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Home My WebLink About4.1 Draft 12-4-12 Minutes STAFF REPORT CITY CLERK File # 610-10 CITY COUNCIL DATE:December 18, 2012 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Minutes of the Adjourned Regular City Council Meeting of December 4, 2012 Prepared by Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider the approval of the minutes of the Adjourned Regular City Council meeting of December 4, 2012. FINANCIAL IMPACT: None. RECOMMENDATION: Approve the minutes of the Adjourned Regular City Council meeting of December 4, 2012. Submitted By Reviewed By City Clerk/Records Manager Assistant City Manager DESCRIPTION: The City Council will consider the approval of the minutes of the Adjourned Regular City Council meeting of December 4, 2012. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the December 4, 2012 Adjourned Regular City Council Meeting ITEM NO. 4.1 Page 1 of 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADJOURNED REGULAR MEETING – DECEMBER 4, 2012 An adjourned regular meeting of the Dublin City Council was held on December 4, 2012, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 5:03 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, 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. ORAL COMMUNICATIONS Acceptance of Gifts to City from splatter Event Sponsors 5:03 p.m. 3.1 On motion of Vm. Hart, seconded by Cm. Hildenbrand and by unanimous vote, the City Council recognized the sponsors and formally accepted the contributions. Acceptance of Gifts from Dublin Historical Preservation Association 5:07 p.m. 3.2 On motion of Cm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote, the City Council accepted the gifts and formally recognized the Dublin Historical Preservation Association for its donations. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 31 ADJOURNED REGULAR MEETING DECEMBER 4, 2012 Public Comments 5:12 p.m. No comments were made by any member of the public at this time. CONSENT CALENDAR 5:12 p.m. 4.1 Items 4.1 through 4.8 The City Council pulled Items 4.4, 4.7, and 4.8 for further discussion. 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 the Regular City Council Meeting of November 20, 2012; Adopted 4.2 RESOLUTION NO. 198 - 12 APPROVING AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND ECONOMIC & PLANNING SYSTEMS, INC. Adopted 4.3 ORDINANCE NO. 19 - 12 AMENDING CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) RELATED TO THE VILLAGE PARKWAY MARKET-BASED PARKING PROGRAM PLPA-2012-00033 Accepted 4.5 the improvements under Contract No. 12-07, 2012 Storm Drain Cleaning and CCTV Project, authorized a change order in the amount of $23,401.70 to Sanact, Inc., authorized Staff to file a Notice of Completion, and authorized the release of retention after 35 days if there are no subcontractor claims. Authorized 4.6 the allocation of sewer capacity to Red Mountain Retail Group. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 31 ADJOURNED REGULAR MEETING DECEMBER 4, 2012 Mayor Sbranti pulled Item 4.4 for further discussion. On motion of Mayor Sbranti, seconded by Vm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 199 - 12 ADOPTING A COMPLETE STREETS POLICY Vm. Hart pulled Item 4.7 for further discussion. Serena Chen provided written public comment on this item. Janice Louie, Alameda County Public Health Department, provided written public comment on this item. Zeeshan Rajan, Alameda County Public Health Department, provided written public comment on this item. Traci Cross provided written public comment on this item. Karishma Khafi provided written public comment on this item. Tiffany Wong provided written public comment on this item. Sonja Chen provided written public comment on this item. On motion of Cm. Hildenbrand, seconded by Cm. Swalwell and by majority vote (Vm. Hart voting no), the City Council waived the reading and adopted ORDINANCE NO. 20 - 12 ADDING A NEW CHAPTER 8.43 AND AMENDING CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES), 8.30 (DOWNTOWN DUBLIN ZONING DISTRICT) AND 8.116 (ZONING CLEARANCE) OF THE DUBLIN MUNICIPAL CODE TO REGULATE THE LOCATION OF TOBACCO RETAILERS WITHIN THE CITY OF DUBLIN, ADDING A NEW CHAPTER 4.40 TO THE DUBLIN MUNICIPAL CODE REQUIRING THE LICENSURE OF TOBACCO RETAILERS, AND AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL RESOLUTION NO. 200 - 12 DUBLIN CITY COUNCIL MINUTES 3 VOLUME 31 ADJOURNED REGULAR MEETING DECEMBER 4, 2012 AMENDING THE CITY OF DUBLIN MASTER FEE SCHEDULE FOR SERVICES PROVIDED BY THE CITY TO INCLUDE A TOBACCO RETAILER LICENSE FEE Mayor Sbranti pulled Item 4.8 for further discussion. On motion of Cm. Hildenbrand, seconded by Cm. Swalwell and by unanimous vote, the City Council adopted RESOLUTION NO. 201 - 12 AMENDING AGREEMENT WITH DAHLIN GROUP ARCHITECTURE PLANNING FOR DESIGN SERVICES FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX At 5:27 p.m., Cm. Swalwell left the dais and the meeting. WRITTEN COMMUNICATIONS – None. PUBLIC HEARINGS Community Benefit Agreement and Development Agreement between the City of Dublin and the Kingsmill Group/Diamond Heights Investments, PLPA-2012-00060 5:26 p.m. 6.1 Mayor Sbranti opened the public hearing. No comments were made by the public at this time. The applicant provided comments regarding this item. Mayor Sbranti closed the public hearing. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 31 ADJOURNED REGULAR MEETING DECEMBER 4, 2012 On motion of Cm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Swalwell absent), the City Council waived the reading and introduced an Ordinance approving a Community Benefit Agreement and Development Agreement between the City of Dublin and the Kingsmill Group/Diamond Heights Investments for a Mixed-Use Retail/Residential Project. Commercial Corridor Design Guidelines. Creation of Design Guidelines for Commercial and Industrial Properties, Amendments to the Zoning Ordinance (Chapter 8.33 and Chapter 8.104), and an Amendment To the Zoning Map for the Purposes of Project Implementation, PLPA-2012-00061 5:44 p.m. 6.2 Mayor Sbranti opened the public hearing. No comments were made by the public at this time. Mayor Sbranti closed the public hearing. On motion of Cm. Biddle, seconded by Vm. Hart and by unanimous vote (Cm. Swalwell absent), the City Council adopted RESOLUTION NO. 202 - 12 APPROVING THE COMMERCIAL CORRIDOR DESIGN GUIDELINES PLPA-2012-00061 Introduction of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code 5:57 p.m. 6.3 Mayor Sbranti opened the public hearing. No comments were made by the public at this time. Mayor Sbranti closed the public hearing. On motion of Vm. Hart, seconded by Cm. Hildenbrand and by unanimous vote (Cm. Swalwell absent), the City Council waived the reading and introduced an Ordinance amending Dublin Municipal Code Chapter 2.24, pertaining to the City’s Conflict of Interest Code. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 31 ADJOURNED REGULAR MEETING DECEMBER 4, 2012 Eastern Dublin Specific Plan Amendment to Eliminate the Requirement for Development Agreements and related Financing Plans and Infrastructure Sequencing Programs 5:59 p.m. 6.4 Mayor Sbranti opened the public hearing. No comments were made by the public at this time. Mayor Sbranti closed the public hearing. On motion of Cm. Biddle, seconded by Vm. Hart and by unanimous vote (Cm. Swalwell absent), the City Council adopted RESOLUTION NO. 203 - 12 AMENDING THE EASTERN DUBLIN SPECIFIC PLAN TO ELIMINATE THE REQUIREMENT FOR DEVELOPMENT AGREEMENTS AND RELATED FINANCING PLANS AND INFRASTRUCTURE SEQUENCING PROGRAMS UNFINISHED BUSINESS - NONE NEW BUSINESS Certification of November 6, 2012 Election Results 6:15 p.m. 8.1 On motion of Cm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Swalwell absent), the City Council adopted RESOLUTION NO. 204 - 12 RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW DUBLIN CITY COUNCIL MINUTES 6 VOLUME 31 ADJOURNED REGULAR MEETING DECEMBER 4, 2012 Presentation of Plaque to Outgoing Councilmember Kasie Hildenbrand 6:18 p.m. 8.2 Andrea Pappanastassiou provided public comment on this item. Linda Mandolini, Eden Housing, provided written public comment on this item. Debbie Look, Assemblymember Buchanan’s representative, provided public comment on this item. Serena Chen provided public comment on this item. David Haubert, Dublin resident, provided public comment on this item. Donna Argula, Supervisor Scott Haggerty’s representative, provided public comment on this item. The City Council presented a plaque to outgoing Councilmember Kasie Hildenbrand in appreciation of her dedicated service to the City. Administration of Oath of Office to Newly Elected Mayor and City Councilmembers 7:00 p.m. 8.3 City Clerk Caroline Soto administered the Oath of Office to the newly elected Mayor and City Councilmembers. Crystal Rojo, Senator DeSaulnier’s representative, provided public comment on this item. Selection of Vice Mayor 7:21 p.m. 8.4 On motion of Mayor Sbranti, seconded by Vm. Hart and by unanimous vote (Cm. Swalwell absent), the City Council determined that Cm. Biddle would serve as Vice Mayor for a one-year period. DUBLIN CITY COUNCIL MINUTES 7 VOLUME 31 ADJOURNED REGULAR MEETING DECEMBER 4, 2012 Determine Date/Time of Assembly Bill (AB) 1234 Ethics Training for City Officials 7:24 p.m. 8.5 The City Council established January 29, 2013, 6:00 p.m. as the meeting date for the AB 1234 Ethics Training session for City officials. Fiscal Year 2013-2014 Ten-Year Strategic Plan Update 7:25 p.m. By consensus, the City Council established the meeting dates of Saturday, March 2, 2013 and Saturday, March 23, 2013 at 9:00 am, in preparation for the Fiscal Year 2013-2014 Ten-Year Strategic Plan update. OTHER BUSINESS 7:29 p.m. 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). ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 7:40 p.m. in memory of Steven Starrett, Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. _________________________________ Mayor DUBLIN CITY COUNCIL MINUTES 8 VOLUME 31 ADJOURNED REGULAR MEETING DECEMBER 4, 2012 ATTEST: ___________________________ City Clerk DUBLIN CITY COUNCIL MINUTES 9 VOLUME 31 ADJOURNED REGULAR MEETING DECEMBER 4, 2012