7:00 p.m.

CITY COUNCIL CLOSED SESSION

Call to order

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 the following:

CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Two cases)

Planning Application #10-027. Appeal of Planning and Zoning Commission action related to application for wireless antenna at 1100 Eastshore Highway (Golden Gate Fields). Applicant: Crown Castle for Verizon Wireless

Planning Application #09-031. City Council call for review of Planning and Zoning Commission action related to application for wireless antenna at 423 San Pablo Avenue. Applicant: Crown Castle for Verizon Wireless

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 $229,259.45; taxes, benefits & withholdings in the amount of $192,425.49. Total payroll in the amount of $421,684.94 .Payroll period: 12/3/2010.

b. Ratification of Albany Municipal Services JPA net payroll in the amount of $58,216.05; taxes, benefits & withholdings in the amount of $44,072.30. Total payroll in the amount of $102,288.35. Payroll period: 12/3/2010.

Staff recommendation: Ratify.

4-2. a. Mayor Wile appointments: Anne Goess, Arts Committee; Preston Jordan, Charter Review Committee; Karen Leeburg, Library Board; Heather Cunningham, Park & Recreation Commission; Ruth Cashmere, Social & Economic Justice Commission; Ken McCroskey Wait, Traffic & Safety Commission; Kathy Diehl, Waterfront Committee.

b. Council Member Lieber appointments: Michael Wallace, Charter Review Committee; Robert Cheasty, Civil Service Board; Jack Kenny, Community Media Access Committee; John Miki, Traffic & Safety Commission; Bill Dann, Waterfront Committee.

Staff recommendation: Information.

4-3. Ratification of Planning & Zoning Commissioner: Council Member Lieber, Leo Panian; Mayor Wile, Peter Maass.

Staff recommendation: Ratify.

4-4. Resolution No. 2010-64 – A Resolution of Intention to Approve Park Hours for Jewel’s Terrace Park, Ocean View Park and the Dartmouth Tot Lot.

4-4A Staff Report
4-4B Reso 2010-64

Staff recommendation: Approve.

4-5. Buchanan/Jackson traffic signal & intersection safety improvements at Ocean View School.

4-5A Staff Report
4-5B AECOM Plan
4-5C Enlarged Intersection Improvement Plans
4-5D Engineer's Estimate
4-5E Aerial Photo

Staff recommendation: 1) Approve 100% construction plans for the Buchanan/Jackson Traffic Signal & Intersection Safety Improvements at Ocean View School. 2) Authorize the City Clerk to advertise for bids (Contract #10-22), contingent upon receipt of, and Council acceptance of, the offer of dedication and temporary construction easement (TCE) from the University of California.

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. Appeal of Planning and Zoning Commission Decision Regarding Wireless Antenna at 1100 Eastshore Avenue.

6-1A Staff Report
6-1B P&Z Staff Report
6-1C P&Z Minutes
6-1D Appeal
6-1E Telecommunications Act
6-2E Wireless Comm Muni Code
6-1G Att 6&7 Findings & COA


Planning & Zoning action: Denial of the conditional use permit and design review applications based on the findings that the wireless communications facility use is not allowed in the Waterfront district and the proposed work is an expansion of facilities, not routine maintenance.

Staff recommendation: In the alternative, reverse the action of the Planning and Zoning Commission and find that wireless facility located at 1100 Eastshore Avenue is a permitted use in the Waterfront district at this specific location, and grant a conditional use permit for the proposed modifications to the existing facility.

6-2. Call for Review of the Planning & Zoning Commission Action on Replacement of Four Existing Wireless Communication Antennas Enclosures with New Antenna Enclosures Located on an Existing Monopole at 423 San Pablo Avenue.

6-2A Staff Report
6-2B P&Z Staff Report
6-2C P&Z Minutes
6-2D Telecommunications Act
6-2E Wireless Comm Muni Code
6-2F Legal Counsel Letter
6-2G Correspondence


Planning & Zoning Commission action: Authorize staff to approve ministerial permits associated with the replacement of the antennas as a maintenance activity.


Staff recommendation: In the alternative, make a determination that the application is an upgrade in facilities, and return the matter to the Planning and Zoning Commission for a Conditional Use Permit, including a full analysis of whether alternative solutions are feasible.


7. UNFINISHED BUSINESS

8. NEW BUSINESS

9. REORGANIZATION

9-1. a. Election of Mayor
b. Election of Vice-Mayor

10. 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).

10-1. Council Meeting schedule for January: Special meeting, Monday, January 10th; Regular meeting, Tuesday, January 18, 2011. The regular meeting of January 3rd has been cancelled.

10-2. Commission/Committee training: Monday, January 31, 6:30-8:30 p.m., Council Chamber, 1000 San Pablo Avenue, Albany.

11. 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 ambience, responding to the needs of a diverse community, and providing a safe, healthy and sustainable environment.

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, 1000 San Pablo Avenue, Albany, CA 94706.