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City Council Meeting

January 22, 2008
8:00PM
Council Chambers, City Hall
1000 San Pablo Avenue

7:00 p.m.

CLOSED SESSION

Closed session to discuss real property pursuant to Government Code Section 54956.8:

Property: 979 San Pablo Avenue

Negotiating Parties: Red Oak Realty, on behalf of 979 San Pablo Avenue and City Administrator, Assistant City Administrator and City Attorney, on behalf of the City.

Under Negotiation: Terms and conditions to obtain lease agreement for temporary relocation of City operations.

Property: Proposed Pierce Street Park, located across from 737 Pierce Street.

Negotiating Parties: Caltrans, on behalf of the State; City Administrator & City Attorney, on behalf of the City.

OPPORTUNITY FOR THE PUBLIC TO SPEAK ON CLOSED SESSION ITEMS

ADJOURN TO CLOSED SESSION

  1. PLEDGE OF ALLEGIANCE

  2. ROLL CALL

  3. ANNOUNCEMENT OF EXECUTIVE SESSION ACTION

  4. CONSENT CALENDAR

    4-1. Council Minutes, December 17, 2007.

    Staff recommendation: Approve.

    4-2. a. Ratification of City of Albany net payroll in the amount of $185,086.88; taxes, benefits & withholdings in the amount of $223,095.08. Total payroll in the amount of $408,181.96. Payroll period: 12/21/07. Ratification of City of Albany net payroll in the amount of $186,995.36; taxes, benefits & withholdings in the amount of $150,350.10. Total payroll in the amount of $337,345.46. Payroll period: 01/01/08

    b. Ratification of Albany Municipal Services JPA net payroll in the amount of $56,370.40; taxes, benefits & withholdings in the amount of $62,505.40. Total payroll in the amount of $118,875.80. Payroll period: 12/21/07. Ratification of Albany Municipal Services JPA net payroll in the amount of $54, 233.36; taxes, benefits & withholdings in the amount of $42,838.15. Total payroll in the amount of $97,071.51. Payroll period: 01/04/08.

    Staff recommendation: Ratify.

    4-3. a. Ratification of bills, claims & demands against the City of Albany in the amount of $473,394.42. Period: 12/14/07.

    b. Ratification of bills, claims & demands against the City of Albany in the amount of $120,925.04. Period: 12/2807.

    c. Ratification of bills, claims & demands against the City of Albany in the amount of $23,176.00. Period: 01/01/08.

    Staff recommendation: Ratify.

    4-4. Police & Fire Pension payments in the amount of $111,686.15 for the month of December, 2007.

    Staff recommendation: Ratify.

    4-5. Confirmation of Continued Existence of a Local Emergency on the Albany Shoreline.

    Staff Report
    Resolution 07-69

    Staff recommendation: Confirm the continued existence of a local emergency pursuant to Resolution #07-69.

    4-6. Burrowing Owls Habitat at the Albany Plateau regarding contract amendment with Avocet Research Associates.

    Staff Report
    Attachment 1
    Attachment 2

    Staff recommendation: Amend the contract with Avocet Research Associates to increase the contract from $7,102.50 to $14,141.25.

    4-7. Resolution #08-2 - A Resolution of the Albany City Council Approving and Accepting Improvements and Directing the Filing of the Notice of Completion for Ohlone Greenway Lighting and Pathway Improvements (Contract No. C06-23 - Nema Construction).

    Staff Report
    Resolution 08-2
    Notice of Completion

    Staff recommendation: Adopt Resolution #08-2.

    4-8. Solicitation of Auditors.

    Staff Report

    Staff recommendation: Authorize staff to solicit proposals from Certified Public Accounting firms to serve as independent auditors for the City of Albany, the Albany Municipal Services Joint Powers Authority, Albany Community Reinvestment Agency and the City of Albany Police and Fire Relief Pension Fund for fiscal years ending June 30, 2008 through June 30, 2013.

    4-9. Mayor Lieber requesting that the proposed smoking ordinance be referred to the Sustainability Committee after the Social & Economic Justice Commission has completed its recommendations.

    Staff Report

    Mayor Lieber recommendation: Approve.

    4-10. Information Report - Alameda-Contra Costa Transit District (AC Transit) Bus Shelter Advertising Contract Transfer from Lamar L.L.C to Clear Channel, Inc.

    Staff Report
    Attachment 1

    Staff recommendation: No action, information only.

  5. GOOD OF THE CITY/PUBLIC FORUM

  6. PRESENTATION/PUBLIC HEARING

    6-1. Presentation of Proclamation for Miya Kitahara - first green MBA in City of Albany.

    Proclamation

    6-2. Presentation of Proclamation declaring the month of January, 2008 as National Blood Donor Month.

    Proclamation

    6-3. Presentation of Proclamation declaring the month of March, 2008, as American Red Cross Month.

    Proclamation

  7. UNFINISHED BUSINESS

    7-1. Ohlone Greenway Path Alignment Concept Design - Proposal to be submitted to BART.

    Staff Report
    Option A
    Option B
    Letter from Albany Strollers & Rolllers (AS&R)

    Additional Text to Preston Jordan's Letter

    Staff recommendation: That the City Council direct City staff and Gates & Associates to submit Concept Diagram Option A to BART for Ohlone Greenway path alignment changes and construction scheduling requests, that include: 1) A single combined path with 2' borders of decomposed granite on either side. 2) Replacement of the existing pedestrian path with turf. 3) Negotiations with BART to accommodate school and commercial retail schedules during the construction period.

  8. NEW BUSINESS

    8-1. Removal of Monterey Pines from Gill Tract.

    Staff Report
    Glenda Rubin Email
    Map and Photos

    Gill Tract Hazardous Trees Removal by UC Berkeley

    Staff recommendation: Pursuant to the discussion and recommendations of the Parks & Recreation Commission, authorize the Mayor to sign correspondence to the University of California, Berkeley, to urge the University to provide the City with advance communication and opportunity for involvement before moving forward with the second phase of Monterey Pine tree removal.

    8-2. a. Ordinance #08-01 - An Ordinance of the Albany City Council Regarding Integrated Pest Management (IPM) Policy and Regulations. First Reading.

    b. Resolution #08-3 - A Resolution of the Albany City Council Approving and Integrated Pest Management (IPM) Policy and Regulations.

    Staff Report
    Ordinance 08-01
    Resolution 08-3

    Staff recommendation: 1) Introduce Ordinance #08-01 for First Reading. 2) Adopt Resolution #08-3.

    8-3. Light Brown Apple Moth Aerial Spraying Program.

    Staff Report
    Resolution 08-4
    Email Rich Cunningham on Aerial Pesticide Spraying in the Eastbay
    CA Dept. of Food & Ag - Light Brown Apple Moth Pest Profile
    Light Brown Apple Moth Background & Summary
    Power Point Slides - Light Brown Apple Moth in CA
    San Jose Mercury News, 01.06.08

    Additional Background Information:

    Power Point Slide Presentation-Light Brown Apple Moth Eradication Program
    Light Brown Apple Moth In Alameda County Through 11.01.07
    Toxocologist Testimony
    Toxocology Analysis
    Carey Testimony
    Harder Testimony
    Summary of Health Complaints
    California Alliance To Stop the Spray (CASS) to Santa Cruz County Health Services Agency
    CA Dept. of Food & Ag. Letter to John Liard, 10.04.07
    Nov. 16, 2007 Letter to CA Dept. Secretaries
    CA Dept. of Food & Ag. Light Brown Apple Moth Questions & Answers
    What Others Are Saying
    Dept. of Forestry & Fire Protection, 10.02.07 Letter to Laird
    CA Dept. of Food & Ag. 10.26.07 Letter to Laird

    Staff recommendation: Consider adoption of Resolution #08-4 - A Resolution of the Albany City Council Opposing the California Department of Food and Agriculture Aerial Spray Program to Eradicate the Light Brown Apple Moths presented by Mayor Lieber.

  9. OTHER BUSINESS/ANNOUNCEMENT OF EVENTS

  10. ADJOURNMENT

    10.1. Adjourn the meeting with a moment of silence in memory William F. Ganong.

(The Council meeting packet is available for public inspection at the Albany Library (526-3720), the Fire Department and the City Clerk’s Office. If you have any questions pertaining to any agenda item or Council meeting procedure, please contact the City Clerk’s Office at 528-5720.) The City of Albany is dedicated to maintaining its small town ambiance, responding to the needs of the Community and providing a safe, healthy environment now and in the future.

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 and the official minutes will be published on the Internet.

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), 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)">

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