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STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Minutes of the November 15, 2016 Regular City Council Meeting
Prepared by: Walfred Solorzano, Deputy City Clerk
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the November 15, 2016
Regular City Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the November 15, 2016 Regular City Council meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the November 15, 2016
Regular City Council meeting.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Draft Minutes of the November 15, 2016 Regular City Council Meeting
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – NOVEMBER 15, 2016
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
NOVEMBER 15, 2016
A Regular Meeting of the Dublin City Council was held on Tuesday, November 15,
2016, in the City Council Chamber. The meeting was called to order at 6:30 PM., by
Mayor Pro Tempore Gupta.
Closed Session
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Space on city-owned light pole on the west side of 6900 block of
Regional Street
Agency Negotiator: Chris Foss, City Manager
Negotiating parties: Mobilite, LLC
Under negotiation: Price and terms of payment
1. Call to Order and Pledge of Allegiance
Attendee Name Title Status
David Haubert Mayor Absent
Abe Gupta Vice Mayor Present
Kevin Hart Councilmember Present
Don Biddle Councilmember Present
Doreen Wehrenberg Councilmember Present
2. Report on Closed Session
There was no reportable action.
3. Oral Communications
3.1. Recognition of 2016 Inside Dublin Participants
The City Council recognized the participants.
3.2. Community Spotlight: Certificate of Recognition for CityServe of the Tri-Valley
The City Council presented the certificate of recognition.
3.3. Valley Children's Museum Project Presentation
DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
NOVEMBER 15, 2016
Mayor Pro Tem Gupta moved this item to after Item 8.1.
Dawn Benson, Valley Children's Museum Board Member, provided comment on
this item.
Patrick Constanza Jr., Valley Children's Museum Vice President, provided
comment on this item.
The item was recessed to discuss Item 8.2.
Marian Thatch, Valley Children's Museum Board Member, provided public
comment on this item.
John Thatch provided public comment on this item.
Georgean Vonheeder-Leopold, Dublin resident, provided public comment on this
item.
Donna Kerger, Board of Director Valley Children's Museum Board Member,
provided public comment on this item.
By consensus, the City Council received the report and directed Staff to work
with Valley Children's Museum to come up with a Memorandum of
Understanding between the City and the Valley Children’s Museum.
3.4. Employee Introductions: Laurie Sucgang
The City Council welcomed the new City of Dublin Staff member.
3.5. Public Comment
Ramoncito Firmeza, Dublin resident, provided public comment.
Susie Criscimagna, Eden Housing Project Developer, provided public comment.
Georgean Vonheeder-Leopold, City Historian, provided public comment.
4. Consent Calendar
Councilmember Wehrenberg pulled Item 4.11 for further discussion.
Mayor Pro Tem Gupta pulled Item 4.14 for further discussion.
Councilmember Hart pulled Item 4.15 for further discussion.
Councilmember Hart commented on Item 4.6.
DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
NOVEMBER 15, 2016
Councilmember Wehrenberg commented on Item 4.11.
4.1. Approved the minutes of the November 1, 2016 Regular City Council meeting.
4.2. Waived the reading and adopted the Ordinance Amending Dublin Municipal Code
Section 2.08.020 and Providing for an Increase in the Salary for Members of the
City Council.
4.3. Received the Payment Issuance Report and Electronic Fund Transfers.
4.4. Received the City Treasurer’s Informational Report of Investments for the Quarter
Ending September 20, 2016
4.5. Waived the reading and adopted
ORDINANCE NO. 11- 16
APPROVING A REZONING FROM THE M ZONING DISTRICT TO THE M-P ZONING
DISTRICT FOR THE SIERRA BUSINESS CENTER
4.6. Authorized Staff to advertise the Public Safety Complex - Police Services Building,
CIP Project No. GI0116 for bids, including a bid alternate for Zero Net Energy,
Photovoltaic Power Generation.
4.7. Authorized the procurement as an exception to the requi rement for competitive
bidding; and adopt the Resolution approving agreement with MCE Corporation,
Inc. for maintenance services.
4.8. Adopted
RESOLUTION NO. 163 - 16
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DUBLIN AND PARKS RESERVE FORCES TRAINING AREA REGARDING
JOINT OPERATIONS OF A HISTORY CENTER
4.9 Adopted
RESOLUTION NO. 164 – 16
SUPPORTING A RAIL CONNECTION BETWEEN THE BAY AREA RAPID
TRANSIT AND ALTAMONT CORRIDOR EXPRESS RAIL SYSTEMS IN THE
TRI-VALLEY
4.10 Authorized the expenditure for an annual partnership with the Dublin Chamber of
Commerce.
DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
NOVEMBER 15, 2016
4.12. Waived the reading and INTRODUCED an Ordinance Amending Chapter 2.24 of
the Dublin Municipal Code, regarding the City's Conflict of Interest Code.
4.13. Approved the addition of the IT Infrastructure Improvements Project (CIP No.
GI0117) to the Five-Year Capital Improvement Program; and approved the budget
change.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Don Biddle, Councilmember
SECONDER: Abe Gupta, Vice Mayor
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
4.11 On motion of Cm. Gupta, seconded by Cm. Hart and by unanimous vote, the City
Council received the report.
4.14 Marlene Massetti, Dublin resident, provided public comment on this item.
Jean Josey, Dublin resident, provided public comment on this item.
Ramoncito Firmeza, Dublin resident, provided public comment on this item.
Marie Marshall, Dublin resident, provided public comment on this item.
Mohammad Javanbakht, applicant with Avesta Development Group LLC., provided
public comment and responded to questions posed by the City Council.
On motion of Cm. Biddle, seconded by Cm. Wehrenberg and by majority vote (Cm.
Hart voting no, Mayor Haubert absent), the City Council adopted:
RESOLUTION NO. 165 – 16
APPROVING A COMMUNITY BENEFIT AGREEMENT BETWEEN THE CITY OF
DUBLIN AND AVESTA DEVELOPMENT GROUP
4.15 On motion of Cm. Gupta, seconded by Cm. Biddle and by majority vote (Cm. Hart
voting no, Mayor Haubert absent) the City Council adopted:
RESOLUTION NO. 166 – 16
SUMMARILY VACATING AN UNUSED 10-FOOT WIDE PUBLIC UTILITY
EASEMENT LOCATED AT 7601 AMADOR VALLEY BOULEVARD
5. Written Communication - None.
DUBLIN CITY COUNCIL MINUTES 5
REGULAR MEETING
NOVEMBER 15, 2016
6. Public Hearing
6.1. Updates to the City’s Construction and Fire Codes in Accordance with
Requirements of State Law
Mayor Pro Tem Gupta opened the public hearing.
No comments were made on this item.
Mayor Pro Tem Gupta closed the public hearing.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Doreen Wehrenberg, Councilmember
SECONDER: Don Biddle, Councilmember
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
RESOLUTION NO. 167 – 16
APPROVING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE CALIFORNIA BUILDING STANDARDS CODE AS
ADOPTED BY THE STATE OF CALIFORNIA, IN THE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, TO BE ADOPTED BY REFERENCE IN THE DUBLIN
MUNICIPAL CODE
ORDINANCE NO. 1 2 – 16
REPEALING CHAPTERS 5.08 (FIRE CODE), 7.32 (BUILDING CODE), 7.34
(RESIDENTIAL CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING CODE),
CHAPTER 7.44 (MECHANICAL CODE), AND 7.94 (GREEN BUILDING CODE)
OF THE DUBLIN MUNICIPAL CODE; ADDING CHAPTERS 5.08 (FIRE CODE),
7.32 (BUILDING CODE), 7.34 (RESIDENTIAL CODE), 7.36 (ELECTRICAL
CODE), 7.40 (PLUMBING CODE), CHAPTER
7.44 (MECHANICAL CODE), AND 7.94 (GREEN BUILDING CODE) OF THE
DUBLIN MUNICIPAL CODE; AND AMENDING CHAPTER 7.28 (BUILDING
REGULATION ADMINISTRATION) OF THE DUBLIN MUNICIPAL CODE IN
ORDER TO ADOPT BY REFERENCE AND AMEND PROVISIONS OF THE
2016 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, TITLE
24, CALIFORNIA CODE OF REGULATIONS
DUBLIN CITY COUNCIL MINUTES 6
REGULAR MEETING
NOVEMBER 15, 2016
7. Unfinished Business
7.1. Consideration of Community Choice Aggregation for the City of Dublin and
Authorization to Form the East Bay Community Energy Authority, a Joint
Powers Authority, and City of Dublin Membership in the Authority
Bruce Jensen, Alameda County CDA, provided public comment on this item and
responded to questions posed by the City Council.
Eloise Hamann, Dublin resident, provided public comment on this item.
Georgean Vonheeder-Leopold, Dublin resident, provided public comment on this
item.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Abe Gupta, Vice Mayor
SECONDER: Doreen Wehrenberg, Councilmember
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
RESOLUTION NO. 168 – 16
AP PROVING AN AGREEMENT TO PARTICIPATE IN A JOINT POWERS AGENCY
FOR COMMUNITY CHOICE AGGREGATION PROGRAM IN ALAMEDA COUNTY
ORDINANCE NO. 13 – 16
AUTHORIZING THE IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION PROGRAM
8. New Business
8.1. Consideration of Appointments to 2016 Citizens/Organization of the Year
Ad -Hoc Committee
Appointed Vice Mayor Gupta and Councilmember Biddle to the 2016
Citizens/Organization of the Year Ad-Hoc Committee.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Doreen Wehrenberg, Councilmember
SECONDER: Kevin Hart, Councilmember
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
DUBLIN CITY COUNCIL MINUTES 7
REGULAR MEETING
NOVEMBER 15, 2016
8.2. Dublin Crossing Community Park Master Plan
Chris Hardy, SWA Group, provided comment.
Steve Minnear, Dublin resident, provided public comment on this item.
Approved the Dublin Crossing Community Park Master Plan.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Don Biddle, Councilmember
SECONDER: Kevin Hart, Councilmember
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
8.3. City Operations of the Dublin Swim Center
Authorized the ceasing of City operations at the Dublin Swim Center at Dublin
High School, effective December 31, 2016 and direct Staff to amend the
Agreement with Dublin Unified School District.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Doreen Wehrenberg, Councilmember
SECONDER: Kevin Hart, Councilmember
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
9. Other Business
Brief information only reports were provided by the City Council and/or Staff, including
Committee Reports and Reports by City Council related to meetings attended at City
expense (AB1234)..
10. Adjournment
The meeting was adjourned at 10:35 p.m. in honor of Staff Sgt. Sean Diamond, and all
of our fallen troops.
Mayor Pro Tempore
ATTEST:
___________________________
City Clerk