HomeMy WebLinkAbout07-21-2009 Adopted CC MinOF DU~~~ MINUTES OF THE CITY COUNCIL
`,` OF THE CITY OF DUBLIN
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~ l~ REGULAR MEETING -July 21, 2009
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CLOSED SESSION
6:30
Mayor Sbranti announced that the Closed Session would be held at the end of the City
Council meeting.
A regular meeting of the Dublin City Council was held on Tuesday, July 21, 2009, 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 Biddle, Hart, Scholz, and Mayor Sbranti
ABSENT: Vice Mayor Hildenbrand
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the City Council, Staff and those
present.
ORAL COMMUNICATIONS
Proclamation in Honor of Staff Sgt. Sean Diamond
7:01 p.m. 3.1 (610-50)
The City Council presented a proclamation to Sally Wiley, mother of Staff Sgt. Diamond
and Madison Diamond, daughter of Staff Sgt. Sean Diamond, in honor of his service to
his country.
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Staff Sgt. Diamond's aunt read a letter from his roommate that spoke to the person he was.
Lt. Col. Friend, Garrison Commander for Camp Parks, stated he was honored to be part of
the ceremony and offered his condolences.
Accept Donation from Bras and Mattos Monument Company
7:13 p.m. 3.2 (150-70)
City Manager Pattillo recognized Bras and Mattos for their donation of the
commemorative plaque honoring Staff Sgt. Sean Diamond
On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote
(Vm. Hildenbrand absent), the City Council formally accepted the donation.
Introduction of Employees: Jeff Baker, Planning Manager; Martha Aja,
Environmental Specialist; Jordan Figueiredo, Environmental Technician
7:15 p.m. 3.3 (700-10)
Community Development Director Jeri Ram introduced Jeff Baker as the new City
Planning Manager.
Administrative Analyst Roger Bradley introduced Martha Aja as the City's new
Environmental Specialist, and Jordan Figueiredo as the City's Environmental Specialist.
The City Council congratulated Mr. Baker, Ms. Aja and Mr. Figueiredo on their new
positions with the City.
Certificate of Recognition
for Mrs. Michel Masuda-Nash, Outstanding First-Year Teacher Award
7:19 p.m. 3.4 (610-50)
The City Council presented Murray Elementary School teacher Mrs. Michel Masuda-
Nash, acertificate for Outstanding First-Year Teacher Award.
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Mrs. Masuda-Nash thanked the City Council for the recognition.
Rick Boster, Principal of Murray School, stated Ms. Masuda-Nash competed against many
teachers for this award and was a deserving recipient.
Pam Lear, Director of Educational Services for the Dublin Unified School District,
congratulated Mrs. Masuda-Nash on her receipt of the award.
Proclamation for "Parks and Recreation Month"
7:25 p.m. 3.5 (610-50)
The City Council presented a proclamation to Steve Jones, Chairperson of the Parks &
Community Services Commission, declaring July as "Parks and Recreation Month".
Mr. Jones thanked the City for the proclamation.
Acceptance of Gifts to City from Bike to Work Day Contributing Sponsors
7:29 p.m. 3.6 (150-70)
Administrative Analyst Erin Lamberger presented the Staff Report that detailed the
contributions received from various local businesses and organizations for the Bike to
Work Day Energizer Station held on May 14, 2009.
The City Council presented Certificates of Appreciation to Panera Bread, Livermore
Cyclery, Dublin Cyclery, and Performance Bicycle.
On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote
(Vm. Hildenbrand absent), the City Council formally accepted the contributions.
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Proclamation for "26th Annual National Night Out"
7:36 p.m. 3.7 (610-50)
The City Council presented a proclamation to Commander Nice of Dublin Police
declaring August 4, 2009 as "National Night Out".
Public Comments
7:39 p.m. 3.8
No comments were made by any member of the public at this time.
CONSENT CALENDAR
7:39 p.m. Items 4.1 through 4.7
City Manager Pattillo noted that the dollar figure on Item 4.7 had a typographical error. A
corrected version had been provided.
On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote
(Vm. Hildenbrand absent), the City Council took the following actions:
Approved (4.1) Minutes of May 19, 2009 and June 2, 2009, Special Meeting of June 3,
2009 and Adjourned Regular Meeting of June 23, 2009;
Accepted (4.2 600-35) improvements under Shannon Community Center Arts contracts;
Accepted (4.3 600-35) work for Contract No. 09-04, Citywide Street Storm Drain
Condition;
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Adopted (4.4 400-30/410-30/450-20)
ORDINANCE NO. 11 - 09
AMENDING THE DUBLIN MUNICIPAL CODE CHAPTER 8.84 RELATING TO
SIGN REGULATIONS AND CHAPTER 8.96 RELATING TO PERMIT
PROCEDURES FOR AONE-YEAR PERIOD, ZOA 09-001
and
ORDINANCE NO. 12 - 09
AMENDING THE DUBLIN MUNICIPAL CODE CHAPTER 8.104 RELATING TO
SITE DEVELOPMENT REVIEW, ZOA 09-001
Adopted (4.5 600-40)
RESOLUTION NO. 106 - 09
AMENDMENT TO EXHIBIT "A" OF THE STREETLIGHT LICENSE
AGREEMENT WITH PACIFIC GAS & ELECTRIC (PG&E) FOR
SMARTMETER PROGRAM
Received (4.6 330-50) Preliminary Financial Reports for the Month of May 2009;
Approved (4.7 300-40) the Warrant Register in the amount of $4,509.405.36.
WRITTEN COMMUNICATIONS -None
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PUBLIC HEARINGS
Citywide Street Lighting Maintenance Assessment District 83-1, Landscaping and
Lighting Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and
Lighting Maintenance Assessment District No. 86-1 (Villages at Willow Creek);
Landscaping Maintenance Assessment District 97-1 (Santa Rita Area); Street
Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067
7:40 p.m. 6.1 (360-20)
Administrative Analyst Erin Lamberger presented the Staff Report and advised that within
the City of Dublin, two street lighting assessment districts paid the cost of energy and
maintenance for the City's street light system. Three landscaping maintenance districts
paid the cost of landscape maintenance and utilities in three contained districts within the
City's boundaries. The City Council would consider approving the Engineer's Reports
and the levy of assessments in each of the two street lighting maintenance districts and the
three landscaping maintenance districts for the 2009-2010 Fiscal Year. A Public Hearing
would be opened and closed for each of the five Assessment Districts.
Mayor Sbranti asked if LED lighting would be considered by these assessment districts.
There might be a savings involved with LED lighting.
City Manager Pattillo stated Staff would be taking a look at that this fiscal year. Staff
always examined ways to deliver efficiencies within all these assessment districts.
Mayor Sbranti asked, in regard to Assessment District 97-1, what was different about that
district that caused the higher percentage increase.
Ms. Lamberger stated a substantial amount of that Assessment District's reserve had been
used in the prior year due to a commercial lot that was anticipated to be paying into the
District, but was eventually not included. Costs had also escalated for all the Districts and
this District's assessment had maintained the same assessment for the past several years.
It was prudent to increase the reserve for this District. This still would not bring the
reserve up to 50%, but the assessment would be increased incrementally.
Mayor Sbranti asked, for this Assessment District, why was this district calculated
differently than the others.
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Ms. Lamberger stated that, in this particular District, the developer had made the decision
to work with this different breakdown. The City continued to work with the residents on
these breakdown issues.
Mayor Sbranti asked if this current process worked best for homeowners.
Ms. Lamberger stated it functioned well and the homeowners were aware how these
Assessment Districts were calculated when they purchased their homes.
Mayor Sbranti opened the Public Hearing for Assessment District 83-1.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
Mayor Sbranti opened the Public Hearing for Assessment District 83-2.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
Mayor Sbranti opened the Public Hearing for Assessment District 86-1.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
Mayor Sbranti opened the Public Hearing for Assessment District 97- l .
Mr. Schmidt, Dublin resident, stated he had pictures of his neighborhood within
Assessment District 97-1, which showed there were issues that needed to be addressed
other than pruning and shrubbery, per the Staff Report. He wanted to know where his
money was going. He handed these pictures to Mayor Sbranti. He would rather see the
money used more effectively.
Mayor Sbranti closed the public hearing.
Mayor Sbranti opened the Public Hearing for Assessment District 99-1.
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No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
Cm. Scholz asked if in regard to replacement of lightbulbs, was that on a planned cycle.
Was there an expected lifetime for lightbulbs?
Ms. Lamberger stated that there was a person who checked the lights on a regular basis.
Also, the budget for lightbulbs was based on an estimated lifetime, and budgeted
accordingly.
Cm. Biddle stated he was surprised that there were rarely any attendees at the public
meetings regarding the Assessment Districts.
Mayor Sbranti asked if walls were an Assessment District's responsibility or the
Homeowners' Association's responsibility.
Ms. Lamberger stated it was dependent on if the wall was on public or private property.
Ms. Pattillo pointed out to the City Council that, in the Staff Report, there was a detailed
breakdown of costs, including infrastructures costs, addressed by the Assessment District.
Staff would meet to discuss issues brought up by the public speaker today.
On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote
(Vm. Hildenbrand absent), the City Council adopted
RESOLUTION NO. 107 - 09
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT, CITY OF DUBLIN
STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1
and
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RESOLUTION NO. 108 - 09
APPROVING ENGINEER' S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT AND ORDERING LEVY OF ASSESSMENT,
CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD)
and
RESOLUTION NO. 109 - 09
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT, CITY OF DUBLIN
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT 86-1 (VILLAGES AT WILLOW CREEK)
and
RESOLUTION NO. 110 - 09
APPROVING ENGINEER' S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT, CITY OF
DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1
(SANTA RITA AREA)
and
RESOLUTION NO. 111- 09
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN
STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1
(DUBLIN RANCH AND TRACT 7067)
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Community Banquet and Meeting Facility Use Policy and Rental Fee Schedule
8 :09 p.m. 6.2 (200-10/210-10/220-10/240-10/295-10)
Mayor Sbranti opened the public hearing.
Assistant Director of Parks and Community Services Paul McCreary presented the Staff
Report and advised that the City Council would consider modifications to the rental
policies and fees for community use of the Dublin Civic Center, Dublin Public Library,
Dublin Senior Center, Old St. Raymond's Church and the Shannon Community Center.
The City Council and Staff discussed the use of candles in the City's rental facilities.
What uses were allowed and where? What paperwork and approvals were required and
where could paperwork be attained? The City Council wanted further clarification on
these questions.
By consensus, the City Council requested Staff return with clarification on use of candles
in City rental facilities.
Staff agreed to return with such clarification.
The City Council discussed permits and applications for use of alcohol for rental facilities.
Cm. Hart requested wording on the application informing applicants that fire permits
could be attained at the Shannon Center, along with application packets, for one-stop
shopping.
The City Council agreed with Cm. Hart's request.
The City Council discussed the rates for rental facilities.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote,
(Vm. Hildenbrand absent) the City Council adopted
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Gc~as
RESOLUTION NO. 112 - 09
ESTABLISHING COMMUNITY MEETING AND
BANQUET FACILITY USE POLICY AND
RENTAL FEE SCHEDULE FOR USE OF THE DUBLIN CIVIC CENTER,
DUBLIN LIBRARY COMMUNITY ROOM, DUBLIN SENIOR CENTER, OLD ST.
RAYMOND'S CHURCH, AND SHANNON COMMUNITY CENTER
and requested that wording on the application include that fire permits, and other
associated City documents, could be attained and returned at the Shannon Center, along
with application packets, for one-stop shopping; and requested Staff return with
clarification on the use of candles at City rental facilities.
UNFINISHED BUSINESS
Adopt a Resolution Approving a First Amendment to the
Fiscal Year 2008-2009 Agreement between the City of Dublin and the
County of Alameda for the Purpose of Carrying Out Activities
Under the Community Development Block Grant-Recovery (CDBG-R) Program
8:36 p.m. 7.1 (600-40)
Administrative Aide Gaylene Burkett presented the Staff Report and advised that the City
Council would consider authorizing an amendment to the Fiscal Year 2008-2009
Agreement between the City of Dublin and the County of Alameda for use of Community
Development Block Grant Recovery Funds (CDBG-R) in the amount of $36,760.
On motion of Cm. Hart, seconded by Cm. Biddle and by unanimous vote
(Vm. Hildenbrand absent), the City Council adopted
RESOLUTION NO. 113 - 09
AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIRST
AMENDMENT TO THE FISCAL YEAR 2008-2009 AGREEMENT BY AND
BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN FOR
THE PURPOSE OF CARRYING OUT ACTIVITIES UNDER THE COMMUNITY
DEVELOPMENT BLOCK GRANT-RECOVERY (CDBG-R) PROGRAM
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Amendment No. 1 to
Consulting Services Agreement with Royston Hanamoto Alley & Abey (RHAA)
for the East and West Dublin BART Station Corridor Enhancements Proiect
8:41 p.m. 7.2 (600-30)
Director of Public Works Melissa Morton presented the Staff Report and advised that it
was proposed to expand the scope of work for Royston Hanamoto Alley & Abey's
(RHAA) Consulting Services Agreement to include additional design and construction
support services for the East and West Dublin BART Corridor Enhancements project.
Amendment No. 1 would extend the Agreement until June 30, 2011, and increase the
consultant's scope of work on a time and materials basis by a sum not to exceed $90,078.
Mayor Sbranti noted this project did not include General Fund dollars. Also, how much
of the funds were going towards lighting?
Ms. Morton stated that the grant would not being going toward the large street lights. The
features incorporated in the median island would be lit. There would be a night time
component as well as the gateway feature.
Mayor Sbranti asked that LED lighting also be examined.
Cm. Hart asked that a summary of the project, in regards to the Federal Stimulus Package
funding, be placed on the website.
On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote
(Vm. Hildenbrand absent), the City Council adopted
RESOLUTION NO. 114 - 09
APPROVING AMENDMENT NO. 1 TO CONSULTING SERVICES
AGREEMENT WITH ROYSTON HANAMOTO ALLEY & ABEY (RHAA) FOR
THE EAST AND WEST DUBLIN BART STATION CORRIDOR
ENHANCEMENTS PROJECT
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Consultant Services Agreement with RBF Consulting to
Prepare an Environmental Impact Report for the Downtown Dublin Specific Plan
8:47 p.m. 7.3 (600-30/400-20)
Planning Manager Jeff Baker presented the Staff Report and advised that the City Council
would consider a resolution authorizing the City Manager to sign a Consulting Services
Agreement with RBF Consulting to prepare an Environmental Impact Report (EIR) for the
Dublin Downtown Specific Plan once the Metropolitan Transportation Commission
(MTC) had executed the Funding Agreement which would provide up to $200,000 for the
preparation of the EIR through the MTC Station Area Planning Grant Program.
The City Council commented on the length of the project, the use of grant funds,
extensive community involvement, and the transportation model. It was a lengthy but
worthwhile project.
On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote
(Vm. Hildenbrand absent), the City Council adopted
RESOLUTION NO. 115 - 09
APPROVING A CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND RBF CONSULTING AND AUTHORIZING THE
CITY MANAGER TO SIGN THE AGREEMENT ON BEHALF OF THE CITY
Approval of Resolution Authorizing the
Execution of a Grant Funding Agreement with the Alameda County
Transportation Improvement Authority for the Alamo Canal Trail Under I-580
8:55 p.m. 7.4 (600-40)
Director of Public Works Melissa Morton presented the Staff Report and advised that the
Alameda County Transportation Improvement Authority (ACTIA) approved $891,000 of
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discretionary Measure BBicycle/Pedestrian funds for the Alamo Canal Trail Under I-580.
In order to execute the Grant Funding Agreement, ACTIA required a resolution be
approved by the City Council to authorize its execution and to assure the project be
completed.
Mayor Sbranti asked if there were any other opportunities available if this funding did not
come through.
Ms. Morton stated there were other grants, such as environmental grants, that the City
could pursue.
Mayor Sbranti stated there were not many safe travel opportunities for pedestrians from
Dublin to Pleasanton. Were there any grant opportunities, related to safety that could be
pursued?
Ms. Morton stated there had been nothing related that had presented itself to-date, but
Staff would continue watching for opportunities.
On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote
(Vm. Hildenbrand absent), the City Council adopted
RESOLUTION NO. 116 - 09
AUTHORIZING THE EXECUTION OF A GRANT FUNDING AGREEMENT WITH
THE ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY
(ACTIA) FOR THE ALAMO CANAL TRAIL UNDER I-580 AND STATING
THE ASSURANCE TO COMPLETE THE PROJECT
NEW BUSINESS
City Direction Sign for
Auto Dealers Located Along Scarlett Court and Scarlett Drive
9:01 p.m. 8.1 (470-40)
Assistant to the City Manager Linda Maurer presented the Staff Report and advised that
one of the City Council's Fiscal Year 2009-2010 High Priority Goals and Objectives was
to assist the automobile dealers on Scarlett Court by enhancing their presence. Staff was
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seeking direction from the City Council regarding the development of City directional
signs to assist these dealers, as well as to enhance the City's economic development
activities. The creation of City directional signs for this purpose required an amendment,
by resolution, to the City's Streetscape Master Plan policies.
Cm. Hart asked if there was a reason for the sign dimensions of four-feet.
Ms. Maurer stated the actual sign dimensions would be determined once Staff completed
discussions with Public Works and determined what size sign was most visible.
Cm. Biddle stated this was an acceptable approach. These would be attached to existing
light poles, to the extent possible.
Ms. Maurer stated, if the City Council directed Staff to proceed, Staff would be working
with the car dealers on coordinating how these would become City signs so the City could
control the installation and maintenance. The car dealers would be required to provide the
City with the signs themselves.
Cm. Biddle stated this issue might come up again. Had the City been approached by other
City businesses?
Ms. Maurer stated that Staff anticipated other businesses inquiring about this sign
program. Staff would establish criteria for the City Council to evaluate sign requests in
the future.
Cm. Biddle asked if this would be included in the City's Streetscape Master Plan.
Ms. Maurer stated the City's Streetscape Master Plan contained policies that limited this
to just public facilities. Staff would be amending the policy and then allow for this to be
considered as requests became available, provided it met the newly established City
criteria.
Mayor Sbranti stated this was an economic incentive that could attract new businesses.
The City Council directed Staff to proceed with City directional signs for automobile
dealers located on Scarlett Court and Scarlett Drive.
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Agreement with Jordan & Associates for Federal Legislatiye Services
9:12 p.m. 8.2 (600-30)
City Manager Pattillo presented the Staff Report and advised that the City Council would
consider authorizing the City Manager to enter into an agreement with Jordan &
Associates for Federal legislative services for Fiscal Year 2009-2010.
The City Council discussed the benefit of having the services of Ms. Jordan.
On motion of Cm. Hart, seconded by Cm. Biddle and by unanimous vote
(Vm Hildenbrand absent), the City Council authorized the City Manager to enter into an
agreement with Jordan & Associates for federal Legislative Services for Fiscal Year 2009-
2010.
Designation of Agency Labor Negotiators -Unrepresented Employee: City Manager
9:16 p.m. 8.3 (110-30/600-30)
City Manager Pattillo presented the Staff Report and advised that this item provided for
the designation of two members of the City Council as the City's representatives to
discuss conditions of employment for the City Manager.
On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote
(Vm. Hildenbrand absent), the City Council designated Mayor Sbranti and Vice Mayor
Hildenbrand as the City's representatives to discuss conditions of employment for the City
Manager.
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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)
9:18 p.m.
City Manager Pattillo stated there was a handshake deal on the State's budget. There
were elements of which she would bring back to the City Council. There were proposed
takes from cities in the form of property tax and gas tax. When she had presented the
budget a few weeks ago, the estimated take at that time was approximately $3 million.
The gas tax take might be multiple years. Staff would be monitoring the budget and
return to the City Council with specific details.
Cm. Biddle stated he had attended the Rebuilding California Summit meeting in
Sacramento last Friday. There was discussion on getting California back on track. He
hoped the City would stay involved in this effort. He had attended the East Bay Division
League of City meeting. He attended the Stopwaste.org meeting.
Cm. Scholz stated she also attended the Summit in Sacramento. She attended the East
Bay Division meeting; she would be visiting the Livermore Lab.
Cm. Hart asked if the City Council could get an update on the work being done on
Dougherty and Dublin Boulevard.
Mayor Sbranti stated he had attended the Relay for Life event. He requested that Staff
take a look into the noticing of fireworks for that event. He had attended the East Bay
Innovation Showcase. He attended the Summit in Sacramento; He went on a tour of the
Alameda County Electrical Training Center and Sheet Metal Training Center. The Tri-
Valley Transportation Commission had met and approved the amendments to the Joint
Power Authority. He requested Staff make a presentation to the City Council on AB 811,
which was a bill that allowed cities and counties to participate in an energy revolving loan
fund. He would be speaking next week at a Breakfast with the Mayor event.
•~
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9:34 p.m.
The City Council reconvened to Closed Session regarding:
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 6600 Golden Gate Drive, Dublin, CA 94568; APN No. 941-1500-046
Agency negotiators: Agency negotiator: Joni Pattillo, City Manager; John Bakker,
City Attorney
Negotiating parties: Union Bank, N. A.
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 City Council, the meeting was
adjourned at 9:57 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops.
Minutes prepared by Caroline P. Soto, City Clerk.
~~~~
Mayor
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City Clerk
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