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City Council Meeting

7:00 p.m.

CLOSED SESSION

Closed session to discuss real property pursuant to Government Code Section 54956.8:

Property: Proposed Maintenance Center, 540 Cleveland Avenue
Negotiating Parties: City Administrator, City Attorney & Public Works Manager, on behalf of the City; Western Forge & Flange, represented by James Clayton & Company, 2271 Lava Ridge Court, Roseville, CA 9566.

Property: Lease at Maintenance Center, 548 Cleveland Avenue
Negotiating Parties: City Administrator, City Attorney & Public Works Manager on behalf of the City; Frank Zichichi, on behalf of the 548 property.

Closed session to discuss litigation pursuant to Government Code Section 54956.9

City of Albany v. Alten Construction

OPPORTUNITY FOR THE PUBLIC TO SPEAK ON CLOSED SESSION ITEMS

ADJOURN TO CLOSED SESSION

Approved Minutes

8:00 p.m.

CALL TO ORDER

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

3. REPORT ON ACTION TAKEN IN CLOSED SESSION, IF ANY

4. CONSENT CALENDAR

(Consent Calendar items are considered to be routine by the City Council and will be enacted by one motion. By approval of the Consent Calendar, the staff recommendations will be adopted unless otherwise modified by the City Council. There will be no separate discussion on these items unless a Council Member or a member of the audience requests removal of the items from the Consent Calendar.)

4-1. Council Minutes, December 1, 8, 15, 2008 & January 5, 2009.

Staff recommendation: Approve.

4-2. a. Ratification of City of Albany net payroll in the amount of $182,925.76; taxes, benefits & withholdings in the amount of $239,445.42. Total payroll in the amount of $422,371.18. Payroll period: 12/19/08.
b. Ratification of Albany Municipal Services JPA net payroll in the amount of $56,937.94; taxes, benefits & withholdings in the amount of $60,894.93. Total payroll in the amount of $117,832.87. Payroll period: 12/19/08.
c. Ratification of Albany net payroll in the amount of $197,248.03; taxes, benefits & withholdings in the amount of $168,938.96. Payroll period: 01/02/09.
d. Ratification of Albany Municipal Services JPA net payroll in the amount of $60,453.75; taxes, benefits & withholdings in the amount of $44,392.79. Total payroll in the amount of $104,846.54. Payroll period: 01/02/09.

Staff recommendation: Ratify.

4-3. a. Ratification of bills, claims & demands against the City of Albany in the amount of $2,200,688.21. Period: 12/12/08.
b. Ratification of bills, claims & demands against the City of Albany in the amount of $668.00. Period: 12/12/08.
c. Ratification of bills, claims & demands against the City of Albany in the amount of $1,036,570.12. Period: 12/24/08.

Staff recommendation: Ratify.


4-4. Police & Fire Pension Board appointment.

4-4 Staff Report

Staff recommendation: Appoint Mayor and Council Member Wile as the alternate.

4-5. Friends of the Albany Library appointing Alan Riffer to the Albany Library Board.

Staff recommendation: Ratify.

4-6. a. Council Member Thomsen appointments: Peggy McQuaid, Anne Maris, Arts Committee; Bob Outis, Charter Review Committee; Jack Rosano, Civil Service Board; Caryl O’Keefe, Sustainability Committee; Ray Anderson, Traffic & Safety Commission; Francesco Papalia, Waterfront Committee; Gary Class, Parks & Recreation Commission; Naomi Sigal, Community Media Access Committee; Sarah Whitmer, Library Board; Ruth Ganong, Social & Economic Justice Committee.
b. Council Member Lieber appointments: Michael Wallace, Charter Review Committee; Jack Kenney, Community Media Access Committee; Richard Trout, Parks & Recreation Commission; Bill Dann, Waterfront Committee; Thomas Cooper, Sustainability Committee; Leah Flanagan, Library Board; Mara Duncan, Social & Economic Justice Commission; Robert Cheasty, Civil Service Board.
c. Council Member Javandel appointment: Clay Larson, Community Media Access Committee.
d. Council Member Wile appointments: Judy Abel, Civil Service Board; Kim Linden, Parks & Recreation Commission; Brian Johns, Social & Economic Justice Commission; Miya Kitahara, Sustainability Committee; David Madson, Traffic & Safety Commission; Brian Parker, Waterfront Committee; Preston Jordan, Charter Review Committee.
e. Mayor Atkinson appointments: Joe Como, Parks & Recreation Commission; Margie Marks, Social & Economic Justice Commission; Suzanne Schrift, Sustainability Committee; Marsha Atkinson, Traffic & Safety Commission; Steve Granholm, Waterfront Committee; Rosalie Gonzales, Library Board; Sheryl Black, Arts Committee.

4-7. Council Member Thomsen submitting the name of Phillip Moss as her appointee to the Planning & Zoning Commission.

Staff recommendation: Ratify appointment.

4-8. Mayor Atkinson submitting the name of Andrea Gardner as her appointee to the Planning & Zoning Commission.

Staff recommendation: Ratify appointment.

4-9. Consideration of Claim #AL584; Arvie v City of Albany.

4-9 Staff Report

Staff recommendation: Reject and authorize the City Clerk to send out the appropriate rejection letter.

4-10. City of Albany co-sponsoring, with Chamber of Commerce and the Solano Avenue Association, workshop on tips for small businesses during difficult economic times on February 11, 2009.
Staff recommendation: Approve co-sponsoring the workshop and authorize the City’s name and names of Council Members Thomsen & Wile to be listed on the flyer.

4-10 Staff Report

Staff recommendation: Approve co-sponsoring the workshop and authorize the City’s name and names of Council Members Thomsen & Wile to be listed on the flyer.


5. GOOD OF THE CITY/PUBLIC FORUM/ANNOUNCEMENTS

For persons desiring to address the City Council on an item that is not on the agenda please note that City policy limits each speaker to three (3) minutes. The Brown Act limits the Council’s ability to take and/or discuss items that are not on the agenda; therefore, such items are normally referred to staff for comment or to a future agenda.

Please go to our website at www.albanyca.org to view all future Commission and Committee meetings.

6. PRESENTATION/PUBLIC HEARING

6-1. Presentation to American Red Cross proclaiming the month of January as National Blood Donor Month.

6-1 Proclamation

The City is having its annual blood drive on June 10, 2009, 8 a.m. – 1 p.m. at the Community Center, 1249 Marin Avenue. Please contact the Albany Fire Department for additional information.

6-2. Get Engaged! Commit to Serve Expo on Monday, January 19, 2009, 9 a.m. to Noon, at the Albany Community Center, to encourage pledges for services to the community, and broadcasting of the Presidential Inauguration on Tuesday, January 20, starting at 8:30 a.m. also at the Albany Community Center.

6-2 Staff Report

Staff recommendation: That Council receive a verbal presentation on the events at the Community Center.

6-3. Public hearing to discuss Ordinance No. 09-02 Incorporating Article 5-24 Tobacco Retailer Licensing Program into Chapter 5 of the Albany Municipal Code and Ordinance No. 09-03 Incorporating Tobacco Retailer Land Use Regulations into Chapter 20 of the Albany Municipal Code.

6-3A Staff Report
6-3B Ordinance 09-02
6-3C Ordinance 09-03

Staff recommendation: 1) Open public hearing. 2) Consider Ordinance No. 09-02 & 09-03 for first reading.


7. UNFINISHED BUSINESS

7-1. Waterfront Visioning Process – Update by Fern Tiger Associates regarding Next Steps.

7-1 Staff Report

Staff recommendation: That the Council receive an update from Fern Tiger Associates.

7-2. Monthly Progress Repot: Civic Center Project.

7-2A Staff Report
7-2B Budget
7-2C Layouts

Staff recommendation: 1) Receive monthly progress report 2) Authorize proceeding with plans and cost estimates for interior modifications to City Hall, at an estimated cost of $15,000.

7-3. Economic Development Working Group review.

7-3 Staff Report

Council Member Thomsen recommendation: 1) Agendas for the meetings be posted, meetings be open to the public and minutes be made available. 2) Members of the public who have experience in the economic, financial and/or commercial sectors be added to the committee. The specific suggestion is for three additional members. 3) That Council set a date for a report back for discussion, public input and possible action; suggested dated: April, 2009.

8. NEW BUSINESS

8-1. At-Large Committee Appointments.

8-1A Staff Report
8-1B Applications

Staff recommendation: Consider appointing two (2) at-large appointees to the Waterfront Committee.

8-2. Ordinance No. 09-01 – Administrative Citation Ordinance.

8-2A Staff Report
8-2B Ordinance 09-01

Staff recommendation: Approve for first reading Ordinance No. 09-01 An
Ordinance of the Albany City Council Incorporating Article 1-11 Administrative Citations into Chapter 1 of the Albany Municipal Code.

8-3. Albany community economic impacts.

8-3 Staff Report

Council Member Wile recommendation: That Council refer to the Social & Economic Justice Commission the review of impacts of the economy on members of the Albany community, for recommendation to the City Council by April, 2009.

8-4. Change in Start Time for City Council Meetings.

8-4A Staff Report
8-4B Resolution 09-1

Staff recommendation: Adopt Resolution No. 09-1 – A Resolution of the Albany City Council Changing the Start Time of the City Council Meetings to 7:30 p.m.

9. OTHER BUSINESS, REPORTS ON MEETINGS ATTENDED, ANNOUNCEMENT OF EVENTS/FUTURE AGENDA ITEMS.

(Council and staff announcements: Council Member reports on State, regional and local boards, commissions and committees to which they are appointed by the City Council; Council Member announcement of requests for future agenda items. No public comment will be taken on announcement of future agenda items).

10. ADJOURNMENT

(The Council meeting packet is available for public inspection at the Albany Library (526-3720), the Fire Department and the City Clerk’s Office. The agenda and supporting staff reports can also be found on our web page at: www.albanyca.org. If you have any questions pertaining to any agenda item or Council meeting procedure, please contact the City Clerk’s Office at 528-5710.)
Agenda related writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the lobby of City Hall.

The City of Albany is dedicated to maintaining its small town ambiance, responding to the needs of the Community and providing a safe, healthy environment now and in the future.

To view the live televised Council meetings go to Channel 33. Please note that if you provide your name and address when speaking before the City Council it will become part of the official public record, which will be posted on the Internet and broadcast on Channel 33.

NOTICE – Please Read

“Pursuant to Government Code Section 65009, if you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
The decision of the City Council is final as of the date of its decision unless judicial review is initiated pursuant to California Code of Civil Procedure Section 1094.5. Any such petition for judicial review is subject to the provisions of California Code of Civil Procedure 1094.6.
In compliance with the Americans with Disabilities Act (ADA), and State Law, if you need special assistance to participate in this meeting, please contact the City Administration Office 510-528-5710. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102.104 ADA Title II)”. Upon request, we will provide written agenda materials in appropriate alternate formats, of disability related modification or accommodation, including auxiliary aids or services to enable individuals with disabilities to participate in public meetings. Please deliver a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least two (2) days before the meeting. Request should be sent to: City Clerk, 1000 San Pablo Avenue, Albany, CA 94706.

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