Approved Minutes CM 11 05 12

7:00 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:

1) Conference with legal counsel to discuss pending litigation pursuant to Government Code Section 54966.9(a):
a) Albany Strollers & Rollers et al. v. City of Albany et al., Alameda County Superior Court, Case No. RG12644244
b) Eric Larsen v. City of Albany, Alameda County Superior Court, Case No. RG12644349


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, October 15, 2012
b. Minutes, October 22, 2012

Staff recommendation: Approve

4-2. a. Ratification of City of Albany net payroll in the amount of $197,294.39; taxes, benefits & withholdings in the amount of $158,739.44. Total payroll in the amount of $356,033.83. Payroll period: 10/5/2012

b. Ratification of Albany Municipal Services JPA net payroll in the amount of $47,273.03; taxes, benefits & withholdings in the amount of $34,409.77. Total payroll in the amount of $81,682.80. Payroll period: 10/5/2012

c. Ratification of City of Albany net payroll in the amount of $207,790.46; taxes, benefits & withholdings in the amount of $278,863.62. Total payroll in the amount of $486,654.08. Payroll period: 10/19/2012

d. Ratification of Albany Municipal Services JPA net payroll in the amount of $45,687.41; taxes, benefits & withholdings in the amount of $69,610.12. Total payroll in the amount of $115,297.53. Payroll period: 10/19/2012

Staff recommendation: Ratify.

4-3. Ratification of Police & Fire Pension Plan payments in the amount of $113,080.77 for the month of October, 2012.

Staff recommendation: Ratify.

4-4. 2012 Sewer Project – East Albany Hill and North of Brighton, Contract No. C11-14, CIP Project Nos. P48 and P82

4-4A Staff Report
4-4B Exhibit Maps
4-4C ARWS Proposal
4-4D Proposal Legal Description & Plats

Staff recommendation: Authorize the City Manager to enter into agreements related to the 2012 Sewer Rehabilitation Project on the West Side of Albany Hill and North of Brighton Avenue, including:

1) Associated Right of Way Services (AR/WS) to assist with the acquisition of temporary and permanent easements for sanitary sewers for an amount not to exceed $25,000.
2) Leptien, Cronin, Cooper, Morris & Poore, Inc. (LCC) to provide right of way exhibit maps, legal descriptions and plats for the easements and agreements with property owners for an amount not to exceed $25,000.
3) A title company to be determined to conduct title searches and reports in support of easement services for an amount not to exceed $20,000.

4-5. Authorize the City Manager to enter into agreements with Greg Jacobs Engineering, Rossi Consulting, Associated Engineering Consultants, and AECOM for Professional Services for the Buchanan-Marin Bikeway Project.

4-5A Staff Report
4-5B Exh A Rossi Consulting Proposal
4-5C Exh B Jacobs Engineers Proposal
4-5D Exh C AECOM Proposal
4-5E Exh D Engineering Test Service Proposal

Staff recommendation: Authorize the City Manager to:
1) Enter into an agreement not to exceed $45,675 with Greg Jacobs Engineering to provide construction engineering/ inspection services.
2) Enter into an agreement not to exceed $76,464 with Rossi Consulting for construction management services during construction.
3) Enter into an agreement not to exceed $59,420 with Associated Engineering Consultants, Inc. (AEC) for material testing and certification.
4) Enter into an agreement not to exceed $ 64,000 with AECOM for design support services.

4-6. A Resolution of the Albany City Council Authorizing the City Manager to approve a Reimbursement Agreement with the East Bay Municipal Utility District for the Construction of a Recycled Water Pipeline in the Buchanan-Marin Bikeway Project.

4-6A Staff Report
4-6B Reso 2012-64
4-6C Agreement with EBMUD

Staff recommendation: Adopt Resolution No. 201264 authorizing the City Manager to approve a reimbursement agreement with the East Bay Municipal Utility District for the construction of a recycled water pipeline in the Buchanan-Marin Bikeway Project.

4-7. Resolution No. 2012-61 Amending Resolution No. 06-38 to Revise Locations for Posting of Official Notices within the City of Albany

4-7A Staff Report
4-7B Reso 2012-61

Staff recommendation: That Council adopt Resolution No. 2012-61, amending Resolution No. 06-38 to revise locations for posting of official notices within the City of Albany.


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. Albany Historical Society Historical Plaque

6-1 Staff Report

Staff recommendation: That Council accept the donation of a plaque from the Albany Historical Society, to be installed in the sidewalk on the southwest corner of San Pablo Avenue at Buchanan Street, to recognize local residents’ resistance to the dumping of Berkeley garbage in their community in 1908, which led to the incorporation of the City of Ocean View – subsequently renamed Albany.

7. UNFINISHED BUSINESS

7-1. Contract with RGS Energy Incorporated to Design and Construct Solar Photovoltaic System at Albany’s Childcare Center.

7-1A Staff Report
7-1B Reso 2012-63
7-1C PV Site Plan (note: opens very slowly due to graphics)
7-1D Single Line Diagram

Staff recommendation: Approve Resolution No. 2012-63 authorizing the City Manager to execute a contract, in a form approved by the City Attorney, with RGS Energy Incorporated in an amount not to exceed $125,000 to design and construct a solar photovoltaic system to offset energy use at Albany’s Childcare Center.

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. Election Day – November 6, 2012 – 7 a.m. to 8 p.m. - Polling Locations can be found by visiting http://www.acgov.org/rov/profile.htm

9-2. City of Albany Veteran’s Day Pancake Breakfast – Veteran’s Memorial Building, 1325 Portland Avenue, Sunday, November 11, 9am-Noon

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.