CITY COUNCIL AGENDA
COMMUNITY CENTER, MAIN HALL
1249 MARIN AVENUE
MONDAY, JULY 6, 2009

Council Member Wile will be teleconferencing from 2085 Payette Court, Dorrington, California.

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, June 15, 2009.

Staff recommendation: Approve.

4-2. a. Ratification of City of Albany net payroll in the amount of $191,374,58; taxes, benefits & withholdings in the amount of $243,008.97. Total payroll in the amount of $434,383.55. Payroll period:06/19/09.
b. Ratification of Albany Municipal Services JPA net payroll in the amount of $55,438.63; taxes, benefits & withholdings in the amount of $55,688.38. Total payroll in the amount of $111,127.01. Payroll period: 06/19/09.

Staff recommendation: Ratification.

4-3. a. Ratification of bills, claims and demands against the City of Albany in the amount of $2,861,831.39. Period: 06/12/09.
b. Ratification of bills, claims and demands against the City of Albany in the amount of $716.726.83. Period: 06/26/09.
c. Ratification of bills, claims and demands against the City of Albany JPA in the amount of $672.00. Period: 06/12/09.

Staff recommendation: Ratify.

4-4. Pension payments for the month of June, 2009, in the amount of $112,578.71.

Staff recommendation: Ratify.

4-5. Council Member Wile appointing Patti Donald, Waterfront Committee; Ruth Cashmere, Social & Economic Justice Commission.

Staff recommendation: Information only.

4-6. Resolution No. 09-21 – A Resolution of the Albany City Council to Adopt the Revised Albany Arts Committee Mission Statement and the New Duties and Functions.

4-6A Staff Report
4-6B Reso 09-21
4--6C Mission Statement

Staff recommendation: Approve Resolution No. 09-21.

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 of a Proclamation to Duane Silverstein, Seacology, in honor of being named the Major League Baseball PEOPLE All-Stars Among Us winner, representing the Oakland Athletics.

6-2. Sewer System Management Plan.

6-2A Staff Report
6-2B Resp 09-36
6-2C Albany SSMP
6-2D Bartle Wells Proposal

Staff recommendation: 1) Approve Resolution No. 09-36 – A Resolution of the Albany City Council Approving and Adopting the City’s Sewer Management Plan; waive reading of entire Resolution. 2) Authorize the City Administrator to execute an agreement with Bartle Wells Associates in an amount not to exceed $24,500 for development of a financial plan for the SSMP.

6-3. Master Fee Schedule.

6-3A Staff Report
6-3B New & Inc. Fees Greater Than 3.1%
6-3C MFS Cover and Table of Contents
6-3D Master Fee Schedule

Staff recommendation: Approve Resolution No. 09-35 – A Resolution of the Albany City Council Establishing and Amending the City of Albany Master Fee Schedule for Various Permits, Services and Fines, Effective July 1, 2009. Waive reading of entire Resolution.

6-4. Ordinance No. 09-011 – An Ordinance of the Albany City Council Amending Chapter 20, Planning and Zoning of the Albany Municipal Code. First Reading.

6-4A Staff Report
6-4B Sep 23 08 P&Z Staff Report
6-4C Nov 25 08 P&Z Resolution of Intention
6-4D Proposed Ord 09-011

Staff recommendation: Introduce Ordinance No. 09-011 for First Reading waive reading of entire Ordinance.

7. UNFINISHED BUSINESS

8. NEW BUSINESS

8-1. Proposition 40 Funds State of California 2002 Resources Bond.

8-1A Staff Report
8-1B Stage Location 1
8-1C Stage Location 2
8-1D Prop 40 Spreadsheet

Staff recommendation: That Council redirects the remaining Prop 40 funds to: 1) The installation of a rubberized surface that will cover a portion of the play area at Ocean View Park. 2) The installation of a permanent stage at Memorial Park.

8-2. Albany Meeting Cable-Casting Policy

8-2 Staff Report

Community Media Access Committee recommendation: Adopt a policy to: 1) Cable cast all Waterfront Committee meetings. 2) Cable cast all Planning & Zoning Commission meetings, or select meetings of general or special interest. 3) Adopt the Social & Economic Justice Commission recommendations of allowing other Commission/Committees to request cable casts of their meetings.

Staff recommendation: Current staff scheduling can accommodate cable casting the meetings of the Waterfront Committee, Planning & Zoning Commission, City Council and School Board. Occasional cable casting of meetings of other City commissions or committees likely can be accommodated if a request is submitted with sufficient advance notice and available staff time can be scheduled.

8-3. Review of Draft 2009 Housing Element of the General Plan.

8-3A Staff Report
8-3B Roundtable Discussion
8-3C Draft Housing Element
8-1D Prop 40 Spreadsheet

Planning & Zoning Commission recommendation: Authorize staff to send the draft 2009 Housing Element of the General Plan to the State of California Department of Housing and Community Development for review and comment.

8-4. Ordinance No. 09-09 – An Ordinance of the Albany City Council Amending Section 5-1.24 Cumulative Remedies of the Albany Municipal Code.

8-4A Staff Report
8-4B Ord 09-09

Staff recommendation: Introduce for first reading Ordinance No. 09-09 and waive reading of entire Ordinance.

8-5. Ordinance No. 09-010 – An Ordinance of the Albany City Council Adopting Section 1-12 Recovery of Attorney’s Fees of the Albany Municipal Code.

8-5A Staff Report
8-5B Ord 09-010

Staff recommendation: Introduce for first reading Ordinance No. 09-010 and waive reading of entire Ordinance.

8-6. Ordinance No. 09-012 – An Urgency Ordinance Amending the City’s Flood Damage Prevention Regulations of the Albany Municipal Code.

8-6A Staff Report
8-6B Ord 09-012
8-6C Exhibit A
8-6D FEMA Letter 12 22 08

Staff recommendation: Adopt an Urgency Ordinance No. 09-012, by at least a 4/5th vote, amending the Flood Damage Prevention Regulations of the Albany Municipal Code to revise the date of “The Flood Insurance Study (FIS) for the City of Albany” from November 1978 to August 1, 1978. Waive reading of entire Ordinance.

8-7. 2009 Annual League of California Cities Conference Voting Delegate and Alternate.

8-7 Staff Report

Staff recommendation: Appoint the League of California Cities Voting Delegate and Alternate.

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, 405 Kains Avenue, Albany, CA 94706.