CITY COUNCIL AGENDA
COMMUNITY CENTER, MAIN HALL
1249 MARIN AVENUE
MONDAY, DECEMBER 7, 2009

6:45 p.m.

CLOSED SESSION

OPPORTUNITY FOR THE PUBLIC TO SPEAK ON CLOSED SESSION ITEMS

City Council convenes in the Council Chamber and then adjourns to Closed Session to discuss real property pursuant to Government Code Section 54956.8:

Property: Proposed Pierce Street Park, located across from 737 Pierce Street.
Negotiating Parties: Caltrans, on behalf of the State; City Administrator & City Attorney, on behalf of the City.

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. PROCLAMATION

4-1. Proclamation honoring Edward “Pete” Dowling on his 90th Birthday.

5. COUNCIL REORGANIZATION

5-1. Reorganization of City Council.
a. Election of Mayor
b. Election of Vice-Mayor

6. 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.)

6-1. Minutes, November 16, 2009.

Staff recommendation: Approve.

6-2. a. Ratification of City of Albany net payroll in the amount of $210,815.17; taxes, benefits & withholdings in the amount of $245,399.41. Total payroll in the amount of $ 456,214.58. Payroll period: 11/20/09.
b. Ratification of Albany Municipal Services JPA net payroll in the amount of $54,928.11; taxes, benefits & withholdings in the amount of $58,138.53. Total payroll in the amount of $113,066.64. Payroll period: 11/20/09.

Staff recommendation: Ratify.

6-3. Police & Fire Pension Payments for the month of November, 2009 in the amount of $116,251.36.

Staff recommendation: Ratify.

6-4. Inter-fund Transfers.

6-4A Staff Report
6-4B Final Fund Transfers

Staff recommendation: Approve the updated schedule of inter-fund transfers for the fiscal year 2008-09.

6-5. Contract for services to move the Police & Fire Departments back into the permanent stations.

6-5 Staff Report


Staff recommendation: Authorize the City Administrator to request proposals for moving services for the Police and Fire Departments and enter into a contract in an amount not to exceed $45,000.

6-6. Agreement with the Albany Unified School District for transfer of the temporary Fire Department modular buildings.

6-6 Staff Report

Staff recommendation: Authorize the City Administrator to negotiate and execute an agreement with the Albany Unified School District for transfer of the temporary Fire Department modular buildings.

6-7. Resolution No. 09-49 – A Resolution of the Albany City Council Approving the Grant Application for the Statewide Park Development and Community Revitalization Program for the Senior Center and Community Garden Expansion Project.

6-7A Staff Report
6-7B Reso 09-49

Staff recommendation: Approve Resolution No. 09-49.

6-8. Resolution No. 09-50 – A Resolution of the Albany City Council Authorizing the City Administrator to Execute the State Program Supplement No. G37 (Exhibit B) for the implementation of the State Safe Routes to School Program (SR2S) Project at Marin Elementary School.

6-8A Staff Report
6-8B Reso 09-50
6-8C Program Supplement
6-8D Marin Elementary Improvements



Staff recommendation: Approve Resolution No. 09-50.

6-9. Resolution No. 09-51 – A Resolution of the Albany City Council Authorizing the City Administrator to Enter into a Consultant Services Agreement with AECOM in the amount of $39,585 for the Design of a New Traffic Signal and Pedestrian Enhancements at the Intersection of Marin Avenue and Santa Fe Avenue and Waiving the Requirement to Obtain Multiple Proposals for this Project.

6-9A Staff Report
6-9B Reso 09-51
6-9C Proposal

Staff recommendation: Approve Resolution No. 09-51.

6-10. 2008 Sewer Project – East Albany Hill.

6-10A Staff Report
6-10B Reso 09-52
6-10C 844 Washington Ave.
6-10D Reso 09-53
6-10E 828 Polk Street
6-10F Reso 09-54
6-10G 832 Polk Street
6-10H Reso 09-55
6-10I 846 Washington Avenue
6-10J Reso 09-56
6-10K 631 Jackson Street
6-10L Reso 09-57
6-10M 921 Cerrito Street

Staff recommendation: Approve the following Resolutions Approving Grants of Easements for Public Sanitary Sewers on the East Side of Albany Hill: 1) Resolution No. 09-52 – 844 Washington Avenue; 2) Resolution No. 09-53 – 828 Polk Street; 3) Resolution No. 09-54 – 832 Polk Street; 4) Resolution No. 09-55 – 846 Washington Avenue; 5) Resolution No. 09-56 – 631 Jackson; 6) Resolution No. 09-57 – 921 Cerrito Avenue.

6-11. Resolution No. 09-61 – A Resolution of the Albany City Council Supporting the 2010 Census.

6-11A Staff Report
6-11B Reso 09-61

Staff recommendation: Approve Resolution No. 09-61.

6-12. Contract with Design Community and Environment for the environmental review of the Housing Element and the proposed new Safeway Store at 1500 Solano Avenue.

6-12A Staff Report
6-12B Attachment

Staff recommendation: Authorize the City Administrator to enter into a Professional Services Contract with Design Community and Environment (DCE).

7. 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.

8. PRESENTATION/PUBLIC HEARING

8-1. Fern Tiger Associates update on the Voices to Vision waterfront planning and announcement of community workshops on Saturday, January 9 and Sunday January 10, 2010.

9. UNFINISHED BUSINESS

9-1. Ordinance No. 09-017 – An Ordinance of the Albany City Council Adding Regulations for Impounded Unaltered Dogs and Cats to Chapter 10 of the Albany Municipal Code. First Reading – waiving reading of entire Ordinance.

9-1A Staff Report R
9-1B Ord 09-017 R
9-1C Albany Stats

Staff recommendation: Approve for First Reading Ordinance No. 09-017.

9-2. Appointment to the Alameda County Housing Authority.

9-2 Staff Report

Staff recommendation: Appoint a representative to the Alameda County Housing Commission for a four-year term beginning January 1, 2010 and ending on December 21, 2014.

10. NEW BUSINESS

10-1. Energy Conservation Programs.

a. LED Street Light Replacement Project.

10.1.a.A Staff Report
10.1.a.B PG & E Proposal
10.1.a.C Reso 09-59
10.1.a.D Reso 09-60
10.1.a.E Estlimated Amount

Staff recommendation: Authorize staff to: 1) Execute an agreement with PG&E to conduct a Citywide LED street light replacement project. 2) Approve Resolution No. 09-59 – A Resolution of the Albany City Council Authorizing Submittal of an Application to the California Energy Commission’s Energy Efficient Block Grant Program for Funds to Execute an LED Street Light Replacement Project. 3) Approve Resolution No. 09-60 – A Resolution of the Albany City Council Authorizing Submittal of an Application to the California Energy Commission for 1% Low Interest Energy Efficiency Loan to Execute an LED Street Light Replacement Project.

b. Participation as a Member Agency in the CaliforniaFIRST Municipal Financing Program.

10-1.b.A Staff Report
10-1.b.B Reso 09-58
10.1.b.C Reso Declaring Intention
10-1.b.D Program Report
10-1.b.E Agreement
10-1.b.F Set Up Fees

Staff recommendation: 1) Approve Resolution No. 09-58 – A Resolution of the Albany City Council Authorizing the City of Albany to Join the CaliforniaFirst Program; Authorizing the California Statewide Communities Development Authority to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual Assessments within the Territory of the City; and Authorizing Related Actions. 2) An allocation of $10,000 from Council discretionary funds for program set-up costs should a grant be award to cover these expenses not be received.

10-2. Gilman Sports Fields Joint Powers Agreement:

Request for $9,984 as a pro rata share of the funding gap to complete Phase II of the project.

Phase II - A

10-2A Staff Report
10-2B Cost Estlimates & Alternatives
10-2C Funds

Staff recommendation: Commit up to $9,984 to Phase II-A of the Gilman Sports Fields/Tom Bates Regional Sports Complex from the $85,962 previously conditionally pledged for Phase II-B, subject to the other four cities in the Joint Powers Agreement contributing their pro rata share.

10-3. Proposed Utility Undergrounding Project along Buchanan Street/Marin Avenue.

10-3A Staff Report
10-3B PG & E Letter
10-3C Vicinity Map
10-3D Boundary Map

Staff recommendation: Direct the Traffic & Safety Commission and City staff to proceed in meeting with residents and property owners about the proposed creation of an Underground District along Buchanan Street/Marin Avenue between Cleveland and Masonic Avenues.

10-4. Charter Amendment changing the title of the City Administrator to City Manager.

10-4 Staff Report

Council Member Wile recommendation: Refer to the Charter Review Committee, for a report to list the pros and cons of a change to the City Council with a timeline of three months.

11. 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).

11-1. Announce vacancy on the Alameda County Transportation Improvement Authority Para transit Advisory Planning Committee.

11-1 Letter

11-2. Cancellation of regular City Council meetings of December 21, 2009 and January 4, 2010.

11-3. There will be a Special Meeting of the City Council on Monday, January 4, 2010, 7:30 p.m. to conduct a workshop on the City’s Draft Climate Action Plan.

11-4. City Offices will be closed on Friday, December 11th & Monday, December 14th, for Administration, Finance & Community Development to move back to City Hall.

11-5. City Offices will be closed on Thursday, December 24th at 12:30 p.m. Friday, December 25th, Thursday, December 31st, 12:30 p.m. and Friday, January 1, 2010, in observance of Christmas and New Year.

12. 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.