HomeMy WebLinkAbout03-01-2011 Adopted CC Min~~4F DU.~~~ MINUTES OF THE CITY COUNCIL
~,`` OF THE CITY OF DUBLIN
~ ~~~ 8~ REGULAR MEETING - MARCH 1, 2011
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CLOSED SESSION
A closed session was held at 6:31:26 PM, regarding:
CONFERENCE W1TH LEGAL COUNSEL---ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 2 cases.
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A regular meeting of the Dubfin City Council was held on Tuesday, March 1, 2011, in the City
Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:59:41 PM,
by Mayor Sbranti. .
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ROLL CALL
PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
ABSENT:
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PLEDGE OF ALLEG{ANCE
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 stated that, during tonight's closed session, the City Council authorized the
initiation of a litigation action and authorized the intervention in a separate litigation action.
Once either of the actions is formally commenced, the City will identify the action, the
defendants, and the other particulars to any person upon inquiry.
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DUBLIN CITY COUNCIL MINUTES
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ORAL COIIAMUNICATIONS
Introduction of New Employees:
Sqt. Rafael Alvarez, and Deputv Vikki Sarasua, Dublin Police Services
7:00:33 PM 3.1 (700-10)
Dublin Police Chief Tom McCarthy introduced Sgt. Rafael Alvarez and Deputy Vikki Sarasua
(not present) to the City Council.
The City Council welcomed Sgt. Alvarez and Deputy Vikki Sarasua to Dublin Police Services.
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Certificates of Recognition for City of Dublin Young
Citizen of the Year, Citizen of the Year and Orqanization of the Year
7:04:24 PM 3.2 (610-50)
The City Council presented Certificates of Recognition to Aslan Brown for being named the City
of Dublin Young Citizen of the Year, Chris Bennett for the Citizen of the Year, and Kaleidoscope
Activity Center for the Organization of the Year.
Acceptance of Charitable Donation from Anthonv, Anpie and Lauren Bilich
7:10 p.m. 3.3 (150-70)
Chief Tom McCarthy presented the Staff Report and stated that Dublin Police Services Crime
Prevention Unit was given a$500 donation by Anthony, Angie and Lauren Bilich that would be
used for costs associated with producing an age-appropriate music video to reach Dublin
school children with an anti-drug message. The Dublin City Council would present the Bilich
family with a Certificate of Appreciation.
On motion of Vm. Hart, seconded by Cm. Swalwell and by unanimous vote, the City Council
accepted the $500 donation, approved the Budget Change and formally recognized the donor.
Public Comments
7:12:20 PM 3.4
No comments were made by any member of the public at this time.
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CONSENT CALENDAR
7:12:26 PM Items 4.1 through 4.5
On motion of Cm. Hildenbrand, seconded by Vm. Hart and by unanimous vote, the City Council
took the following actions:
Approved (4.1) Minutes of February 15, 2011;
Adopted (4.2 600-60)
and
RESOLUTION NO. 20 -11
APPROVING TRACT 7982 FINAL MAP
RESOLUTION NO. 21 -11
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS
FOR LANDSCAPE FEATURES WITH TRACT 7982
Adopted (4.3 600-35)
RESOLUTION NO. 22 - 'i 1
AWARDING CONTRACT NO. 11-01,
SPEED FEEDBACK DEMONSTRATION PROJECT TO
WESTERN PACIFIC SIGNAL, LLC
Adopted (4.4 600-60)
ORDINANCE NO. 2 -11
APPROVING A DEVELOPMENT AGREEMENT FOR
TRACT 9717 KNOWN AS THE PROMENADE WITHIN AREA G
OF DUBLIN RANCH BETWEEN THE CITY OF DUBLIN
AND JAMES TONG AND MEI FONG TONG, PA 08-006
Approved (4.5 300-40) Check Issuance Reports and Electronic Funds Transfers.
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WRITTEN COMMUNICATIONS - None
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PUBLIC HEARINGS - None
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UNFINISHED BUSINESS
Automatic External De~brillator Proqram Options
7:12:55 PM 7.1 (540-70)
Alameda County Fire Department Deputy Fire Chief Demetrious Shaffer presented the Staff
Report and advised that the Dublin City Council established a Fiscal Year 2009-2010 Goal to
"study the feasibility of the City establishing a process that would require business participation
in the Alameda County Public Access Defibrillation (PAD) program". At the City Council meeting
on November, 16 2010, Staff presented the initial findings with a recommendation to implement
an.Automatic External Defibrillator (AED) educational outreach program with a one-year study
period for new and existing businesses. The City Council directed staff to examine the
possibility of implementing a more robust program that could require new and existing
businesses to deploy AEDs. Staff had researched potential AED/PAD programs for the Dublin
community and conducted a preliminary analysis of the fiscal and implementation impacts. In
the development of options, Staff reached out to the Dublin Chamber of Commerce and the
Alameda County Emergency Medical Services (County EMS) for input. Staff was seeking
further direction from the City Council on this item.
Cm. Biddle asked if it would be up to the City to provide the development and Staff training
associated with any program implemented by the City.
Chief Shaffer stated that was correct.
Vm. Hart asked why there was no information regarding retail establishments in the Staff
Report.
Chief Shaffer stated that the retail establishments at Hacienda Crossings were in Attachment 3
in the Staff Report. Option 1 would include all businesses, as detailed in the Staff Report.
Cm. Swalwell stated that the Staff Report indicated a small percentage of calls for service
required AEDs. What was that percentage?
Chief Shaffer stated he did not have that exact percentage but he could get the information later
for the City Council.
Cm. Swalwell asked, within that small percentage, how many times was an AED nearby that
was not used, or there was lack of training.
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Chief Shaffer stated he did not have the exact statistic, but there were studies that showed
when an AED was available, it was used less than 5% of the time. Theoretically, reasons for
non-use could be a person was not trained to use it, reluctant to use it, did not want to get
involved or was unable to act.
Cm. Swalwell stated, at the Fire Advisory Committee meeting, Chief Shaffer had discussed an
iphone application that showed where AEDs were located. He asked for information as to
where it was available and would it being coming to Dublin.
Chief Shaffer stated the application had been developed by and deployed at San Ramon Valley
Fire Protection District (District}. The appfication showed all the AED locations the District had
been able to log, in real time. It was designed to allow a person to receive push notification of
the immediate need for CPR. If a person was trained in CPR and in the area, they could assist.
Alameda County Fire was watching the application and would return with information if its use
was being considered.
Cm. Hildenbrand stated she had received inquiries from residents regarding this application.
Mayor Sbranti stated he received a letter from Nancy Feely, CEO of the Dublin Chamber of
Commerce, discussing a recent meeting she had with Alameda County Fire Department
representatives. She stated there needed to be an educational outreach program for Dublin
businesses regarding the benefits and costs of the AED program. She stated the Chamber
would be happy to work with the City on this.
Suzette Clark Walker, Chamber of Commerce representative, stated the Chamber would be
discussing this item at their meeting next week.
Cm. Hildenbrand stated this was an excellent idea, but considering the costs, the City should go
with Option 3, an educational outreach program to businesses (new and existing) identified in
Option 2, with a potential incentive program implemented after one year. There needed to be
an educational outreach program. It was important to have an AED at Hacienda Crossings.
She did not know if the City could justify hiring a Staff person to administer a program at this
time. She did support this.
Cm. Swalwell stated the City was ahead of the curve and he would choose to start with Option
3. If the City went with any other option, the City would have to consider geographic locations
of businesses. He was interested in the iphone application discussed earlier.
Cm. Biddle stated he would support starting with Option 3 and working toward Option 2, a
mandated program requiring only those businesses (new and existing) that qualify as a location
with a higher need for the use of an AED.
Vm. Hart stated his passion was defibrillators. They saved lives. He was very supportive of
working with the Chamber of Commerce, but at a more expeditious pace towards Option 2.
Option 2 should be the City's goal. He was not sure administrative support would require one
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full time employee. He believed that estimate was on the high end. He knew it was doable.
There would be some administrative work that would need to be done. There would need to be
work done regarding location. Not ever single business needed to get AEDs. There needed to
be at least one AED at Hacienda. He did not want to hurt small businesses. He would like to
give direction to move forward maybe with Options 2 and 3. The City could start with Option 3
and work toward Option 2. He did not believe the cost of each unit was $3,000-4,000. If it was
mandated, it would save lives. He was not afraid to push the businesses a little bit. It was an
opportunity to move forward with something that was very progressive. He would like to give
direction to Staff to move forward in a more assertive manner, with Option 2 being the goal the
City could move toward.
Cm. Swalwell asked Vm. Hart what he would think about going with Option 3 for now and then
having the City come back in a year with options in regard to geographic locations of AEDs.
Vm. Hart stated he was not convinced an education program would take a year to implement.
There was probably written materials already on the subject. Time was of the essence. He
reiterated his passion regarding this subject matter. Implementation needed to be more robust
than educational outreach.
Cm. Swalwell stated this item was important, but the City should start with outreach.
Mayor Sbranti stated the City needed to look at what the Fire District was doing. It was exciting.
The City could use Option 3 to move toward Option 2. The City could set up a working group
with the Chamber, Fire and Staff to prioritize direction. The group could take a look at
geographic areas. Businesses could participate in purchasing a unit and share costs. He would
like to get a report back by December from the working group.
Cm. Hildenbrand stated it was like what was done with smoking, have the stakeholders involved
in the discussions and get a report back in nine months and there might be more buy-in.
Cm. Biddle stated to mandate a unit in businesses might just make the AED a piece of
hardware, with no training or educational outreach.
Mayor Sbranti stated the outreach needed to be there. There was a lot of work that could be
done.
Cm. Swalwell stated there could be anecdotes of actual local AED uses in the outreach.
Mayor Sbranti stated with a report in nine months, he would like to see what was happening
with the iphone application and see where Alameda County Fire was with this.
Vm. Hart stated he could live with a report in six months. He would like to participate in the
group.
Mayor Sbranti asked the City Manager if a report back in six months was doable.
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City Manager Pattillo stated it would take three months just to get the participants lined up and
then they could come back in three months to report what progress had been made. Usually,
when the City implemented educational programs, they let them settle for a year. This had
been done with the City's environmental programs. Would the City Council agree to three
months for program development, and three months to see what results, if any, were
accomplished. The group would be composed of the Fire Department, a member of the City
Manager's Office, and the Chamber of Commerce.
Mayor Sbranti stated he could agree to three months for formation and then another three
months to see how education was working.
City Manager Pattillo stated the City would also have to work with the Alameda County Health
Department.
Mayor Sbranti asked if someone donated an AED unit, was it a charitable donation.
City Attorney Bakker stated it could be a business tax right off.
Mayor Sbranti stated it was more expensive to buy a unit individually than buy in bulk and
maybe businesses could share in the costs. Perhaps this could be an item on the agenda for
the next faith-based round table meeting.
City Manager Pattillo reiterated that City Council direction was to convene a group of Alameda
County EMS, Dublin Chamber of Commerce, and City Staff and Fire, in developing a goal
statement, as identified, and review associated outreach strategies; and return in three months
to report. Then the group would implement strategies for three months and return with a status
report. The report would come back to the City Council in August or September.
The City Council concurred with the City Manager's stated plan.
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Sustainable Neiphborhood Desiqn. Stratepv
8:04:08 PM 7.2 (530-10)
Principal Planner Kristi Bascom presented the Staff Report and advised that the City of Dublin
had taken an active role in promoting environmental sustainability with initiatives such as the
Green Building Ordinance and the City's recent adoption of a Climate Action Plan. In this
report, Staff was presenting the City Council with various . options for implementing a
"Sustainable Neighborhood Design Strategy," which would enable and promote sustainable site
design and planning for the street, land use, and open space patterns for neighborhoods in
Dublin.
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Vm. Hart asked if part of the policy would include width of streets.
Ms. Bascom stated she had been working with Public Works and the policy would cover width
of the ultimate right of way, which would incorporate sidewalks, parkway strips, bicycle lane, as
well as travel lanes, medians and the light.
Vm. Hart asked if there were certain areas of the City that had wider streets, or setbacks of
residences, than others. He asked if the proposed policy would recommend guidelines relative
to that aspect.
Ms. Bascom stated it would focus more on the amenities on the street, such as ensuring correct
bicycle lane widths and ample sidewalks for pedestrians as well as detached sidewalks, in
particular, with a parkway sidewalk between the sidewalk and the street. There were many
classifications of roadways.
Cm. Swalwell asked if this was state-of-the-art.
Ms. Bascom stated this was nothing cities were doing on a regular basis. Other cities were
taking a variety of approaches. Looking at this on a broader level, it was unusual to be able to
propose something on a planning level. There was no one in the area that the City could use as
an example.
City Manager Pattillo stated this compiled a lot of what the City was already doing. It was a
collection of the City's current practices.
Mayor Sbranti stated this was including parts of current City documents such as the City's
Streetscape Master Plan and the Bikeways Master Plan.
Ms. Bascom stated this was what the City was doing. The City could say from this point forward,
this is what the City wanted to see in its neighborhoods.
Cm. Hildenbrand stated the Summerglen community in Dublin was a wonderfully planned,
walkable community. Residents were utilizing what was around them. The City should be
striving for more green infrastructure; she would like to see more must-haves in green building
infrastructures.
Cm. Biddle stated this kept the City ahead of what was being presented in the County.
The City Council discussed and, by consensus, approved the following five Staff
recommendations of the Sustainable Neighborhood Design Strategy:
Item 1 Content of the Draft SNDS
Item 2 Applicabilit~of the SNDS based on proiect tvpe
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Item 3 Applicabilitv of the SNDS to actual proiects
Item 4 Implementation and Incentives and Item 5 Adoptinq Draft SNDS
By consensus, the City Council confirmed Staff's recommendations on the elements of the Draft
Sustainable Neighborhood Design Strategy, the applicability of the Sustainable Neighborhood
Design Strategy; the methods of implementing, and methods for adopting the Sustainable
Neighborhood Design Strategy.
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NEW BUSINESS
Proposed Second Amendment to the First Time Homebuver Loan Proqram
8:34:24 PM 8.1 (430-60)
Community Development Director Jeri Ram presented the Staff Report and advised that Staff
was requesting the City Council authorize the Second Amendment to the First Time Homebuyer
Loan Program to address changes in the residential mortgage industry that had occurred in the
past several years. Additionally, the Amendment included minor clean ups that were necessary
to streamline processes. Staff was also requesting direction from the City Council if a change
should be explored that would offer borrowers the ability to repay their loans monthly with fixed
principal and interest payments.
Vm. Hart asked for an explanation of a third party vendor.
Ms. Ram stated some nearby cities used a loan servicing company to manage its portfolio for
the loans for the payments. The person who paid the loan did so through a servicing company
that then worked with the city.
Vm. Hart asked how many loans had been approved.
Ms. Ram stated thirty loans had been approved and the program had been in existence for five
or six years. The total value of the loans was $982,000 and the average loan amount was
about $35,000.
Cm. Swalwell asked if it was correct that there had only been one default on these loans.
Ms. Ram stated that was correct.
Suzette Clark Wa{ker, Bay East Realtors, stated the mortgage industry had changed and it
made sense to make these changes. She asked the City Council to approve the changes.
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Vm. Hart asked why the City was involved in managing the First Time Homebuyer Loan
Program. There was a budgetary cost associated with managing the program.
Ms. Ram stated each city had a housing element that required certain housing programs. One
program the City developed was the inclusionary program. The development community had
the ability to build 12.5% inclusionary units or to put into a fund a portion of that, or 5%. That
5% went into a housing in-lieu fee fund that the City used for many of the programs that the City
had. This was one of them. It also helped pay for Housing Staff to support those programs.
City Manager Pattillo asked if Vm. Hart's questions was about the City's management of the
program versus having a third party manage the program. The decision was made years ago
when this program was established to have City Staff manage it.
Vm. Hart asked if a non-profit organization could do the same thing.
Ms. Ram stated she had not explored that option.
City Manager Pattillo stated if that was an option the City Council would like Staff to explore,
they could do that.
Vm. Hart stated it was something to examine. It had budgetary ramifications to the City as a
whole. There were other ways to provide the service at a significantly reduced cost. He stated
he was trying to make clear that his concerns were not the program itself, but the delivery or
management of the program needed to be evaluated.
Cm. Hildenbrand stated she did not totally agree with Vm. Hart. She did not believe it had
caused considerable hardship on the City to manage the program. It had come out of the
Affordable Housing Task Force and had evolved. There were non-profits right now that were
mismanaging monies funded by cities. She was concerned about that option.
Vm. Hart asked about the cost of managing the program.
City Manager Pattillo stated she did not have the exact costs at hand. If the City Council
wanted Staff to evaluate it, they could take a look at how they currently delivered the program
and current expenditures and is there an opportunity to do it differently? Staff could evaluate
service delivery.
Vm. Hart asked if, as a rough estimate, was it more or less than $400,000.
City Manager Pattillo stated the $400,000 included the dollars allocated for the loans.
Vm. Hart asked, if the City had only done 30 loans in a six year period, could there potentially
be some cost savings that would benefit the City if a reallocation was done. The City Council
was always striving toward more cost efficient ways of doing business.
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Mayor Sbranti clarified that the money the City spent on the managing the program were not
General Fund dollars. They were inclusionary housing dollars. Did most other cities manage
their loan programs?
Ms. Ram stated most of the surrounding cities managed their First Time Homebuyer Loan
programs. Something to consider was that the Housing Staff manages a whole portfolio of
different programs, e.g., Community Development Block Grant monies. This was only part of
what they do. So far this year, the City had processed two loans. She did not know if a non-
profit would be interested in managing something so small.
Mayor Sbranti asked what the process was for someone to apply for a First Time Homebuyer
loan.
Ms. Ram stated the information was on the City website. The City actively marketed it with Bay
East. The real estate agents that sold properties in Dublin were aware of the program. The
financial institutions that worked in the area were also aware of the program. Citizens could
come in and fill out an application.
Mayor Sbranti stated Staff could take a look at what other jurisdictions were doing. He was also
leery of taking this outside of the City and going to non-profits. In regard to history behind the
First Time Homebuyer Program, he had asked that it be placed on the City's Goals &
Objectives. It was approved after he was off of the City Council. The reason he suggested a
program was because housing costs were escalating. First time homebuyers were having
difficulties entering the market. First time homebuyers were still having difficulties entering the
market today. This program had value. He agreed there was always opportunity to look to see
how programs were managed.
Vm. Hart said the City could have the program, but the City did not have to manage the
program. There were other options to look at. Were there not other funding needs for
inclusionary dollars?
City Manager Pattillo stated there were a variety of things Staff wanted to present to the City
Council for future consideration of inclusionary dollars. That would be part of the budget
discussion. At one time, the First Time Homebuyer Loan program was set at $500,000. It was
now set at $400,000. Staff would return with the cost of managing the program, look at other
options, and how other cities managed their programs. Could someone else manage it? Would
the City Council like Staff to research fixed monthly payment option? What did the City Council
want Staff to return with?
Mayor Sbranti stated Staff should look at all of the above. Staff should research fixed monthly
payments and what were the different ways of handling it. Staff should also look at how other
jurisdictions handled their loan programs. ~
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City Manager Pattillo stated the there were other Housing elements completed by the Housing
Staff.
Vm. Hart stated they needed to put everything on the table, including a program that the City
could provide at a reduced cost and still have control over.
On motion of Cm. Swalwell, seconded by Cm. Biddle and by unanimous vote, the City Council
provided Staff direction on exploring the ability for a borrower to repay a loan with fixed monthly
payments, research options on managing the loan program, and adopted
RESOLUTION NO. 23 -11
SECOND AMENDMENT TO THE CITY OF DUBLIN FIRST TIME HOMEBUYER LOAN
PROGRAM
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Letter of Support for Lawrence Berkelev National Lab Second Campus
9:03:20 PM 8.2 (470-10)
Economic Development Director Linda Maurer presented the Staff Report and advised that the
City received notification that Lawrence Berkeley National Laboratory issued a Request for
Qualifications for a second campus. The City notified property owners in Dublin and received
notice that one site would be submitted from Dublin. Staff was recommending that the City
Council direct the Mayor to provide a letter of support to Argent Development Group as part of
their submittal to the Request for Qualifications.
On motion of Vm. Hart, seconded by Cm. Hildenbrand and by unanimous vote, the City Council
directed the Mayor to provide a letter of support to locate the second Lawrence Berkeley
National Lab campus in Dublin.
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OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or Staff,
including Committee Reports and Reports by Council related to meetings attended at
City expense (AB 1234)
9:10:37 PM
City Manager Pattillo stated on the City's website citizens were encouraged to sign up for the
Dublin Police Academy. There would be a public meeting on March 3~d regarding Altamont
Corridor Rail Project. There would also be a webinar on March 10 regarding the same project.
The information was on the City's website. The Green and White Gala would take place on
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March 11, 2011, the St. Patrick's Parade and community event would be on Saturday, March
12, 2011, and Sunday March 13, 2011 at the Civic Center and the 5k Fun Run and Walk on
Sunday.
Cm. Swalwell stated he ' attended the Volunteer Recognition event. He attended the Fire
Commission meeting, the Strategic Planning Workshop and the Chamber of Commerce Expo.
Cm. Hildenbrand stated she attended the BART ribbon cutting ceremony. She had received a
comment from a citizen regarding security at the station.
Vm. Hart asked that the City Manager and Chief of Police work with BART regarding perceived
security issues at the station.
Cm. Hildenbrand stated she attended the Volunteer Recognition event, the Livermore Amador
Valley Transportation Authority Finance Committee meeting and an Executive meeting of East
Bay Division of League of California Cities.
Cm. Biddle stated he attended the Tri-Valley City Council meeting, the Developer's Roundtable,
the Tri-Valley Affordable Housing meeting, the Chamber of Commerce Expo, the Strategic
Planning Workshop, and the BART ribbon cutting ceremony.
Vm. Hart stated he attended the Fire Advisory Commission meeting, the Volunteer Recognition
event, and an Associated Community Action Program meeting. Vm. Hart asked if the City
Council would consider rescheduling the March 7, 2011 budget meeting.
By consensus, the City Council agreed to reschedule the March 7, 2011 Budget meeting to
Monday, March 14, 2011 at 5:30 p.m.
Mayor Sbranti stated he attended the Tri-Valley City Council meeting, the Volunteer Recognition
event, the BART ribbon cutting ceremony, the Chamber of Commerce Business Expo, the
Strategic Planning Workshop, an Integrity in Action meeting, and a TV30 meeting.
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ADJOURNMENT
10.1
There being no further business to come before the City Council, the meeting was adjourned at
9:41:11 PM in memory of Staff Sgt. Sean Diamond and our fallen troops.
Minutes prepared by Caroline P. Soto, City Clerk.
ATTEST: ,~` ~
City Clerk
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Mayor
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