CITY COUNCIL AGENDA
COMMUNITY CENTER, MAIN HALL
1249 MARIN AVENUE
MONDAY, MAY 18, 2009

Approved Minutes

7:30 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. Minutes, Council Meeting of Monday, May 4, 2009.

Staff Recommendation: Approve.

4-2. a. Ratification of City of Albany net payroll in the amount of $200,752.94; taxes, benefits & withholdings in the amount of $244,229.14. Total payroll in the amount of $444,982.08 Payroll period: 04/24/09.
b. Ratification of Albany Municipal Services JPA net payroll in the amount of $54,462.13; taxes, benefits & withholdings in the amount of $68,042.04. Total payroll in the amount of $122,504.17. Payroll period: 04/24/09.
c. Ratification of City of Albany net payroll in the amount of $201,075.99; taxes, benefits & withholdings in the amount of $156,647.63. Total payroll in the amount of $357,723.62 Payroll period: 05/08/09.
d. Ratification of Albany Municipal Services JPA net payroll in the amount of $56,376.05; taxes, benefits & withholdings in the amount of $40,067.40. Total payroll in the amount of $96,443.45. Payroll period: 05/08/09.

Staff Recommendation: Ratify.

4-3. Pension payments in the amount of $112,551.49 for the month of April 2009.

Staff Recommendation: Ratify.


4-4. a. Ratification of bills, claims and demands against the City of Albany in the amount of $32,962.81. Period: 04/01/09.

b. Ratification of bills, claims and demands against the City of Albany JPA in the amount of $369.31. Period: 04/03/09.

c. Ratification of bills, claims and demands against the City of Albany in the amount of $518,321.06. Period: 04/03/09.

d. Ratification of bills, claims and demands against the City of Albany in the amount of $1,438,238.90. Period: 04/17/09.

Staff recommendation: Ratify.

4-5. City Attorney conference report.

4-5 Report

Staff Recommendation: Note and File.

4-6. Resolution 09-20 authorizing city staff to implement the proposed plan for the City of Albany’s Paratransit Program for Fiscal Year 2009-2010.

4-6A Staff Report
4-6B Reso 09-20


Staff Recommendation: That Council approve Resolution #09-20 authorizing staff to implement the proposed plan for the City of Albany’s Paratransit Program for fiscal year 2009-2010.

4-7. Approval of previously authorized adjustments to the Sewer Service Charge, Library Services Tax of 1994, Library Services Supplemental Tax, Paramedic Supplement Tax, Measure N (Advanced Life Support), Measure F-2006 Pavement and Storm Drain and collection of charges, taxes and fees on the Alameda County Property Tax Roll.

4-7 Staff Report

Staff Recommendation: 1. Approve previously authorized adjustments to the Sewer Service Charge, Library Services Tax of 1994, Library Services Supplemental Tax, Paramedic Supplement Tax, Measure N (Advanced Life Support), Measure F-2006 Pavement and Storm Drain and to the posting of these charges, fees, and/or taxes to the 2009-10 Alameda County Property Tax Roll. 2. Direct that the above charges, taxes and fees and the NPDES (Urban Runoff) and the Advanced Life Support Tax (Measure N) which do not contain a provision for an increase be collected on County Tax Roll for the 2009-10 fiscal year.

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

7. UNFINISHED BUSINESS

7-1. Neilson Street Storm Drain and Sanitary Sewer Project

7-1A Staff Report
7-1B Reso 09-22
7-1C Notice of Completion

Staff recommendation: Adopt Resolution 09-22 approving and accepting improvements and directing the filing of the Notice of Completion for Contract #07-21 Neilson Street Storm Drain & Sanitary Sewer Project. Accept as complete.

7-2. Civic Center monthly report.

7-2 Staff Report

Staff Recommendation: Receive monthly construction progress report.

8. NEW BUSINESS

8-1. Resolution #09-21 Adoption of the revised Albany Arts Committee mission statement and the new Albany Arts Committee Duties and Functions.

8-1A Staff Report
8-1B Reso 09-21
8-1C Statement, Duties, Function

Arts Committee Recommendation: That Council approve Resolution #09-21 to adopt the revised Albany Arts Committee Mission Statement and the new Duties and Functions.

Staff Recommendation: Approve Resolution 09-21.

8-2. One-year review of Ordinance #08-03, Prohibiting Smoking in or around workplaces, recreational areas, and other places. 

8-2A Staff Report
8-2B Ordinance 08-03
8-2C Sample Language
8-2D Attachment:  Local Grades

Staff Recommendation: Receive one-year review report.

8-3. Stopwaste.org “Green Packages” countywide program for energy efficiency.

8-3A Staff Report
8-3B Mayor Sweeney Letter
8-3C Attachment FAQ
8-3D Mayor Atkinson Letter

Staff Recommendation: 1. That Council authorize participation in the Stopewaste.org “Green Packages” program; and authorize allocation of funding contribution of $10,000 or less to participate in the program, contingent upon stimulus funds received by the California Energy Commission. 2. That Council authorize the Mayor to send a letter to the California Energy Commission urging a per capita distribution of economic stimulus funds to all cities, including those with a population less than 35,000.

8-4. Resolution 09-23 finding a severe fiscal hardship will exist if additional
local property tax funds are seized and additional unfunded mandates are adopted by the State of California.

8-4A Staff Report
8-4B Reso 09-23
8-4C DOF Proposal

Staff Recommendation: Approve Resolution 09-23.

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

9-1. Voices to Vision, May 16 through June 30. All residents are urged to RSVP and attend their neighborhood session to plan Albany’s future and its waterfront. See the Voices to Vision publication sent to all Albany addresses, or go to www.voicestovision.com or 510-444-4567 to locate your session and RSVP.

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, 405 Kains Avenue, Albany, CA 94706.