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REPORT OF CLOSED SESSION Vice Chair Thorne reported the Council had previously met in Closed Session and had no reportable action. PUBLIC HEARINGS AND OTHER MATTERS 18. Approve Second Amendment to the Financing Administration Agreement with DSRSD Director of Finance Emily Wagner gave the staff report, stating that the original Financing Administration Agreement (FAA) was between the City and Dublin San Ramon Services District, adopted December 2000, which establishes the parameters and procedures by which Dublin San Ramon Services District ( DSRSD) manages the regional expansion rate stabilization fund. Connection fees are approximately $13,840 per sewer connection, and monies deposited are used to fund debt service for the Livermore Amador Valley Water Management Agency (LAVWMA) bond and the DSRSD Wastewater Expansion bonds. The fund is also used to fund capital improvement projects for the DSRSD for regional sewer improvements. Ms. Wagner discussed the contractual relationships as overseen by the Liaison Committee comprised of staff from both agencies, Councilmembers Thorne and McGovern, and two Boardmembers from DSRSD. Recently, the Committee agreed to amend the FAA to include three major categories: 1. Establish criteria for joint review and approval of the capital improvement projects; 2. Procedures for increasing the regional connection fees prior to this second amendment. The way in which fees were increased was in violation to AB 1600 which requires a nexus study that establishes a cost/benefit relationships for any increases in regional connection fees; and 3. The amendment puts forth procedures to utilize excess funds. Councilmember McGovern likened this as another example of what the economy has done to development within this area of the community. Vice Mayor Thorne stated the request is something needed primarily because Pleasanton does not have a seat on DSRSD's Board. The only input is through the Liaison Committee and it is important to review capital projects and for the City to involve itself in what happens. Vice Mayor Thorne opened the public hearing. There were no public speakers, and he closed the public hearing. MOTION: It was m/s by Sullivan /McGovern to approve the Second Amendment to the Financing Administration Agreement with DSRSD as recommended. Motion passed by the following vote: Ayes: Councilmembers Cook - Kallio, McGovern, Sullivan, Vice Mayor Thorne Noes: None Absent: Mayor Hosterman 19. Approve program to re- allocate the City's unused Regional Sewer capacity for the purpose of implementing an Economic Development Incentive Program for eligible businesses. City Council Minutes Page 4 of 7 November 16, 2010