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1.       CALL TO ORDER

2.  1       PLEDGE OF ALLEGIANCE TO THE FLAG

3.       ORAL COMMUNICATIONS

3.1  2     Proclamation - March 2008, American Red Cross Month (610-50)

3.2  3     Acceptance of Gift from Alameda County Fire Department (150-70) [ STAFF REPORT ]

The City Council will accept two automated external defibrillators (AED) units from the Alameda County Fire Department (ACFD).

STAFF RECOMMENDATION:   Accept the gift and direct Staff to prepare a formal acknowledgement to the ACFD.

ACTION 4

3.3  5     Public Comments

At this time, the public is permitted to address the City Council on non-agendized items.  Please step to the podium and clearly state your name for the record.  COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES.  In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda.  The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter.  Any member of the public may contact the City Clerk's Office related to the proper procedure to place an item on a future City Council agenda.  The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

4.       CONSENT CALENDAR

Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action.  Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.

4.1  6     Minutes of Special Joint Meeting of February 2, 2008 [ STAFF REPORT ]

STAFF RECOMMENDATION:  Approve.  

4.2     Proposal to Display Alameda County Fair Banners on City-Owned Light Poles in Dublin (450-20) [ STAFF REPORT ]

In April, 2007, the City Council approved the placement of 24 Alameda County Fair Banners on 12 City light poles and approved the design of the banners. This item is the Fair's 2008 request to place banners at 12 requested locations and to approve the design for the Fair's banner.

STAFF RECOMMENDATION:  Approve Alameda County Fair's request to display promotional banners on 12 selected light poles in Dublin from May 23, 2008 to July 7, 2008 at the proposed locations, approve the banner design, and authorize the City Manager to approve similar requests from the Alameda County Agricultural Association in subsequent years.

4.3     Authorization to Solicit Bids - Contract No. 08-01-San Ramon Road Wooden Soundwall Repair and Painting (600-35) [ STAFF REPORT ]

This project will repair damaged face panels and repaint the wooden soundwall along the western side of San Ramon Road.

STAFF RECOMMENDATION:  Authorize Staff to solicit bids for Contract No. 08-01, San Ramon Road Wooden Soundwall Repair and Painting.

4.4     Acceptance of Quarry Lane Offsite Tassajara Road Frontage Improvements and Approval of Regulatory Traffic Control Devices (600-60/590-40) [ STAFF REPORT ]

Quarry Lane School and its contractor, Vila Construction, recently completed improvements to Tassajara Road along the school frontage.  The improvements consisted of pavement reconstruction and widening, curb and gutter, sidewalk, landscaping, undergrounding of overhead utility lines and construction of a traffic signal at the school driveway.  Since the improvements have now been completed, it is appropriate to accept the improvements for maintenance and release the bonds that guaranteed the work.

STAFF RECOMMENDATION:  Adopt Resolution Approving Acceptance of the Quarry Lane School Offsite Tassajara Road Improvements and Approval of Regulatory Traffic Control Devices.

4.5     Authorization to Prepare Engineer's Report for Street Lighting Maintenance Assessment District 83-1 (360-20) [ STAFF REPORT ]

This assessment district pays the cost of energy maintenance for the City's street light system except the lights that are included in Dublin Ranch Street Light Maintenance Assessment District 99-1.  This action authorizes City Staff to prepare the Engineer's Report for the 2008-09 assessment.  A public hearing will be held prior to the levy of assessments.

STAFF RECOMMENDATION:  Adopt Resolution Directing Preparation of Annual Report for Street Lighting Maintenance Assessment District 83-1.

4.6     Authorization to Prepare Engineer's Report for Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road Area) (360-20) [ STAFF REPORT ]

This assessment district pays the cost of utilities and maintenance for landscaping improvements along Stagecoach Road and on the "interior slopes" of the Dublin Hills Estates development.  This action authorizes City Staff to prepare the Engineer's Report for the 2008-09 assessment.  A public hearing will be held prior to the levy of assessments.

STAFF RECOMMENDATION:  Adopt Resolution Directing Preparation of Annual Report for Landscaping Maintenance Assessment District 83-2.

4.7     Authorization to Prepare Engineer's Report for Landscaping and Lighting Maintenance Assessment District 86-1 (Villages as Willow Creek) (360-20) [ STAFF REPORT ]

This assessment district pays the cost of utilities and maintenance for certain landscaping improvements associated with the Villages at Willow Creek development.  This action authorizes City Staff to prepare the Engineer's Report for the 2008-09 assessment.  A public hearing will be held prior to the levy of assessments.

STAFF RECOMMENDATION:  Adopt Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek).

4.8     Authorization to Prepare Engineer's Report for Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area) (360-20) [ STAFF REPORT ]

This assessment district pays the cost of utilities and maintenance for certain landscaping improvements within the Santa Rita development area.  This action authorizes City Staff to prepare the Engineer's Report for the 2008-09 assessment.  A public hearing will be held prior to the levy of assessments.

STAFF RECOMMENDATION:  Adopt Resolution Directing Preparation of Annual Report for Landscaping and Lighting Maintenance Assessment District 97-1.

4.9     Authorization to Prepare Engineer's Report for Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch) (360-20) [ STAFF REPORT ]

Assessment District 99-1 pays the cost of utilities and maintenance for the street lighting system in Dublin Ranch and Tract 7067 (Clifden Parc).  This action authorizes City Staff to prepare the Engineer's Report for the 2008-09 assessment.  A public hearing will be held prior to the levy of assessments.

STAFF RECOMMENDATION:  Adopt Resolution Directing Preparation of Annual Report for Street Lighting Maintenance Assessment District 99-1, Dublin Ranch and Tract 7067.

4.10   Ordinance Implementing the Digital Infrastructure and Video Competition Act of 2006 by Adding Chapter 3.22 (Video Service Provided by State Franchise Holders) to the Municipal Code (660-60) [ STAFF REPORT ]

This is the second reading of an ordinance adding a section to the Dublin Municipal Code to include a new franchising mechanism that applies to cable service providers which operate within the City under a State Franchise Agreement.  The City Council will also be updating the fee schedule in support of Public, Education, and Governmental Programming facilities, updating customer-service standards and penalties, and establish auditing and reporting protocols required by the franchise holder.

STAFF RECOMMENDATION:  Waive reading and adopt Ordinance Adding Chapter 3.22 to the Dublin Municipal Code, Relating to Regulations for the Provision of Video Service by State Franchise Holders; and adopt Resolution Adopting a Schedule of Penalties for the Material Breach by the Holder of a State Franchise of Service Standards and Other Standards Specified in Public Utilities Code Section 5900.

4.11   Declaration of Weeds and Combustible Refuse as a Public Nuisance (540-50) [ STAFF REPORT ]

In accordance with Dublin Municipal Code Section 5.70.030, the City Council may declare that there is a public nuisance created by weeds and combustible debris growing, accumulating upon the streets, sidewalks and property within the City of Dublin.

STAFF RECOMMENDATION:  Adopt Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof; and direct Staff to notify the public of the adoption of this Resolution; and schedule public hearing for the April 15, 2008, City Council meeting at which time the Council will hear and consider objections of this abatement order.

4.12   Termination of Emergency Action and Progress Report Regarding Remediation Work at Dublin Civic Center (200-20) [ STAFF REPORT ]

The Civic Center incurred fire and water damage on December 18, 2007.  At its December 17, 2007 meeting, the City Council approved a declaration of emergency in order to allow a waiver of competitive bid for necessary environmental remediation and building restoration.  This item terminates the declaration of emergency and provides an update on the progress of the project to date.

STAFF RECOMMENDATION:  Adopt Resolution Approving Termination of Emergency Allowing Waiver of Competitive Bid Process and Emergency Contract for Environmental Remediation in Dublin Civic Center.

4.13   Ordinance Amending Dublin Municipal Code (DMC) Chapter 4.12 Relating to Auctioneers and Secondhand Dealers (660-60) [ STAFF REPORT ]

This is the second reading of an Ordinance Amending Chapter 4.12 of the DMC relating to Auctioneers and Secondhand dealers.

STAFF RECOMMENDATION:  Waive reading and adopt Ordinance Amending Chapter 4.12 of the DMC relating to Auctioneers and Secondhand Dealers.

4.14   Ordinance Amending Ordinance No. 06-07, Which Created the Dublin Ranch East Side Storm Drain Benefit District (which Includes the Property Within the Citys Territorial Limits to the East of Dublin Ranch and Fallon Road) to Include an Interest Component in Accordance with the Subdivision Map Act (360-40) [ STAFF REPORT ]

The developers of Dublin Ranch constructed drainage facilities that also benefited other property owners in the Eastern Dublin area.  To reimburse the Dublin Ranch developer, Ordinance No. 06-07 was adopted.  The City Council will consider adopting an Ordinance to adjust the reimbursement amounts for interest during the period between the completion of the Storm Drain Improvements and the adoption of Ordinance No. 06-07.

STAFF RECOMMENDATION:  Waive reading and adopt Ordinance Amending Ordinance No. 06-07, which Made Findings, Adopted a Local Drainage Plan, and Created the Dublin Ranch East Side Storm Drain Benefit District, a Local Benefit District to Levy and collect Charges, as a Condition of Development, to Reimburse Developers Who Construct and Install Drainage Facilities that Benefit Properties Other than Their Own.

4.15   Warrant Register ($1,091,050.77) dated March 4, 2008 (300-40) [ STAFF REPORT ]

STAFF RECOMMENDATION:  Approve.

ACTION 7

5.       WRITTEN COMMUNICATIONS - None

6.       PUBLIC HEARINGS

6.1  8     CEQA Addendum, General Plan Amendment, Eastern Dublin Specific Plan Amendment, PD-Planned Development Rezone with Stage 1 Development Plan Amendment and Stage 2 Development Plan for the 7-Acre Residential Portion of the Anderson Property Located at 3457 Croak Road (400-20/420-30/410-55/450-30) [ STAFF REPORT 1 ] [ STAFF REPORT 2]

Braddock & Logan is requesting approval of a General Plan Amendment and Eastern Dublin Specific Plan Amendment to change the existing land use designation from Medium Density to Medium-High Density, and a PD-Planned Development rezone with a Stage 1 Development Plan Amendment and Stage 2 Development Plan to allow a 108-unit apartment project consisting of 78 affordable units to satisfy a portion of the Inclusionary Zoning obligation for the Positano development, 10 affordable units to satisfy the Inclusionary Zoning obligation for the Anderson property, 19 market rate units and one managers unit.

STAFF RECOMMENDATION:  Conduct public hearing; deliberate, and adopt Resolution Adopting a CEQA Addendum to the 1993 Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, the 2002 East Dublin Property Owners Supplemental Environmental Impact Report, and the 2005 Fallon Village Supplemental Environmental Impact Report and Adopting Related Statements of Overriding Considerations; and adopt Resolution Approving a General Plan/Eastern Dublin Specific Plan Amendment to Change the General Plan and Eastern Dublin Specific Plan Land Use Designation for the 7-Acre Residential Portion of the Anderson Property to Medium-High Density Residential; and waive reading and INTRODUCE Ordinance Approving a PD-Planned Development Rezone with an Amended Stage 1 Development Plan and a Stage 2 Development Plan for the 7-Acre Residential Portion of the Anderson Property; and provide Staff with direction regarding the Affordable Housing Agreement and the number of affordable units that should be included on the Anderson property.

ACTION 9

6.2  10     Consideration of an Ordinance Amending and Restating Ordinance No. 12-02 Which Created Dublin Ranch West Side Storm Drain Benefit District (which includes the Western Portion of Dublin Ranch and Dublin Land Co. Property along Tassajara Road) to Reflect Actual Costs of Construction and Include an Interest Component in Accordance with the Subdivision Map (360-40) [ STAFF REPORT ]

On July 16, 2002, Ordinance No. 12-02 was adopted as a means to require development within the same watershed to reimburse the Developers of Dublin Ranch for the costs required to construct drainage improvements with additional capacity that benefits other property owners.  Since the District was established, three developers have constructed all of the drainage facilities, which leaves only one property owner to satisfy the obligation originally contained in Ordinance No. 12-02.  The City Council will consider adopting an ordinance to adjust the actual cost of the improvements and determine the methodology for calculating interest.

STAFF RECOMMENDATION:  Conduct public hearing; deliberate, waive reading and INTRODUCE Ordinance Amending and Restating Ordinance Making Findings, Adopting a Local Drainage Plan, and Creating the Dublin Ranch West Side Storm Drain Benefit District, a Local Benefit District to Levy and Collect Charges, as a Condition of Development, to Reimburse Developers who Construct and Install All Drainage Facilities that Benefit Properties Other than Their Own.

ACTION 11

6.3  12     Urgency and Non-Urgency Ordinances Adding Chapter 5.90 to the Dublin Municipal Code Relating to Prohibiting Knives and Concealed Weapons in City Council Chambers (660-60) [ STAFF REPORT ]

This is the first reading of an urgency ordinance and subsequent non-urgency ordinance related to prohibiting knives and concealed weapons in the City Council Chambers.

STAFF RECOMMENDATION:  Conduct public hearing; deliberate, waive reading and INTRODUCE Urgency Ordinance Adding Chapter 5.90 to the Dublin Municipal Code Relating to Knives and Concealed Weapons in City Council Chambers; and waive reading and INTRODUCE Ordinance Adding Chapter 5.90 to the Dublin Municipal Code Relating to Knives and Concealed Firearms in City Council Chambers.

ACTION 13

7.       UNFINISHED BUSINESS

7.1  14     Establishing a Policy Prohibiting Tobacco Company Sponsorship of City Events and City Event Publications (560-90) [ STAFF REPORT ]

The City Council will consider the establishment of a City policy wherein the City of Dublin would neither solicit nor accept the sponsorship of City events, nor include advertising media within City event publications, from a tobacco company or tobacco-related entity.  This would only apply to businesses or organizations whose primary business is related to tobacco products.

STAFF RECOMMENDATION:  Adopt Resolution Establishing a Policy Prohibiting Tobacco Company Sponsorship of City Events and City Event Publications.

ACTION 15

8.       NEW BUSINESS

8.1  16     Fiscal Year (FY) 2007-08 Mid-Year Budget Review and December 2007 Monthly Report of Financial Activities (330-50) [ STAFF REPORT ]

Staff has prepared a detailed Mid-Year Budget Review to identify any material deviations from the adopted Fiscal Year 2007-08 Budget.  The primary focus of the report is on the General Fund, which accounts for the majority of City operations. Staff has identified proposed adjustments to Revenues and Expenditures.  This item also provides the report of the financial statements for the month of December 2007.

STAFF RECOMMENDATION:  Receive report and approve Budget Changes.

8.2  17     Annual Audit Report for Fiscal Year 2006-2007 and Designation of Fund Balances (310-30) [ STAFF REPORT ]

The City of Dublin has compiled and published its Comprehensive Annual Financial Report (CAFR), for the fiscal year ending June 30, 2007.  This report includes financial statements prepared by Caporicci and Larson (C&L), the independent auditors selected by the City Council.

STAFF RECOMMENDATION:  Accept reports and, after consideration of the other capital improvement agenda items included on this City Council Agenda (Historic Park, Kolb Historic House, Competitive Pool Location, and Fallon Sports Park), determine how the 2006-2007 year-end General Fund surplus should be designated.

ACTION 18

8.3  19     Dublin Historic Park Master Plan Addendum - Kolb Ranch Relocation (295-10/920-30) [ STAFF REPORT ]

The City Council will consider an addendum to the Dublin Historic Park Master Plan that outlines options for relocating structures from the Kolb Ranch to the Dublin Historic Park.

STAFF RECOMMENDATION:  Determine which option, if any, incorporating structures from the Kolb Ranch should be included in the Dublin Historic Park Master Plan; and provide direction on how the funding shortfall should be addressed by selecting one or a combination of the following options:  a) Eliminate features of the existing Master Plan (savings $141,275 - $1,371,880); or b) Utilize a portion of the 2006-2007 Year End Surplus.

ACTION 20

8.4  21     Kolb Trust Donation Agreement (295-10) [ STAFF REPORT ]

The City Council will consider an agreement accepting the donation from the William P. Kolb Revocable Trust of the Kolb Home, Related Structures and Personal Effects.

STAFF RECOMMENDATION:  Authorize the City Manager to execute the Donation Agreement pending City Council approval of moving any of the Kolb Ranch structures.

ACTION 22

8.5  23     Fallon Sports Park Phase I Design (920-60) [ STAFF REPORT ]

The design for Phase I development is scheduled to begin in Fiscal Year 2007-2008 and construction to commence in Fiscal Year 2008-2009.  The City's landscape architectural consultant has prepared the Preferred Scheme for Phase I based on the input from the community design process.  Staff, along with the City's consultant, will present the Preferred Scheme along with information on the synthetic turf option for the two soccer fields.

STAFF RECOMMENDATION:  Approve Preferred Scheme for Fallon Sports Park Phase I and authorize Consultant to proceed with preparation of construction documents or provide alternate recommendations.  Determine soccer field surfacing preference; if synthetic turf is preferred, provide direction on how the funding shortfall should be addressed.

ACTION 24

8.6  25     Feasibility of Relocating Future Competitive Pool from Emerald Glen Park to the Dublin Swim Center (290-30) [ STAFF REPORT ]

The City Council will receive a report of the preliminary feasibility study done on the relocation of the deep-water competitive pool planned for Emerald Glen Park to the existing Dublin Swim Center site, adjacent to Dublin High School.

STAFF RECOMMENDATION:  Select the preferred location for the competitive pool.  If the Swim Center is the preferred location:  a) Authorize the City Manager to execute an agreement, not to exceed $38,500, with an architect and soils engineer to prepare a comprehensive analysis and cost estimate for consideration as part of the Fiscal Year 2008-2009 budget; b) Approve budget change; c) Direct Staff to schedule a meeting of the City of Dublin/Dublin Unified School District Liaison Committee to discuss a potential partnership for the project; and d) Provide direction to Staff on financing options.

ACTION 26

8.7  27     Contract Services Agreement - Bus Shelters Capital Improvement Project (600-35) [ STAFF REPORT ]

The City Council will receive an update on the Bus Shelter Capital Improvement Project, with a request to approve the inclusion of artwork for two additional shelters and authorize Staff to enter into a contract with an arts coordinator to assist with the project.

STAFF RECOMMENDATION:  Authorize approval by Staff of contracted services agreement; and approve the inclusion of artwork for two additional shelters in the Bus Shelter CIP No. 94252.

8.8  28      Request From Vice Mayor Sbranti to Designate a Street for Naming by a Non-Profit Organization (820-60) [ STAFF REPORT ]

This request proposes to utilize the City's street naming policy for non-profit organizations to raise funds to benefit Easter Seals.  The City Council will consider approving the request to designate a street within the Positano development, which is located in eastern Dublin.

STAFF RECOMMENDATION:  Approve the request to designate a street within Positano for naming by a non-profit organization subject to the provisions of the City of Dublin's policy for street naming by or for benefit of non-profit organizations.

ACTION 29

8.9  30      Authorization to Attend Climate Innovation Summit in Albuquerque, New Mexico on May 14 -16, 2008 (100-60) [ STAFF REPORT ]

There is a request from Councilmember Hildenbrand to attend the upcoming Climate Innovation Summit in Albuquerque, New Mexico on May 14-16, 2008.

STAFF RECOMMENDATION:  Authorize out of state travel of Councilmember Hildenbrand to attend the Climate Innovation Summit in Albuquerque, New Mexico.

ACTION 31

9.       OTHER BUSINESS

9.1  32     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).

10.    CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATORS      
Government Code section 54956.8
Property:  Alameda County Assessor's Parcel 941-2768-006-01 (County of Alameda parcel) and Alameda County Assessor's Parcel 941-2768-006-02 (Union Pacific Railroad Company parcel) 

Agency Negotiator:   Richard Ambrose, City Manager
Negotiating Parties:  County of Alameda; Union Pacific Railroad Company
Under Negotiation:  Price and terms of payment

11.     REPORT ON CLOSED SESSION

12.  33     ADJOURNMENT      - In memory of our fallen troops.