Approved Minutes

6:15 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:

1. Real property pursuant to Government Code Section 54956.8

Property: 4.5 acre vacant land adjacent to Cleveland Avenue & Pierce Street.
Negotiating Parties: City Attorney, City Manager and Assistant City Manager on behalf of the City; Caltrans on behalf of owner
Under Negotiations: Terms and conditions of acquisition of property

2. Property: Adjacent to 1150 8th Street, Berkeley
Negotiating Parties: City Attorney, City Manager and Assistant City Manager, on behalf of the City; Cornish and Carey
Commercial Realty, on behalf of owner (USPS)
Under Negotiations: Price and terms of payment for the purchase of
Property to be used as a City Maintenance Center.

3. Conference with Legal Counsel – Anticipated Litigation: Significant exposure to ligitation pursuant to Government Code subdivision (b) of Section 54956.9:

To provide opportunity for City Council to discuss litigation threatened by both the applicants and their attorney, as well as members of the public who are opposed to the approval of an application by Erik & Bret Van Den Akker for permit approval at 1019 Solano Avenue.

7:30 p.m.

CALL TO ORDER

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

City Council Items

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. Ratification of bills, claims and demands against the City of Albany in the amount of $395,459.45. Period: 12/23/10. $17,990.49. Period: 01/01/11. $380,101.35. Period: 01/07/11. JPA $870.61. Period: 12/23/10.

4-2. A rendering of the quarterly Cash and Investments Treasury Report of the City of Albany as of September 30, 2010, as required by Section 53646 of the California Government Code.

4-2A Staff Report
4-2B Treasury Report

Staff recommendation: Note and file; information only.

4-3. Council appointments:
a. Council Member Wile appointments: Megan Jennings, Sustainability; Jackie Fletcher, Community Media Access.
b. Council Member Lieber appointments: Leah Flannigan, Library.
c. Council Member Atkinson appointments: Margie Marks, SEJC; Bernard Knapp, Traffic & Safety Commission.

Staff recommendation: Information only.

4-4. Consideration of Claim #AL634; Monique McNitt v. City of Albany.

4-4 Staff Report 

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

4-5. Nomination from Friends of the Albany Library.

4-5 Staff Report

Friends of the Albany Library recommendation: Appoint Alan Riffer, as their representative on the Albany Library Board.

4-6. Resolution No. 2011-3 – A Resolution of the Albany City Council Requesting that the Alameda County District Attorney Pursue Alternatives to Death Penalty Sentences in Alameda County.

4-6A Staff Report
4-6B Reso 2011-3
4-6C Reso 2010-53


Social & Economic Justice Commission recommendation: Approve.

4-7. Buchanan/Jackson Traffic Signal and Safety Improvements-University of California Offer of Dedication and Agreement for Temporary Construction Easement.

4-7A Staff Report
4-7B Reso 2011-4 & Exhibits
4-7C Reso 2011-5 & Exhibits


Staff recommendation: 1) Approve Resolution No. 2011-4 – A Resolution of the Albany City Council Accepting the Offer of Dedication by the University of California for a Portion of Property to be Used for the Installation of Curb Ramps, a Pedestrian/Bikeway Crosswalk, Above and Underground Traffic Signal Equipment and Facilities Associated with the Buchanan/Jackson Traffic Signal and Safety Improvement Project. 2) Approve Resolution No. 2011-5 – A Resolution of the Albany City Council Approving Agreement with the University of California for a Temporary License to Enter and Construct Improvements Associated with the Buchanan/Jackson Traffic Signal Project (Temporary Construction Easement) Over a Portion of Jackson Street Located within the University of California Village.

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. COUNCIL CORRESPONDENCE

6-1. Governor Brown appointments to head certain State agencies, and opposition to approval of the pesticide methyl iodide.

6-1A Staff Report
6-1B Mel-Lawsuit-Factsheet PANNA

Council Member Lieber recommendation: That Council Authorize the Mayor to send a letter to Governor Brown outlining desired criteria for selecting top officials to head the State’s environmental, agriculture, and pesticide agencies, and to reverse the previous administration’s approval of the pesticide methyl iodide, which has been found to be carcinogenic.

7. UNFINISHED BUSINESS

7-1. 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. Continued from the Council meeting of January 10, 2011.

7-1 Staff Report

Link to Community Development Page for 1019 Solano Information

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.

8. PRESENTATION/PUBLIC HEARING

8-1. Sustainable Communities Strategy – Regional Planning Initiative.

8-1A Staff Report
8-1B Attachments

Staff recommendation: Information only.

9. NEW BUSINESS

9-1. Transition from an elected to an appointed City Attorney

9-1 Staff Report 

Staff recommendation: Appoint a Council subcommittee to work with staff to identify alternatives for a process to recruit and select an appointed City Attorney, and to develop some initial criteria and structure options, for Council discussion and direction.

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. Monday, January 31, 2011, 6:30 – 8:30 p.m., Commission/Committee/Board training, Council Chamber, 1000 San Pablo Avenue.
Albany Municipal Services Joint Power Authority items

1. New Business

1-1. Resolution No. JPA2011-1 – A Resolution of Intention to Approve an
Amendment to the Contract Between the Board of Directors of the Albany Municipal Services Joint Powers Authority and the Board of
Administration of the California Public Employees’ Retirement System. The amendment would provide an early retirement option, pursuant to Section 20903.

JPA 1-1A Staff Report
JPA 1-1B Reso JPA 2011-1
JPA 1-1C PERS Contract


Staff recommendation: Approve.

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 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.