6:00 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 items. There will be another closed session following New Business and prior to Public Hearings.

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

2) Labor Negotiations pursuant to Government Code Section 59457.6

Agency Negotiator: City Manager & Glenn Berkheimer, IEDA
Employee Organizations: Albany Fire Fighters’ Association

NOTE: , ITEM NO. 12-1  TO BE CONTINUED AT A LATER DATE.

7:30 PM

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 19, 2011.

Staff recommendation: Approve

4-2. a. Ratification of City of Albany net payroll in the amount of $ 205,647.61; taxes, benefits & withholdings in the amount of $ 196,802.92. Total payroll in the amount of $ 402,450.53. Payroll period: 9/9/2011

b. Ratification of Albany Municipal Services JPA net payroll in the amount of $ 67,009.93; taxes, benefits & withholdings in the amount of $ 52,519.70. Total payroll in the amount of $ 119,529.63. Payroll period: 9/9/2011

c. Ratification of City of Albany net payroll in the amount of $ 217,540.48; taxes, benefits & withholdings in the amount of $ 292,103.99. Total payroll in the amount of $ 509,644.47 . Payroll period: 9/23/2011

d. Ratification of Albany Municipal Services JPA net payroll in the amount of $ 45,795.20; taxes, benefits & withholdings in the amount of $ 52,514.10. Total payroll in the amount of $ 98,309.30. Payroll period: 9/23/2011

Staff recommendation: Ratify.

4-3. a. Ratification of bills, claims and demands against the City of Albany in the amount of: $373,607.57 ( 7/22/11 ), $385,362.02 ( 9/16/11 )

b. Ratification of bills, claims and demands against the Joint Powers Authority in the amount of: $250.00 ( 9/16/11 )

Staff recommendation: Ratify

4-4. Alameda County Emergency Medical Services FRALS contract renewal

4-4A Staff Report
4-4B FRALS Contract
4-4C Letter to EMS District
4-4D Letter from EMS district

Staff recommendation: Approve the contract which allows the Alameda County Emergency Medical Services (EMS) & the City of Albany Fire Department to maintain a working First Responder Advance Life Support (FRALS) agreement.

5. ORDINANCES

5-1. Ordinance No 2011-05 Amendments to the Fire Prevention Chapter of the Municipal Code related to Self-Closing Doors in Residential Structures.

5-1A Staff Report
5-1B Ord 2011-05

Staff recommendation: That the City Council approve for first reading Ordinance No. 2011-05 “Amendments to the Fire Prevention Chapter of the Municipal Code related to Self-Closing Doors in Residential Structures”, which requires that exterior doors in existing multi-family residential buildings that open to an exit access be self-closing.

6. 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.

7. PRESENTATIONS

7-1. Assembly Member Nancy Skinner Presentation of Resolution of Commendation to Ann Chaney for her service as Community Development Director.

8. UNFINISHED BUSINESS

8-1 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.

8-1A Staff Memo
8-1B Review Initiation

8-2. Update regarding status of negotiations with Waste Management of Alameda County and request to initiate a competitive solicitation process for collection, processing and disposal of solid waste, recycling and organics materials.

8-2A Staff Report
8-2B Proposal

Staff recommendations: That the Council:
1) Receive an update regarding status of negotiations with Waste Management of Alameda County for a renewed franchise agreement.
2) Authorize staff to utilize the remaining two 1-year extensions of the existing franchise agreement with Waste Management of Alameda County Inc. as necessary.
3) Authorize staff to initiate a competitive solicitation process for a new franchise agreement.
4) Approve a contract amendment with R3 Consulting to provide technical assistance throughout the competitive bid and negotiation process including development of a franchise agreement for collection, processing, and disposal of solid waste, recycling and organic materials.

9. NEW BUSINESS

9-1. A Resolution of the Albany City Council Approving the Application For Grant Funds for the California River Parkways 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.

9-1A Staff Report
9-1B Reso 2011-48
9-1C Attachment

Staff recommendation: Approve Resolution No. 2011-48.


10. OPPORTUNITY FOR THE PUBLIC TO SPEAK ON CLOSED SESSION ITEM PRIOR TO COUNCIL ADJOURNING TO CLOSED SESSION ON THE FOLLOWING:

10-1. 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


11. RECONVENE TO OPEN SESSION AND REPORT ON ACTION TAKEN IN CLOSED SESSION, IF ANY

12. PUBLIC HEARINGS

NOTE:   ITEM NO. 12-1  TO BE CONTINUED AT A LATER DATE.

Informational Update: Staff will be recommending that the City Council not take action on the appeal in order to provide the applicant and the City more time to prepare and review the City Council’s request for detailed background information on the applicant’s RF engineer’s presentation at the September 19, 2011 City Council meeting.


12-1. 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

12-1A Staff Report
12-1B Appeal Presentation from 09 19 11 Mtg
12-1C Binder of 09 19 11 Documents

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.

13. 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).

14. 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.