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Home My WebLink AboutItem 4.1 Approve 9-17 & 24, 2013 Minutes STAFF REPORT CITY CLERK File # 610-10 CITY COUNCIL DATE:October 1, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Minutes of the September 17, 2013 Regular City Council Meeting and September 24, 2013 Adjourned Regular Meeting Prepared by Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the Regular City Council meeting of September 17, 2013 and the Adjourned Regular Meeting of September 24, 2013. FINANCIAL IMPACT: None. RECOMMENDATION: Approve the minutes of the Regular City Council meeting of September 17, 2013 and the Adjourned Regular Meeting of September 24, 2013. Submitted By Reviewed By City Clerk Assistant City Manager DESCRIPTION: The City Council will consider the approval of the minutes of the Regular City Council meeting of September 17, 2013 and September 24, 2013 Adjourned Regular Meeting. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the Regular City Council Meeting of September 17, 2013 2. Draft Minutes of the Adjourned Regular City Council Meeting of September 24, 2013 ITEM NO. 4.1 Page 1 of 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – SEPTEMBER 17, 2013 CLOSED SESSION A closed session was held at 5:02 p.m., regarding: I. PUBLIC EMPLOYEE APPOINTMENT Title: City Manager II. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case Existing facts and circumstances: Letter from Richard Taylor to the City Attorney, dated July 29, 2013 III. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case A regular meeting of the Dublin City Council was held on Tuesday, September 17, 2013, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Gupta, Hart, Haubert, 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. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session; Closed Session would continue after the regular business of the meeting. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 32 REGULAR MEETING SEPTEMBER 17, 2013 ORAL COMMUNICATIONS Donation of Redwood Trees at Heritage Park and Museums by the Orman Family 7:04 p.m. 3.1 On motion of Vm. Biddle, seconded by Cm. Hart and by unanimous vote, the City Council formally accepted the donation of three redwood trees at the Heritage Park and Museums by the Orman Family. Proclamation in Honor of the Anniversary of the United States Constitution 7:08 p.m. 3.2 The City Council presented a proclamation in honor of the Anniversary of the United States Constitution. 2013 Walk and Roll to School Proclamation 7:10 p.m. 3.3 th The City Council presented the proclamation and declared the week of October 7 through th October 11 as “Walk and Roll to School Week” in the City of Dublin. Public Comments 7:13 p.m. 3.4 Dr. Stephen Hanke, Superintendent of Dublin Unified School District, provided public comment. Steve Armontes, Dublin resident, provided public comment. Sean Lacsado, BART train operator, provide public comment. Cm. Hart stated, “I wanted to publicly state that I will recuse myself from making and participating in making any decisions in which Shea Homes is directly involved. I have done so because my wife and I may negotiate with Shea Homes. Although recusal is not necessarily required at this point in time, I am doing so to avoid the appearance of impropriety and out of an abundance of caution. I understand that Shea Homes has various projects in the City and DUBLIN CITY COUNCIL MINUTES 2 VOLUME 32 REGULAR MEETING SEPTEMBER 17, 2013 that matters relating to those projects may eventually make their way to the City Council. Because of my recusal, if items directly involving Shea Homes are presented to the City Council, I will not be participating in the decisions, so long as my wife and I continue negotiations with Shea Homes. I would ask the City Clerk to include my statement in the minutes.” CONSENT CALENDAR 7:21 p.m. Items 4.1 to 4.6 On motion of Vm. Biddle, seconded by Cm. Gupta, and by unanimous vote, the City Council took the following actions: Approved 4.1 Minutes of the September 3, 2013 Regular City Council Meeting. Adopted 4.2 RESOLUTION NO. 150 - 13 APPROVING FIRST AMENDMENT TO AFFORDABLE HOUSING AGREEMENT FOR THE CONSTRUCTION OF INCLUSIONARY UNITS AND THE PAYMENT OF FEES IN-LIEU OF CONSTRUCTING CERTAIN AFFORDABLE OWNERSHIP UNITS Adopted 4.3 RESOLUTION NO. 151 - 13 APPROVING AN AFFORDABLE HOUSING AGREEMENT FOR THE CONSTRUCTION OF INCLUSIONARY UNITS AND THE PAYMENT OF FEES IN-LIEU OF CONSTRUCTING CERTAIN AFFORDABLE OWNERSHIP UNITS Authorized 4.4 the City Manager to approve Change Order #5 at an amount not to exceed $100,000 for miscellaneous structural upgrades, and authorized the City Manager to approve future change orders for Contract #12-13 / #12-14 of up to $50,000 each not to exceed the contingency established for the project. Received 4.5 the Check Issuance Report and Electronic Funds Transfers. Adopted 4.6 RESOLUTION NO. 152 - 13 DUBLIN CITY COUNCIL MINUTES 3 VOLUME 32 REGULAR MEETING SEPTEMBER 17, 2013 AUTHORIZING TEMPORARY STREET CLOSURES FOR THE 2013 SPLATTER EVENT WRITTEN COMMUNICATIONS – None. PUBLIC HEARINGS - None. UNFINISHED BUSINESS “The Green” Fiscal Impact Analysis 7:21 p.m. . 7.1 Jerry Hunt, applicant, responded to City Council questions. On motion of Mayor Sbranti, seconded by Cm. Gupta, and by majority vote (Vm. Biddle and Cm. Hart voting no), the City Council directed Staff to continue the General Plan/Eastern Dublin Specific Plan Amendment study on The Green. Resolution Approving the Energy Council Joint Exercise of Powers Agreement 8:22 p.m. 7.2 On motion of Vm. Biddle, seconded by Cm. Gupta and by unanimous vote, the City Council adopted RESOLUTION NO. 153 - 13 APPROVING THE ENERGY COUNCIL JOINT EXERCISE OF POWERS AGREEMENT AND PETITIONING TO BECOME A MEMBER OF THE ENERGY COUNCIL Revisions to the Rules of the Conduct of Meetings of the City Council to Allow Teleconferencing 8:25 p.m. 7.3 DUBLIN CITY COUNCIL MINUTES 4 VOLUME 32 REGULAR MEETING SEPTEMBER 17, 2013 On motion of Cm. Haubert, seconded by Cm. Gupta and by majority vote (Cm. Hart voting no), the City Council adopted RESOLUTION NO. 154 - 13 AMENDING AND RESTATING THE RULES FOR THE CONDUCT OF MEETINGS OF THE CITY COUNCIL NEW BUSINESS Annual Review of City Investment Policy and Delegation of Authority To Complete Investment Transactions 8:31 p.m. 8.1 On motion of Cm. Hart, seconded by Vm. Biddle and by unanimous vote, the City Council adopted RESOLUTION NO. 155 - 13 ADOPTING THE 2013 ANNUAL REVIEW OF INVESTMENT POLICY AND DELEGATION OF AUTHORITY TO COMPLETE INVESTMENT TRANSACTIONS OTHER BUSINESS 8:44 p.m. Brief information only reports were provided by City Council and Staff, including committee reports and reports by City Council related meetings attended at City expense (AB1234). Mayor Sbranti read a proclamation in memory of Sirous Sadaghiani. 8:59p.m. The City Council returned to Closed Session. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated the meeting would be adjourned to Tuesday, September 24, 2013, at 6:30 p.m., in the Administrative Services Conference Room. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 32 REGULAR MEETING SEPTEMBER 17, 2013 ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 10:35 p.m. in memory of Sirous Sadaghiani, Maxine Jennings, Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk/Records Manager. _________________________________ Mayor ATTEST: ___________________________ City Clerk DUBLIN CITY COUNCIL MINUTES 6 VOLUME 32 REGULAR MEETING SEPTEMBER 17, 2013 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADJOURNED REGULAR MEETING – SEPTEMBER 24, 2013 An adjourned regular meeting of the Dublin City Council was held on Tuesday, September 24, 2013, in the Administrative Services Conference Room of the Dublin Civic Center. The meeting was called to order at 6:36 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Gupta, Hart, Haubert, 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. PUBLIC COMMENT 6:37 p.m. No comments were made by any member of the public at this time. CLOSED SESSION A closed session was held at 6:38 p.m. regarding: PUBLIC EMPLOYEE APPOINTMENT Title: City Manager REPORT ON CLOSED SESSION ACTION 9:37 The Mayor reported that the City Council voted unanimously in closed session to appoint Assistant City Manager Chris Foss as the new City Manager effective April 26, 2014, contingent upon the City Council’s approval of the terms and conditions of an employment agreement to be negotiated between Mr. Foss and the negotiating committee. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 32 ADJOURNED REGULAR MEETING SEPTEMBER 24, 2013 ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at, 9:38 p.m. to the Regular City Council meeting of October 1, 2013, at 7:00 p.m. in the Dublin Council Chambers located at 100 Civic Plaza, Dublin, California. Minutes prepared by Caroline P. Soto, City Clerk/Records Manager. _________________________________ Mayor ATTEST: ___________________________ City Clerk DUBLIN CITY COUNCIL MINUTES 2 VOLUME 32 ADJOURNED REGULAR MEETING SEPTEMBER 24, 2013