Approved Minutes

6:30 PM

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) Conference with legal counsel – Anticipated litigation. Significant exposure to litigation pursuant to Section 54956.9(b) (One case): Planning Application #11-004. Appeal of the Planning and Zoning Commission’s Decision to Deny the Application for Design Review and Conditional Use Permit for a Wireless Antenna at 423 San Pablo. Applicant: Crown Castle for Verizon Wireless

2) Employment and Appointment of a Public Employee pursuant to Government Code Section 54957.7 – Recruitment and selection of City Attorney

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, September 6, 2011

Staff recommendation: Approve

4-2. a. Ratification of bills, claims and demands against the City of Albany in the amount of: $1,072,011.35 ( 7/22/11 ), $464,087.85 ( 8/1/11 ), $149,519.85 (8/5/11 ), $220,241.66 ( 8/5/11 ), $30,308.73 ( 8/19/11 ), $625,214.93 ( 8/19/11 ), $18,479.37 ( 9/1/11 ), $54,896.97 ( 9/2/11 ), $1,264,911.43 ( 9/2/11 )

b. Ratification of bills, claims and demands against the Joint Powers Authority in the amount of: $240.00 ( 7/22/11 )

Staff recommendation: Ratify

4-3. Ratification of Police & Fire Pension Plan payments in the amount of $118,755.60 for the month of August, 2011.

Staff recommendation: Ratify.

4-4. Ordinance No. 2011-03, an Ordinance of the City Council of the City of Albany enacted pursuant to Health and Safety Code Section 34193 to elect and implement participation by the City of Albany and the Albany Community Reinvestment Agency in the Alternative Voluntary Redevelopment Program pursuant to Part 1.9 of the California Community Redevelopment Law (ABx1 27, the Voluntary Program Act). – Second Reading

4-4A Staff Report
4-4B Ord 2011-03

Staff recommendation: Pass to Print

4-5. A rendering of the quarterly Cash and Investments Treasury Report of the city of Albany as of June 30, 2011, as required by Section 53646 of the California Government Code.

4-5 Staff Report & Attachments

Note and file – for information only

4-6. Contract for New Recreation & Community Services Software

4-6A Staff Report
4-6B Quote

Staff recommendation: That Council Authorize the City Manager to enter into a contract with Vermont Systems for new registration and facility reservation software for the Recreation & Community Services Department.

4-7. Resolution No. 2011-43 – of the City Council of the City of Albany approving and Authorizing the Execution of the Agency Transfer payment agreement with the Albany Community Reinvestment Agency Pursuant to Part 1.9 of the Redevelopment Law.

4-7A Staff Report
4-7B Reso 2011-43

Staff recommendation: Approve Resolution No. 2011-43

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. Proclamation Supporting Alameda County Libraries’ Banned Books Week 2011 Celebration in the City of Albany

6-1 Proclamation

6-2. Appeal of the Planning and Zoning Commission’s Decision to Deny the Application for Design Review and Conditional Use Permit for a Wireless Antenna at 423 San Pablo

6-2A Staff Report
6-2B Att 1 Application
6-2C Att 2 Correspondence
6-2D Att 3 P & Z Staff Report
6-2E Att 4 Excerpt P & Z Minutes
6-2F Att 5 Excerpt Telecommunications Act
6-2G Att 6 Muni Code
6-2H Att 7 Appeal
6-2I Att 8 PowerPoint Presentation

Staff recommendation: That the City Council uphold the decision of the Planning and Zoning Commission and deny the application for Design Review and Conditional Use Permit for a Wireless Antenna at 423 San Pablo, based on the recommended findings.

7. UNFINISHED BUSINESS

7-1. Resolution No. 2011-47 - 2011 Pavement Rehabilitation Project

7-1A Staff Report
7-1B Reso 2011-47

Staff recommendation: Adopt Resolution No., 2011-47 awarding Contract No. C11-12, 2011 Pavement Rehabilitation Project to MCK Services, Inc. in the amount of $529,507.60 and authorizing staff to negotiate a change order for the construction of Speed Humps in the 800 and 900 block of Carmel Street, and either one or two speed humps on the 950 block of Ordway.

7-2. Update on upcoming BART seismic retrofit construction

7-2 Staff Report

Staff recommendation: That Council receive information regarding the BART construction project scheduled to commence October 2011.

7-3. Progress report on Voices to Vision 2 community information and engagement process on the proposal for the Golden Gate Fields property to be the site of the second campus of the Lawrence Berkeley National Laboratory.

7-3A Staff Report
7-3B Letter to LBNL Director 09 09 11
7-3C Letter to Stronach Group 09 14 11
7-3D V2V Update 09 13 11

Staff recommendation: 1) Receive progress report from Fern Tiger Associates; 2) Receive and file correspondence from City Manager; 3) Approve next steps in the community information and engagement process, including formation of a task force, subject to reimbursement by the property owner.

7-4. Council to discuss Charter Review Committee (CRC) proposal to review options for electing local officials and provide guidance and timeline to CRC for preparing recommendations to Council. Councilmember Lieber has suggested this could include methods for using the public’s election of Council members as a mechanism for selection of Mayor and Vice Mayor every two years.

7-4A Staff Report
7-4B Review Initiation

7-5. Ordinance #2011-04 to amend the contract between the City of Albany and the California Public Employees’ Retirement System to provide the “Different Level of Benefits” Provision (§20475) for local miscellaneous members – First Reading

7-5A Staff Report
7-5B Ord 2011-24
7-5C Cotract Pages

Staff recommendation: Introduce Ordinance No. 2011-o4, an ordinance of the Albany City Council authorizing an amendment to the contract between the City of Albany and the Board of Administration of the California Public Employees’ Retirement System, to provide a lower, second-tier of benefits for new employees – First Reading. The final ordinance will be on the October 17, 2011 City Council Agenda.

8. NEW BUSINESS

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).

10. ADJOURNMENT – Council Adjourns to Albany Community Reinvestment Agency Meeting – see separate agenda

(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.