HomeMy WebLinkAbout12-02-2008 Adopted CC Min (2)Or' DU~~~ MINUTES OF THE CITY COUNCIL
,`~ OF THE CITY OF DUBLIN
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~ /~ REGULAR MEETING -December 2, 2008
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A regular meeting of the Dublin City Council was held on Tuesday, December 2, 2008, in
the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:00 p.m., by Mayor Sbranti.
ROLL CALL
PRESENT: Councilmembers Hart, Hildenbrand, Scholz, and Mayor Sbranti
ABSENT: None
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the Council, Staff and those present.
ORAL COMMUNICATIONS
Selection of Vice Mayor
7:00 p.m. 3.1 (610-20)
Mayor Sbranti stated the City Council's policy was to select, in December of each year, a
member of the City Council to serve as Vice Mayor for a period of one year. In the
absence of the Mayor, the Vice Mayor would become Mayor Pro Tempore and would
assume the temporary responsibilities of the Mayor.
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On motion of Mayor Sbranti, seconded by Cm. Scholz and by unanimous vote, the
Council determined that Councilmember Hildenbrand would serve as Vice Mayor for a
one-year period.
Public Comments
7:01 p.m. 3.2
No comments were made by any member of the public at this time.
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CONSENT CALENDAR
7:01 p.m. Items 4.1 through 4.9
On motion of Cm. Scholz, seconded by Cm. Hildenbrand and by unanimous vote, the
Council took the following actions:
Approved (4.1) Minutes -None
Adopted (4.2 560-90);
ORDINANCE N0.42 - 08
AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE
RELATING TO SMOKING POLLUTION CONTROL
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Adopted (4.3 450-20)
ORDINANCE N0.43 - 08
AMENDING CHAPTERS 8.68 OF THE DUBLIN MUNICIPAL CODE (THE
INCLUSIONARY ZONING REGULATIONS) RELATING TO ESTABLISHING
FIXED SALES PRICES FOR OWNER-OCCUPIED INCLUSIONARY UNITS;
ELIMINATING THE REQUIREMENT TO CONSTRUCT OWNER-OCCUPIED
VERY-LOW INCOME UNITS; AND ALTERING THE FOR-SALE
INCLUSIONARY UNIT INCOME RATIOS (PA 08-041)
Adopted (4.4 660-60)
ORDINANCE N0.44 - 08
ADDING CHAPTER 5.66 TO TITLE 5 (PUBLIC WELFARE)
OF THE DUBLIN MUNICIPAL CODE RELATING TO
MAINTENANCE OF FORECLOSED RESIDENTIAL PROPERTIES
Adopted (4.5 450-20)
ORDINANCE N0.45 - 08
APPROVING A PD-PLANNED DEVELOPMENT REZONE WITH AMENDED
STAGE 1 DEVELOPMENT PLAN TO ESTABLISH REVISED DEVELOPMENT
STANDARDS FOR PRIVATE YARDS WITHIN THE MEDIUM DENSITY LAND
USE DESIGNATION ON THE CROAK AND JORDAN PROPERTIES
Adopted (4.6 600-35)
RESOLUTION N0.214- 08
APPROVING AMENDMENT N0.3 TO THE CONSULTING SERVICES
AGREEMENT WITH BKF ENGINEERS FOR ADDITIONAL CONSTRUCTION
STAKING FOR THE DOUGHERTY ROAD IMPROVEMENTS -HOUSTON
PLACE TO I-580 PROJECT
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Adopted (4.7 600-30)
RESOLUTION N0.215 - 08
APPROVING THE SELECTION OF WILLDAN FINANCIAL SERVICES, INC.
TO UPDATE THE EASTERN DUBLIN FISCAL ANALYSIS; AND AUTHORIZE
THE MAYOR TO EXECUTE THE AGREEMENT WITH WILLDAN FINANCIAL
SERVICES, INC. IN THE AMOUNT NOT TO EXCEED $25,000
Adopted (4.8 600-35)
RESOLUTION N0.216 - 08
APPROVING AMENDMENT NO.1 TO THE AGREEMENT FOR
MAINTENANCE AND OPERATION OF THE DUBLIN LIBRARY
and
RESOLUTION N0.217 - 08
APPROVING AGREEMENT WITH JS BUILDING AND MAINTENANCE
SERVICE FOR JANITORIAL SERVICES FOR THE DUBLIN LIBRARY
and approved a Budget Change.
Approved (4.9 330-40) the Warrant Register in the amount of $6,494,934.34.
WRITTEN COMMUNICATIONS -None
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PUBLIC HEARINGS
Proposed Ordinance Establishing Bus Stop on Kohnen Way
7:02 p.m. 6.1 (1060-20)
Mayor Sbranti opened the public hearing.
Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that this item
would seek City Council adoption of an ordinance to designate a bus stop on Kohnen
Way. This was the first reading of this ordinance.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the
Council waived the reading and INTRODUCED an Ordinance Establishing a Bus Stop on
Kohnen Way.
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Ordinance Amending Chapter 2.24 of the
Municipal Code Pertaining to the City's Conflict of Interest Code
7:08 p.m. 6.2 (640-40)
Mayor Sbranti opened the public hearing.
City Attorney John Bakker presented the Staff Report and advised that the Political
Reform Act required every local government agency to review its Conflict of Interest
Code biennially to determine whether amendments to the Code were required. (See Cal.
Gov't Code § 87306.5). The City Council would consider Staff's recommended changes.
This was the first reading of this ordinance.
No testimony was received by any member of the public relative to this issue.
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Mayor Sbranti closed the public hearing.
On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the
Council waived the reading and INTRODUCED the proposed Ordinance Amending
Chapter 2.24 of the Municipal Code Pertaining to the City's Conflict of Interest Code.
UNFINISHED BUSINESS
Bray Commons Public Art
7:11 p.m. 7.1 (900-50)
Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised
that the City Council would be asked to approve a budget change and authorize the artist
for the sculpture at Bray Commons Park to make modifications to the artwork.
Vm. Hildenbrand asked if the "S" hook would be closed at the top.
Mr. Hartnett stated yes it would.
Cm. Scholz stated she questioned if these measures would solve the noise problem. She
was willing to support and try this, but believed in the end, other measures would need to
be taken.
Mr. Hartnett stated he had visited a similar art piece by the same artist and the same
measures had been taken and it had helped with the noise problem.
Cm. Hart stated he was not comfortable spending $5,000 on the art at this time, but there
had been concern voiced by nearby residence about the need to lessen the noise.
Cm. Hildenbrand stated the $5,000 would be coming out of the art fund, not the City's
General Fund.
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On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City
Council authorized Staff to procure the services of Bill Gould, Artist, in an amount not to
exceed $5,000 and approved the Budget Change.
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NEW BUSINESS
2008 Crossing Guard Evaluation Study
7:17 p.m. 8.1 (590-50)
Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised the City
Council that this item would present the findings of a traffic engineering study that
evaluated the eight existing crossing guard locations and three potential new locations.
Staff would provide a recommendation to place a new crossing guard at Oak Bluff
Lane/Newfields Lane, as well as implement various safety enhancements adjacent to
schools with additional signage and pavement markings.
Cm. Hart asked if the report had been shared with the Dublin Unified School District
(DUSD).
Ms. Bourgeois stated she had spoken to the Principal at Fallon Middle School who was
excited that the City had the opportunity to add a new crossing guard and was in support
of Staff's recommendation. She had also left a message with the Principal at Green
Elementary School.
James Morehead, Dublin resident, stated he had seen the recent accident scene involving a
student walking to Fallon School. Speeding issues or speed bumps had not been
discussed in the Staff Report. Also, the School Site Council had not been contacted for
feedback.
Mary Morehead, Dublin resident, stated she did not agree with the Staff Report that a
crossing guard was not needed at the intersection of Oak Bluff Lane and Groveland Lane.
There was high traffic volume on Dublin Ranch Drive, with cars turning on Oak Bluff
Lane to park behind Green Elementary. The report failed to mention the behavior of
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motorists. It had become so dangerous last year, she had to ask a police officer at a
different location to come monitor traffic. Motorists were not waiting for pedestrians to
fully cross the street. The Staff report stated the stops signs created gaps in traffic
allowing pedestrians to cross. This was not always the case. There was a crosswalk guard
at Tassajara Road and Gleason Drive but there was a need for one at Oak Bluff Lane and
Groveland Lane. She requested a crossing guard at the busy intersection where motorists
were not waiting for children to cross the street.
Evelyn Morehead, Dublin resident, stated it was difficult for her to cross the street on her
way to school because the cars failed to stop.
Dana Ogden, Dublin resident, stated she lived near North Dublin Ranch Road and there
was a problem with speeders. She had contacted Dublin Police on many occasions. She
stated the City had marked the street with " 25" mile per hour signs and they had not
helped. There was a need for speed humps. Motorists slowed at the stop signs, but they
did not always stop. Citations had been issued, but they had not helped. She had brought
it to the attention of the Homeowner's Association, which directed her to the City.
Vm. Hildenbrand stated there had been an issue at Gleason Drive and Tassajara Road with
drivers not stopping. The City did have crossing guards in areas where there was not
heavy foot traffic, for public safety. She was familiar with the area. Were speed control
mechanisms such as speed humps going to be reviewed?
City Manager Pattillo stated speed humps and speed control would be reviewed by the
Traffic Safety Committee. For speed humps, the City had to take into consideration
public safety vehicles and how they maneuvered around them. The issue was being
reviewed.
Vm. Hildenbrand stated it was unsafe to walk in the area mentioned in the Staff report.
Speeding was terrible in the Dublin Ranch area. It was frightening to walk in the area.
Addressing the speeding issue in Dublin Ranch needed to be considered a priority by the
City. People were not following traffic laws. She agreed that the issue needed to be
addressed. The City needed to take into consideration an additional crossing guard in the
area. Had the City considered flashing cross walks where there were not crossing guards?
Ms. Bourgeois stated in addition to speed humps, they would also consider the flashing
crosswalks.
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Vm. Hildenbrand stated she had heard from citizens that lived by Dougherty Road, near
the intersection of Hibernia and Summerglen, that the crosswalk needed better signage,
maybe "Children Crossing" signs. It would be prudent to look at that in the future.
Cm. Scholz stated the issue needed to be addressed immediately; it should be a higher
priority.
City Manager Pattillo stated it was the City's internal Traffic Safety Committee that was
looking into the issue. There was no lag time or unwarranted waiting. It was a priority
and a report would be brought to the City Council as soon it was finished.
Mayor Sbranti stated that there were items before them that they could move on quickly
that would improve the situation, but some issues needed further study and evaluation.
Other issues addressed at this meeting would be brought back to the City Council within a
couple of meetings.
Cm. Scholz reiterated the City needed to move faster, make it a greater priority and get it
done sooner.
Cm. Hart stated when it came to the safety of the City's children, he would ask Dublin
Police Department to be in the area to monitor the situation.
Vm. Hildenbrand asked Ms. Morehead if there were crossing guards 100 feet apart, would
people's behavior change to walk with the crossing guard, or were these pedestrians going
to two different schools.
Ms. Morehead stated she was asking for an additional crossing guard at Oakbluff Lane
and Groveland Lane, which was along the major thoroughfare.
Cm. Hart asked if the City Council was being asked to approve two crossing guards
tonight or approve them later in conjunction with the additional survey that would be
completed by the Traffic Engineer.
Mayor Sbranti stated the City Council had a recommendation that they could adopt
tonight, a crossing guard at Oak Bluff Lane and Newfield Lane, and then ask Staff to
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bring back results of the study for a crossing guard, speed humps, signage, etc. for the
safety of this whole area.
Melissa Morton, Public Works Director, stated to include an additional crossing guard at
North Dublin Ranch/Oak Bluff would require a budget change. Currently, there is only
one marked crosswalk, so when the other crosswalks are added in yellow and the existing
crosswalk is changed to yellow with stop markings on all approaches, there would be
better visibility at the intersection.
Vm. Hildenbrand reiterated she would like Staff to look at the additional crossing guard
when the study was done.
Mayor Sbranti stated City Council could move forward with the Staff recommendations in
the Staff report, the Traffic Safety Committee would evaluate the improvements that were
made, then look at the need for an additional crossing guard in the area, and look at the
Summerglen/Hibernia intersection for signage.
On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City
Council approved crossing guards to remain in place at eight existing locations and
requested that the City Council authorize the placement of a new crossing guard at the
uncontrolled crossing of Oak Bluff Lane at Newfields Lane; and signs and pavement
markings be installed at several locations to enhance visibility of school activities and
safety; and directed Staff to notify the adjacent residents at the Oak Bluff Lane/Newfields
Lane intersection of proposed no parking zones (95 feet on the south side and 50 feet on
the north side of street) and return to the City Council with a resolution establishing no
parking zones on Oak Bluff Lane; and requested Staff to conduct a traffic study for safety
measures at North Dublin Ranch and Oak Bluff Lane and return to the City Council with a
report.
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Request by Mayor Sbranti to
Consider Creation of an Economic Incentive Program
7:49 p.m. 8.2 (470-20)
Assistant City Manager Chris Foss presented the Staff Report and advised that the City
Council would consider a request by Mayor Sbranti to create an Economic Incentive
Program.
Mayor Sbranti stated given the current economic condition, the City could not wait until
the City's Goals & Objectives process to enact this goal. He had a few ideas he would
like Staff to review such as a fee deferral program, priority permit processing, tenant
improvements -loans or grants, and low interest loans or tax sharing agreements. The
City was competing with the private sector and other cities' efforts. These were some
ways the City could enhance revenue to attract and retain business. He would like to add
this to the City's Goals & Objectives.
Cm. Scholz stated she supported the request.
Vm. Hildenbrand stated she also supported the request.
Cm. Hart stated he concurred with the uses mentioned by the Mayor.
Assistant City Manager Foss asked if the City Council wanted a draft large program or for
Staff to return with one phase at a time.
Mayor Sbranti stated Staff could bring back elements as developed.
Cm. Hart stated he would like a brainstorming process.
City Manager Pattillo reiterated, as Mr. Foss had mentioned, Staff could bring back a
rough draft as elements were developed, and start a conversation with the City Council.
There were also legal issues to examine so that the programs were not seen as gifts of
public funds. At that point they could discuss whether or not to have a public workshop
on the item.
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Mayor Sbranti stated he agreed with the idea of Staff bringing it back to Council and then
discussing what needed to be done to bring it forward. If there was something small and
quick that could be done, Staff could bring that to the City Council. There were elements
that could be moved on quickly.
On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City
Council directed Staff to establish a high priority goal for Fiscal Year 2008-2009 to create
an Economic Incentive Program.
City Council Vacancy Created by Election
of Councilmember Sbranti as Mayor at the 2008 General Municipal Election
7:58 p.m. 8.3 (610-30)
City Manager Joni Pattillo presented the Staff Report and advised that it appeared from
the preliminary vote count that City Councilmember Tim Sbranti had been elected as
Mayor of Dublin on November 4, 2008. His term as Councilmember would not expire
until December 2010. The City Council would discuss options as to how to fill
Councilmember Sbranti's vacant City Council position, term ending December 2010.
Cm. Hart asked pursuant to Government Code 36512, what was the penalty if the Council
did not meet the 30-day appointment requirement.
City Attorney Bakker stated the City might lose jurisdiction to make the appointment.
Cm. Scholz stated she would not like to see the expense of an election. She spoke in
support of appointing the candidate with the third highest number of votes from the recent
election. This candidate had run a campaign which demonstrated and underscored interest
in seeking public office. The public had shown support and approval of placing him in
office on the Dublin City Council. It would be the right action and fair play to make that
decision.
Mayor Sbranti stated that tonight the City Council was looking at a process, not an actual
appointment.
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The Council concurred that they were in support of an appointment process and not
having an election.
Elizabeth King, Dublin resident, stated she had run for Mayor. It would be unfair to only
consider those that ran for City Council. The City Council should also consider those that
had run for Mayor. They had to consider the voters. It was an important decision. The
people should have the opportunity to vote for Council.
Valerie Barnes, Dublin resident, stated the same situation had happened previously. In
that case, applications were taken, interviews held, and after the voting process, someone
had been sworn in that night. It could be done.
Bill Schaub, Dublin resident, stated there had been other elections when someone had
come in third and any of those people could come in with the same logic of appointing
them because they had come in third, as he had.
John Zukoski, Dublin resident, stated it was important how the vacancy was filled. It
made sense to have an appointment and not spend money on an election. It was important
for the City Council to consider the will of the people. There had been about 4.000
members of the community that had voted for the third highest vote getter. It was a
considerable number of votes. He asked that the City Council consider that in the
selection and appointment of the Councilmember. Also consider which candidate would
provide the skills and personality that would best compliment the rest of the City Council.
Mayor Sbranti stated the City Council had consensus on filling the vacancy by
appointment. Now it was time to determine the process. It was important to look at the
overall skills, personality and how someone fit in with the City Council. If there was
going to be an application/appointment process, then they needed to consider all members
of the community that might be interested in serving on the City Council.
Vm. Hildenbrand stated everyone should be considered. Each person would have
different skills, experiences and commitment. There were those that had run and proved
their commitment, but also those that had worked on different community issues should be
considered. It should not be limited. They would consider everyone. She liked the draft
application. It covered civic experience and different areas. It was well rounded.
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Cm. Hart stated there was a huge interest in the City. With Option 1, it allowed the
opportunity for anyone to apply. He approved with the draft application except with
Question #2: "How do you perceive the City's future growth?" He requested it be
removed. He would also like to see a question regarding public safety.
Vm. Hildenbrand asked why Cm. Hart was not comfortable with Question #2.
Cm. Hart stated it was open-ended. He would like a better answer with specifics about
their knowledge of the City's growth and potential, and/or issues that might arise in the
future. He would like to see more details in the answer.
Cm. Scholz stated she could support the draft application if it was the will of the City
Council. It was comprehensive. With regard to her comments, she was trying to explain
that the City had just held an election and the people had voted and that was where she
was coming from. When someone chose to run in a campaign, they spent the time, money
and energy, which was tremendous. It did express the will of the people when you
considered the candidate that was next. There were many good candidates in Dublin for
the City Council. She was willing to support this process if it was the will of the City
Council.
Mayor Sbranti agreed with Cm. Hart's suggestion in regard to a question regarding Public
Safety.
City Manager stated that they could eliminate Question #2. As far as a follow-up
questions as it related to specific services that were provided in the City, that could be
addressed through the interview process. The application could serve to put down with
pen and paper the candidate's interest in the position and what they had done from a civic
perspective.
Cm. Hart asked how much latitude the City Council had during the interview process.
Mr. Bakker stated they City Council could follow any process they wanted in interviewing
candidates.
Cm. Scholz asked for clarification if 10-20 people filled out the application, would they
come back to a meeting and be interviewed at that time? They would then have an
opportunity to address the City Council.
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Mayor Sbranti stated in the 1980s, the interested candidates filled out an application. The
City Council reviewed the applications. The candidates had three to five minutes to speak
and then they were interviewed in public by the City Council. The City Council then
voted on the appointment.
Vm. Hildenbrand asked if there would be public comment at the meeting.
Mayor Sbranti stated it was not a public hearing.
Cm. Scholz asked if the candidates would be prioritized individually by the City Council,
and then the City Council complete a voting process and make a selection.
The City Council and Staff discussed interviewing all applicants regardless of the number.
It could be any process the City Council chose. There would need to be an affirmative
vote of at least three Councilmembers for the appointment. Staff requested clear direction
in order to be fair and neutral to anyone applying. The Council approved the following
items regarding the application/appointment process:
a. Specifically related to the application:
• Revise Question #1, asking for "three" not "two" items.
• Eliminate Question #2.
• Include open application date and time and closing date and time: Open on
December 3, 2008, at 3:00 p.m., with a closing date and time of December 10,
2008, at 3:00 p.m.
• Include the ending date of term for which they are applying (December 2010).
• Attach City Council Rules of Conduct for City Council Meetings.
• Attach information regarding roles of Mayor, Councilmember, and City
Manager.
• Include information to candidates that applications would be made public with
the City Council packet. Email addresses and phone numbers would be blacked
out.
• Include on application and press release, candidate interview date of
December 16, 2008, at the 7:00 p.m. meeting.
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• Include, if process not completed on above date, the Candidate should be
prepared to attend a tentative Special Meeting on Monday, December 22, 2008,
at 7:00 p.m., if needed.
• If selected, Candidate should be prepared to be sworn in and participate in
remainder of meeting.
• Place application and attachments on website.
b. Send out a press release and make applications available at the City's regular
posting places (Civic Center, Dublin Library and Senior Center) and provide to
Dublin 101 graduates.
c. Public Comments would be held before interview of candidates; limited to one
minute per speaker.
d. A Special Meeting would be held on Monday, December 22, 2008, at 7:00 p.m., if
needed.
e. There would be a reception for the new City Councilmember on January 6, 2009,
before the Regular City Council meeting.
On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City
Council directed Staff to prepare documents for an appointmentlapplication process to fill
the City Council vacancy, as outlined above.
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)
8:52 p.m.
City Manager Pattillo stated the City Tree Lighting event would be held on December 4 at
7:00 p.m. at the Civic Center. She confirmed that there would be a Regular City Council
meeting on January 6, 2009.
Cm. Hart stated the John Monego Tree Lighting event would take place on Saturday,
December 13, with a reception in the Regional Meeting Room immediately following. It
was an honor to serve on the City Council, and he thanked the citizens of Dublin for the
opportunity. He also thanked Staff for the orientation regarding the City.
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Cm. Scholz complimented Mayor Sbranti on the Economic Incentive Program. It was
fitting and appropriate at this time. She thanked Staff for the reception for the outgoing
Councilmembers. She stated she had attended the groundbreaking for the School of
Imagination at the Schaefer Ranch development.
Vm. Hildenbrand stated she had attended the Association of Bay Area Governments
(ABAG) Legislative and Organizational Committee meeting. They would be losing Janet
Lockhart and it was important that representation on regional boards was continued. It
was important to have Dublin representation. She would be attending the ABAG
Regional Planning Committee tomorrow. She had attended the Livermore Amador Valley
Transportation (LAVTA) meeting and the LAVTA Marketing meeting. She stated that in
the back of the LAVTA packet, they had a list of acronyms commonly used. That could be
something this City Council could use. She had attended the ground breaking for the
School of Imagination. She thanked everyone for their confidence in her to serve another
four years on the City Council.
City Manager Pattillo stated Staff had developed an acronym list and would be placing it
in the City Council's packets.
Mayor Sbranti thanked Mayor Lockhart and Cm. Oravetz for their years of service and
stated her was excited to work with the City Council. He had attended the swearing in
ceremonies for Dublin's Assemblymembers and Senators in Sacramento. State Senator
Hancock wanted to work in terms of an East Bay delegation of the State Senators because
so many issues were common to the entire East Bay. There was a sense of cooperation that
had not been seen before. On Friday, December 12, Dublin High School would be
hosting the North Coast Section CIF, Division 1, Football Championship game. It was a
major event with 7,500 to 10,000 people in attendance. He wanted residents to be aware
of the fact that the game would be taking place. He complimented City Staff for their
assistance and work with the parties involved.
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ADJOURNMENT
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There being no further business to come before the Council, the meeting was adjourned at
9:03 p.m. in memory of our fallen troops.
Minutes prepared by Caroline P. Soto, City Clerk.
Jam. "
ATTEST: ~ /,., /• dam/
Mayor
City Clerk
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