HomeMy WebLinkAboutItem 4.01 Draft 02-15-2011 CC MinDRAFT
~ ~F DU.~~~ MINUTES OF THE CITY COUNCIL
~,`` OF THE CITY OF DUBLIN
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~~~$/~ REGULAR MEETING - Februarv 15, 2011
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CLOSED SESSION
A cfosed session was held at 6:30 p.m., regarding:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: Dublin Police Chief McCarthy
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A regular meeting of the Dublin City Council was held on Tuesday, February 15, 2011, in the
City Council. Chambers of the Dublin Civic Center. The meeting was called to order at 7:06:27
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 ALLEGIANCE
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 this evening the City Council met with the Chief of Police in closed session .
to discuss security measures during public meetings in the Council Chambers. The City
scheduled the closed session in response to the shooting in Tucson, Arizona in which
Congressional Representative Gabrielle Giffords was the target and other similar violent
incidents at public meetings, such as a December 2010 incident at a School Board meeting in
Panama City, Florida and a February 2008 incident at a City Council meeting in a suburb of St.
Louis, Missouri. The safety and security of the public, Staff and Councilmembers participating
in City Council meetings is of the utmost importance.
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ORAL COMMUNICATIONS
Certificate of Recoqnition for the Dublin Stealth Soccer Team
7:07:55 PM 3.1 (610-50)
The City Council presented a Certificate of Recognition to the Dublin Stealth Soccer Team for
recent championship wins and recognized the team coach and players in attendance.
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Commemoration of Rotarv's Foundinq on Februarv 23, 1905
7:15:07 PM 3.2 (610-50)
The City of Dublin presented a proclamation to the Rotary Club commemorating the Rotary's
founding on February 23, 1905.
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Public Comments
7:23:45 PM 3.3
Ellie Lange stated she was a co-owner and property manager of several pieces of commercial
properties in Dublin. The City had sent out notices of violation of the 25% window sign
ordinance to which she responded to the City with a letter of concern. She had been told by
Staff the ordinance had been adopted in 1997. She now understood, from Staff, that it was
actually a 1968 County ordinance that that transferred to the City when Dublin was
incorporated. She had not known about the ordinance. The ordinance had never been
enforced. The referenced signage had never been a problem in the City. The timing of
enforcement raised several questions. Was this a problem now or was it more of a knee jerk
reaction to one complaint? Was there truly an issue about signage in the community? Could
the City enforce it now when small businesses were doing everything they could to try to
survive? She believed the 25% rule to be arbitrary. It appeared to be subjective. She asked
the City Council to reconsider its decision.
Vm. Hart asked if this item could be agendized for discussion.
City Manager Pattillo stated Staff had addressed the Lange's letter. Also, there had been 92
violations. One business owner had not been targeted. It was an issue that was enforced
through complaint.
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Vm. Hart stated it was of value for the City Council to have an open discussion about this issue.
Cm. Hildenbrand stated the issue had been a part of the sign ordinance that had recently been
reviewed by the City Council. Was Vm. Hart asking to re-review the ordinance?
Vm. Hart stated no. Ms. Lange had stated that it had not been reviewed and was a carry over
from the County. That was a question he had. Secondly, if it had not been reviewed, it was of
value for the City Council to at least have a discussion in reference to this specific ordinance.
City Attorney Bakker stated that Staff would be reviewing this ordinance next fiscal year if there
was funding.
Vm. Hart stated he would like this to come back to the City Council for discussion sooner rather
than later.
City Manager Pattillo stated that the Chamber of Commerce, as well as businesses, had been
involved in this discussion. She asked if the City Council wanted this item back for discussion.
Vm. Hart stated the current City Council needed to provide feedback and discussion to Staff.
Mayor Sbranti asked that the history of the ordinance come back for discussion.
City Manager Pattillo stated the direction would have to be part of the discussion.
Vm. Hart stated it was of value to the City's business community that there be an open
dialogue. It might not necessarily change.
City Manager Pattillo clarified that this issue was only regarding the 25% of coverage sign
ordinance. ~
The City Council concurred.
Michael Gasior, Dublin resident, stated he was the owner of Soccer Pro. This issue was also a
concern for him as a small business owner. Signage did help identify location. The signage for
which he received a violation notice did allow anyone to view in and out of the window. The
economy was getting worse and he would like the City to help the businesses.
Nahid Arih, Afghan Community Outreach Coordinator for the Office of Alameda County District
Attorney, stated she was an Afghan American working to organize a community center in Dublin
which could assist to build a stronger relationship with joint efforts for building safe
environments and productive communities.
Sohaila Hashimi, Dublin resident and business owner, stated there was a growth of Afghan
families in the area. She supported the effort to build an Afghan community center in the area.
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Tim Smith, owner of Accurate Impressions, stated he was here to support the finro other
business owners who spoke earlier regarding the sign issue.
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CONSENT CALENDAR
7:45:03 PM Items 4.1 through 4.7
On motion of Cm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote, the City
Council took the following actions:
Approved (4.1) Minutes of February 1, 2011;
Adopted (4.2 540-50)
RESOLUTION NO. 12 -11
DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF
Adopted (4.3 420-30)
ORDINANCE NO. 1 -11
APPROVING ZONING ORDINANCE AMENDMENTS TO CREATE A NEW CHAPTER: 8.30
(DOWNTOWN DUBLIN ZONING DISTRICT), REZONE ALL PROPERTIES WITHIN THE
DOWNTOWN DUBLIN SPECIFIC PLAN PROJECT AREA TO THE DOWNTOWN DUBLIN
ZONING DISTRICT, AMEND THE ZONING MAP TO IDENTIFY THE LOCATION OF THE
NEW ZONING DISTRICT AMEND ZONING ORDINANCE CHAPTER 8.12 (ZONING
DISTRICTS AND PERMITTED USES), AND AMEND CHAPTER 8.104 (SITE DEVELOPMENT
REVIEW) PA 07-036
Adopted (4.4 820-30)
RESOLUTION NO. 13-11
DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR
CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1
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RESOLUTION NO. 14 -11
DIRECTING PREPARATION OF ANIdUAL ENGINEER'S REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2
(STAGECOACH ROAD AREA)
RESOLUTION NO. 15 -11
DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 8Cr1
(VILLAGES AT WILLOW CREEK)
RESOLUTION NO. 16 -11
DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-'I
~ (SANTA RITA AREA)
RESOLUT{ON NO. 17 -11
DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR
STREET LIGHTING MAINTENANCE ASSESSMENT DISTR{CT 99-1
(DUBLIN RANCH AND TRACT 7067)
Approved (4.5 600-35) the Budget Change; accepted the improvements under Contract No.
08-18; and approved the release of retention after 35 days if there were no subcontractor
claims.
Adopted (4.6 350-20)
RESOLUTION NO. 18 -11
AUTHORIZING STAFF TO PROCURE TWO POLICE VEHICLES FROM LIVERMORE AUTO
GROUP AND TO DISPOSE OF VEHICLES REPLACED USING PUBLIC AUCTION
SERVICES
Approved (4.7 300-40) Check Issuance Reports and Electronic Funds Transfers.
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WRITTEN COMMUNICATIONS - None
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PUBLIC HEARINGS
The Promenade Development Agreement between the
Citv of Dublin and James Tonq and Mei Fonq Tong
7:46:43 PM 6.1 (600-60)
Mayor Sbranti opened the public hearing.
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Planning Consultant Mike Porto presented the Staff Report and advised that the City Council
would consider a Development Agreement (DA) for the 23.46-acre area along both sides of the
proposed extension of Grafton Street between Central Parkway and Dublin Boulevard known as
the Promenade (Village Center) within Area G of Dublin Ranch. The Development Agreement
was prepared in accordance with the requirements of the Eastern Dublin Specific Plan and
would also vest the Site Development Review (SDR) and Conditional Use Permit (CUP)
approvals for the Club Sport, Mercantile building and garage for the life of the Development
Agreement
Vm. Hart asked for clarification if this was the last piece of the puzzle to be able to move
forward and break ground.
Mr. Porto stated that was correct. There was the need for the building permit.'
Mayor Sbranti asked about the land use designation for the site immediately north of the
neighborhood square. Was this public/semi-public with an overlaying for residential? Did this
DA change anything relative to that specific piece of land?
Mr. Porto stated it would revert to a medium-density land use designation; possibly
medium/high.
Mayor Sbranti asked if this DA covered that.
City Attorney Bakker stated it did not happen automatically. There was language in the Zoning
Ordinance for that particular property that indicated after a ten year period the semi-public
designation would possibly become something else. Staff's interpretation was that the applicant
would have to come back to request the change.
Mayor Sbranti asked if he needed to recuse himself for this item because he lived immediately
adjacent to the site.
City Attorney Bakker stated Mayor Sbranti did need to recuse himself from the item and the
Chambers, not because his property was within 500 feet of the site, but because the common
area associated with the~ property was within 500 feet.
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Vm. Hart acted as Mayor Pro Tem on this item.
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Richard Breinlinger, Dublin resident, asked if there would be several buildings in Parcel 4, on
the map. He tried to read about this project on the website, and the pictures on the website
referred to Plot 5. Where was it?
Mr. Porto stated Plot 5 was now Parcel 4. The applicant had chosen to reconfigure the parcel
map.
Mr. Breinlinger asked if the intent was to extend Grafton Street all the way through.
Mr. Porto stated yes it was.
Mr. Breinlinger asked about a statement in the Staff Report that there was no financial impact
on Dublin. Would the City get tax revenue on this item?
, City Manager Pattillo stated that in the Eastern Dublin Specific Plan, development had to pay
for itself.
Vm. Hart closed the public hearing.
Cm. Swalwell stated he was excited to get the project moving.
Cm. Hildenbrand stated this was long overdue.
On motion of Cm. Swalwell, seconded by Cm. Hildenbrand and by unanimous vote (Mayor
Sbranti having recused himselfl, the City Council introduced an Ordinance approving a
Development Agreement for Tract 9717 known as The Promenade within Area G of Dublin
Ranch befinreen the City of Dublin and James Tong and Mei Fong Tong.
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UNFINISHED BUSINESS
Smokinp Pollution Control Ordinance Report for Apartment Housinq
7:58:49 PM 7.1 (560-90)
Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that on
December 2, 2008, the Dublin City Council adopted an ordinance that amended Chapter 5.56
of the Dublin Municipal Code, entitled Smoking Pollution Control, which required that apartment
complexes (with 16 units or more) designate 50% of their units as non-smoking by January 1,
2011. The City Council would receive a report outlining compliance with the ordinance. In
addition, the City Council would consider directing Staff to work on an amendmerit to the
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ordinance to require that 70% of apartment units be non-smoking by January 1, 2013. The City
Council would also consider whether apartment complexes should be required to continue to
submit an annual Smoking Pollution Control Ordinance compliance report.
Kathleen Kelly, Dublin resident, thanked the City Council for passing this ordinance in 2008.
Her complex was now 100% non-smoking. She was asking the City Council to raise the
percentage from 70% to 95% of apartment units be non-smoking by January 1, 2013.
Serena Chen, American Lung Association representative, stated Dublin had always been the
leader in trying new things. There were four complexes that were eligible for a 10% discount on
their insurance because of CIG Insurance offering that discount for those complexes that were
100% non-smoking. Smoke-free housing laws saved money and lives,
Vm. Hart asked if 90% of Alameda County residents were non-smoking.
Ms. Chen stated yes.
Tim May, Rental Housing Association representative, stated the issue of smoking had become
very consuming. He had been part of the discussion when this process started. The 70% was
part of the strategic process. He saw no problem in meeting the 70%. It was organized and
thought out. He wanted to continue to work with the City on this issue.
Cm. Hildenbrand handed out the State .of Tobacco Control report card to the City Council. It
showed where the City could be stronger. The City was showing 69%, to increase the
percentage to only 70% was very weak. She was suggesting the City go to 85%.
Vm. Hart stated he was supportive of the concept. But, if he was a smoker, where was he
going to smoke. ,
Mr. Bradley stated 50% of the apartments were currently designated as smoking so they would
be able to smoke in their home if their home was not designated as a non-smoking unit or they
could go to a designated location on the property, or leave the property.
Vm. Hart stated he was supportive of the item, but there were two sides to every story. There
needed to be .a balance. There were still people with a smoking addiction so he wanted to
make sure they could help themselves.
Cm. Hildenbrand stated there had been several Small Claims Court cases where restraining
orders had been won by non-smokers against landlords and smoking neighbors. Having a
nuisance ordinance provided one part of.their case in court. This was a powerful tool. Taking
the percentage higher would ultimately happen.
Vm. Hart stated he appreciated that the courts weighed in on it. If he were a smoker, he still
had rights too. There needed to be a balance.
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Cm. Swalwell stated, when he looked at the agreement struck in 2008, it was to be phased up
to 70% and the apartment community was put on notice and they planned around that. Was it
fair now to blindside them with 85°l0 or anything higher than 70%? He did not feel comfortable
to go above the 70%.
Cm. Biddle stated he liked the 70% because it was incremental and the City could look at 85%
later on. He stated that maybe the City needed to do more emphasis in limiting sale of tobacco
products.
Cm. Hildenbrand stated that the City Council had voted that down twice.
City Manager Pattillo stated that discussion took place during the Budget discussion. It would
have cost $6,000 at that time. It could become part of the work plan.
Mayor Sbranti stated he was also supportive of 70%. He liked the process in place in 2008 that
brought everyone together. He was pleased to see at the 50% threshold, the City was at 69%.
Eleven properties were only at the minimum 11 %. When the City went to 70%, and those 11
properties raised their smoke-free percentages from 50 to 70%, the City should be at close to
80% of units in Dublin designated smoke-free.
Cm. Hildenbrand stated if 70% was adopted, then she would like to see it revisited.
Vm. Hart stated he could support 75%. The City would need to market and advertise it.
Mayor Sbranti stated that the City was already a leader at 70°l0. He was wilfing to take a look at
75%. He was not comfortable going higher than that.
Cm. Swalwell stated he wanted to honor the agreement at 70% and look at another phased in
percentage at a later date.
Mayor Sbranti stated the item would come back after January 1, 2013 and there would be
annual reports.
City Manager Pattillo stated the City Council could add 100% as an eventual goal.
Vm. Hart stated there were more people that were non-smokers versus smokers. Seventy-five
percent was a good compromise.
Cm. Biddle stated there needed to be a report next year. This was an ongoing process.
Cm. Hildenbrand stated that she would go with 75%. It was a Task Force recommendation that
could be adjusted.
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Mayor Sbranti stated it was a recommendation but finro years ago, they did not know where they
were going. Seeing the information, he was willing to go with 75%. Anything higher was a
significant change.
Assistant City Manager Chris Foss asked for clarification that the City Council was speaking of
75% of non-smoking units ~er complex.
Mayor Sbranti stated that was correct, 75% of non-smoking units per complex.
Mayor Sbranti asked . what happened to a smoker if the City reached 100%. He was not
comfortable in placing the 100% in the ordinance.
Vm. Hart stated he, also, was not comfortable putting 100% in the ordinance.
By consensus, the City Council directed Staff to prepare a report for an amendment to the
Smoking Pollution Control Ordinance to require that 75% of apartment units be non-smoking by
January 1, 2013; and directed Staff to continue the requirement for apartment complexes to
submit an annual compliance report.
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Update on the Dublin Farmers' Market and Request for Fundinq
8:42:36 PM 7.2 (470-10)
Economic Development Director Linda Maurer presented the Staff Report and advised that the .
Pacific Coast Farmers Market Association approved the.Dublin Farmers' Market for 2011. Staff
was requesting approval of a transfer of funds befinreen departments, to capture the Farmers'
Market costs within the Economic Development operating budget. Estimated expenses totaled
$34,000 for the 2010 2011 Fiscal Year, to assist in promoting and programming the Farmers'
Market.
Vm. Hart asked what the difference was between Sprout's Farmers Market and the City's
Farmer's Market. •
Ms. Maurer stated Sprout's Farmers Market was a grocery store. The Farmers' Market was
more of a community based event where people could purchase locally grown produce and
other items.
Mayor Sbranti asked if this budget included entertainment. Was the City looking at themes?
Ms. Maurer stated yes to both.
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On motion of Cm. Swalwell, seconded by Vm. Hart and by unanimous vote, the City Council
approved a budget change which transferred appropriated funds to the Economic Development
Budget for the Fiscal Year 2011 Dublin Farmers' Market.
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Approval of the Dublin Green Plan
8:48:09 PM ,7.3 (530-10)
Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the
Dublin Green Plan was a plan that was created by the Green Initiatives Taskforce, a community
stakeholder group, to provide recommendations on green or environmental initiatives that the
City Council could evaluate for future implementation in City activities. The City Council would
consider approving the Dublin Green Plan document. .
Vm. Hart asked for clarification on Transportation & Land Use Initiative #4's proposed language,
"Explore the feasibility of discouraging drive-thru businesses."
Mayor Sbranti stated there was a preference for use of the word discourage rather than
prohibiting drive-thru businesses.
Cm. Biddle asked if the Green Plan would be published.
Mr. Bradley stated it would be published and put on the City's website.
"Cm. Hildenbrand asked if the Green Plan could be shared with other local jurisdictions.
Vm. Hart stated he did not like the word discouraged in terms of drive-thru businesses. He liked
the Green Plan, and stated that the City needed to work harder in developing partnerships with
the business community. The City needed to discuss pushing the business community to
provide recycling receptacles.
Mayor Sbranti asked Mr. Bradley if there had been any gains in businesses increasing
recycling.
Mr. Bradley stated Amador Valley Industries (AVI) was doing recycling audits. There was a
large economic incentive within the City's current contract with AVI to motivate the businesses
to recycle. The more businesses could recycle, the more they could save.
Cm. Swalwell stated he would also like to see the reference to drive-thru businesses removed
from the Plan.
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City Manager Pattillo stated there were other legislative enabling documents which related to
greenhouse gas. If something was going to be developed, the City had to go through
thresholds as far as AB 32. Those concepts were already captured.
Vm. Hart stated the City should adopt an ordinance that incrementally provided a guideline for
businesses to comply with a certain level of recycling.
City Manager Pattillo stated this sounded like a Higher Service Level for the 2011-2012 Budget.
Staff could include this for City Council consideration during budget discussions.
Vm. Hart asked if AVI had a report regarding businesses and recycling.
Mr. Bradley asked for clarification that what Vm. Hart was looking for was a report on the
diversion action that was currently taking place in the business community as it related to
recycling.
Vm. Hart stated that was correct.
On motion of Cm. Hart, seconded by Cm. Swalwell and by unanimous vote, the City Council
directed Staff to include Taskforce member comments within the Green Plan; and approved the
Dublin Green Plan, with the exception of Item No. 4.
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Revising and Reaffirming Rules for the Conduct of City Council Meetings and
Readoption of Resolution Prohibiting City Councilmembers from Engaging in Political
Activities at the Civic Center and While Representinq the Citv in an Official Capacity
9:10:45 PM 7.4 (610-20)
City Attorney John Bakker presented the Staff Report and advised that the City Council would
consider readopting, with minor revisions, Resolution No. 25-08, Amending and Restating the
Rules of Conduct of Meetings of the City Council and Resolution No. 26-08 Prohibiting Council
Members from Engaging in Political Activities at the Civic Center and While Representing the
City in an Official Capacity.
Vm. Hart asked if a picture depicting a candidate or a City Councilmember with the background
of the Civic Center violated the policy.
Mr. Bakker stated a picture in and of itself did not violate the policy. But the act of posing in front
of City Hall for the purpose of placing that picture on political advertising did violate the policy.
Cm. Swalwell asked if this applied to City Councilmembers only.
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Mr. Bakker stated this policy only applied to City Councilmembers. A specific decision had
been made when this was enacted that it would only apply to City Councilmembers. The City
had the ability, under State law, to prohibit political activity by everyone at the Civic Center.
Vm. Hart asked, if he ran for office in finro years, could he not have a picture taken with the
emblem of the City in the background because it was considered political activity.
Mr. Bakker stated if his intent was to use that picture in his campaign materials, it would be
political activity.
Mr. Hart stated he was confused as to the definition of political activity.
Mr. Bakker stated it was a matter of interpretation what, exactly, political activity meant and
ultimately, the City Council would decide what political activity meant in context. He had been
asked his opinion on the matter and, in a conservative approach, he would consider that
political activity. ~
Vm. Hart asked if the City Council would decide the definition of political activity.
Mr. Bakker stated yes. The way the resolution would be enforced would be to censure the City
Councilmember based on its definition of political activity.
Mr. Swalwell stated if a person had a picture taken in front of the Civic Center, that was not
really political actiyity. If it was a picture taken of more than one person, then it is political
activity. ~
Mr. Bakker stated if the City Council wanted to clarify, they could determine that merely taking a
picture in front of the Civic Center was not po{itical activity.
The City Council discussed the definition of political activity, possible advantages for candidates
versus City Councilmembers, and instructed Staff to report back with other cities' policies and
practices, for further discussion.
On motion of Cm. Swalwell, seconded by Vm. Hart and by unanimous vote, the City Council
adopted
RESOLUTION NO. 19 -11
AMENDING AND RESTATING THE RULES FOR THE
CONDUCT OF MEETINGS OF THE CITY COUNCIL
(REPLACING RESOLUTION NO. 25-08)
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NEW BUSINESS - NONE
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OTHER BUSINESS Brief INFORMAT/ON ONLY reports from Council and/or Staff,
including Committee Reports and Reports by Council related to meetings attended at
City expense (AB 1234)
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City Manager Pattillo stated that Friday, February 18, 2011 would be .the City's Volunteer
Recognition Event at Shannon Community Center. There would be a Joint City Council -
Commission meeting on Saturday, February 26, 2011 at the Library Community Room.
Cm. Swalwell stated the City had a Joint City Council - Dublin Unified School District (DUSD)
meeting on Thursday, February 10, 2011. Friday, February 18, 2011 would be the ribbon
cutting for the new Dublin BART station.
Cm. Hildenbrand stated that she attended the Joint City Council - DUSD meeting; a Zone 7
Liaison meeting, and a LAVTA Board meeting. She asked that Staff consider an item regarding
waiving fees for high efficiency units and systems for residences.
City Manager Pattillo asked if this could b.e brought back as a higher service level for FY 2011-
2012. It would need to be explored. There would be cost implications.
Cm. Hildenbrand stated yes.
Cm. Biddle stated he attended a Dublin Pride Week meeting, a Black History event at the
Senior Center and a Valentine event at the Heritage Center. He also attended a Waste
Management Planning meeting, an Alameda County Housing Authority meeting, and an
Alameda County Transportation Commission meeting. He stated he had received an invitation
to the Fire Fighters 101 session on March 19, 2011.
Vm. Hart stated there would be a Tri-Valley City Council meeting on Wednesday, February 16,
2011, and the Employee Recognition would take place this Friday, February 18, 2011. He
stated he would attend the BART ribbon cutting ceremony on Friday, February 18, 2011.
Mayor Sbranti stated he attended the Dublin Pride Week meeting. Dublin Pride Week would
take place May 7-15, 2011. He attended a business visitation at TRIA Beauty, Pleasanton's
State of the City address and an East Bay Economic Development Alliance meeting.
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ADJOURNMENT
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There being no further business to come before the City Council, the meeting was adjourned at
9:43:44 PM in memory of Staff Sgt. Sean Diamond and our fallen troops.
Minutes prepared by Caroline P. Soto, City Clerk.
Mayor
ATTEST:
City Clerk
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