COMMUNITY CENTER
MAIN HALL
1249 MARIN AVENUE
MONDAY, NOVEMBER 2, 2009

6:30 p.m.

CLOSED SESSION

OPPORTUNITY FOR THE PUBLIC TO SPEAK ON CLOSED SESSION ITEMS.

Anticipated Litigation – Government Code Section 54956.9

City Council will meet with Legal Counsel to discuss anticipated litigation: 1) Hagen v. City of Albany; Claim #AL555. 2) Our Children’s Earth v. City of Albany; Claim #AL610.

ADJOURN TO CLOSED SESSION

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. a. Ratification of City of Albany net payroll in the amount of $207,953.61; taxes, benefits & withholdings in the amount of $248,349.90. Total payroll in the amount of $456,303.51. Payroll period: 10/23/09.

4-2. b. Ratification of Albany Municipal Services JPA net payroll in the amount of $52,336.33; taxes, benefits & withholdings in the amount of $55,009.38. Total payroll in the amount of $107,345.71. Payroll period: 10/23/09.

Staff recommendation: Ratify.

4-3. Pension Payments for the month of October, 2009, in the amount of $116,251.36.

Staff recommendation: Ratify.

4-4. Council Member Wile appointing Ken McCroskey to the Traffic & Safety Commission and Heather Cunningham, to the Parks & Recreation Commission.

Staff recommendation: Information only.

4-5. Stage Concept Design for Memorial Park.

4-5A Staff Report
4-5B Electrical Plan
4-5C Memorial Park Layout

Staff recommendation: 1) Approve the Stage design submitted by Landscape Architect Karen McArdle and 2) approve up to $36,000 for the completion of the project from State Proposition 40 funds.

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. Fire Marshal presenting an update on the Alameda County Public Health Department and the H1N1 vaccine & clinic.

6-1A Staff Report
6-1B H1N1 Flu
6-1C Alameda County Clinic Schedule

7. UNFINISHED BUSINESS

7-1. East Bay Regional Park District Measure WW – Local Grant:

a. Voting procedures and prior action on Measure WW.

7-1.a Staff Report

Staff recommendation: By random selection choose one of the three Council Members with a conflict of interest to participate. When the quorum is chosen, then (a) rescind the prior September 8, 2009 decision related to Pierce Street and (b) make determinations, as deemed appropriate for the allocation of WW funds.

b. Measure WW – Local Grant.

7-1.b A Staff Report
7-1.b B Att 1 Complete List of Projects
7-1.b C Att 2 Proposed Local Grant Projects
7-1.b D Att 3 Cove Project
7-1.b E Att 4 Waterfront Committee Selections

Parks & Recreation Commission recommendation: The Parks & Recreation Commission recommends the following allocations for the City of Albany’s Measure WW per capita Local Grant program totaling $771,363: a) Pierce Street Park - $456,000; b) Teen Center Expansion - $120,000; c) Ohlone Greenway Improvements - $125,000; d) Improvements to the Cove at the Albany Waterfront - $50,000; e) Additional rubberized surface at Ocean View Park Playground - $20,000. Total $771,000.

Staff recommendation: a) Improvements to the Cove at Albany Waterfront - $50,000; b) Teen Center Expansion - $120,000; c) Additional rubberized surface at Ocean View Park Playground - $20,000; d) Unallocated - $581,000. Total $771,000.

7-2. Pierce Street Pavement Rehabilitation and Path Project.

7-2A Staff Report
7-2B Mit. Monitoring & Reporting
7-2C Arborist Report
7-2D Response to Comments Memo
7-2E Mem. Bicycle Solutions
7-2F Path Segment Photos
7-2G Public Meeting Notices
7-2H Overall
7-2I Segment 1
7-2J Segment 2
7-2K Pierce Street Pavement Rehab.

Traffic & Safety Commission recommendation: 1) Approve the Final Mitigated Negative Declaration on the Pierce Street Pavement Rehabilitation and Bicycle/Pedestrian Path Project. 2) Authorize the City Administrator to direct Kimley-Horn and Associates to proceed with final phase of the design contract in the amount of $157,038 to prepare 100% construction plans and documents for Phase I (Pierce Street segment). 3) Direct staff to evaluate bicycle/pedestrian path alternates that retain the existing trees along Cleveland Avenue, between Washington and Buchanan Streets, to the fullest extent possible (Phase II)

8. NEW BUSINESS

8-1. Living Wage Ordinance.

8-1A Staff Report
8-1B Ord 09-016
8-1C Living Wage Comparison

Social & Economic Justice Commission recommendation: Approve Ordinance No. 09-016 – An Ordinance of the Albany City Council Adopting Section 2-26 entitled “Living Wage Ordinance” to the Albany Municipal Code. First reading, waiving reading of entire Ordinance.

8-2. Spaying/neutering of unaltered impounded dogs and cats.

8-2 Staff Report


Council Member Wile recommendation: Ask the City Attorney to draft an ordinance to bring to Council to require spaying or neutering of dogs and cats that are impounded, subject to certain conditions.

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. Community Meeting – Expansion of the Senior Center - Wednesday, November 4, 2009, 7-8, Albany Senior Center, 846 Masonic Avenue.

9-1 Community Meeting

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.