Approved Minutes

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, October 19 & November 2, 2009.

Staff recommendation: Approve.

4-2. a. Ratification of City of Albany net payroll in the amount of $189,668.19; taxes, benefits & withholdings in the amount of $146,502.00. Total payroll in the amount of $336,170.19.Payroll period: 11/06/09.
b. Ratification of Albany Municipal Services JPA net payroll in the amount of $53,728.12; taxes, benefits & withholdings in the amount of $38,976.92. Total payroll in the amount of $92,705.04. Payroll period: 1106/09.

Staff recommendation: Ratify.

4-3. Ratification of bills, claims and demands against the City of Albany in the amount of $232,707.41. Period: 10/16/09; $405,620.01. Period: 10/30/09. $32,645.81. Period: 11/01/09.

Staff recommendation: Ratify.

4-4. Consideration of Claims.

a. Shelton v. City of Albany; Claim #AL598
b. Lezemizadeh v. City of Albany; Claim #AL607

Item 4-4a; staff report
Item 4-4b; staff report

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

4-5. Appointment to the Berkeley/Albany Mental Health Commission.

Item 4-5; staff report
Item 4-5a; Letter to City of Berkeley

Staff recommendation: Reaffirm the nomination of Council Member Wile to the Berkeley/Albany Mental Health Commission, effective March, 2010.

4-6. Appointment to the Alameda County Housing Authority.

Item 4-6; staff report

Staff recommendation: Announce vacancy and schedule Council appointment for the December 7, 2009 meeting.

4-7. Request to file a Petition for Review of San Francisco Bay Regional Water Quality Control Board’s Approval of Order R2-2009-0074 (Municipal Regional Permit for Storm water) to the State Water Resources Control Board.

Item 4-7; staff report
Item 4-7a; Petition

Staff recommendation: Authorizing filing a Petition to Review of the Municipal Regional (Storm water) Permit to the California State Water Resources Control Board, held in abeyance pending the Regional Water Quality Control Board agreement to further negotiate the terms of the permit.

4-8. Resolution No. 09-48 – A Resolution of the Albany City Council Accepting Improvements and Directing the Filing of the Notice of Completion for Contract No. C09-03, Albany Pre-School Seismic Improvements – Project P29.

Item 4-8; staff report
Item 4-8a; Resolution
Item 4-8b; Notice of Completion

Staff recommendation: Approve Resolution No. 09-48.

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 by Dr. Betty Inclan, Berkeley City College, on new initiatives, community partnerships that came about as the result of several new grants and about final build-out of the college’s 2050 Center Street campus.

6-2. Albany Historical Society presenting the City with a Time Capsule and historical plaques.

Item 6-2; staff report
Item 6-2a; Forms

Staff recommendation: Accept the Time Capsule and Historical Plaques from the Albany Historical Society.

7. UNFINISHED BUSINESS

7-1. East Bay Regional Park District – Measure WW: 1) $27 million – Eastshore State Park. 2) $12.3 million – Bay Trail.

Item 7-1; staff report
Item 7-1a; Project List
Item 7-1b;Extention Project List
Item 7-1c; Eastshore State Park
Item 7-1d; Salt Marsh Expansion
Item 7-1e; Bay Trail
Item 7-1f; Shoreline Improvements

Waterfront Committee recommendations: Recommendations to be forwarded to the East Bay Park District: 1) Eastshore State Park – proposed projects for expansion, restoration and development projects ($27 million from Measure WW): a) Prepare a project area plan and implement plan for Albany Plateau; and prepare a project area plan and implement plan for Albany Neck and Bulb. b) Expand the Albany salt marsh. c) Sell the City-owned Bulb to the State of California in “as is” condition. 2) Bay Trail – ($12.3 million): a) Permanent Bay Trail – acquire land or easement and construct the Bay Trail extension through Golden Gate Fields property (construct interim Bay Trail if permanent trail is not possible at this time).

Staff recommendation: When forwarding the recommendations, advise the East Bay Regional Parks District that there may be ideas that emerge out of the Voices to Vision waterfront planning process for expansion, restoration, and/or development for the Albany portion of Eastshore State Park and/or ideas for the project area plans when the process concludes in early spring, 2010.

7-2. Monthly Progress Report: October, 2009 Civic Center.

Item 7-2; staff report
Item 7-2a; budget Update

Staff recommendation: 1) Receive monthly progress report. 2) Authority City Administrator to enter into contract with Raney Unlimited for Police/Fire Department relocation activities in an amount not to exceed $50,000.

7-3. Organizational Study of the City of Albany by Citygate Associates.

Item 7-3; staff report
Item 7-3a; Citygate Final Organizational Study

Staff recommendation: Refer the study to staff for further analysis and report back on policy issues as described in this report, for incorporation into the 2010-10 Council goal setting and budget planning, and for implementation of administrative recommendations in support of Council policy direction.

8. NEW BUSINESS

8-1. Letter from Pacific Environment to Governor Schwarzenegger regarding fuel transfer regulations.

Item 8-1; Letter to Governor

Council Member Wile recommendation: Authorize the Mayor to sign the letter on behalf of the City.

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. City Offices will be closed on Thursday, November 26 & Friday, November 27, 2009, in observance of Thanksgiving.

10. ADJOURNMENT

10-1. Adjourn with a moment of silence in memory of Jesse Chow-Smith, Albany High School student. A celebration of Jesse’s life will be held on Thursday, November 19, 5:30-7:00, Albany High School Multi Purpose Room.

(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.