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, December 6, 2010.

Staff recommendation: Approve

4-2. a. Ratification of City of Albany net payroll in the amount of $189,331.19; taxes, benefits & withholdings in the amount of $248,575.97. Total payroll in the amount of $437,907.16. Payroll period: 12/17/10; $207,112.68; taxes, benefits & withholdings in the amount of $156,236.44. Total payroll in the amount of $363,349.12. Period: 12/31/10.
b. Ratification of Albany Municipal Services JPA net payroll in the amount of $49,580.07; taxes, benefits & withholdings in the amount of $60,695.92. Total payroll in the amount of $110,275.99. Payroll period: 12/17/10. 58.216.05; taxes, benefits & withholdings in the amount of $40,045.51. Total payroll in the amount of $98,261.56.

Staff recommendation: Ratify.

4-3. Ratification of bills, claims and demands against the City of Albany in the amount of $604.70. Period: 11/22/10; $288,813.20. Period: 11/24/10. $35,436.55. Period: 12/01/10. $211,035.03. Period: 12/10.10. JPA: $1,037.80. Period: 12/10/10.

4-4. a. Mayor Javandel appointments: Peter Goodman & Susan Adame, Arts Committee; Jeri Holan, Charter Review; Steven Schwartzberg, Civil Service; Clay Larson, Community Media Access; Linda Yamamoto, Library; Judy Kerr, Social & Economic Justice Commission; Janet Smith-Heimer, Sustainability; Lubov Mazur, Traffic & Safety; Brian Parsley, Waterfront.
b. Council Member Thomsen appointments: Peggy McQuaid, Arts Committee; Caryl O’Keefe, Charter Review; Jack Rosano, Civil Service; Naomi Sigal, Community Media Access; Sarah Whitmer, Library; Gary Class, Parks & Recreation; Del Price, Sustainability; Ruth Ganong, SEJC; Ray Anderson, Traffic & Safety; Francesco Papalia, Waterfront.
c. Council Member Lieber appointing Eddy So , Parks & Recreation Commission.
d. Council Member Atkinson appointments: Sheryl Black, Arts Committee; John Bailes, Charter Review; Kaz Mori, Civil Service; Ellen Toomey, Community Media Access; Rosalie Gonzales, Library; Steve Granholm, Waterfront.

Staff recommendation: Information.

4-5. Ratification of Planning & Zoning Commissioners:
a. Mayor Javandel, David Arkin.
b. Council Member Thomsen, Phil Moss.

Staff recommendation: Ratify.

4-6. Modification of inter-fund transfer schedule for 2009/10.

4-6A Staff Report
4-6B Interfund Transfer Schedule

Staff recommendation: Approve the updated schedule of inter-fund transfers.

4-7. Resolution No. 2011-1 – A Resolution of the Albany City Council Authorizing the City of Albany Fire Department to Contract with Fire Recovery USA for the Collections of Fire Engine Response Fees.

4-7 Reso 2011-1

Staff recommendation: Approve.

4-8. Ratification of pension payments in the amount of $116,601.51 for the month of December, 2010.

Staff recommendation: Ratify.

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 the American Red Cross – Blood Donor Month.

6-1 Proclamation

6-2. Appeal of the Planning & Zoning Commission Action denying an application for a Conditional Use Permit to allow operation of a Medical Marijuana Dispensary at 1019 Solano Avenue.

6-2A Staff Report
6-2B Att 1 P&Z NOA
6-2C Att 2 Draft Minutes 101210
6-2D Att 3 Business Plan
6-2E Att 4 Background Investigation Correspondence
6-2F Att 5 Appeal
6-2G Att 6 P&Z Code Medical Marijuana
6-2H Att 7 CA AG Med Marijuana Guidelines
6-2I Att 8 League of CA Cities
6-2J Att 9 US Atty General Correspondence
6-2K Att 10 Robert Raich Letter
6-2L Att 11 YMCA Youth Programs & Guide
6-2M Att 12 Draft Findings for Approval
6-2N Att 13 Draft Conditions of Approval
6-2O Att 14 General Plan Land Use Map
6-2P Att 15 Current Correspondence
6-2Q Att 16 Previous Correspondence to P

Information Previously from P&Z Meeting held October 12, 2010:

Complete P&Z Document for P&Z Mtg 101210

Planning & Zoning Commission action: The Commission voted 3-0 to deny the application based on the YMCA at 921 Kains Avenue being a youth-oriented facility and the number of children that walk by the proposed dispensary location on their way to and from school.

7. UNFINISHED BUSINESS

8. NEW BUSINESS

8-1. City Council appointments to regional and local bodies.

8-1A Staff Report
8-1B Appointments for County Regional Bodies 2010

Staff recommendation: Confirm any changes in appointments to regional commissions, committees and boards.

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 Monday, January 17 in observance of the Martin Luther King, Jr. holiday. Therefore, the regular scheduled Council meeting is scheduled for Tuesday, January 18, 2011.

10. ADJOURNMENT

10-1. Adjourn in memory of Catherine Kerr, founder of Save the Bay, the first organization devoted exclusively to protecting the San Francisco Bay.

(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.