CITY COUNCIL AGENDA
COMMUNITY CENTER, MAIN HALL
1249 MARIN AVENUE
MONDAY, JULY 20, 2009

6:30 p.m.

EXECUTIVE SESSION

OPPORTUNITY FOR THE PUBLIC TO SPEAK ON EXECUTIVE SESSION ITEMS

City Council convenes in the Council Chamber and then adjourns to Executive Session to discuss Public Employee Performance Evaluation pursuant to Government Code Section 54957:

Beth Pollard City Administrator

To discuss litigation pursuant to Government Code Section 54956.9:

City of Albany v. Alten Construction, Inc.

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, July 6, 2009.

Staff recommendation: Approve.

4-2. a. Ratification of City of Albany net payroll in the amount of $187,753.12; taxes, benefits & withholdings in the amount of $152,245.69. Total payroll in the amount of $339,998.81. Payroll period: 07/02/09.
b. Ratification of Albany Municipal Services JPA net payroll in the amount of $57,576.67; taxes, benefits & withholdings in the amount of $40,474.22. Total payroll in the amount of $. Payroll period: 07/02/09.

Staff recommendation: Ratify.

4-3. a. Ratification of bills, claims and demands against the City of Albany in the amount of $32,92.81. Period: 07/01/09.

Staff recommendation: Ratify.

4-4. Ordinances:
a. Ordinance 09-09 – An Ordinance of the Albany City Council Amending Section 5-1.24 Cumulative Remedies of the Albany Municipal Code.
b. Ordinance No. 09-010 – An Ordinance of the Albany City Council Amending Section 1-12 Recovery of Attorney’s Fees of the Albany Municipal Code.

4-4A Staff Report
4-4B Ord 09-09
4-4C Ord 09-010

Staff recommendation: Approve Ordinance 09-09 & 09-010 for Second Reading-Pass-to-Print. Waive reading of entire Ordinances.

4-5. Resolution No. 09-38 – A Resolution of the Albany City Council Requesting the Federal Government to Update Studies on Potential Health Effects of Radio Frequency Wireless Emissions in Light of Proliferation of Wireless Use.

4-5A Staff Report
4-5B Reso 09-38
4-5C Sebasopol Reso
4-5D Portland OR Reso

Council Member Lieber recommendation: Approve Resolution No. 09-38.

4-6. Sewer System Management Plan (SSMP).

4-6A Staff Report
4-6B Proposal Modification
4-6C Link to Sample Reports
4-6D Bartel Wells Proposal

Staff recommendation: Authorize the City Administrator to execute an agreement with Bartle Wells Associates in an amount not to exceed $19,500 for development of a financial plan for the SSMP.

4-7. Memorandum of Understanding with University Village to provide crossing guards for Ocean View Elementary School.

4-7A Staff Report
4-7B Attachment

Staff recommendation: Authorize the City Administrator to enter into a Memorandum of Understanding with University Village in Albany for the Albany Police Department to manage crossing guard services for children in the vicinity of Albany Unified School District’s Ocean View School.

4-8. Letter of support for the Wayfinding Project proposal being submitted by the Western Contra Costa Transportation Advisory Committee (WCCTAC) for a Safe Routes to Transit (SR2T) grant request.

4-8A Staff Report
4-8B Letter of Support

Staff recommendation: Support WCCTAC’s grant application to the SR2T Cycle III for the development of a uniform wayfinding signage system that include points of interest in the City of Albany and neighboring communities in Contra Costa County.

4-9. AB 1234 Reporting on EOC Finance & Disaster Cost Recovery Class that the City Treasurer attended.

4-9 Staff Report

Staff recommendation: Information only.

4-10. Contract C09-1: Creek Monitoring Contract in an amount of $27,000 (From Codornices Creek Account) with Far West Engineering to provide monitoring per requirements of permitting agencies for Codornices Creek Restoration.

4-10A Staff Report
4-10B Attachmt 1 C09-1
4-10C Attchmt 2 10 Yr Monitoring Plan

Staff recommendation: Approve Contract C09-1.

4-11. Letter to League of California Cities opposing unfunded mandates and housing allocation requirements.

4-11A Staff Report
4-11B Attachment

Recommendation: Authorize the Mayor to sign and send letter to the League of California Cities urging it to oppose any existing or potential unfunded mandates, and to support a more realistic approach to the housing allocation requirements mandated upon cities.

4-12. 2009 Paving Project.

4-12A Staff Report
4-12B Reso 09-39

Staff recommendation: Approve Resolution No. 09-39 – A Resolution of the Albany City Council Approving Plans, Finding Project to be Categorically Exempt Under CEQA, Calling for Bids and Authorizing the City Administrator to award a Contract for Contract No. C09-11, 2009 Paving Project for an Amount Not to Exceed $818,000.

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 Proclamation to Richard Russo honoring his thirty-five years with the Alameda County Library-Albany Branch.

6-2. 2008 Alameda County Waste Characterization Study.

6-2A Staff Report
6-2B Attachment

Staff recommendation: Information only.

7. UNFINISHED BUSINESS

7-1. Buchanan Bicycle and Pedestrian Path Design Recommendation and Support of Resolution No. 09-37 for Construction Grant Application.

7-1A Staff Report
7-1B Drawings & Fire Stripping
7-1C Exhibit A
7-1D Arborist Report
7-1E Reso 09-37

Traffic & Safety Commission recommendation: 1) Approve the following design alternatives from the Buchanan Bicycle and Pedestrian Path, as recommended by the Traffic & Safety Commission and shown on plans developed by DMJM Harris Engineers. 2) Approve Resolution No. 09-37 – A Resolution of the Albany City Council Supporting the City’s Application for a Safe Routes to Transit Grant (SR2T) in the Amount of $500,000 for the Construction of Segment I and II of the Buchanan Bicycle and Pedestrian Path. Waive reading of entire Resolution.

7-2. Ordinance No. 09-013 – An Ordinance of the Albany City Council Re-Enacting Chapter VII City of Albany Campaign Finance Reform Act of 1996 of the Albany Municipal Code. First Reading

7-2A Staff Report
7-2B Ord 09-013
7-2C Task Force Report
7-2D Allan Maris Report

Staff recommendation: 1) Introduce for First Reading Ordinance No. 09-013. Waive reading of entire Ordinance. 2) Unless the Council wishes to commit public funds to assist candidates who accept expenditure limits, thank the Task Force Members for their work and disband the Task Force. If the Council agrees to use public funds, then refer back to the Task Force with direction to develop a policy for use and access of the public funds. Direct the Task Force to report back in two (2) months.

Task Force recommendation: 1) Increase the level of election information provided on the City of Albany’s website by using a checkbox or similar indication next to each candidate’s name, as to whether the candidate did or did not elect the voluntary expenditure limit for that election. 2) Increase the level of election information provided on the City of Albany’s website by including for each candidate a reproduction of that candidate’s statement of qualifications (which is published in the voter guide and is a matter of public record). 3) Modify ordinance provisions 7.3a and 7.3b to exclude non-candidate-controlled committees, to reduce ambiguity. 4) Eliminate the current section 7.3d (which is made moot by revisions to 7.3a and 7.3b) and re-letter subsequent sections in section 7.3. 5) Modify ordinance provision 7.5e to specify committees’ payments, to reduce ambiguity. Also in 7.5e specify the reference period for the report that is required by this subsection. 6) Per Robert Stern’s suggestions, clarify provisions 7.5.c and 7.5.d by replacing “upon” with “within five days”. 7) Re-date the ordinance, to reduce ambiguity. 8) Specify CPI reference for escalation provisions, providing the level of detail suggested by the producer of the CPI, to reduce ambiguity.

7-3. BART Agreements regarding Ohlone Greenway Earthquake Safety Project.

7-3A Staff Report
7-3B Acquisition Agreement
7-3C Right of Entry Agreement
7-3D Letter of Agreement

Staff recommendation: Authorize the City Administrator to enter into the following Agreements with BART, as recommended by staff: Acquisition Agreement, Right of Entry and Letter Agreement for Final Design and Construction. In the event that there are any significant changes, staff would return to Council for authorization.

7-4. Monthly Progress Report: June 2009 Civic Center.

7-4A Staff Report
7-4B Budget Update

Staff recommendation: Receive monthly progress report.

7-5. Draft Final Report: Economic Development.

7-5A Staff Report
7-5B Draft Report
 7-5C Support Documents

Staff recommendation: Receive presentation on economic development report strategy and action, and refer to staff for recommendations on implementation.

8. NEW BUSINESS

8-1. Cal in Local Government Internship Program.

8-1A Staff Report
8-1B Wozniak Letter
8-1C Cal In Local Gov't Program
8-1D Supervisor Brochure
Recommendation: Authorize staff to apply for and enter into an agreement with University of California, Berkeley, to host an intern(s) to work on policy research & development and related projects.

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).

9-1. The City of Albany’s Social & Economic Justice Commission is coordinating a foreclosure prevention workshop on Sunday, July 26, 10 a.m. – 4 p.m. at the Albany Community Center, 1249 Marin Avenue, Albany. For additional information visit the City’s website at www.albanyca.org.

9-2. National Night Out – Tuesday, August 4, 2009, 6-8 p.m. America’s Night Out Against Crime. It’s time to organize your block party and close down the street. Register early to qualify for the free street closure, give-away items for kids, a host gift and visit from City staff. For additional information or to register online visit the City’s website at www.albanyca.org or call 510-812-6240.

9-3. City Council is in recess for the month of August. The next regular scheduled Council Meeting is Tuesday, September 4, 2009.

9-4. City offices will be closed on Monday, September 3, 2009, in observation of the Labor Day holiday.

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.