City of Albany, CA
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City Council Meeting
- Date: 11/07/2011 7:30 PM - 11:45 PM
- Location: Council Chambers, City Hall
1000 San Pablo Avenue
Albany, California 94706
Approved Minutes
5:00 p.m.
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 items:
Employment and Appointment of a Public Employee pursuant to Government Code Section 54957.7 – Recruitment and selection of City Attorney.
Conference with Legal Counsel, City Attorney, pursuant to Government Code Section 549569 (Subdivision (a) of Section 549569) regarding pending litigation: VitalGen Cooperative, Inc. Brett Van Den Akker and Erik Van Den Akker vs. City of Albany, Case #RG11571558 & Case #11571312
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, October 17, 2011
Staff recommendation: Approve
4-2. a. Ratification of City of Albany net payroll in the amount of $ 195,975.02; taxes, benefits & withholdings in the amount of $ 171,786.09. Total payroll in the amount of $ 367,761.11. Payroll period: 10/7/2011
b. Ratification of Albany Municipal Services JPA net payroll in the amount of $47,069.18; taxes, benefits & withholdings in the amount of $ 33,112.04. Total payroll in the amount of $ 80,181.22. Payroll period: 10/7/2011
c. Ratification of City of Albany net payroll in the amount of $ 206,139.68; taxes, benefits & withholdings in the amount of $282,963.39. Total payroll in the amount of $ 489,103.07. Payroll period: 10/21/2011
b. Ratification of Albany Municipal Services JPA net payroll in the amount of $50,078.26; taxes, benefits & withholdings in the amount of $ 53,731.50. Total payroll in the amount of $ 103,809.76. Payroll period: 10/21/2011
Staff recommendation: Ratify.
4-3. a. Ratification of bills, claims and demands against the City of Albany in the amount of: $492,502.04 (9/30/2011), $18,479.37 (10/1/2011), $350,491.68 (10/14/2011), $645,890.43 ( 10/28/11 ), $18,479.37 ( 11/1/11 )
b. Ratification of bills, claims and demands against the Joint Powers Authority of Albany in the amount of: $100.00 (10/14/2011)
Staff recommendation: Ratify
4-4. Ratification of Police & Fire Pension payments in the amount of $118,697.48 for the month of October, 2011.
Staff recommendation: Ratify.
4-5. A resolution of the Albany City Council Approving the Application For Grant Funds for the Urban Greening Grant Program Under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) For the Codornices Creek/San Pablo Avenue Gateway Project.
4-5A Staff Report
4-5B Reso 2011-55
4-5C Map
Staff recommendation: That the City Council approve Resolution No. 2011-55.
4-6. Memorandum of Understanding between City of Albany and Albany Fire Fighters’ Association (AFFA)
4-6A Staff Report
4-6B Reso 2011-54
4-6C AFFA MOU 2011- Summary
Full Script Document: AFFA MOU 2012
Staff recommendation: Approve Resolution No. 2011-54 – A Resolution of the City Council of City of Albany Approving the Memorandum of Understanding between City of Albany and Albany Fire Fighters’ Association (AFFA)
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 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 Appeal
6-1A Staff Report
6-1B Att 1 Application
6-1C Att 2 Correspondence
6-1D Att 3 P&Z Staff Report
6-1E Att 4 Excerpt P&Z Minutes
6-1F Att 5 Staff Report
6-1G Att 6 City Council Minutes
6-1H Att 7 Excerpt Telecommunications Act
6-1I Att 8 Muni Code
6-1J Att 9 Appeal
6-1K Att 10 July 26 Presentation
6-1L Att 11 Sep 19 Presentation
6-1M Att 12 Sep 22 Letter
6-1N Att 13 Oct 3 Letter Part 1
6-1O Att 13 Letter Part 2
6-1P Att 14 Letter Part 1
6-1Q Att 14 Letter Part 2
6-1R Att 15 Kramer Report
6-1S Att 16 Correspondence
6-1T Att 17 Reso 2011-56
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 Ave., based on the attached findings.
7. ORDINANCES
7-1. The Albany City Council will consider an Urgency Ordinance which would repeal the City’s existing Medical Marijuana Ordinance. The proposed ordinance would prohibit medical marijuana dispensaries in the City of Albany. The proposed ordinance was prepared as a result of recent case law in California which restricts the City’s ability to impose location and operational restrictions on medical marijuana dispensaries.
7-1A Staff Report
7-1B Ord 2011-08
7-1C Pack Memo
Staff recommendation: That the City Council of the City of Albany waive first reading and adopt Urgency Ordinance 2011-08, prohibiting medical marijuana dispensaries in the City of Albany.
This action would allow the City to preserve the status quo. This item could be revisited at a future time if and when the legal ambiguities are clarified.
• If there are not four (4) votes to enact an urgency ordinance, then the ordinance maybe passed for first reading. This action requires three votes.
• If a ban is enacted, direct staff to report back to the City Council in six months with an informational staff report summarizing any new legal developments affecting medical marijuana dispensaries.
8. UNFINISHED BUSINESS
8.1. Golden Gate Fields/Albany Waterfront Task Force
8-1A Staff Report
8-1B 10 09 11 Meeting Notes
8-1C 09 16 11 Meeting Notes
Staff recommendation: That Council clarify its expectations of the Albany Waterfront Task Force and request an interim report from the Task Force for the special City Council work session of Sunday, December 4, 2011, that contains members’ understandings to date of the strengths, challenges, questions, concerns, and suggested direction associated with the proposal to locate a second campus and other development on the Golden Gate Fields property on the waterfront.
property on the waterfront.
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
(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.
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