Council Agenda: Verizon Lawsuit, Zweben Recognition, Library Contract and More

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City Council Meeting
Date: 12/19/2011 7:30 PM - 11:45 PM
Location: Council Chambers, City Hall
1000 San Pablo Avenue
Albany, California 94706

6:45 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 item: 

CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Pursuant to Government Code Subdivision (a) of Section 54956.9 
Name of case: Before the Public Utilities Commission of the State of California, the Application of Crown Castle Solutions Corp. (U-6936-C) and Crown Castle GT Company LLC for Preemptive Approval of the Swap-Out of Four Antennas on Existing Cellular Tower in Albany, California on Behalf of Verizon Wireless 

CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Pursuant to Government Code Subdivision (a) of Section 54956.9 
Name of case: Before the US District Court Northern District Oakland Division: GTE Mobilenet of California Limited Partnership, a California limited partnership d/b/a Verizon Wireless vs. City of Albany Case No. 11-6155 

APPOINTMENT OF A PUBLIC EMPLOYEE Pursuant to Government Code 
Section 54957 - City Clerk. 

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, December 5, 2011 

Staff recommendation: Approve 

4-2. a. Ratification of City of Albany net payroll in the amount of $ 240,130.35; taxes, benefits & withholdings in the amount of $ 207,283.05. Total payroll in the amount of $ 447,413.40 . Payroll period: 12/2/2011 

b. Ratification of Albany Municipal Services JPA net payroll in the amount of $45,819.04 ; taxes, benefits & withholdings in the amount of $ 32,127.67. Total payroll in the amount of $77,946.71 . Payroll period: 12/2/2011 

Staff recommendation: Ratify. 

4-3. Ratification of Police & Fire Pension Plan payments in the amount of $118,697.48 for the month of November, 2011. 

Staff recommendation: Ratify. 

4-4. Design work for safety improvements to the Marin Avenue-Santa Fe intersection at Marin Elementary School. 

4-4A Staff Report
4-4B Marin/Santa Fe Change Order

Staff recommendation: Authorize the City Manager to execute Amendment No. 2 to the Agreement for Consultant Services with AECOM for the design of Safety Improvements at the intersection of Marin and Santa Fe project (Contract No. C09-30 ) in the amount of $49,500. 

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 

6-1. Resolution No. 2011-58 - A Resolution of the Albany City Council in Appreciation of Robert J. Zweben, City Attorney, for his more than 33 Years of Service to the City of Albany 

6-1 Reso 2011-58

Staff recommendation: Approve Resolution No. 2011-58 

7. PUBLIC HEARING 

7-1. Resolution No. 2011-57 - Amendment of Buchanan/Marin Overhead Utility Conversion District and Approval of Agreements with PG & E 

7-1A Staff Report
7-1B Reso 2011-57
7-1C Exhibit A
7-1D Exhibit B
7-1E Exhibit C
7-1F Declaration of Mailiing Conversion Dist


Staff recommendation: Approve Resolution No. 2011-57 amending the Buchanan and Marin Overhead Utility Conversion District, providing for Phased Construction and approving Agreements with PG & E 

8. UNFINISHED BUSINESS 

8-1. Contract with the County of Alameda for Additional Library Services, Fiscal Year 2011/2012, in the amount of $690,895. 

8-1A Staff Report
8-1B Att A - Contract Cover Letter
8-1C Att B - Revised Contract
8-1D Att C - Budget Option 4

Albany Library Advisory Board recommendation: The Library Board voted to send the contract to Council for consideration without a recommendation. 

Staff recommendation: Approve contract between the City of Albany and the County of Alameda for Additional Library Services for Fiscal Year July 1, 2011 - June 30, 2012. 

8-2. Follow up regarding budget balancing strategies and public opinion survey. 

8-2A Staff Report
8-2B Matrix
8-2C Fairbank, Maslin, Maullin, Metz & Assoc
8-2D Godbe
8-2E Rose Institute
8-2F Tramutola Advisors
8-2G William Berry Campaigns
8-2H William Berry Campaigns - Part 2
8-2I Survey


Staff recommendation: That Council determine its preference for type of public opinion survey to be conducted, and provide direction to staff regarding selection of firm if a random sample is the preferred type, and direction regarding the draft public opinion survey topics and questions. 

9. NEW BUSINESS 

9-1. Contract for services with Today in America Television Show 

9-1A Staff Report
9-1B Agreement

Staff recommendation: That Council authorize the City Manager to enter into a contract with Today in America with Terry Bradshaw for $24,800 for the production of a television segment highlighting community, sustainability, and economic development in Albany to be aired nationwide, with licensing rights granted to the City. 

9-2. Alameda Countywide Transportation Plan, Transportation Expenditure Plan and Proposed Extension of Measure B 

9-2A Staff Report

Transportation Plan Link

9-2B Bates Letter

9-2C Comments

Staff recommendation: Provide feedback to the Alameda County Transportation Commission on the Draft Alameda Countywide Transportation Plan (CTP), Transportation Expenditure Plan (TEP), and proposed extension and augmentation of Measure B. 

9-3. Resolution No. 2011-60 - Opposing the Sale and Purchase of Rat and Mouse Poisons Deemed an Unreasonable Risk to Children, Pets and Wildlife.

9-3A Reso 2011-60 
9-3B List of Rodenticide Products

Council Member Wile recommendation: Approve Resolution No. 2011-60. 


10. 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). 

10-1. Cancel the regular meeting of Tuesday, January 3, 2012, due to the lack of pressing business. The next City Council Meeting will be Tuesday, January 17, 2012. 

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.