HomeMy WebLinkAbout01-06-2009 Adopted CC Min~~' ~
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CLOSED SESSION
6:32 p.m.
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING -January 6, 2009
Mayor Sbranti announced that the closed session would be held after the regular meeting
regarding:
I. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
Government Code section 54956.9, subdivision (a)
Name of Case: Arroyo Vista Tenants Association et al v. City of Dublin et al., U.S.
District Court, Northern District of California, Case C 07-05794 MHP
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A regular meeting of the Dublin City Council was held on Tuesday, January 6, 2009, in
the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:00 p.m. p.m., by Mayor Sbranti.
ROLL CALL
PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti.
ABSENT: None
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the City Council, Staff and those
present.
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REPORT ON CLOSED SESSION ACTION
Mayor Sbranti advised that the Closed Session would be held at the end of the Regular
Meeting.
ORAL COMMUNICATIONS
Introduce New Employee
7:24 p.m. 3.1 (700-10)
Commander Gary Thuman introduced Deputy Lauren Mixon, Dublin Police Services.
The City Council welcomed Deputy Mixon.
Freeway Closures to Accommodate the
West Dublin Bay Area Rapid Transit (BART) Station Oyercrossing Construction
7:00 p.m. 3.2 (800-30)
Director of Public Works Melissa Morton presented the Staff Report and advised that Mr.
Jim Gravesande, representative from BART, would make a presentation regarding the
progress at the West Dublin BART Station, the closure plan for I-580 to accommodate
construction of the pedestrian overcrossings, and the impact of the closure plan on Dublin.
The presentation detailed the erection plan, construction schedule, and community
outreach during the closure.
Vm. Hildenbrand asked if heavy truck traffic was currently allowed on Dublin Boulevard.
Ms. Morton stated that there was no vehicle weight limit so trucks were currently allowed
on Dublin Boulevard. Traffic controllers would not be needed as previously proposed.
There was the capacity to let the signals deal with the night time traffic. MCE and the
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County would be on call that night to ensure if there were any issues, there would be
barricades and stop signs. The County would be ready to make any repairs necessary.
Vm. Hildenbrand asked that the residents that backed Dublin Boulevard be notified that
trucks might be using Dublin Boulevard during the closure.
City Manager Joni Pattillo stated the information would be posted on the website and the
affected residents would be notified.
Cm. Biddle asked if the closure would be on a weekend.
Ms. Morton stated it was planned for a three day weekend in February.
Mr. Gravesande stated it would be on a Saturday night to Sunday morning.
Cm. Hart asked what would happen if the two lanes could not be opened on time.
Mr. Gravesande stated worse case scenario would be the rigging of the structure. If there
were any delays or problems with the rigging, it would be called off.
The City Council and Mr. Gravesande discussed the delay in placement of the structure.
There would be separate pieces of structure erected from each side of the freeway. There
would also be a freeway sign replaced. Weather conditions could impact the closure.
Mayor Sbranti asked that the Port of Stockton also be notified of the closure of the
freeway.
The Council received the presentation and provided comments.
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Promotional Marketing Brochure
7:26 p.m. 3.3 (150-30)
Assistant City Manager Chris Foss presented the Staff Report and advised the City
Council would receive a presentation from Staff on the promotional marketing brochure.
It could be placed on the website for viewing.
The City Council received and accepted the presentation on the promotional marketing
brochure.
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Determine Date/Time of
Assembly Bill (AB) 1234 Ethics Training for City Officials and Designated City Staff
7:30 p.m. 3.4 (650-45)
City Clerk Caroline Soto presented the Staff Report and advised that under Assembly Bill
(AB) 1234, "local agency officials" must receive ethics training at least once every two
years if the City provided compensation, salary, stipend or reimbursement for actual and
necessary expenses to a member of a legislative body. The City would offer a mandatory
Ethics Training session to all affected officials and Staff.
The City Council discussed and determined Monday, February 2, 2009 as the date for the
AB 1234 Ethics Training session for City officials and Staff.
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Appointment of Alternate to Alameda County Waste Management Authority JPA
7:33 p.m. 3.5 (110-30)
City Clerk Caroline Soto presented the Staff Report and advised that the City Council
would consider confirming the appointment of Councilmember Biddle as the City's
Alternate to the Alameda County Waste Management Authority Joint Powers Agreement
(JPA), as of January 6, 2009. The next appointment to the Board will be considered in
December 2010.
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On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the
Council confirmed the Mayor's appointment of Cm. Biddle as the City's Alternate
representative on the Alameda County Waste Management Authority JPA, and directed
Staff to notify the Waste Management Authority of the appointment
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Public Comments
7:34 p.m. 3.6
Tim Hall, Dublin resident, commented on statements made by Cm. Hart at the
December 16, 2008, City Council meeting.
CONSENT CALENDAR
7:37 p.m. Items 4.1 through 4.11
City Manager Joni Pattillo pulled Item 4.4 for further discussion.
Cm. Hart and and Cm. Biddle stated that they would abstain on Items 4.1, Minutes of the
Regular Meeting of November 19, 2008, as they were not on the City Council at that time.
On motion of Cm. Scholz, seconded by Hildenbrand and by unanimous vote (Cm. Hart
and Cm. Biddle abstaining on Item 4.1 only), the City Council took the following actions:
Approved (4.1) Minutes of the Regular Meeting of November 19, 2008;
Adopted (4.2 600-35)
RESOLUTION NO.O1 - 09
ACCEPTING DUBLIN SQUARE SHOPPING CENTER DEMOLITION
CONTRACT N0.08-07
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Adopted (4.3 600-35)
RESOLUTION N0.02 - 09
ACCEPTING IMPROVEMENTS TO STAGECOACH PARK, CONTRACT
N0.08-08
and authorized Staff to accept a maintenance bond in the amount of $9,386 at a future
date.
Adopted (4.5 600-3 0)
RESOLUTION N0.03 - 09
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT FOR
LANDSCAPE MAINTENANCE AT SONATA, TRACT 7282
Accepted (4.6 600-35) improvements under Contract No. 08-14, San Ramon Road Trail
Improvements -Root Barriers, and authorized the release of retention after 35 days if
there were no subcontractor claims.
Adopted (4.7 600-60)
RESOLUTION N0.04 - 09
APPROVING THE RELEASE OF SECURITY FOR ROUGH GRADING -
FALLON ROAD NORTH, PHASE 1
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Adopted (4.8 600-60)
RESOLUTION N0.05 - 09
APPROVING ACCEPTANCE OF FALCON ROAD OFFSITE STREET
IMPROVEMENTS FROM BENT TREE DRIVE TO CENTRAL PARKWAY, AND
POSITANO PARKWAY IMPROVEMENTS FROM FALCON ROAD TO
LA STRADA DRIVE, AND APPROVING REGULATORY TRAFFIC CONTROL
DEVICES INSTALLED FOR TRACT 7853, POSITANO (BRADDOCK AND
LOGAN)
Adopted (4.9 600-35)
RESOLUTION N0.06 -09
APPROVING AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA AND LIVERMORE POLICE DEPARTMENT FOR
PARTICIPATION IN THE OFFICE OF TRAFFIC SAFETY SOBRIETY
CHECKPOINT AND "AVOID THE 21" DUI CAMPAIGN GRANTS
and approved the Budget Change.
Adopted (4.10 600-60)
RESOLUTION N0.07 - 09
APPROVING PARTIAL RELEASE OF SECURITY FOR TRACT 7651,
SORRENTO EAST
Approved (4.11 300-40) the Warrant Register in the amount of $6,120,039.40.
City Manager Pattillo pulled Item 4.4, Acceptance of Work -Contract No. 08-04, Park
Furniture Replacement (600-35), and stated incorrect support poles were sent for the
project, therefore Staff wanted to ensure that all elements were correct before accepting
the work. Anew resolution had been distributed to the City Council which delegated
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authority to the City Manager to accept those minor changes and alterations to the Park
Furniture Project.
On motion on Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City
Council adopted
RESOL UTION NO. 08 - 09
ACCEPTING IMPROVEMENTS SHANNONAND KOLB PARKS,
CONTRACT NO. 08-04
and authorized Staff to accept a maintenance bond in the amount of $14,368 at a future
date.
WRITTEN COMMUNICATIONS -None
PUBLIC HEARINGS
Wallis Ranch (Phase I) (Dublin Ranch West)
Development Agreement between the City of Dublin and the Lin Family
For the 184-Acre Wallis Ranch (Dublin Ranch West) Project (PA 05-051)
7:39 p.m. 6.1 (600-60)
Mayor Sbranti opened the public hearing.
Planning Consultant Mike Porto presented the Staff Report and advised that the City
Council would consider adopting an Ordinance approving a development agreement
between the City of Dublin and the Lin Family.
Cm. Biddle asked if this development agreement would still have an annual review.
Mr. Porto stated yes it would, for the fifteen year period of the agreement.
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Cm. Hart asked what the benefit was to the City to go from afive-year agreement to a
15-year agreement.
City Attorney John Bakker stated that a development agreement vested the developer's
right to proceed with their project. By extending the term of the development agreement,
it meant that for that period of 15 years the City could not change the zoning, and various
other land use approvals that the developer had already received. In exchange for the City
extending the development agreement beyond the standard five-year term, the City would
receive a $1 million community benefit payment.
Cm. Hart asked if there was any cost or loss of revenue of property taxes, with the City
going from five years to 15 years. What was the benefit to the City?
Mr. Bakker stated the quid pro quo was that the developer would get an extra ten-year
period during which the City could not change the zoning on the property or the land use
approvals. The City, in exchange, would get a $1 million community benefit payment.
City Manager Pattillo stated this had been the standard practice with the City to be able to
exchange the benefits. The City could not force the developer to move any quicker by not
approving the extension. This allowed the developer to have the time to plan and also for
the City to know this project was on the books. This agreement had been negotiated in
good faith and was fair, in that moment in time, to extend the development agreement for
an additional 10 years.
Mayor Sbranti asked if this development agreement, as proposed, was different than the
Braddock and Logan community benefit payment of $1 million because the payment was
given up front as opposed to per unit.
Vm. Hildenbrand stated the City could wait a long time and not have any development, so
the City was not necessarily losing out on property taxes.
Cm. Biddle asked related to this project, if there would be any impacts on the widening
and improvements on Tassajara Road.
Mr. Porto stated the improvements would occur at the time the development occured on
the property. He did not know if the development agreement itself and the timing of the
15 years had much to do with that.
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Cm. Biddle stated the City was working on the portion up to the intersection of Tassajara
Road and Fallon. Cm. Biddle asked if the developer would be responsible for the portion
north of there.
City Engineer Mark Lander stated the Wallis Ranch frontage would be responsible for the
portion of Tassajara Road from Shadow Hill Drive which was the bridge, up to a point
just north of Silvers Ranch Drive, about 500 feet of that point. There was a remaining
piece of property on the west side of Tassajara Road between the north end of the Wallis
frontage and Fallon Road which was previously owned by the Braddock Silva Trust. The
City recently purchase that piece using impact fee funds and that would be improved by
the City at a later date as part of a Capital Improvement Project, using developer impact
fees.
Vm.Hildenbrand asked if that would prohibit opening Fallon and Tassajara or would it
prohibit opening that connection between Tassajara coming from San Ramon up through
Fallon, going through Dublin Ranch.
Mr. Lander stated it would not. The Wallis Ranch improvements were further to the
south. The Tassajara/Fallon intersection improvements would go forward as currently
planned.
Vm. Hildenbrand asked what would happen if there was development on this road in ten
year's time versus a sooner time frame, and the City watched the growth occur in San
Ramon and up in the valley. Would roads be put in there? Would the City's roads be able
to handle that in this time frame, or would the City look at that in the future as the traffic
increased coming from the Windemere development?
Mr. Lander stated improvements on the west side of Tassajara Road did not have to be
installed by the developer until they moved forward with development. If between the
time of that development and the need was triggered for widening of the roadway, the City
would work within the existing right-of--way, using impact fee funds that were being
collected, to provide interim improvements. Not the entire six lanes, but perhaps four
lanes in the interim which would get the City through until the Wallis Ranch property
development.
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Mr. Martin Inderbitzen, representative for the developer, stated the developer had met the
City at least half way in providing a significant amount of amenities for the City as part of
this project. The developer needed to protect their investment and had already widened
one bridge at Tassajara Road. They were under construction with two bridges across the
creek, internal for the project. This project was a large project. Under the best of
circumstances if was unlikely the developer could build out the project within afive-year
time period. The additional 10 years of the development agreement allowed them to
protect their investment and develop the project according to the vision that the developer
and the City had for this piece of the project. The City knew what it had a right to expect.
The City and the developer were protecting each other's right to develop what was
expected through buildout. That was the benefit of the development agreement.
Mayor Sbranti closed the public hearing.
Mayor Sbranti stated his initial concern was the extension of the development agreement
from five years to 15 years. The $1 million community benefit was a significant amount
of money. It was important to note that it was negotiated in good faith based on past
practice. Past practice had been $100,000 per year of extension of a development
agreement. Because it was past practice, had been negotiated in good faith, and the City
was getting the money upfront, he could support the development agreement. However,
he asked Staff that this be the last development agreement where the amount be based on
a $100,000 per year threshold. The value to extend development agreements was much
greater than that. In the future, when Staff was negotiating with developers, the City
should get significantly more than $100,000 a year. As other projects moved forward, the
City could look at getting a larger payment. He did support what was before that City
Council tonight.
Cm. Biddle stated the development agreement did not require the developer to wait 15
years to develop. If the housing market changed quicker than anticipated, the developer
could move ahead.
Cm. Hart stated he supported past practice. It was just that the City Council was
approving something where no one would be on the City Council in 15 years. He
supported the project and agreed with the Mayor's direction to Staff regarding future
negotiations.
Cm. Scholz stated she supported the project.
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City Manager Pattillo stated that Staff would negotiate what was fair to both the City and
the developer and follow City Council direction.
On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City
Council waived the reading and introduced an Ordinance approving the Development
Agreement for PA OS-051 Wallis Ranch (Dublin Ranch West) Chang Su-O Lin ("The Lin
Family").
UNFINISHED BUSINESS
Economic Incentive Program -Sales Tag Reimbursement Program
8:01 p.m. 7.1 (470-20)
Assistant City Manager Chris Foss presented the Staff Report and advised that the City
Council would consider the creation of a Sales Tax Reimbursement Program as part of a
Citywide Economic Incentive Program.
Cm. Biddle thanked Staff for a quick turnaround on this program. He asked if there were
other cities that had similar programs in place.
Mr. Foss stated that there were similar programs in a city in Illinois and Long Beach,
California.
Vm. Hildenbrand asked if someone wanted to make tenant improvements on the outside
of a business and the neighbors did not to, what would happen.
Mr. Foss stated that there might be multiple tenants, but only one owner of the building.
If a tenant came in and made improvements to a building, the City would only take into
account those improvements made for that tenant's space. The information on this
program being available would be provided to the real estate brokers in the City.
Vm. Hildenbrand asked whether the other cities' programs had been successful.
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Mr. Foss stated they had been successful in their own right. It would depend on what the
city's goal had been. In Long Beach, they had brought in a petroleum company that only
occupied office space and the business itself was bringing in $30,000,000 a year from its
sales office. So the City was willing to enter into an agreement for 20 years, where
Dublin's was only a five year agreement.
City Manager Pattillo stated the City could not force businesses to come to Dublin, but
open it up for a lot of opportunities. Some of the elements of this program took into
consideration that the City was doing this with great deliberation. Cities had not been
utilizing programs like this, but they might have to take a look at these programs.
Agreements associated with this program would come forward to the City Council for
approval.
Cm. Biddle stated he appreciated that the City Council could tonight approve the program
generally, approve each individual agreement, and then the improvements themselves.
There were different levels of approvals along the process.
Cm. Harts asked if there was any indicator of the success Dublin might have.
Mr. Foss stated the first tenant would be a success. Once the program was known, the
City could be contacted by potential tenants and property owners.
City Manager Pattillo stated this would be a sign that the City was working with
innovative ways to attract and assist businesses. There was not only a dollar amount
involved, but the City was building a reputation of assisting businesses not only in this
economy, but also robust times.
Mayor Sbranti stated the City Council made a wise decision in working with the
Economic Incentive Program on an element-by-element piece. This element along with
other elements combined would have a cumulative effect.
Mr. Foss stated that the reimbursement to the business would be done on an annual basis.
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On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City
Council adopted
RESOLUTION N0.09 - 09
APPROVING THE SALES TAX REIMBURSEMENT PROGRAM
NEW BUSINESS
Dublin Ranch North Property -
Request to Initiate a General Plan Amendment
and Eastern Dublin Specific Plan Amendment Study to Amend the
Existing Land Use Designations on the Dublin Ranch North Property,
Commonly Referred to as the Red~ewick Property (APN 985-0028-003-02) (PA 08-045)
8:15 p.m. 8.1 (420-30/410-55)
Assistant Planner Martha Aja presented the Staff Report and advised that this item was a
request to initiate an Eastern Dublin Specific Plan Amendment and General Plan
Amendment Study to modify the existing land use designations on the Dublin Ranch
North property. The Applicant had submitted an application requesting that the City
Council consider changing the density of the property from 68 units to 4 units.
Cm. Hart asked what was known about the other 64 units.
Ms. Aja stated that if the initiation was granted, those 64 units would be part of the study.
Cm. Hart asked if the City Council would be approving something that was not 100%
known.
Ms. Aja stated that City Council would not be approving that aspect of the project at this
point. It would come back to the City Council and be addressed later.
Mr. Bakker stated this would just initiate the process. The applicant would further refine
their proposal. Staff may or may not end up supporting the transfer of the 64 units to
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another place in Dublin Ranch. This was an opportunity to begin studying this project.
Staff did not work on General Plan Amendment projects unless the City Council had first
authorized the study.
Mr. Biddle stated it was important to note that this study would be paid for by the
applicant.
Mr. Inderbitzen, applicant representative, stated this was straight-forward. Part of this
was clean-up. There was a piece of property that was acquired as the last acquisition for
the Dublin Ranch Holdings. It did have a capacity of 68 units as shown in the General
Plan and in the Specific Plan. The applicant did not see any way to get 64 units on the site.
They had committed a substantial portion of the site to open space and wildlife uses. One
of the things they needed to do was make the General Plan/Specific Plan language
designations for those open space uses consistent with what they had. Secondly, there was
not a category of land use for only four units, so that needed to be created. Staff and the
applicant both asked what would happen with the other 64 units and they did not have an
answer for that. They did not know if there was any place to fit those units on property in
Dublin Ranch. As part of the study they would take a look at whether or not there was a
candidate location and offer it back to Staff and City Council for approval.
Vm. Hildenbrand asked what would happen if they studied it and there was not room for
the other units. Would it change this portion of the project? Would they still go forward
with four units on the land?
On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City
Council adopted
RESOLUTION NO. 10 - 09
APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT AND
EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY TO AMEND THE
EXISTING LAND USE DESIGNATIONS TO REDUCE THE DWELLING UNIT
DENSITY FOR A PROPERTY LOCATED ON FALCON ROAD NEAR THE
INTERSECTION OF TASSAJARA ROAD (REDGEWICK) (APN 985-0028-003-02)
PA 08-045
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Designation of
Voting Delegate for the 2009 National League of Cities Annual Conference
8:23 p.m. 8.2 (140-30)
Assistant City Manager Chris Foss presented the Staff Report and advised that the City
Council would consider appointing one of its members as a voting delegate and one to
serve as an alternate to vote on the City's behalf at the National League of Cities annual
conference.
On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City
Council appointed Councilmember Scholz to serve as voting delegate to vote on the
City's behalf at the National League of Cities annual conference, and appointed
Councilmember Biddle to serve as an alternate should the voting delegate be unable to
attend due to unforeseen scheduling conflicts.
Glen the Guide Nature Day Camp Program Plan
8:25 p.m. 8.3 (950-30)
Assistant Director of Parks and Community Services Paul McCreary presented the Staff
Report and advised that the City Council would consider the proposed program plan for
the new "Glen the Guide Nature Day Camp" program at Shannon Park
Vm. Hildenbrand asked if information regarding this program could be made available
distribution during Dublin Pride Week.
Mayor Sbranti asked that Staff monitor Dublin schools' ending date for coordination with
this program and other recreational programs.
The City Council received the report and approved the program plan.
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Proposed Youth Fee Assistance Guidelines
8:29 p.m. 8.4 (950-20)
Assistant Director of Parks and Community Services Paul McCreary presented the Staff
Report and advised that the City Council would consider the proposed guidelines for a
new Youth Fee Assistance Program to support access to City recreation services by youth
from financially disadvantaged households.
The City Council discussed their support of this program.
On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City
Council received the report and approved the proposed program guidelines.
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)
8:35 p.m.
Cm. Biddle thanked the City Manager and Staff for his recent City Council orientation.
Vm. Hildenbrand stated she had attended the Livermore Amador Valley Transit Authority
(LAVTA) meeting where they discussed service reductions that impacted Dublin. She
had voiced concerns about the cuts in service and other cities also voiced their concerns.
LAVTA agreed to return with more detailed information. There would be public
workshops in the coming days discussing changes to the LAVTA system.
Mayor Sbranti stated that LAVTA needed to take a look at its proposed service
reductions, especially the route to and from Santa Rita Jail.
City Manager Pattillo stated the City would post the public workshop information on the
City's website.
Vm. Hildenbrand stated there would be a retirement gathering for former Mayor Janet
Lockhart on Saturday, January 10, 2009, at the Senior Center.
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CLOSED SESSION
8:42 u.m.
The City Council reconvened to Closed Session regarding:
I. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
Government Code section 54956.9, subdivision (a)
Name of Case: Arroyo Vista Tenants Association et al v. City of Dublin et al., U.S.
District Court, Northern District of California, Case C 07-05794 MHP
REPORT ON CLOSED SESSION ACTION
Mayor Sbranti stated there was no reportable action during Closed Session.
ADJOURNMENT
10.1
There being no further business to come before the Council, the meeting was adjourned at
9:28 p.m. in memory of our fallen troops.
Minutes prepared by Caroline P. Soto, City Clerk.
ATTEST: ~ /
City Clerk
J'~ - .~
Mayor
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