Council Member Robert Lieber may be teleconferencing from 37520 Sawyer Bar Road, Forks of Salmon, CA 96031.*

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. a) Minutes, July 2, 2012

Staff recommendation: Approve

4-2. a. Ratification of City of Albany net payroll in the amount of $ 189,420.29; taxes, benefits & withholdings in the amount of $157,484.04. Total payroll in the amount of $346,904.33. Payroll period: 6/29/2012

b. Ratification of Albany Municipal Services JPA net payroll in the amount of $47,691.65; taxes, benefits & withholdings in the amount of $33,257.07. Total payroll in the amount of $80,948.72. Payroll period: 6/29/2012

Staff recommendation: Ratify.

4-3. Ratification of bills, claims and demands against the City of Albany in the amount of: $480,084.66 (5/25/2012)

Staff recommendation: Ratify

4-4. Resolution No. 2012-41 to approve the updated benefits booklet and salary schedule for City Treasurer.

4-4A Staff Report
4-4B Reso 2012-41
4-4C Elected Officials Benefits Booklet (draft)
4-4D Elected Officials Salary Schedule

Staff recommendation: Approve Resolution No. 2012-41, a resolution of the Albany City Council approving the updated benefits booklet and salary schedule for City Treasurer.

4-5. Annual Adoption of City Investment Policy, Resolution No. 2012-43 – A Resolution of the Albany City Council Re-Delegating Investment Authority to the City Treasurer and Adopting the Investment Policy for the City of Albany.

4-5A Staff Report
4-5B Reso 2012-43
4-5C Exh A City Investment Policy
4-5D Att A CMTA Code of Ethics
4-5E Att B PMIA Investment Policy
4-5F Att C CalTRUST Policy

Staff recommendation: Adopt Resolution No. 2012-43 – A Resolution of the Albany City Council Re-Delegating Investment Authority to the City Treasurer and Adopting the Investment Policy for the City of Albany.

4-6. Resolution No. 2012-44 – A resolution of the Albany City Council establishing the Appropriation Limit for the 2012-13 Fiscal Year at $16,362,332.

4-6A Staff Report
4-6B Exh A
4-6C Reso 2012-44

Staff recommendation: Approve Resolution No. 2012-44 – A resolution of the Albany City Council establishing the Appropriation Limit for the 2012-13 Fiscal Year at $16,362,332.

4-7. Contract No. C12-15 with Nelson/Nygaard Consulting Associates, Inc. to develop 35% concept design and public process for a Complete Street Project for San Pablo Avenue and Buchanan Street.

4-7A Staff Report
4-7B Att 1 Scope of Work
4-7C Att 2 Project Budget and Schedule

Staff recommendation: Authorize the City Manager to enter into Contract No. C12-15 with Nelson/Nygaard Consulting Associates, Inc. in the amount of $75,315 for the development of 35% Design and public process for a Complete Streets Project for San Pablo Avenue and Buchanan Street.

4-8. Contract award for tennis court resurfacing at Jewel’s Terrace Park

4-8 Staff Report

Staff recommendation: That Council authorize the City Manager to enter into a contract with First Serve for the resurfacing of the tennis courts at Jewel’s Terrace Park not to exceed $35,000.

4-9. Authorize staff, for a period of three years, to issue Street Event Encroachment Permits to Promotion of Albany High School Sports (PAHS) to allow a street closure for the Albany Community Triathlon and to the Berkeley Bicycle Club for the annual Berkeley Bicycle Club Criterium; and waive encroachment permit fees for the events.

4-9 Staff Report

Staff recommendation: That the Albany City Council:
1) Authorize staff, for a period of three years, to issue a Street Event Encroachment Permits to the Promotion of Albany High School Sports (PAHS) to allow a street closure for the Albany Community Triathlon and to Albany Little League to allow a street closure for the Annual Little League Parade;
2) Waive encroachment permit fees for each event; and
3) Require staff to refer the application back to the City Council for consideration if the nature of the events were to change significantly, or if currently unforeseen policy issues arise.

4-10. Ordinance No. 2012-05, Amending Chapter XXII (Subdivision) of the Albany Municipal Code to Amend Regulations for Parkland Dedication Requirements – Second Reading – Pass-to-Print.

4-10A Staff Report
4-10B Ord 2012-05 Parkland

Staff recommendation: Approve Ordinance No. 2012-05 - An Ordinance of the City of Albany City Council Amending Chapter XXII (SUBDIVISION) Of the Albany Municipal Code To Amend Regulations for Parkland Dedication Requirements – Second Reading - Pass to print.

4-11. Ordinance No. 2011-07, Approving University Mixed Use Project Zoning Map Amendment – Second Reading – Pass-to-Print.

4-11A Staff Report
4-11B Ord 2011-07 Rezoning

Staff recommendation: Approve Ordinance No. 2011-07 - An Ordinance of the City of Albany City Council Approving University Village Mixed Use Project Zoning Map Amendment – Second Reading - Pass to print.

4-12. Ordinance No. 2011-06, Approving University Village Mixed Use Project Zoning Overlay District – Second Reading – Pass-to-Print.

4-12A Staff Report
4-12B Ord 2011-06 Zoning Overlay

Staff recommendation: Approve Ordinance No. 2011-06 - An Ordinance of the City of Albany City Council Approving University Village Mixed Use Project Zoning Overlay District – Second Reading - Pass to print.

4-13. Ordinance No. 2012-04, adopting a Development Agreement between the City of Albany and the University of California – Second Reading – Pass-to-Print.

4-13A Staff Report
4-13B Ord 2012-04 Dev Agmt

Staff recommendation: Approve Ordinance No. 2012-04 - An Ordinance of the City of Albany City Council Approving University Village Mixed Use Project Development Agreement – Second Reading - Pass to print.

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 Planning Commission Decision Denying Planning Application #08-038- Conditional Use Permit & Design Review for a New AT&T Wireless Facility at 1035 San Pablo Avenue

6-1A Staff Report
6-1B Att 1 07 02 12 Staff Report
6-1C Att 2 Draft Findings for Denial - Reso 2012-49
6-1D Att 3 AT & T Letter to City 05 04 12
6-1E Att 4 Appeal Form and Letter
6-1F Att 5 Alt Analysis Report
6-1G Att 6 Correspondence 07 02 12 to present

City Council Review: At the appeal hearing on July 2, 2012, the City Council voted 3-2 to continue the appeal hearing to a date certain of July 16, 2012 pending preparation of the following additional information to be further examined:
1) AT&T and staff to further evaluate the 979 San Pablo Avenue site with regard to technical feasibility and availability
2) Determine if there is any way to change roof coverage at the 1035 San Pablo site to prevent a net increase

6-2. Public Hearing on the Levy of Assessments within Assessment District No. 1988-1 and No. 1996-1 for Fiscal Year 2012/13 pursuant to the Landscaping and Lighting Act of 1972

6-2A Staff Report
6-2B Reso 2012-46
6-2C Reso 2012-47
6-2D Att 3 1988-1 Parts A B C
6-2E Att 4 1996-1 Parts A B C
6-2F Att 5 1988-1 Amendment No. 1

Staff Recommendation:
1) Conduct Public Hearing.
2) Approve Resolution No. 2012-46 - A Resolution of the Albany City Council Confirming the Diagram and Assessment and Levying Assessments Assessment District No. 1988-1 for Fiscal Year 2012/13 (pursuant to the Landscaping and Lighting Act of 1972)
3) Approve Resolution No. 2012-47 - A Resolution of the Albany City Council Confirming the Diagram and Assessment and Levying Assessments in Assessment District No. 1996-1 for Fiscal Year 2012/13 (pursuant to the Landscaping and Lighting Act of 1972

6-3. Resolution No. 2012-48 - Capital Improvement Plan

6-3A Staff Report
6-3B Table 1 Summaries
6-3C Table 2 Policy Matrix
6-3D Table 3 Fund Source Summary
6-3E Table 4 Future Projects
6-3F Reso 2012-50

Staff recommendation: Approve Resolution No. 2012-50 adopting the Capital Improvement Plan (CIP) for period fiscal year 2012-13 to fiscal year 2016-17.

6-4. Resolution No. 2012-48 - Operating Budgets for Fiscal Years 2012-13 and 2013-14 and Goals and Objectives for 2012-13

6-4A Staff Report
6-4B Reso 2012-48
6-4C GF Proposed Operating Budget-By Type
6-4D GF Proposed Operating Budget - By Department
6-4E (1) Goals and Objectives
6-4E (2) Goals by Department

Staff recommendation: Approve Resolution No. 2012-48 adopting the General Fund Operating Budgets for fiscal years 2012-13 and 2013-14, and Goals & Objectives for fiscal year 2012-13, with the condition that City staff present options to balance the revenue and expenditures for fiscal year 2013-14, prior to July 1, 2013.

7. UNFINISHED BUSINESS

7-1. Calling for a General Municipal Election and Requesting Consolidation with the Statewide General Election for the Purpose of Electing Three Persons to fill the Office of City Council Member, Two Persons to fill the Office of Member of the Board of Education, and one Person to fill the Office of City Treasurer and Seeking Voter Approval of a One-half of One Percent (.5%) Transactions and Use Tax for the Next Eight years to fund General Municipal Services

7-1A Staff Report
7-1B Reso 2012-42
7-1C Ord 2012-03

Staff recommendation:
1. Adopt Resolution No. 2012-42 – A Resolution of the Albany City Council Calling and giving Notice of Holding a General Election to be Held on November 6, 2012 and Requesting the Board of Supervisors of Alameda County to Consolidate Said Election with the Statewide General Election; Authorizing the City Clerk or Her Duly Authorized Officers to Carry Out all the Necessary Procedures for Said Election; and Submitting to the Voters a Proposed Ordinance Amending Chapter IV "Finance" of the Albany Municipal Code by the Addition of Article 4-12, "Transactions and Use Tax".

2. Form an ad hoc Council subcommittee with responsibility for preparing and filing a written argument in favor of the ballot measure and a written rebuttal to an argument against the measure, if filed, as identified in Resolution No. 2012-42.

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).

9-1. Monthly report from the City Council Subcommittee on the Gill Tract (oral report)

9-2. The next regular meeting of the Albany City Council will be TUESDAY, September 4, 2012


10. JPA NEW BUSINESS

10-1. Resolution No. JPA2012-2 to Grant Another Designated Period for Two Years Additional Service Credit

10-1A JPA Staff Report
10-1B Reso JPA 2012-2

Staff Recommendation: Approve Resolution No. JPA2012-2 - A resolution of intention to grant a designated period for the “Two Years Additional Service Credit” provision (§20903) for the classification of Public Works Manager.

11. 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.


*Please contact the City Clerk at 510.528.5710 to confirm whether teleconferencing will occur for the July 16, 2012 meeting.