affected by the
actions of this Agency. Development projects in these extended Critical Habitat areas
will have strict and potentially arbitrary design constraints placed upon them by the
Service as a result; with potential significant economic and environmentalconsequences
to those communities.
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In the first sentence of the third paragraph, the word "problem" should be changed to
"issue".
Cm. McCormick stated she would like us to go on record that we do support the
endangered species act.
Mayor Houston stated he felt we do, but it is the methodologies of how they are enforcing
it. He requested that verbiage be added to the end of the third paragraph, which
currently reads, "...The League of California Cities can provide an important service to
member communities by investigating the impact of these Federal mandates statewide,
and develop and determine methodologies [or preservation o[ endangered species based
on thorough stuch~s and assessing the economic and environmental impacts on
California Cities.
On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous
vote, the Council authorized the Mayor to sign the letter to the League of California Cities
with the changes discussed.
OTHER BUSINESS
8:47 p.m.
Mr. Ambrose advised that Staff has scheduled the Fasta Festival evaluation for the
November 21 st agenda. Any suggestions the Council has can be compiled in the report.
Mr. Ambrose reported on the status of the abatement of the nuisance on Crossridge Road.
Property owners have met the conditions and we have an executed agreement and they
have a financing plan that will be adequate to cover cost of construction as well as the
City's costs. The contractor commenced work this week. The agreements keep the City
in the driver's seat. We will hope for good things. The work is underway.
Mayor Houston stated a rumor is out there that he did the loan.
not in any way shape or form.
He clarified that he did
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Cm. McCormick thanked the Public Works Department for their work during the
campaign season. They were really busy and they did a really good job keeping our City
clean and safe.
Vice Mayor Lockhart stated she appreciates the fact that political signs stayed more under
control in our City than in others. She reminded everyone that as you get closer to
election day, there were signs showing up in the City's public right of ways. She
suggested that maybe we should look at the ordinance to see about possibly keeping the
signs, instead of releasing them and then having them go right back up. This is a
tremendous amount of work for Staff to pick them up.
Mayor Houston stated maybe we could say when Staff picks them up, they are considered
garbage.
Mark Breazeal stated there is more than one opinion on signs.
Mayor Houston clarified that this was for Council discussion only.
Mr. Ambrose advised that Staff was out every day taking signs down.
Mayor Houston congratulated all the candidates.
Cm. McCormick stated she heard from people who live behind Taco Bell complaining
about the canal. It is quite dirty and full of garbage. Perhaps this should be discussed
with Zone 7.
Vice Mayor Lockhart requested that a liaison meeting with Zone 7 be set up sometime in
December or January as there is a need to discuss a few issues. It is important to try and
consider some partnering with Zone 7.
Vice Mayor Lockhart advised that the Dublin Pride subcommittee has been looking at
some projects and she recommended putting Cm. McCormick on the Zone 7 liaison
committee also.
Mayor Houston stated he felt they can do this with the reorganization next month.
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Cm. McCormick reported that she had artended the Alameda County Library Commission
meeting and advised that they have a new updated logo.
Cm. Howard stated she has seen a lot of people using our new I~680 off-ramp to St.
Patrick Way; it is very convenient.
ADJOURNMENT
11.1
There being no further business to come before the Council, the meeting was adjourned
at 8:57 p.m.
ATTEST:
City Clerk
Mayor
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