HomeMy WebLinkAbout4.01 Draft CC 03-06-2007 Min
DRAFT
MINUTES OF THE cITY COUNCIL
OF THE cITY OF DUBLIN
REGULAR MEETING - MARCH 6. 2007
CLOSED SESSION - None
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A regular meeting of the Dublin City Council was held on Tuesday, March 6, 2007, in
the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:00 p.m., by Mayor Lockhart.
ROLL CALL
PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor
Lockhart.
ABSENT: None
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PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the Council, Staff and those present.
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ORAL COMMUNICATIONS
Recognize the Participants of the 2006-2007 Dublin Leadership Academy
7:00 p.m. 3.1 (150-80)
Assistant City Manager Joni Pattillo presented the Staff Report and advised that the
Dublin Leadership Academy, an II-week program, was designed to inform participants
about the issues facing the community, and to encourage community involvement at all
levels. The last class for the third Dublin Leadership Academy was held on March 1,
2007, with 19 participants completing the class.
DUBLIN CITY COUNCIL MINUTES
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March 6, 2007
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The following participants were awarded a certificate of completion: Robert Boboc,
Michelle Briggs, Kyle Chuah, Pat Donovan, Al Edge, Richard Guarienti, Jennifer Henry,
Zev Kahn, Ted Lawrence, Angela Muetterties, Terri NubIa, Esther Saling, Evelyn Santos,
Bill Schaub, Catherine Stillwell, Greg Tomlinson, Lisa Trujillo, Brent Wood and Beth
Wood.
The Council congratulated the graduating class of the 2006-2007 Dublin Leadership
Academy.
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Presentation from
Dublin Branch Manager Lee Jouthas on the "Dublin Reads" Proiect
7:07 p.m. 3.2 (940-50)
Dublin Branch Manager Lee Jouthas made a presentation on the proposed Dublin Reads
project sponsored by the Dublin Library, as outlined in the Staff Report, and asked for
the Council's support.
Vm. Hildenbrand asked about the reading level of the children's book and school
participation in the program.
Ms. Jouthas replied that the children's book was a fourth grade reading level. There
would be efforts made to include school participation.
Cm. Sbranti stated that this could be a yearly program within Dublin, not just a one-time
event.
Ms. Jouthas commented that Library Staff had discussed the possibility of this becoming
an annual event.
The City Council directed Staff to support the "Dublin Reads" project, as outlined in the
Staff Report.
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DUBLIN CITY COUNCIL MINUTES
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March 6, 2007
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Public Comments
7:19 p.m. 3.3
Maureen Cornejo, Dublin resident, read a letter previously distributed to Council from
the American Cancer Society regarding the "Relay for Life" event. She requested that
Council and Staff assist Relay for Life Staff to ensure the event followed City codes and
ordinances, and help promote the event in the community. The event was scheduled for
June 23 and 24, 2007, at Wells Middle School.
Mayor Lockhart noted that this was a Public Comment item and requested Staff to bring
this item back to the next Council meeting for action.
The Council concurred.
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CONSENT CALENDAR
7:22 p.m. Items 4.1 through 4.10
On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the
Council took the following actions:
Approved (4.1) Minutes of the Special Meeting of February 10,2007;
Adopted (4.2 430-20)
RESOLUTION NO. 21 - 07
AUTHORIZING APPLICATION FOR
WORKFORCE HOUSING REWARD GRANT
and authorized the City Manager to execute the application.
Adopted (4.3 540-50)
RESOLUTION NO. 22 - 07
DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE
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AND ORDERING THE ABATEMENT THEREOF
and directed Staff to notify the public, and schedule a Public Hearing for April 17, 2007,
to hear and consider objections to abatement order.
Adopted (4.4 600 - 3 5)
RESOLUTION NO. 23 - 07
ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS
DEEMED TO BE PEDESTRIAN HAZARDS
(CITY -FUNDED REPAIR PROGRAM)
Adopted (4.5 600-60)
RESOLUTION NO. 24 - 07
APPROVING FINAL MAP AND TRACT IMPROVEMENT
AGREEMENT FOR TRACT 7646
and
RESOLUTION NO. 25 - 07
ACCEPTING PARKLAND
DEDICATION AND CREDITS FOR TRACT 7646
Waived second reading (4.6 450-30/420-30/410-55) and adopted
ORDINANCE NO.2 - 07
AMENDING THE ZONING MAP TO REZONE A 184.1 ACRE AREA KNOWN AS DUBLIN
RANCH WEST/WALLIS RANCH TO PD-PLANNED DEVELOPMENT AND APPROVING A
RELATED AMENDED STAGE 1 DEVELOPMENT PLAN AND A RELATED STAGE 2
DEVELOPMENT PLAN
PA 05-051
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Adopted (4.7 320-30)
RESOLUTION NO. 26 - 07
AUTHORIZING INVESTMENT OF MONIES IN THE
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF)
Adopted (4.8 720-30)
RESOLUTION NO. 27 - 07
AMENDMENT TO THE ICMA RETIREMENT CORPORATION
457 PLAN AND TRUST
Adopted (4.9 720-30)
RESOLUTION NO. 28 - 07
AMENDMENT TO THE ICMA RETIREMENT CORPORATION 401 (A) GOVERNMENTAL
MONEY PURCHASE PLAN AND TRUST
Approved (4.10 300-40) the Warrant Register in the amount of $6,075,286.63.
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WRITTEN COMMUNICATIONS - None
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PUBLIC HEARINGS
Public Hearing
Proposed Ordinance Repealing and Replacing the Density Bonus Regulations
7:23 p.m. 6.1 (610-20)
Mayor Lockhart opened the public hearing.
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Senior Planner Jeff Baker and Associate City Attorney Leah Peachey presented the Staff
Report and advised that the City Council would consider adopting an Ordinance
repealing Chapter 8.52 of the Dublin Municipal Code (Zoning Ordinance) and adding
Chapter 8.52 of the Dublin Municipal Code related to Density Bonus Regulations.
Mayor Lockhart asked if, regarding the Child Care facility issue, did it have to be in
operation for the State-mandated 30 years or could it be a different number of years.
Associate City Attorney Peachey replied it did have to be 30 years because the restriction
term for the moderate, low and very low income units was also 30 years.
The Council and Staff discussed the bond and pro forma required to guarantee the child
care facility operated for 30 years, and the possibility of City Staff working with any
interested party to make the requirements less prohibitive. The process should not be so
cumbersome as to discourage interest.
City Attorney Elizabeth Silver clarified the Density Bonus would only apply if a
developer proposed the maximum number of units.
Cm. Sbranti asked if any developer had taken advantage of the City's current Density
Bonus and what were the differences, now, versus the proposed regulations.
Senior Planner Baker stated that to-date only one developer had taken advantage of the
Density Bonus and that was at Fairway Ranch.
Associate City Attorney Peachey stated the differences were mainly in relation to the
amount of units that triggered the Density Bonus and the incremental increases for each
density bonus. The qualifying lower income restriction was presently between 15% and
20%, and the proposed percentage was 10%. The maximum allowable Density Bonus
was presently 25% and the proposed percentage was 35%.
City Attorney Silver added that the concept of the Density Bonus had not changed; the
State legislature was just revising it. With the Fairway Ranch project there had been an
additional 186 units as a result of the Density Bonus. The total project was 930 units.
Cm. Scholz asked if, in relation to dispersion throughout the development and size, the
units in the Density Bonus had to be similar to the market rate units.
Associate City Attorney Peachey confirmed that the Density Bonus units did have to be
similar to the market rate units.
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DRAFT
No testimony was received by any member of the public relative to this issue.
Mayor Lockhart closed the public hearing.
On motion of Cm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the Council
waived the reading and INTRODUCED the Ordinance repealing Chapter 8.52 of the
Dublin Municipal Code and Adding Chapter 8.52 of the Dublin Municipal Code
(Zoning Ordinance) relating to Density Bonus Regulations.
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Public Hearing
Adopt Mitigated Negative Declaration for the
Scarlett Drive/Iron Horse Trail Extension Project and
Authorize Preparation of Proposed Alignment of Public Improvements
7:41 p.m. 6.2 (820-90)
Mayor Lockhart opened the public hearing.
Public Works Director Melissa Morton presented the Staff Report and advised that a
Mitigated Negative Declaration had been prepared for the Capital Improvement
Program Project, Scarlett Drive/Iron Horse Trail Extension. This project would extend
Scarlett Drive, and relocate and enhance a portion of the Iron Horse Trail as a
connection between Dougherty Road and Dublin Boulevard (within the old Southern
Pacific Railroad Right-of- Way corridor).
Natalina Bernardi, Principle at BKF Engineers, presented an overview of the Scarlett
Drive Improvement project which included the objectives of the project, project elements
and a summary of the environmental document that supported the project.
John Schwarz, Principle Project Manager, DavidJ. Powers and Associates, Inc., presented
a brief overview of the approach and findings of the environmental analysis for this
project.
Mayor Lockhart asked specifically about the feedback received from the Army regarding
the project.
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Mr. Schwarz stated the Army intended to enter into land discussions with another entity,
and anticipated disposing of, or trading, the property required by the City before the
City's project was started. Because the source of funding for the project would not be
federal, and by then the land would not be federally owned, there would be no need for
National Environmental Policy Act (NEPA) review. The required documentation would
be different if the land was still owned by the Army, if and when acquired by the City.
Mayor Lockhart asked if the Army had given any timeframe for their anticipated land
deal.
Public Works Director Morton stated that the issuance of the NEPA document to declare
the property excess was due any time for public comment. The initial NEP A document
was just that, discussion on the land swap. It was not a NEPA document to analyze the
environmental impacts of a development project on the parcel. That would happen as
part of the entitlement process. In addition, if for any reason the Army did not end up
pursuing the land swap option, that process would be over in a reasonable timeframe as
to pursue a NEPA document for the City to acquire the right-of-way.
City Manager Ambrose clarified that this project would be funded by $5 million of
Measure B Sales Tax Project funds and Traffic Impact Fees.
Mayor Lockhart asked if agencies would get another opportunity to reVIew the
environment document.
Public Works Director Morton responded that they would not have another opportunity,
but if there were issues, they would be addressed as part of the regular regulatory
permitting process.
Rich Guarienti, Dublin resident, complimented Staff on a thorough environmental
document. He expressed concern about putting creeks into tunnels and filling in
drainage areas. He inquired as to why the City of Dublin did not have a land
preservation bank. He believed the proposed mitigations of the project would minimize
the impacts. He suggested the Iron Horse Trail be detoured at the same time work was
being done by the City.
City Manager Ambrose clarified that the trail was built by the County, not the City.
Public Works Director Morton commented the-entire project would be built at once and
the trail would only be closed as needed.
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Gilbert Sacramento, Dublin resident on Scarlett Court, expressed his concern the project
would have on safety, increased noise and the value of his home. He was also concerned
there would be more traffic and noise, especially at night. He asked if there would be a
traffic light at Houston Place and if there was a proposal to extend the road further
north, away from the houses. He inquired about the proposed speed limit.
Public Works Director Morton stated the design speed was 35 MPH, but could change
based on traffic studies.
The Mayor explained that the project had been in the works for seven years and the
developer of nearby homes was informed of this and positioned the houses with the
project in mind. With the added transit and landscaping, the value of homes in the area
should increase.
Mayor Lockhart closed the public hearing.
On motion of Vm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the
Council adopted
RESOLUTION NO. 29 - 07
APPROVING THE MITIGATED NEGATIVE DECLARATION FOR THE
SCARLETT DRIVE / IRON HORSE TRAIL EXTENSION PROJECT AND
AUTHORIZING PREPARATION OF A PRECISE PLAN ALIGNMENT
OF THE PROPOSED IMPROVEMENTS
and authorized Staff to prepare a Precise Plan Alignment for the Scarlett Drive/Iron
Horse Trail Extension between Dublin Boulevard and Dougherty Road for review and
action by the Planning Commission and City Council.
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Public Hearing
Peddlers and
Solicitors Ordinance and Charitable Solicitation and Sales Ordinance
8:13 p.m. 6.3 (585-60)
Mayor Lockhart opened the public hearing.
Associate City Attorney Leah Peachey presented the Staff Report and advised that a
comprehensive update of the Dublin Municipal Code (DMC) was currently underway.
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This was a second review of Chapter 4.16 which established regulations related to
peddlers and solicitors within the City of Dublin. The proposed Ordinances included the
City Council's comments and direction provided to Staff at the February 6, 2007,
meeting. Both Ordinances served the City's interest in protecting the public health,
safety and welfare against unlawful activities or operations by fraudulent individuals
and from criminal activity including fraud and burglary.
Cm. Sbranti asked if someone dropping off unsolicited information at a home would
need a permit.
Associate Attorney Peachey confirmed that they would need a permit.
City Attorney Silver added that the current Ordinance required a permit for anyone
dropping off solicitation for sales. The Ordinance was enforced on a complaint basis
and that had not changed.
Cm. Scholz asked under what category political candidates soliciting signatures for
election would fall.
Associate Attorney Peachey responded that, as long as the candidate was not soliciting
funds, the candidate would fall under the category of those persons engaged purely in
First Amendment speech, and would not require a permit.
Mayor Lockhart asked which category organizations that left cards soliciting charitable
donations would fall.
Associate Attorney Leah Peachey stated that the organization would fall into the
Charitable Solicitation Ordinance. If the organization was from Dublin, they might have
a more relaxed permit process; however, if they were not Dublin-based, they would be
required to provide a letter from the organization seeking donations, vehicle description
information, and a photo identification of each person going door-to-door soliciting
donations. Dublin Police Services might not be as familiar with out of town
organizations and this would help Police Services in issuing a permit.
Vm. Hildenbrand asked if there would be community outreach to organizations
regarding these new permit requirements.
Senior Administrative Analyst Amy Cunningham stated that there would be outreach to
schools and groups that were active in the community. Police Services had lists of area
organizations.
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The Council and Staff discussed possibilities for blanket permits for Dublin school
fundraisers, each school having to apply yearly, or not having to apply at all.
Senior Administrative Analyst Cunningham stated that the Ordinance was written in a
manner as to allow for any of the options mentioned by the Council.
Cm. Sbranti suggested discussing the new permit requirements with the Dublin Unified
School District (DUSD) at an upcoming meeting.
Mayor Lockhart asked if names and phone numbers would be on solicitor permits that
might need to be provided to the public upon request.
Senior Administrative Analyst Cunningham stated that phone numbers would not be on
permits provided at the public's request, only on applications for such permits.
No testimony was received by any member of the public relative to this issue.
Mayor Lockhart closed the public hearing.
On motion of Vm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the
Council waived the reading and INTRODUCED the Ordinances Amending Chapter 4.16
of the Dublin Municipal Code relating to Peddlers and Solicitors; and Adding Chapter
4.18 to the Dublin Municipal Code Relating to Charitable Solicitation and Sales.
....
UNFINISHED BUSINESS
Campbell Green
(formerly Village Green) Alternative Play Structures, PA03-058
8:45p.m. 7.1 (350-20/410-30)
Associate Planner Marnie Nuccio presented the Staff Report and advised that the City
Council would review and consider an alternative play structure for a play dome for the
Campbell Green (formerly Village Green) I-acre open space area located within Dublin
Transit Center Site B 2, Avalon @ Dublin Station.
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On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the City
Council provided direction to Staff as to the preferred play structure, Alternative A, the
turtle, for Campbell Green and directed Staff to process a Site Development Review
Waiver as appropriate.
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Area G Neighborhood Square - Design Presentation
8:50 p.m. 7.2 (600-30)
Vm. Hildenbrand advised that she owned a home across the street from the Area G
Square and, as such, recused herself and left the dais.
Cm. Sbranti also advised that he owned a home across the street from the Area G Square
and, as such, recused himself and left the dais.
Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report
regarding the preferred Alternative for the 2-acre Neighborhood Square in Area G
located at the intersection of Finnian Way and Chancery Way and advised that Staff was
seeking approval of the plan and authorization to begin construction documents.
Peter Callandar, Callander Associates, presented the design concepts that were initially
shown to the Parks & Community Services Commission, as well as the Commission's
preferred alternative.
Mayor Lockhart asked if the proposed plantings would smell good, thus adding another
dimension to the park.
Parks and Facilities Development Manager Lichtenstein replied that they would. Staff
would look later at the possibility and budgeting of an arbor and would bring it back to
Council at the time of document approval.
On motion of Cm. Oravetz, seconded by Cm. Scholz and by majority vote (Cm. Sbranti
and Vm. Hildenbrand abstained), the City Council selected the recommended preferred
alternative titled "Spherical Intersections"; and authorized Staff to prepare construction
documents.
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RECESS
9:04 p.m.
Mayor Lockhart called for a brief recess. The meeting reconvened at 9:09 p.m. with all
Councilmembers present.
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Dublin Pride - Integrity in Action Program
9:09 p.m. 7.3 (130-30)
Parks & Community Services Director Lowart presented the Staff Report and advised that
the City Council would consider the recommendation of the Parks and Community
Services Commission on how the Dublin Pride - Integrity in Action program could be
incorporated into City programs.
Cm. Oravetz asked if there were other cities doing similar programs and if there was a
way to measure the success of the program.
Parks & Community Services Director Lowart confirmed that neighboring cities had
similar programs and felt that the answer to the question of the ability to measure
success should be addressed by those directly involved with the program.
Dublin Unified School District (DUSD) Superintendent Stephen Hanke addressed the
Council and recalled a recent experience of polite, respectful interactions with Dublin
school children, in relation to witnessing success of the program. The Dublin Pride
Committee had also discussed the ability to measure results and he would be willing to
return at a later date to discuss the outcomes of the program. He thanked the City for
partnering with the DUSD and wanted to support the recommendation of City Staff on
this item and challenged the City, along with the DUSD, to stay involved with the
committee and look for additional ways to incorporate the program into City programs.
An important program like this deserved financial support from the City.
Mayor Lockhart commented that she noticed a difference in the respectful actions of
students at two Dublin schools she had recently visited. She also thanked those
Councilmembers involved in the program.
Vm. Hildenbrand commented that the program also helped with conflict resolution
among students.
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Cm. Sbranti stated that many City organizations supported the program and noted the
integration of the program into youth sports.
Cm. Oravetz asked for a report on measured results at the end of a designated period.
The Council discussed the difficulty in being able to measure the success of such a
program. The important fact was that it was a program in action. This program was
trying to provide a community of character and incorporate it into the foundation of the
learning of Dublin children, as well as adults. There would be ways to measure the
program as it continued.
On motion of Cm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City
Council directed Staff to implement the Dublin Pride - Integrity in Action program; and
approved the Budget Change.
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Authorize the
Filing of a Grant Application for Federal Surface Transportation
Program and/or Congestion Mitigation and Air Quality Improvement
Funding and Committing the Necessary Local Match for the Projects
and Stating the Assurance of the City of Dublin to Complete the Projects
9:32 p.m. 7.4 0060-90)
Public Works Director Melissa Morton presented the Staff Report and advised that, in
order to receive $3 million of federal funds for the East and West Dublin BART Station
Corridor Enhancement projects, the City was required to adopt a resolution that
authorized the filing of an application for federal funding for the two projects,
committed the necessary local match for the projects, and stated the assurance of the
City to complete the projects.
On motion of Cm Oravetz, seconded by Cm. Sbranti and by unanimous vote, the City
Council adopted
RESOLUTION NO. 30 - 07
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE
TRANSPORTATION PROGRAM AND/OR CONGESTION MITIGATION AND AIR
QUALITY IMPROVEMENT FUNDING AND COMMITTING THE NECESSARY NON-
FEDERAL MATCH AND STATING THE ASSURANCE TO COMPLETE THE PROJECT
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NEW BUSINESS
Dougherty Hills Dog Park Grand Opening
9:36 p.m. 8.1 (950-40)
Parks & Community Services Director Diane Lowart presented the Staff Report and
advised that the City would consider holding a grand opening for the Dougherty Hills
Dog Park and the Council would consider potential dates for the opening.
The Council and Staff discussed the opening of the park would be after April 20, as long
as there were no problems with the turf, but preferred to wait until July to have an
official grand opening, once the artwork was in place. Possible events for the grand
opening were discussed, such as start time, as well as inviting the artist and
organizations that had made donations for the park.
City Council directed Staff to proceed with plans for the Dougherty Hills Dog Park grand
opening on Saturday, July 28, 2007.
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OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports
and Reports by Council related to meetings attended at City expense (AB 1234)
9:41 p.m.
Cm. Scholz stated she had attended the Tri - Valley Council meeting and the Volunteer
Recognition Dinner. It was important to recognize all City volunteers. Mary Jane Hyde,
a musician and former Dublin school teacher, passed away recently and had offered a
donation of her piano to the City. Staff would present a report at the next Council
meeting for consideration.
Cm. Oravetz stated he had attended a LA VTA meeting and that the planned bus rapid
transit would include a route that would run on Dublin Boulevard. He also attended the
Tri - Valley Council meeting where there was a presentation on radio interoperability. He
was the emcee at the Dublin High Baseball Hall of Fame where Dale Reese was inducted
into the Hall of Fame.
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Cm. Sbranti stated he had attended the Tri - Valley Council meeting and the Volunteer
Recognition Dinner; Dublin High School had hosted the Section Regional games and
commented that it was such a sense of pride to hear positive comments by the attendees
of the new Dublin High School field.
Vm. Hildenbrand advised that she attended the Dublin Leadership graduation,
participated in the Dr. Seuss read-aloud, and would be a judge of the DPIE art event.
The Green and White Gala would be held on March 16th. She informed the Council of
the passing of Shirley Wassom, advocate of the Secondhand Smoke Ordinance.
Mayor Lockhart stated that, in regard to the Interoperability Agreement JPA, she had
received noticed that San Pablo had signed the Joint Powers Agreement, the first city to
do so; she attended the TV30 Board meeting; she also attended the Volunteer Recognition
dinner and congratulated the nominees and winners of the City's Organization, Citizen,
and Young Citizen of the Year awards. The Dublin Historical Preservation Association
was named the 2006 Organization of the Year; Cindy Leung was named 2006 Citizen of
the Year; and Mariko McCully was named 2006 Young Citizen of the Year. She also
congratulated Ron Knabe, winner of the Mayor's Award.
Mayor Lockhart asked Staff if there was a set date for the Budget Hearing because of a
trip to China by the Sister City Association.
City Manager Ambrose commented it would be the latter part of June.
Mter reviewing Council calendars, the Council directed Staff to schedule the Budget
Hearing for Thursday, June 28,2007.
Mayor Lockhart asked Staff if there was any feedback on parking shuttles for the St.
Patrick's Day parade.
Parks & Community Services Director Lowart stated that there would be free shuttles
from the end of the parade route back to the Target parking lot and at the BART station,
to and from the festival.
Mayor Lockhart stated that a newspaper had reported on remarks made by a Planning
Commissioner at a recent Planning Commission meeting regarding Hacienda Crossings.
The Commissioner later expressed regrets that he had so hastily made those comments.
She wanted to make it clear that the City of Dublin was very proud to have Hacienda
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Crossings in its community and supported it. She apologized for any stress the
comments may have caused.
Mayor Lockhart adjourned the meeting in memory of Mary Jane Hyde, Shirley Wassom,
and Juanita Haugen.
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ADJOURNMENT
L
11.1
There being no further business to come before the Council, the meeting was adjourned
at 9:59 p.m.
Minutes taken and prepared by Caroline P. Soto, Deputy City Clerk.
Mayor
ATTEST:
City Clerk
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